Kentucky Statutes 353.804 – Jurisdiction and authority over geologic storage of carbon dioxide — Application for and approval of demonstration projects — Cabinet to testify annually on program’s development
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(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.
Effective:July 1, 2021
History: Amended 2021 Ky. Acts ch. 141, sec. 6, effective July 1, 2021. — Created
2011 Ky. Acts ch. 24, sec. 3, effective June 8, 2011.
(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:
Terms Used In Kentucky Statutes 353.804
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Well: means a borehole drilled or proposed to be drilled for the purpose of producing natural gas or petroleum, or one through which natural gas or petroleum is being produced. See Kentucky Statutes 353.010
(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.
Effective:July 1, 2021
History: Amended 2021 Ky. Acts ch. 141, sec. 6, effective July 1, 2021. — Created
2011 Ky. Acts ch. 24, sec. 3, effective June 8, 2011.