Test Drive Our New Site! We have some improvements in the works that we're excited for you to experience. Click here to try our new, faster, mobile friendly beta site. We will be maintaining our current version of the site thru the end of 2024, so you can switch back as our improvements continue.
Legislation Quick Search
Advanced Search
Pennsylvania House of Representatives
05/19/2024 10:01 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=42358
Share:
Home / House Co-Sponsorship Memoranda

House Co-Sponsorship Memoranda

Subscribe to PaLegis Notifications
NEW!

Subscribe to receive notifications of new Co-Sponsorship Memos circulated

By Member | By Date | Keyword Search


House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: March 25, 2024 09:08 AM
From: Representative Emily Kinkead
To: All House members
Subject: Clarifying the Legal and Regulatory Framework for Carbon Capture and Storage
 
In the coming decades, the Commonwealth anticipates significant development of carbon capture and storage (CCS) infrastructure, including the long-term geologic storage of carbon dioxide. Geologic storage of carbon dioxide refers to the practice of storing carbon dioxide — captured and transported from points of emission, such as power plants and other industrial facilities — in the “pore space” found in deep geologic formations for hundreds of years, with the intent of reducing greenhouse gas emissions and meeting greenhouse gas reduction goals. 
This CCS infrastructure is essential to the operation of two decarbonization projects approved by the Department of Energy, the Appalachian Regional Clean Hydrogen Hub, which relies on CCS to produce low-carbon hydrogen, and the Tri-State CCS Hub, which seeks to reduce greenhouse gas emissions from industrial emitters in Western Pennsylvania.
However, legislation is needed to clarify the basic legal and regulatory framework for this technology and to ensure that these projects are operated in a manner that protects Pennsylvania landowners, residents, and the environment. The Department of Environmental Protection is currently reviewing the requirements for obtaining primary management over geologic storage projects from the Environmental Protection Agency, and these standards can help Pennsylvania lead the country in operating a strong management program with sufficient environmental, landowner, and taxpayer protections.
At a minimum, this framework must:
  • establish a regime for the use and conveyance of underground “pore space” used to store carbon dioxide;
  • clarify how subsurface pore space ownership interacts with surface and mineral rights;
  • ensures state regulators are able to enact regulations and permitting requirements needed to protect landowners and the environment, including the setting of bonding fees and the administration of a storage fund;
  • maintain project liability with developers of geologic storage projects in order to encourage responsible construction and operation and ensure that long-term private costs are not passed on to taxpayers;
  • protect landowners by not allowing “unitization”, or the appropriation of their land for geologic storage projects;
  • allow for additional public participation and oversight when conveying pore space rights under publicly owned lands; and
  • provide heightened protections for environmental justice communities and areas with cumulative impacts.
 
Accordingly, I will soon be introducing legislation to develop a regulatory framework in this manner in order to ensure that landowners, communities, and the environment are protected as any CCS development advances in the Commonwealth. Please join me in co-sponsoring this legislation.