2013 Kentucky Revised Statutes CHAPTER 353 - MINERAL CONSERVATION AND DEVELOPMENT 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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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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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.
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 Independence Act.
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.
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:June 8, 2011
History: Created 2011 Ky. Acts ch. 24, sec. 3, effective June 8, 2011.
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