Establish process to regulate carbon capture, storage technology

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 136

2025-2026

Senators Schaffer, Chavez

Cosponsors: Senators Wilkin, Timken

To
enact sections 1509.71, 1509.72, 1509.73, 1509.75, 1509.76, 1509.77,
1509.79, 5301.57, 5301.58, 5301.59, and 5301.60 of the Revised Code

to
establish a process to regulate carbon capture and storage
technologies and the geologic sequestration of carbon dioxide for
long-term storage.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1509.71, 1509.72, 1509.73, 1509.75, 1509.76, 1509.77,
1509.79, 5301.57, 5301.58, 5301.59, and 5301.60 of the Revised Code
be enacted to read as follows:

Sec.
1509.71.
As
used in sections 1509.71 to 1509.79 of the Revised Code:

"Carbon
dioxide" means naturally occurring, geologically sourced, or
anthropogenically sourced carbon dioxide including its derivatives
and all mixtures, combinations, and phases, whether liquid, gaseous,
solid, stripped, segregated, or divided from any other fluid stream
thereof.

"Carbon
dioxide well" means a well that is used to inject carbon dioxide
into a reservoir for carbon sequestration under a UIC Class VI
permit. "Carbon dioxide well" shall be considered a "well"
for purposes of section 1509.01 of the Revised Code.

"Carbon
dioxide plume" means the extent of an underground injected
carbon dioxide stream.

"Carbon
sequestration" means the underground storage of carbon dioxide
in a geological formation.

"Carbon
sequestration project" means a project that involves the
underground storage of carbon dioxide in a geological formation
pursuant to at least one UIC Class VI permit.

"Owner"
includes, unless the context indicates otherwise, a person who has
the right to drill a carbon dioxide well and to inject carbon dioxide
in an underground geologic formation. "Owner," as defined
in section 1509.01 of the Revised Code, does not apply to sections
1509.71 to 1509.79 or sections 5301.58 to 5301.60 of the Revised Code
unless the context indicates otherwise.

"Pore
space" means subsurface cavities and voids, whether natural or
artificially created, that are suitable for use as a sequestration
space for carbon dioxide.

"Storage
facility" means the pore space in the subsurface area consisting
of the extent of a carbon dioxide plume and the geological seals that
confine the carbon dioxide plume that are required to be delineated
on an approved UIC Class VI permit or an amendment to a UIC Class VI
permit issued to a storage operator.

"Storage
operator" means an individual, corporation, or other legal
entity that operates a carbon sequestration project, regardless of
whether an owner that has the right to drill and store carbon dioxide
in the project area contracts, retains, or allows an individual,
corporation, or other legal entity to conduct operations or provide
other services at the carbon sequestration project.

"UIC
Class VI permit" means an underground injection control program
permit issued by the chief of the division of oil and gas resources
management that allows the operation of a carbon dioxide well.

"Underground
storage of carbon dioxide" means the injection and storage of
carbon dioxide into underground strata and formations under at least
one UIC Class VI permit.

Sec.
1509.72.
The
division of oil and gas resources management has sole and exclusive
authority to regulate carbon sequestration and the operation of
storage facilities within the state, excepting only those activities
regulated under federal laws for which oversight has been delegated
to the environmental protection agency and activities regulated under
sections 6111.01 to 6111.028 of the Revised Code. The regulation of
carbon sequestration activities is a matter of general statewide
interest that requires uniform statewide regulation, and sections
1509.71 to 1509.79 of the Revised Code and rules adopted under those
sections constitute a comprehensive plan with respect to all aspects
of carbon sequestration within this state, including storage facility
operation and permitting related to those activities.

In
order to assist the division in the furtherance of its sole and
exclusive authority as established in this section, the chief of the
division of oil and gas resources management may enter into
cooperative agreements with other state agencies regarding carbon
sequestration projects. Such cooperative agreements do not confer on
other state agencies any authority to administer or enforce sections
1509.71 to 1509.79 of the Revised Code and rules adopted under those
sections. In addition, such cooperative agreements shall not be
construed to dilute or diminish the division's sole and exclusive
authority as established in this section.

Nothing
in this section affects the authority granted to the director of
transportation and local authorities in section 723.01 or 4513.34 of
the Revised Code, provided that the authority granted under those
sections shall not be exercised in a manner that discriminates
against, unfairly impedes, or obstructs carbon sequestration projects
regulated under sections 1509.71 to 1509.79 of the Revised Code.

Sec.
1509.73.
(A)
The chief of the division of oil and gas resources management shall
adopt, rescind, and amend, rules for the administration,
implementation, and enforcement of sections 1509.71 to 1509.79 of the
Revised Code.

(B)
Rules adopted under this section shall include provisions regarding
applications for and the issuance of UIC Class VI permits; the terms
and conditions of those permits; entry to conduct inspections and to
examine records to ascertain compliance with sections 1509.71 to
1509.79 of the Revised Code, rules adopted under those sections, and
orders and terms and conditions of permits issued under those
sections; the provision and maintenance of information through
monitoring, recordkeeping, and reporting; and other provisions in
furtherance of the goals of this chapter and the Safe Drinking Water
Act.

(C)
The rules adopted under this section shall establish both of the
following:

(1)
A requirement that an applicant for a UIC Class VI permit attest that
the applicant has the legal right to inject carbon dioxide in the
underground formation proposed in the application and to the proposed
extents that the carbon dioxide will migrate, including the pressure
front associated with the injected carbon dioxide;

(2)
The amount of the costs estimated to implement the closure plan of
the carbon dioxide well and associated facilities and any post
injection site care and site closure;

(D)
The rules adopted under this section shall include an identification
of the subjects that the chief shall address when attaching terms and
conditions to a UIC Class VI permit. The subjects shall include at
least all of the following:

(1)
Requirements for the operation and monitoring of a carbon dioxide
well;

(2)
Safety concerning the drilling and operation of a carbon dioxide
well;

(3)
Spacing, setback, and other provisions to prevent storage facilities
and storage operators from impacting the ability of owners of oil and
gas interests to develop those interests;

(4)
Protection of the public and private water supply, including the
amount of water used and the source or sources of the water;

(5)
Fencing and screening of surface facilities of a carbon dioxide well;

(6)
Containment and disposal of drilling and other wastes related to a
carbon sequestration project;

(7)
Construction of access roads for purposes of the drilling and
operation of a carbon dioxide well;

(8)
Noise mitigation for purposes of the drilling of a carbon dioxide
well and the operation of such a well, excluding safety and
maintenance operations;

(9)
Liability insurance to pay damages for injury to persons or property
caused by the construction or operation of the storage facility, to
be maintained for the period of time beginning at the commencement of
construction operations and ending when the chief issues a
certificate of project completion under section 1509.77 of the
Revised Code;

(10)
Liability insurance coverage of at least fifteen million dollars to
cover bodily injury and property damage caused by the construction,
drilling, or operation of the owner's carbon dioxide wells in this
state. The rules shall require the insurance policy to include
additional coverage for an environmental endorsement.

(11)
A surety bond conditioned on compliance with all obligations imposed
under sections 1509.71 to 1509.79 of the Revised Code, to be
maintained for the period of time beginning at the commencement of
construction operations and ending when the chief issues a
certificate of project completion. The rules shall establish the
required amount of the surety bond that is not less than the cost
estimate identified in the application. The surety bond shall be
sufficient to cover corrective actions, plugging, post-injection site
care prior to receipt of a certificate of project completion, and
emergency or remedial response.

Sec.
1509.75.
(A)
Carbon sequestration projects are authorized in the state for the
purposes of injecting carbon dioxide into the pore space of a storage
facility through at least one carbon dioxide injection well under a
UIC Class VI permit.

(B)
To operate a carbon sequestration project under sections 1509.71 to
1509.79 of the Revised Code, a storage operator shall obtain at least
both of the following:

(1)
A UIC Class VI permit, which shall be applied for in the name of the
storage operator;

(2)
Any additional permits required by applicable laws, rules, and
regulations, except that a storage operator is not required to obtain
a permit required under section 1509.05 of the Revised Code.

(C)
Prior to carbon sequestration, the chief of the division of oil and
gas resources management may require a storage operator to deploy a
seismicity monitoring system. The storage operator shall use the
system to determine, to the best of the operator's ability, the
presence or absence, magnitude, and the hypocenter location of
seismic activity within the vicinity of the storage facility as may
be necessary to perform an array and a risk analysis and as required
by the chief. The chief may periodically require the storage operator
to utilize the seismicity monitoring system during carbon
sequestration operations.

(D)
Prior to operating a carbon sequestration project under sections
1509.71 to 1509.79 of the Revised Code, a storage operator shall
design the project to isolate any existing or future production of
oil and gas from the carbon dioxide plume. The chief shall issue a
permit under those sections only if the chief is satisfied that the
interests of the owners of the oil and gas will not be adversely
affected.

(E)
Provisions of this chapter codified in sections other than sections
1509.71 to 1509.79 of the Revised Code apply to carbon sequestration
projects to the extent that those provisions are consistent with, and
not specifically excepted from, sections 1509.71 to 1509.79 of the
Revised Code.

Sec.
1509.76.
(A)
A storage operator who has obtained the consent of owners of at least
seventy per cent of the pore space proposed to be used in a storage
facility may submit a statutory consolidation application for the
operation of the entire proposed storage facility to the chief of the
division of oil and gas resources management. In calculating the
seventy per cent, a pore space owner's entire interest in the
proposed storage facility, including any divided, undivided, partial,
fee, or other interest in the pore space, shall be included to the
fullest extent of that interest.

(B)
An applicant shall include the following with the application:

(1)
A list of all persons reasonably known to own an interest in the pore
space proposed to be used for the storage facility;

(2)
A processing fee based on actual application processing costs
incurred by the division of oil and gas resources management.
Promptly after receiving an application, the division shall prepare
and submit to the applicant an estimate of the processing fee and a
payment billing schedule. The division shall maintain a record of all
application processing costs incurred. After the division's work on
the application has concluded, the division shall send a final
statement to the applicant. The applicant shall pay the full
processing fee before the division issues its final decision on an
application. The applicant shall pay the processing fee regardless of
whether a permit is issued or denied, or whether the application is
withdrawn. The division shall return any unused funds paid to the
division as part of the processing fee estimate to the applicant.

(3)
Proof of notice provided under division (D) of this section, if
applicable;

(4)
Any additional information reasonably requested by the chief.

(C)
For each application, the chief shall provide notice to all pore
space owners located within the proposed storage facility and all
subsurface owners located within the proposed storage facility of the
proposed carbon sequestration project, as identified by the applicant
in the application. The chief shall not rule on an application until
after such notice has been provided. If, upon receipt of the notice,
the subsurface property owner expresses an objection to the chief
regarding the design of the carbon sequestration project based on the
potential adverse effect to a commercially valuable mineral,
including, without limitation a coal or oil and gas estate, the
storage operator shall address the objection to the satisfaction of
the chief. Such objections are not required to be submitted in the
timeframe required for notifications to the chief under division (D)
of this section, but shall be made in accordance with requirements
established by the chief.

(D)
If the proposed storage facility contains pore space for which the
owner is unknown or unlocatable, the storage operator shall publish
one notice in a newspaper of the largest circulation in each county
in which the carbon sequestration project is located. The notice
shall appear not more than thirty days prior to the date the
application is submitted to the chief.

The
notice shall:

(1)
State that an application for statutory consolidation will be filed
with the division;

(2)
Describe the proposed storage facility;

(3)
In the case of an unknown pore space owner, state the owner's
interest in the proposed storage facility, and the name of the last
known owner of that interest;

(4)
State that a person claiming an interest in the pore space proposed
to be consolidated shall notify the chief and the applicant at the
published address within twenty days of the notice's publication
date. Within seven days of receiving notice of a claim, the applicant
shall provide information to the claimant, in a form and manner
prescribed by the chief, regarding the right of the claimant to file
an objection and participate in the application proceeding before the
division.

(E)(1)(a)
The chief shall hold a hearing regarding an application submitted
under this section, except as otherwise provided in division
(E)(1)(b) of this section.

(b)
If the chief determines that an application is materially incomplete
before the required hearing date, the chief shall notify the
applicant. If the applicant does not timely correct the application,
the chief may reschedule the hearing date.

(2)
At the hearing, the chief shall consider whether the application is
reasonably necessary to facilitate the underground storage of carbon
dioxide.

(F)(1)
The chief shall issue an order approving the application submitted
under this section and providing for the operation of the proposed
storage facility if the chief finds that such operation is reasonably
necessary to facilitate the underground storage of carbon dioxide.
The chief shall issue the order not later than sixty days after the
date of the hearing under division (E) of this section, unless the
chief denies the application by order within that sixty-day period.

(2)
An order approving an application shall be upon terms and conditions
that are just and reasonable and shall prescribe a plan for
operations that include:

(a)
A description of the pore space and storage facility proposed to be
operated;

(b)
The location of and means to access carbon injection wells,
outbuildings, roads, and monitoring equipment;

(c)
A statement of the nature of the operations contemplated;

(d)(i)
An allocation to the separately owned interests in the storage
facility of all economic benefits derived from operation of the
storage facility.

(ii)
The allocation shall be in accord with the agreement, if any, of the
interested parties. If there is no agreement between the parties, the
chief shall determine the value of each separately owned interest in
the storage facility, exclusive of physical equipment, for
development of the storage facility, and the economic benefits
allocated to each interest shall be the proportion that the value of
each interest so determined bears to the value of all interests in
the storage facility.

(e)
A provision describing how the credits and charges shall be made in
the adjustment among the owners in the storage facility for their
respective investments in wells, machinery, materials, and equipment
contributed to the operations;

(f)
A provision describing how the expenses of operations, including
capital investment, shall be determined and charged to the separately
owned interests and how the expenses shall be paid;

(g)
A provision, if necessary, for carrying or otherwise financing any
person who does not meet the person's financial obligations in
connection with the storage facility, allowing a reasonable interest
charge for such service;

(h)
A provision for the supervision and conduct of the storage facility
operations, in respect to which each person shall have a vote with a
value corresponding to the percentage of the expenses of operations
chargeable against the interest of that person;

(i)
The time when the storage facility operations shall commence and the
manner in which, and the circumstances under which, the operations
shall terminate;

(j)
Any additional provisions as are found to be appropriate for carrying
on the operations, and for the protection or adjustment of
correlative rights.

(3)
The storage operator shall file a certified copy of the order and a
survey of the storage facility in the office of the county recorder
of the county in which all or a portion of the storage facility is
located. The chief shall make the order publicly available, which may
include posting the order on the division's web site.

(G)
Storage facility operations conducted pursuant to an order issued
under this section constitute a fulfillment of all the express or
implied obligations of each lease or contract covering lands in the
storage facility to the extent that compliance with such obligations
cannot be had because of the order of the chief.

Economic
benefits allocated to any interest shall be the property and income
of the several persons to whom, or to whose credit, the same are
allocated or payable under the order providing for storage facility
operations.

(H)
No order of the chief or other contract relating to the pore space
and the storage of carbon dioxide from a separately owned interest
shall be terminated by the order providing for storage facility
operations, but shall remain in force until terminated in accordance
with the provisions thereof.

Except
to the extent that the parties affected so agree, no order providing
for storage facility operations shall be construed to result in a
transfer of any person's title to all or any part of the pore space
in the storage facility. All property, whether real or personal, that
may be acquired for the account of the owners within the storage
facility shall be the property of such owners in the proportion that
the expenses of operations are charged.

Sec.
1509.77.
(A)
After carbon dioxide injection into a storage facility ceases, the
chief of the division of oil and gas resources management may issue a
certificate of project completion upon application by the storage
operator. The chief shall issue a certificate only upon satisfaction
of the conditions imposed under this section and after providing
public notice of the application, an opportunity for public comment,
and if deemed necessary by the chief, a public hearing on the
application.

(B)
A certificate shall not be issued until at least fifty years after
carbon dioxide injections cease or until an established alternative
timeline approved by the chief has elapsed.

(C)
A certificate shall not be issued until the storage operator
establishes with a degree of certainty to the satisfaction of the
chief that all of the following apply:

(1)
The storage operator is in full compliance with all laws governing
the injection and storage of the carbon dioxide.

(2)
The following apply to the carbon dioxide that has been injected
underground for storage:

(a)
It is not expected to extend or migrate outside of the storage
facility and poses no threat to public health or safety or the
environment or underground sources of drinking water.

(b)
It is not likely to cross any boundary vertically from the storage
facility and is not expected to endanger public health or safety or
the environment or underground sources of drinking water.

(3)
All carbon dioxide wells and associated equipment and facilities to
be used in maintaining and managing the stored carbon dioxide are in
good condition and will retain mechanical integrity.

(4)
The storage operator has plugged all carbon dioxide wells not used in
maintaining and managing the stored carbon dioxide and has completed
all reclamation required by the division.

(D)
Upon the issuance of a certificate of project completion, the
following shall occur:

(1)
Except as otherwise provided in this section, the former storage
operator is released from all regulatory requirements associated with
continued storage and maintenance of the injected carbon dioxide, and
financial assurance required under rules adopted under section
1509.73 of the Revised Code shall be released to the former storage
operator.

(2)
Primary responsibility and liability for the stored or injected
carbon dioxide shall be transferred to the state, except for criminal
and contractual liability and except under any of the following
circumstances:

(a)
The storage operator violated a duty imposed on the storage operator
by state law or rule prior to approval of site closure and any
applicable statutes of limitations have not run out;

(b)
After notice and a hearing, the chief determines either of the
following:

(i)
The storage operator provided deficient or erroneous information that
was material and relied upon by the chief to support approval of site
closure;

(ii)
There is carbon dioxide migration that threatens public health or
safety or the environment or underground sources of drinking water;

(c)
The balance of the carbon dioxide storage facility fund is
insufficient to cover costs arising from storage facilities and
associated carbon dioxide wells after site closure.

(3)
The storage operator and all individuals who generated, injected, or
stored carbon dioxide shall be forever released from all regulatory
requirements associated with the continued storage and maintenance of
the injected carbon dioxide, except as provided in division (D)(2) of
this section.

(4)
Any bond or financial assurance submitted to the division shall be
released.

Sec.
1509.79.
(A)
Storage operators shall pay the department of natural resources a fee
of five and twenty-five one hundredth cents for each metric ton of
carbon dioxide injected for storage in a storage facility. The fee
shall be deposited into the carbon dioxide storage facility fund
created under this section.

(B)(1)
The carbon dioxide storage facility fund is created in the state
treasury. Except for fees collected under division (C) of this
section, the fund shall consist of any money collected under this
section in relation to a Class VI well, including money received by
the department from financial responsibility mechanisms established
and penalties imposed for violations of sections 1509.71 to 1509.79
of the Revised Code, rules adopted under those sections, and orders
and terms and conditions of a permit issued under those sections. All
interest earnings of the fund shall be credited to the fund.

(2)
The chief of the division of oil and gas resources management shall
use the money in the fund for the purpose of defraying expenses of
the division that are associated with post-closure care of
sequestered carbon dioxide in a storage facility, including the
maintenance of carbon dioxide wells, associate surface facilities,
remediation of any environmental impacts from the injected carbon
dioxide, and plugging of monitoring wells associated with the
injection of carbon dioxide in a carbon dioxide well.

(3)
The existence, management, and expenditure of money from the fund do
not constitute a waiver of governmental immunity or an assumption of
any liability by the state for carbon dioxide storage.

(C)(1)
In addition to the fee established under division (A) of this
section, an owner of a carbon dioxide well shall pay a fee for each
metric ton of carbon dioxide injected in the carbon dioxide well. The
chief, by rule, shall establish the amount of the fee, and the fee
shall be deposited in the carbon capture administrative fund created
under this section.

(2)
The carbon capture administrative fund is created in the state
treasury. The fund shall consist of the money collected under
division (C)(1) of this section. The chief shall use the funds for
the purpose of administering sections 1509.71 to 1509.79 of the
Revised Code and the rules adopted under those sections that are
associated with injection and sequestration of carbon dioxide in a
carbon dioxide well and for other purposes determined by the chief.
All interest earnings of the fund shall be credited to the fund.

Sec.
5301.57.
(A)
As used in sections 5301.57 to 5301.60 of the Revised Code, "carbon
dioxide," "carbon dioxide well," "carbon
sequestration," "owner," "pore space,"
"storage operator," and "storage facility," have
the same meanings as in section 1509.71 of the Revised Code.

(B)
As used in sections 5301.58 to 5301.60 of the Revised Code,
"subsurface property interest owner" means a property
interest owner identified by the records of the recorder of deeds for
each county in which a portion of a proposed storage facility is
located who holds a fee simple interest, other freehold interest, or
leasehold interest in the subsurface of the property, which may
include mineral rights, such as coal or oil and gas rights.
"Subsurface property interest owner" does not include an
owner who holds an interest in property consisting solely of an
easement or right-of-way.

Sec.
5301.58.
(A)
The ownership of all pore space in all strata below the surface lands
and waters is vested in the owner of the surface directly above the
pore space.

A
conveyance of the surface ownership of real property shall be a
conveyance of the pore space in all strata below the surface of the
real property unless the ownership interest in the pore space
previously has been expressly excepted and reserved, conveyed, or
otherwise severed from the surface ownership. The ownership of pore
space in the strata may be conveyed in the manner provided by law for
the transfer of real property interests. No agreement conveying
mineral, oil and gas, coal, limestone or similar resource, or other
interests underlying the surface shall convey pore space in the
strata unless the agreement expressly includes conveyance of the pore
space.

(B)
No provision of law or rule requiring notice to be given to a surface
owner, owner of the mineral or oil and gas interest, or both shall be
construed to require notice to individuals holding ownership
interests in pore space in the underlying strata unless the
applicable law specifies notice to the individuals is required or
unless the owner of the pore space also owns an interest in the
surface or in the mineral or oil and gas interests.

(C)(1)
Nothing in sections 5301.58 to 5301.60 of the Revised Code shall be
construed to change or alter the common law existing as of the
effective date of this section with respect to the rights belonging
to, or the dominance of, the mineral estate or oil and gas estate.
For the purpose of determining the priority of surface and subsurface
uses between a severed mineral or oil and gas estate and pore space,
the severed mineral or oil and gas estate is dominant regardless of
whether ownership of the pore space is vested in the owner of the
surface or is owned separately from the surface.

(2)
If pore space is severed from the surface ownership, the pore space
estate shall be considered to be dominant over the surface estate
unless the conveyance specifically provides otherwise.

(3)
Nothing in sections 5301.58 to 5301.60 of the Revised Code shall
alter, amend, diminish, or invalidate rights to the pore space that
were acquired by deed, contract, or lease prior to the effective date
of this section.

(D)
An instrument that transfers the rights to pore space shall include a
specific description of the location of the pore space being
transferred. In the event that the instrument uses only a description
of the surface, the transfer shall be considered to include pore
space owned by the transferor at all depths underlying the described
surface area unless specifically excluded. The owner of the pore
space shall have no right to use the surface estate beyond that set
out in a properly recorded instrument due solely to its ownership in
the pore space.

An
instrument that conveys the surface directly above the pore space,
but otherwise seeks to except or reserve the rights to the pore
space, shall include a specific reference to the pore space in the
instrument. In the event of such exception or reserved rights, the
reserved rights to the pore space shall include pore space owned by
the transferor at all depths underlying the described surface area
unless otherwise specifically excluded.

Sec.
5301.59.
All
carbon dioxide injected into a storage facility for carbon
sequestration, and all other substances injected incidental to the
injection of carbon dioxide, shall be presumed to be owned by the
storage operator. This presumption may be rebutted by an individual
claiming contrary ownership by a preponderance of the evidence in an
action to establish ownership.

No
owner of pore space, other individual holding any right to control
pore space, or other surface or subsurface property interest owner,
shall have any liability relating to the injection of carbon dioxide,
or any other substances injected incidental to the injection of
carbon dioxide, for carbon sequestration activities solely by virtue
of their interest in the pore space or their surface or subsurface
rights.

Sec.
5301.60.
(A)
A claim for damages due to injection or migration of carbon dioxide
shall not be recoverable against a storage operator conducting carbon
sequestration in accordance with a valid UIC Class VI permit unless
the claimant proves that the injection or migration of carbon
dioxide:

(1)
Is injurious to health, or an obstruction to the free use of property
so as essentially to interfere with the comfortable enjoyment of life
or property; or

(2)
Has caused direct physical injury to an individual, animal, or real
or personal property.

(B)
A surface or subsurface property interest owner asserting a claim for
injury to personal or real property may recover monetary damages due
to injection or migration of carbon dioxide only for the diminution
in real or personal property value resulting from the injection or
migration of carbon dioxide beyond the storage facility.

(C)
A surface or subsurface property interest owner may not seek punitive
damages due to injection or migration of carbon dioxide if the
storage operator acts in compliance with the requirements of the UIC
Class VI permit.

(D)
Divisions (A), (B), and (C) of this section do not apply to any
claims that may be asserted by owners of oil and gas interests or
owners of class II disposal wells for damages or injuries related to:

(1)
The injection or migration of carbon dioxide;

(2)
The construction or operation of a storage facility; or

(3)
A carbon sequestration project.