Section 696.5 - Cotenants, ownership of pore space by multiple cotenants and collective storage(a) General rule.--If a storage operator does not obtain the consent of all persons that own the storage facility's pore space to the construction and operation of a storage facility, the Environmental Hearing Board may require that the pore space owned by nonconsenting owners be included in a storage facility and subject to geologic storage. The following shall apply: (1) The permit applicant and prospective storage operator shall negotiate with the pore space owners and acquire rights needed to access the pore space.(2) If, after good-faith negotiation, the applicant or storage operator cannot locate or cannot reach an agreement with all necessary pore space owners but has secured written consent or agreement from the owners of at least 75% of the ownership interest in the pore space for the storage facility, all of the pore space of said interests for which an agreement has not been reached shall be declared to be included within the proposed storage facility if the Environmental Hearing Board finds that the requirements of this section have been met. For the purposes of this subsection, an unknown or nonlocatable owner shall be deemed to have consented or agreed to the use of the pore space, provided that the storage operator has complied with the publication requirements of this act.(b)Collective storage.--(1) The storage operator shall provide a list to the Environmental Hearing Board of all persons reasonably known to own an interest in pore space proposed to be collectively used in an application to the Environmental Hearing Board for a collective storage order. A collective storage order shall be made only after the Environmental Hearing Board provides notice to all pore space owners proposed to be included within the order.(2) The Environmental Hearing Board shall set and collect a fee adequate to pay expenses associated with the conduct of administrative hearings for the collective storage of pore space.(3) If the proposed collective storage order concerns pore space with an unknown or nonlocatable owner, the storage operator shall publish one notice in the newspaper of the largest circulation in each county in which the pore space is located. The notice shall appear no more than 30 days prior to the initial application for the collective storage order. The applicant shall file proof of notice with the Environmental Hearing Board concurrently with the application. The notice shall: (i) State that an application for a collective storage order has been filed with the Environmental Hearing Board.(ii) Describe the pore space proposed to be collectively used.(iii) In the case of an unknown pore space owner, indicate the name of the last known owner.(iv) In the case of a nonlocatable pore space owner, identify the owner and the owner's last known address.(v) State that a person claiming an interest in the pore space proposed to be collectively used should notify the Environmental Hearing Board and the storage operator at the published address within 20 days of the publication date.(4) A collective storage order shall authorize the long-term storage of carbon dioxide beneath the tract or portion. The order shall also specify, where necessary, the location of and how to access carbon dioxide injection wells, outbuildings, roads and monitoring equipment. The collective storage order shall identify the compensation to be paid to unknown, nonlocatable and nonconsenting pore space owners and the basis for fair market valuation of the collective interest of the pore space owners.(5) A certified copy of a collective storage order and a survey of the storage field shall be recorded by the storage operator in the office of the county clerk of the county in which all or a portion of the collective tract is located. The Environmental Hearing Board shall provide a copy of the collective storage order to those required to be notified. For purposes of this section, an unknown or nonlocatable owner shall be deemed to have received notice, provided that the storage operator has complied with the publication requirements under this subsection. (c) No right of surface access or use.--A collective storage order shall not grant the storage operator expressed or implied rights of surface use or access.(d) Collective storage prohibition.--The Environmental Hearing Board may not consider or approve a collective storage order that involves any of the following, unless the owner or manager of a pore space, as applicable, has already voluntarily agreed to lease or convey the pore space: (1) Land that is owned or managed by the Commonwealth, a municipality or an agency, authority or other governmental entity of the Commonwealth or a municipality.(2) Land subject to a conservation easement under the act of June 22, 2001 (P.L.390, No.29), known as the Conservation and Preservation Easements Act.(3) Land owned or managed by a charitable corporation, charitable association or charitable trust registered with the Bureau of Charitable Organizations of the Department of State and exempt from taxation under 26 U.S.C. § 501(C)(3) (relating to exemption from tax on corporations, certain trusts, etc.) or other Federal or State law or regulation which has any of the following purposes: (i) Retaining or protecting the natural, scenic, agricultural or open space values of real property.(ii) Assuring the availability of real property for agricultural, forest, recreational or open space use.(iii) Protecting, conserving or managing the use of natural resources.(iv) Protecting wildlife.(v) Maintaining or enhancing land, air or water quality.(vi) Preserving the historical, architectural, archaeological or cultural aspects of real property.(4) Land acquired under the act of January 19, 1967 (1968 P.L.992, No.442), entitled "an act authorizing the Commonwealth of Pennsylvania and local government units thereof to preserve, acquire or hold land for open space uses."(e) Attorney fees and costs.--The Environmental Hearing Board, upon the request of a nonconsenting pore space owner, may order the payment of reasonable attorney fees and costs incurred by the nonconsenting pore space owner for administrative hearings conducted by the Environmental Hearing Board under this section.Added by P.L. (number not assigned at time of publication) 2024 No. 87,§ 5, eff. 7/17/2024.