CO2 Storage Legal and Regulatory Development (2009) provides a snapshot of state legislative actions regarding CO2 storage. The IOGCC Carbon Capture and Storage Case Study (2009) is an in-depth discussion of IOGCC member states' legislative and regulatory responses to CO2 Storage.

CO2 Storage: Legal and Regulatory Development (2009)

In partnership with the New Mexico Institute of Mining and Technology and the DOE, the IOGCC Geological CO2 Sequestration Task Force published a set of model rules and regulations in late 2007. Eighteen states and four Canadian provinces reviewed the guidance document and seven have moved into legislative discussions. A few states have promulgated some new rules and regulations based on the Task Force model.

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Carbon Capture and Storage Case Study (2009)

Carbon capture and geologic storage is a relatively recent topic for state and federal lawmakers and one where pioneers are forging new ground. States have a variety of factors, from geological to political, that will influence how they regulate CCGS within their own borders. Fortunately, for oil and gas producing states the expertise to protect health, safety, and the environment resides within existing state agencies and existing legal frameworks can be modified to addresses issues such as property ownership and liability. Because of foundational work accomplished by the IOGCC CCGS Task Force, states have available to them comprehensive guidelines to support their efforts to develop state-appropriate regulations. Additionally, the Task Force is continuing its efforts by bringing to light the experiences and best practices of those who are moving forward in this arena. 

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State Legislation

States often model their legislation on the language of an IOGCC resolution or an IOGCC work group’s model rules, regulations and guidance materials. Black’s Law Dictionary defines “legislation” as: The process of making or enacting a positive law in written form, according to some type of formal procedure, by a branch of government constituted to perform this process; the law so enacted; the whole body of formal laws. Legislation can have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict. The most common forms of legislation IOGCC concerns itself with are bills, resolutions, and statutes.In many cases, an individual state will issue statutes, bills, and resolutions about an issue or topic that the IOGCC has formed issued a resolution about. These are the mechanisms by which legislators formally consider matters introduced by its members or submitted by the governor of an individual state.