The bill H. B. No. 2025-2026 establishes a regulatory framework for carbon capture and storage technologies in Ohio by introducing new sections to the Revised Code, specifically sections 1509.71 to 1509.79 and 5301.57 to 5301.60. It defines key terms related to carbon dioxide and carbon sequestration, while granting the division of oil and gas resources management exclusive authority to regulate these activities. The bill outlines the requirements for obtaining a UIC Class VI permit for carbon dioxide injection, including the necessity for storage operators to secure consent from at least seventy percent of pore space owners before applying for a consolidation application. It also mandates monitoring of seismic activity and addresses potential objections from subsurface property owners regarding the impact of carbon sequestration on valuable minerals.
Additionally, the bill introduces provisions for public notice and hearings regarding storage facility applications, establishes a fee structure for carbon dioxide injection, and creates a fund for post-closure care expenses. It clarifies ownership and management of pore space, asserting that ownership is vested in the surface owner unless otherwise stated, and presumes that ownership of injected carbon dioxide belongs to the storage operator. The bill also outlines conditions for claims against storage operators for damages related to carbon dioxide injection, requiring claimants to prove harm and limiting punitive damages if operators comply with regulations. Overall, the legislation aims to facilitate carbon sequestration projects while ensuring environmental safety and clarifying property rights for stakeholders.