The Natural Resources Committee introduced S.B. 2095 to the North Dakota legislature. The bill’s primary goal is to promote the geologic storage of carbon dioxide. The Natural Resources Committee believes the bill will “ensure the viability of the state's coal and power industries, to the economic benefit of North Dakota and its citizens.” The bill recognizes that effective geologic storage “requires cooperative use of surface and subsurface property interests and the collaboration of property owners.” Section 38-20-08 establishes fourteen points that an applicant must satisfy before the Industrial Commission can issue a permit to allow storage. The bill would create a carbon dioxide storage facility administrative fund and a carbon dioxide trust fund. Storage operators would pay a fee for each ton of carbon dioxide stored into each of these funds.
Also of importance, storage operators would retain title to the carbon dioxide and be liable for any damages until the Industrial Commission issues a certificate of completion. The Industrial Commission can only issue a certificate after at least ten years have passed since the storage operator last injected carbon dioxide. Further, the project must pass several tests in order for the Industrial Commission to issue a certificate. After the Industrial Commission issues a certificate, title and liability pass to the state.
Montana recently began working on a similar bill: http://climate.alston.com/blog.aspx?entry=1157.