This bill instructs the Industrial Commission to write rules for geologic storage site permitting, provides for eminent domain and unitization, authorizes the state to assume liability for closed storage sites, and establishes funds for administration and long-term stewardship of geologic storage sites.
Sequestration Site Permitting
North Dakota Industrial Commission
Draft rules published 16 September 2009
Creates the carbon dioxide storage facility administrative fund, funded by a fee on each ton of CO2 injected for storage.
Liability During Operations:
Mineral Rights Primacy:
Eminent Domain for GS:
Declares geologic storage of CO2 to be in the public interest
If owners of 60% of pore space in proposed storage reservoir consent, then Industrial Commission may require that the pore space of non-consenting owners be included in the storage facility
This bill does not apply to EOR projects. The Commission may allow an EOR project to be converted to a storage facility.
The Commission may adopt procedures and criteria to determine the amount of injected CO2 stored in an EOR project, to facilitate carbon credits or allowances for EOR projects.
Transferred to state upon issuance of a certificate of project completion. State is responsible for long-term management and monitoring until such time as the federal government assumes responsibility.
Bill creates the carbon dioxide trust fund, funded by a fee on each ton of CO2 injected for storage.
Certificate of project completion can be issued not sooner than 10 years after injection ends, if the injected CO2 is stable and the reservoir is reasonably expected to retain the stored CO2.
Greenhouse Gas Accounting
The Commission may adopt procedures and criteria to determine the amount of injected CO2 stored in a storage reservoir or an EOR project, to facilitate carbon credits or allowances.