Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 41.06.130 - Permit requirements(a) The commission shall consult with the Department of Environmental Conservation and the Department of Natural Resources before issuing a permit under AS 41.06.120.(b) Before the commission may approve a permit application submitted under AS 41.06.120, the commission must find(1) that the storage operator has complied with all requirements set by the commission;(2) that the proposed storage facility is suitable and feasible for carbon storage;(3) that the carbon dioxide to be stored is of a quality that allows it to be safely and efficiently stored in the storage reservoir;(4) that the storage operator has made a good faith effort to get the consent of all persons with an ownership interest in the proposed storage reservoir and surface owners of land overlying the proposed storage reservoir;(5) if the proposed storage facility contains commercially valuable minerals, that the interests of the mineral owners or mineral lessees will not be adversely affected or have been addressed in an arrangement entered into by the mineral owners or mineral lessees and the storage operator;(6) that the proposed storage facility will not adversely affect surface water or formations containing fresh water;(7) that carbon dioxide is not reasonably anticipated to escape from the storage reservoir;(8) that substances that compromise the objectives of AS 41.06.105 -41.06.210 or the integrity of a storage reservoir will not enter a storage reservoir;(9) that the proposed storage facility will not endanger human health or unduly endanger the environment;(10) that the proposed storage facility is in the public interest;(11) that the horizontal and vertical boundaries of the proposed storage reservoir are defined and the boundaries include buffer areas to ensure that the storage facility is operated safely and as contemplated;(12) that the storage operator will establish monitoring facilities and protocols to assess the location and migration of carbon dioxide injected for carbon storage and to ensure compliance with all permit, statutory, and administrative requirements;(13) that all nonconsenting landowners or holders of mineral rights are, or will be, equitably compensated; and(14) that the storage operator is not in violation of a provision of AS 41.06.105 - 41.06.210 or regulations adopted by the commission.Added by SLA 2024, ch. 23,sec. 39, eff. 10/29/2024.