§ 38-22-17 — Certificate of project completion - Release - Transfer of title and custody

1. After carbon dioxide injections into a reservoir end and upon application by the storage
operator, the commission shall consider issuing a certificate of project completion.
2. The certificate may only be issued after public notice and hearing. The commission
shall establish notice requirements for this hearing.
3. The certificate may only be issued after the commission has consulted with the
department of environmental quality.
4. The certificate may not be issued until at least ten years after carbon dioxide injections
end.
5. The certificate may only be issued if the storage operator:
a. Is in full compliance with all laws governing the storage facility.
b. Shows that it has addressed all pending claims regarding the storage facility's
operation.
c. Shows that the storage reservoir is reasonably expected to retain the carbon
dioxide stored in it.
d. Shows that the carbon dioxide in the storage reservoir has become stable. Stored
carbon dioxide is stable if it is essentially stationary or, if it is migrating or may
migrate, that any migration will be unlikely to cross the storage reservoir
boundary.
e. Shows that all wells, equipment, and facilities to be used in the postclosure period
are in good condition and retain mechanical integrity.
f. Shows that it has plugged wells, removed equipment and facilities, and
completed reclamation work as required by the commission.
6. Once a certificate is issued:
a. Title to the storage facility and to the stored carbon dioxide transfers, without
payment of any compensation, to the state.
b. Title acquired by the state includes all rights and interests in, and all
responsibilities associated with, the stored carbon dioxide.
c. The storage operator and all persons who generated any injected carbon dioxide
are released from all regulatory requirements associated with the storage facility.
d. Any bonds posted by the storage operator must be released.
e. Monitoring and managing the storage facility is the state's responsibility to be
overseen by the commission until such time as the federal government assumes
responsibility for the long-term monitoring and management of storage facilities.