Senate Bill 265
Senate Bill (H)
DIGEST
Carbon sequestration pilot project. Changes the description of the carbon sequestration pilot project that is authorized under current law. Eliminates the requirement that the operator of the carbon sequestration pilot project be designated by the director of the department of natural resources. Defines "carbon sequestration claim" as a civil action alleging actual or potential infringement of, interference with, or damage to real or personal property rights or interests arising from: (1) the operation of the carbon sequestration pilot project; or (2) the actual or potential presence or migration in the subsurface of injectate from the carbon sequestration pilot project. Provides
Carbon sequestration pilot project. Changes the description of the carbon sequestration pilot project that is authorized under current law. Eliminates the requirement that the operator of the carbon sequestration pilot project be designated by the director of the department of natural resources. Defines "carbon sequestration claim" as a civil action alleging actual or potential infringement of, interference with, or damage to real or personal property rights or interests arising from: (1) the operation of the carbon sequestration pilot project; or (2) the actual or potential presence or migration in the subsurface of injectate from the carbon sequestration pilot project. Provides
that a person may not maintain a carbon sequestration claim unless the person pleads and proves: (1) actual interference with the reasonable use of the person's property; or (2) direct physical injury to a person, an animal, or tangible property. Provides that recovery by a public utility for any effect of the carbon dioxide pilot project on the sources of the public water supply used by the public utility is not prohibited or limited.
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