Montana draft CCS legislation, LC 195, has entered the final review stage before it can be approved and introduced before the legislature. The short title of the bill is the “Geologic Carbon Sequestration Act.” This bill would allow the Board of Environmental Review to adopt rules regulating, permitting, and administering geologic carbon sequestration.

Montana hopes to utilize its range of geologically viable CCS sites to both protect the state’s environment by reducing greenhouse gas emissions, and promote local job growth.

The bill only regulates carbon dioxide sequestration wells that are “used for the injection of carbon dioxide into a geologic formation for permanent storage.” The bill explicitly excludes sites where CO2 is injected for the purpose of enhanced oil or gas recovery, although oil or gas wells can be converted into carbon sequestration wells.

Sections 8-11 of the bill establish property and mineral rights of subsurface pore space. Section 9 declares that the owner of the surface land above the pore space also owns the pore space and can freely convey title to each. Mineral rights are generally unaffected by the bill per Section 10. And Section 11 provides specific description requirements for the conveyance of pore space rights.