State assumes any liabilities associated with the sequestered gas, as well as any current or future environmental benefits, marketing claims, tradable credits, emissions allocations or offsets
CO2 Ownership:
Illinois to take title to injected carbon dioxide from the FutureGen project
Declares geologic sequestration, including EOR, to be in the public interest.
Notes:
Authorizes the State Mineral Board and the Commissioner of Conservation to lease state lands for geologic sequestration, and establishes conditions for such leases.
: The State Mineral Board may enter into operating agreements whereby the state receives a portion of the revenues of a geologic storage site, and assumes all or a portion of the risk, if the Board determines that it is in the states best interest to do so.
Operator, but non-economic damages are capped at $500,000 per occurance.
CO2 Ownership:
Matter of private contract.
Eminent Domain for GS:
Declares geologic storage of CO2 to be in the public interest. The commissioner can grant a certificate of public convenience and necessity to a storage operator, subject to certain findings, which authorizes the operator to exercise the power of eminent domain. Right of eminent domain does not apply to EOR projects permitted under R.S. 30:4
The Board may order the unit operation of a geologic storage reservoir upon application of persons owning storage rights to 60% of the storage capacity of the proposed storage area.
Porespace Ownership:
Porespace is owned by the surface owner, unless deeds or severance documents establish otherwise.
Liability During Operations:
Operator
Mineral Rights Primacy:
Yes
CO2 Ownership:
Operator
Notes:
For purposes of administering this law, injected CO2 is not a pollutant, nuisance , hazardous, or deleterious substance.
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
Liability During Operations:
Operator
Mineral Rights Primacy:
Yes
CO2 Ownership:
Operator
Eminent Domain for GS:
Declares geologic storage of CO2 to be in the public interest
Reaffirms that the mineral estate is dominant regardless of whether the pore space is vested in the surface owner(s) or owned separately from the surface
This bill specifies procedures for unitization, including requirements for applications, hearings and determinations. The plan for unitization must be approved by persons who own 80% of the pore space storage capacity within the unit area.
