All Roll Calls
Yes: 183 • No: 48
OklahomaSB 269Oklahoma 2026 Regular SessionSenate
Carbon sequestration; modifying jurisdiction over certain injection wells; establishing provisions for establishment of certain CO2 sequestration facilities and storage units. Effective date.
Sponsored By: Dave Rader (Republican)
Signed by Governor
Senate Committee
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 2 benefits, 0 costs, 3 mixed.
Who owns injected CO2 and surface rights
Beginning November 1, 2025, injected carbon dioxide is the personal property of the facility owner. Surface and mineral owners do not own the injected CO2 unless a court or regulator finds willful abandonment. For oil and gas development, the mineral estate remains dominant over the surface estate. This clarifies rights but can limit how surface owners use their land.
Single regulator for CO2 storage and wells
Beginning November 1, 2025, the Corporation Commission has sole authority over Class VI CO2 wells, storage units, and sequestration facilities. Operators must get a Commission permit unless a federal UIC permit or order already authorizes the project and includes state-required conditions. The Commission sets rules, fees, bonds, and monitoring, and can carry out federal underground injection protections for drinking water. DEQ’s UIC rules do not apply where the Commission has this authority. The Commission also controls unitization approvals, can sign agreements with other agencies, and the law standardizes key carbon‑program terms.
Clearer lines between DEQ and Commission
Beginning November 1, 2025, the Commission regulates certain storage tanks for fuels and oils outside refineries and pipeline shipment points. During cleanup, DEQ regulates any point‑source discharges to federal waters. The Commission has exclusive drinking‑water authority for Class II wells, some Class V remediation wells, mineral‑brine wells, and CO2 work assigned to it. DEQ regulates pollution from many manufacturers and some agricultural facilities and is the sole air regulator for Title V sources. For farm storage sites covered by federal NPDES, DEQ authority is limited to stormwater discharges. If pollutants from a Commission site mix into a DEQ point‑source discharge, DEQ has sole jurisdiction over that discharge. DEQ does not regulate CO2 pipeline transportation.
Notice and no private takings for landowners
Beginning November 1, 2025, CO2 facility applicants must mail at least 15 days’ notice to surface and mineral owners and publish notices 30 and 15 days before the hearing. They must file proof of publication and a mailing affidavit before the hearing. Private CO2 facility and pipeline operators that are not public utilities or common carriers cannot use eminent domain under this law. These rules give landowners clearer notice and protection.
Other agencies support carbon capture programs
Beginning November 1, 2025, the Commission and DEQ may seek EPA delegation to run Clean Water Act discharge programs for oil and gas in their areas. Facilities that discharge to waters of the United States are permitted by the Oklahoma agency that receives this delegation. The Conservation Commission continues to verify and certify carbon sequestration under the state’s enhancement act.
Sponsors & Cosponsors
Sponsor
Dave Rader
Republican • Senate
Cosponsors
Ken Luttrell
Republican • House
Roll Call Votes
Senate vote • 5/13/2025
FOURTH READING
Yes: 27 • No: 15
House vote • 5/1/2025
THIRD READING
Yes: 73 • No: 12 • Other: 1
House vote • 4/16/2025
DO PASS
Yes: 13 • No: 1
House vote • 4/2/2025
DO PASS
Yes: 12 • No: 0
Senate vote • 3/17/2025
THIRD READING
Yes: 27 • No: 18
Senate vote • 3/5/2025
Committee vote: Appropriations
Yes: 21 • No: 2
Senate vote • 2/27/2025
Committee vote: Energy
Yes: 10 • No: 0
Bill Text
Enrolled (final version)
5/14/2025
Amended And Engrossed
5/5/2025
Floor (House)
5/1/2025
House Committee Report
4/16/2025
House Committee Substitute for Senate Bill
4/16/2025
House Policy Committee Report
4/2/2025
Engrossed
3/18/2025
Floor (Senate)
3/6/2025
Senate Committee Report 2
3/5/2025
Committee Substitute
2/27/2025
Senate Committee Report 1
2/27/2025
Introduced
12/30/2024
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