353.812 Cabinet and bordering states to discuss and develop unified approach to
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/ky/353-812A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
subsurface migration -- Reports to Governor and Legislative Research
Commission.
(1)The secretary of the cabinet shall take affirmative steps to initiate discussions with
surrounding states to develop a coordinated and unified approach to subsurface
migration of stored carbon dioxide and may enter into reciprocal agreements with
states that share a border with Kentucky that:
(a)Affirm that accidental or unforeseen migration of subsurface stored carbon
dioxide across state lines shall not be treated by the states as trespass;
(b)Provide a mechanism for resolution and compensation for unforeseen
migration incidents, including necessary monitoring arrangements to track or
arrest future migration; or
(c)Establish a process whereby reservoirs that cross state lines can be created
where it is geologically and mutually advantageous to do so.
(2)The cabinet shall report to the Governor and the Legislative Research Commission
on the progress of discussions held under this section. The report shall be presented
in writing and through testimony to the Special Subcommittee on Energy and the
Interim Joint Committee on Natural Resources and Environment annually unless the
chairs of these committees direct otherwise. Reporting shall begin in 2012 and
continue until the cabinet is satisfied that all necessary agreements have been
reached and has reported that conclusion.