353.804 Jurisdiction and authority over geologic storage of carbon dioxide --

311 words·~1 min read·/ky/353-804

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Application for and approval of demonstration projects -- Cabinet to

testify annually on program's development. (Effective July 1, 2021)

(1)The division is authorized to seek primary jurisdiction and authority over

matters relating to the geologic storage of carbon dioxide in the

Commonwealth once these programs have been developed at the federal

level.

(2)The cabinet shall seek one

(1)to five

(5)demonstration projects for location in

the Commonwealth. Projects shall be approved by the secretary or a designee.

To be approved, a project shall inject carbon dioxide into pore space that

contains no economically recoverable minerals at the time of the injection and

shall:

(a)Incorporate carbon storage or integrate carbon capture and storage

technology; or

(b)Be a carbon capture and storage project that is associated with a project

that has otherwise qualified and been approved for incentives under KRS

154.27-010 to 154.27-090, the Incentives for Energy-related Business

Act.

(3)Within eighteen

(18)months of obtaining approval of a demonstration project

from the cabinet, the applicant shall file the necessary application for a Class V

well with Region 4, United States Environmental Protection Agency (USEPA),

The applicant must begin work on the demonstration project within eighteen

(18)months of the date the Class V well permit is granted by the USEPA. The

applicant may request an extension of time from the cabinet. If the

requirements of this subsection have not been met within the time allowed and

the cabinet has not granted an extension of time, the cabinet may revoke its

approval of the demonstration project.

(4)The cabinet shall provide testimony on the program's development annually,

beginning in 2012, at meetings of the Interim Joint Committee on Natural

Resources and Environment and the Special Subcommittee on Energy unless

the chairs of the committees direct otherwise. The testimony shall include

specific recommendations for legislative action, including necessary

appropriations.