Bill > HB428

This bill prohibits the injection or storage of carbon dioxide in underground wells, including Class VI wells regulated by the U.S. Environmental Protection Agency, unless the local county and, if applicable, municipal governing bodies approve the well. To gain approval, applicants must pay a $50,000 fee and submit detailed information about their experience, financial resources, legal history, and how the proposed well relates to local development, transportation, existing industries that produce carbon dioxide, public services, health, safety, the environment, and the community's social and economic well-being. The process includes formal application receipt, a public comment period, notification to adjacent property owners and the general public through various media, and a public awareness session conducted by the applicant. A public hearing will also be held, and the local governing body has 30 days after the last hearing to make a decision based on the submitted criteria and public input. If disapproved, a new application within 18 months incurs a higher fee of $75,000. After local approval, the applicant must petition the circuit court for a determination that the local governing body followed the required procedures and considered the specified criteria, with the applicant covering court costs. If the court confirms compliance, the applicant can seek other regulatory approvals; otherwise, the matter is sent back to the local governing body. Approved wells will be taxed at 10% of the gross value of stored carbon dioxide, with 50% of the collected taxes going to the state's General Fund and the remaining 50% distributed to the county, with half of that amount going to any municipality where the well is located.

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