Title 38 — Mining and Gas and Oil Production

It is in the public interest to promote the geologic storage of carbon dioxide. Doing so will benefit the state and the global environment by reducing greenhouse gas emissions. Doing so will help ensure the viability of the state's coal and power industries, to the economic benef…

As used in this chapter, unless the context requires otherwise: 1. "Carbon dioxide" means carbon dioxide produced by anthropogenic sources which is of such purity and quality that it will not compromise the safety of geologic storage and will not compromise those properties of a …

The commission has authority: 1. Over all persons and property necessary to administer and enforce this chapter and its objectives. 2. To regulate activities relating to a storage facility, including construction, operation, and closure. 3. To enter, at a reasonable time and mann…

Geologic storage is allowed if permitted by the commission. A permit may be transferred if the commission consents. 38-22-05. Permit applications, fees, costs, and priorities - Carbon dioxide storage facility administrative fund. 1. A person applying for a permit shall: a. Comply…

1. The commission shall hold a public hearing before issuing a permit. 2. Notice of the hearing must be published for two consecutive weeks in the official newspaper of the county or counties where the storage reservoir is proposed to be located and in any other newspaper the com…

Before issuing a permit, the commission shall consult the department of environmental quality.

Before issuing a permit, the commission shall find: 1. That the storage operator has complied with all requirements set by the commission. 2. That the storage facility is suitable and feasible for carbon dioxide injection and storage. 3. That the carbon dioxide to be stored is of…

The commission may include in a permit or order all things necessary to carry out this chapter's objectives and to protect and adjust the respective rights and obligations of persons affected by geologic storage.

If a storage operator does not obtain the consent of all persons who own the storage reservoir's pore space, the commission may require that the pore space owned by nonconsenting owners be included in a storage facility and subject to geologic storage.

When the commission issues a permit it shall also issue a certificate stating that the permit has been issued, describing the area covered, and containing other information the commission deems appropriate. The commission shall file a copy of the certificate with the county recor…

1. The commission shall take action to ensure that a storage facility does not cause pollution or create a nuisance. For the purposes of this provision and in applying other laws, carbon dioxide stored, and which remains in storage under a commission permit, is not a pollutant no…

Nothing in this chapter nor the issuing of a permit: 1. Prejudices the rights of property owners within a storage facility to exercise rights that have not been committed to a storage facility. 2. Prevents a mineral owner or mineral lessee from drilling through or near a storage …

1. Storage operators shall pay the commission a fee on each ton of carbon dioxide injected for storage. The fee must be in the amount set by commission rule. The amount must be based on the contribution of the storage facility and the source of the carbon dioxide to the energy an…

The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the commission issues a certificate of project completion. While the storage operator holds title, the operator is liable for any damage the carbon dioxide m…

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 n…

1. A person who violates a provision of this chapter or a commission rule or order under this chapter is subject to a civil penalty imposed by the commission or a court not to exceed twelve thousand five hundred dollars for each offense, and each day's violation is a separate off…

1. This chapter does not apply to applications filed with the commission proposing to use carbon dioxide for an enhanced oil or gas recovery project, rather such applications will be processed under chapter 38-08. 2. The commission may allow an enhanced oil or gas recovery projec…

1. The commission may enter into agreements with other governments, government entities, and state agencies for the purpose of carrying out this chapter's objectives. 2. The commission may enter into contracts with private persons to assist it in carrying out this chapter's objec…

Cooperative operation of a storage facility permitted by the commission does not violate North Dakota statutes relating to trusts, monopolies, or restraint of trade.

The entity or official controlling state interests or the interests of political subdivisions is authorized to consent to and participate in a geologic storage project.

1. The commission, under procedures and criteria it may adopt, shall determine the amount of injected carbon dioxide stored in a reservoir that has been or is being used for an enhanced oil or gas recovery project. The commission may also make such a determination for carbon diox…