Section 9-17-162 Requirements for Storage Facilities.

For a storage facility that is used for the storage and sequestration of carbon dioxide, all of the following shall apply: (1) A storage operator shall adhere to all rules adopted by the board relating to the underground storage of carbon dioxide. (2) A storage operator shall make a good faith effort to obtain the consent of all persons that own a storage facility’s pore space and storage rights for carbon dioxide. (3) A storage operator shall obtain the consent of persons that own not less than 66 and two-thirds percent of a storage facility’s pore space and storage rights for carbon dioxide. (4) Upon a storage operator obtaining the consent of persons that own not less than 66 and two-thirds percent of a storage facility’s pore space and storage rights for carbon dioxide, the board, after providing notice and a public hearing, may enter an order to amalgamate and pool the pore space and storage rights for carbon dioxide owned by nonconsenting owners into the storage facility on terms that are just and reasonable as determined by the board. (5) All nonconsenting owners of a storage facility’s pore space and storage rights for carbon dioxide shall be fairly and equitably compensated. (6) A storage operator shall use commercially reasonable efforts to limit the adverse surface-use impact upon the lands of nonconsenting owners of a storage facility’s pore space and storage rights. (7) A storage operator seeking approval to operate in the Blue Creek or Mary Lee coal seams in Jefferson, Tuscaloosa, or Walker counties or within a 10-mile radius of any coal mine operation shall obtain the written consent of the coal mine operator and mineral owner with an operation or mineral interest in the seams or within the radius; provided, however, that the consent shall not be unreasonably withheld or delayed.