Rep. Lawrence Walsh, Jr.

Filed: 4/7/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 3866, AS AMENDED,
3by inserting the following in its proper numeric sequence:
"Article 3.

5    Section 3-1. Short title. This Article may be cited as the
6Carbon Dioxide Geologic Storage Act. References in this
7Article to "this Act" mean this Article.
8    Section 3-5. Findings. The General Assembly finds that it
9is in the public interest to promote the geologic storage of
10carbon dioxide. Doing so will benefit the State and the global
11environment by reducing greenhouse gas emissions and will help
12ensure the viability and implementation of Public Act 102-662,
13also known as the Climate and Equitable Jobs Act, and of the
14State's energy and power industries, to the economic benefit
15of the State and its citizens. Further, geologic storage of



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1carbon dioxide, a potentially valuable commodity, may allow
2for its ready availability if needed for commercial,
3industrial, or other uses. Geologic storage, however, to be
4practical and effective, requires cooperative use of surface
5and subsurface property interests and the collaboration of
6property owners. Use of any subsurface stratum and any
7materials and fluids contained therein for geologic storage of
8carbon dioxide is a reasonable and beneficial use.
9    Section 3-10. Definitions. As used in this Act:
10    "Applicable underground injection control program for each
11class of storage facility injection well" means the program,
12or most recent amendment thereof, for that class of well in the
13State as provided by federal law.
14    "Carbon dioxide stream" means carbon dioxide plus
15incidental associated substances derived from the source
16materials and the production or capture process, and any
17substances added to the stream to enable or improve the
18injection process if such substances will not compromise the
19safety of geologic storage and will not compromise those
20properties which allow the pore space to effectively enclose
21and contain the stored carbon dioxide.
22    "Class VI Well Program" means the federal Environmental
23Protection Agency's Underground Injection Control Class VI
24program "Wells used for Geological Sequestration of Carbon



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1    "Geologic storage" means the permanent or short-term
2underground storage of carbon dioxide streams in a storage
3pore space.
4    "Pore space" means subsurface space which can be used as
5storage space for carbon dioxide or other substances.
6    "Storage facility" means the storage reservoir,
7underground equipment, and surface facilities and equipment
8used or proposed to be used in a geologic storage operation.
9"Storage facility" includes the injection well and equipment
10used to connect the surface facility and equipment to the
11storage reservoir and underground equipment. "Storage
12facility" does not include pipelines used to transport carbon
13dioxide to the storage facility from pipelines on other
14properties and pipelines longer than 5 miles.
15    "Storage operator" means a person holding or applying for
16a permit under this Act.
17    "Storage pore space" means the pore space proposed,
18authorized, or used for storing one or more carbon dioxide
19streams pursuant to a permit. "Storage pore space" does not
20include reservoirs used for purposes other than the storage of
21carbon dioxide streams.
22    Section 3-15. Ownership and conveyance.
23    (a) Title to any pore space underlying the surface of
24lands and waters is vested in the owner of the overlying
25surface estate unless it has been severed and separately



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2    (b) A conveyance of the surface ownership of real property
3shall be a conveyance of the pore space ownership in all strata
4below the surface of such real property unless the ownership
5interest in the pore space previously has been severed from
6the surface ownership or is explicitly excluded in the
7conveyance. The ownership of pore space may be conveyed or
8leased in the manner provided by law for the transfer of
9mineral interests in real property. No agreement or instrument
10conveying mineral or other interests underlying the surface
11shall act to convey ownership of any pore space unless the
12agreement explicitly conveys the ownership interest.
13    (c) No provision of law, including a lawfully adopted rule
14or regulation, requiring notice to be given to a surface
15owner, to an owner of a mineral interest, or to both shall be
16construed to require notice to a person holding ownership
17interest in any underlying pore space unless the law specifies
18notice to the person is required.
19    (d) Nothing in this Section shall be construed to change
20or alter the common law existing as of the effective date of
21this Act as it relates to the rights belonging to, or the
22dominance of, the mineral estate. For the purpose of
23determining the priority of subsurface uses between a severed
24mineral estate and pore space as described in this Section,
25the severed mineral estate is dominant.
26    (e) All instruments which transfer the rights to pore



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1space under this Section shall describe the scope of any right
2of the owner of the pore space to use the surface estate. The
3owner of any pore space right shall have no right to use the
4surface estate beyond that set out in a properly recorded
6    (f) A transfer of pore space rights made after the
7effective date of this Act is null and void at the option of
8the owner of the surface estate if the transfer instrument
9does not contain a specific description of the location of the
10pore space being transferred. The description may include, but
11is not limited to, a subsurface geologic or seismic survey or a
12metes and bounds description of the surface lying over the
13transferred pore space. If a description of the surface is
14used, the transfer shall be deemed to include the pore space at
15all depths underlying the described surface area unless
16specifically excluded. The validity of pore space rights under
17this subsection shall not affect the respective liabilities of
18any party, and the liabilities shall operate in the same
19manner as if the pore space transfer was valid.
20    (g) Nothing in this Section shall alter, amend, diminish,
21or invalidate the right to the use of subsurface pore space
22that was acquired by contract or lease prior to the effective
23date of this Act.".