All Roll Calls
Yes: 98 • 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
7 provisions identified: 0 benefits, 0 costs, 7 mixed.
Emergency cleanup powers and limits
In emergencies, the Commission can act immediately without a hearing and spend from its Revolving Fund, then seek repayment from the responsible party. State Treasury spending for remedial work is limited to what the Legislature authorizes each year. Money recovered by executing on required surety for cleanup is not restricted by that cap. The Commission and its authorized contractors are not liable for damages from non‑negligent remedial actions.
State roles for pollution and tanks
DEQ is the sole state regulator for pollutant releases from trains and rail sites. DEQ also has sole control of water discharges and stormwater from refineries and similar plants, and all Title V air permits. The Corporation Commission regulates many fuel storage tanks and now runs the leaking‑tank cleanup funds. The Commission must enforce Oklahoma Water Quality Standards. DEQ does not regulate CO2 pipeline transport under this law.
CO2 storage units and property rights
The law defines a CO2 storage unit and lets the Commission create units that pool pore space. To apply, an operator must control at least 63% of the surface acres and submit maps and an operations plan. Injected CO2 belongs to the facility owner unless a court finds willful abandonment. Private operators cannot use eminent domain to take storage rights. Surface and mineral owners can still drill through a reservoir, but must follow protective rules; the facility operator pays added protective costs.
Fees and fund for CO2 oversight
The Commission can charge a per‑ton fee on injected CO2 and reset it each year. A facility’s fund balance is capped at $5,000,000, and an operator’s total fees are capped at $10,000,000 at the start of each fiscal year. Fees stop when a facility’s certified balance reaches $5,000,000 and restart if it drops below $4,000,000. A revolving fund pays for monitoring, cleanup, plugging, repairs, legal help, and contract support, with annual reports and a review due November 1, 2030 and every five years after.
New rules for CO2 storage projects
The Oklahoma Corporation Commission now has main authority over CO2 storage facilities and Class VI wells. Developers must get a permit, and the agency can set rules, fees, bonds, and monitoring. Oversight is split by reservoir type: the Commission handles oil and gas‑related reservoirs, and DEQ handles other formations. DEQ’s underground‑injection role does not apply where the Commission is in charge, and DEQ no longer regulates CO2 pipeline transport. Class II oil and gas injection continues where allowed by federal rules.
State takes over long-closed CO2 sites
The Commission can issue a completion certificate no earlier than 50 years after injections stop if safety and integrity standards are met. The operator must show the CO2 will stay underground, that drinking water and public health are protected, and that monitoring and closure plans were followed. After the certificate, the state takes ownership of the remaining project and stored CO2 and leads future monitoring. Operators are released from future duties except for past noncompliance or concealment.
When these CO2 rules start
The law takes effect November 1, 2025.
Sponsors & Cosponsors
Sponsor
Dave Rader
Republican • Senate
Cosponsors
Ken Luttrell
Republican • House
Roll Call Votes
Senate vote • 5/13/2025
Top_of_Page
Yes: 0 • No: 15
House vote • 5/1/2025
Top_of_Page
Yes: 73 • No: 12
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: 0 • No: 18
Senate vote • 3/5/2025
Top_of_Page
Yes: 0 • No: 2
Senate vote • 2/27/2025
Top_of_Page
Yes: 0 • No: 0
Actions Timeline
Approved by Governor 05/20/2025
5/20/2025SenateSent to Governor
5/14/2025SenateSigned, returned to Senate
5/14/2025HouseEnrolled, to House
5/14/2025SenateReferred for enrollment
5/13/2025SenateMeasure passed: Ayes: 27 Nays: 15
5/13/2025SenateHAs adopted
5/13/2025SenateHAs read
5/5/2025SenateEngrossed, signed, to Senate
5/5/2025HouseReferred for engrossment
5/1/2025HouseThird Reading, Measure passed: Ayes: 73 Nays: 12
5/1/2025HouseGeneral Order
5/1/2025HouseTitle restored
4/16/2025HouseCR; Do Pass, amended by committee substitute Energy and Natural Resources Oversight Committee
4/16/2025HousePolicy recommendation to the Energy and Natural Resources Oversight committee; Do Pass Energy
4/2/2025HouseReferred to Energy
4/1/2025HouseSecond Reading referred to Energy and Natural Resources Oversight
4/1/2025HouseFirst Reading
3/18/2025HouseEngrossed to House
3/18/2025SenateReferred for engrossment
3/17/2025SenateMeasure passed: Ayes: 27 Nays: 18
3/17/2025SenateGeneral Order, Considered
3/17/2025SenatePlaced on General Order
3/10/2025SenateTitle stricken
3/5/2025SenateReported Do Pass as amended Appropriations committee; CR filed
3/5/2025Senate
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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