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HB0058 • 2009

Responsibilities of injectors and pore space owners.

AN ACT relating to carbon sequestration; providing for the responsibilities of injectors; providing for presumption of ownership; providing for nonliability of persons with interests in pore space and related surface and subsurface rights; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Judiciary
Last action
2009-02-27
Official status
enrolled
Effective date
7/1/2009

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2009-02-27 LSO

    Assigned Chapter Number - 50

  2. 2009-02-26 Governor

    Governor Signed HEA No. 0020

  3. 2009-02-23 Senate

    S President Signed HEA No. 0020

  4. 2009-02-20 House

    H Speaker Signed HEA No. 0020

  5. 2009-02-19 Senate

    S Passed 3rd Reading

  6. 2009-02-19 LSO

    Assigned Number HEA No. 0020

  7. 2009-02-18 Senate

    S Passed 2nd Reading

  8. 2009-02-17 Senate

    S Passed CoW

  9. 2009-02-02 Senate

    S Placed on General File

  10. 2009-02-02 Senate

    S01 Recommended Do Pass

  11. 2009-01-26 Senate

    S Introduced and Referred to S01

  12. 2009-01-20 Senate

    S Received for Introduction

  13. 2009-01-20 House

    H Passed 3rd Reading

  14. 2009-01-19 House

    H Passed 2nd Reading

  15. 2009-01-16 House

    H Passed CoW

  16. 2009-01-15 House

    H Placed on General File

  17. 2009-01-15 House

    H01 Recommended Do Pass

  18. 2009-01-13 House

    H Received for Introduction

  19. 2009-01-13 House

    H Introduced and Referred to H01

  20. 2008-12-23 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0058
Drafter:

IDS

LSO No.:
09LSO-0154
Effective Date:

7/1/2009

Enrolled Act No.:
HEA0020

Chapter No.:
50

Prime Sponsor:
Joint
Judiciary Interim Committee

Catch Title:
Responsibilities of injectors and pore
space owners.

Subject:
Carbon
sequestration.

Summary/Major Elements:

This bill establishes that
the party who injects carbon dioxide into a sequestration site is presumed to
be the owner of the carbon dioxide and liable for the consequences of
injection. This presumption of ownership can be overcome by a preponderance of
evidence in an action to establish ownership.

The bill further establishes
that no person is liable for the consequences of injecting carbon dioxide
simply because they own the pore space, have the ability to control the pore
space or have given consent to the injection.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0058

ENROLLED ACT NO. 20, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to carbon sequestration; providing for the responsibilities of injectors; providing for presumption of ownership; providing for nonliability of persons with interests in pore space and related surface and subsurface rights; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 34
‑
1
‑
153 is created to read:

34
‑
1
‑
153.

Ownership of material injected into geologic sequestration sites; liability for holding interests related to a sequestration site or giving consent to allow geologic sequestration activities.

(a)

All carbon dioxide, and other substances injected incidental to the injection of carbon dioxide, injected into any geologic sequestration site for the purpose of geologic sequestration shall be presumed to be owned by the injector of such material and all rights, benefits, burdens and liabilities of such ownership shall belong to the injector. This presumption may be rebutted by a person claiming contrary ownership by a preponderance of the evidence in an action to establish ownership.

(b)

No owner of pore space, other person holding any right to control pore space or other surface or subsurface interest holder
,
shall be liable for the effects of injecting carbon dioxide for geologic sequestration purposes, or for
the effects of
injecting other substance
s
for the purpose of geologic sequestration which substances are injected incidental to the injection of carbon dioxide, solely by virtue of their interest or by their having given consent to the injection.

Section 2.

This act is effective July 1, 2009.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1