CDR Law

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N.D. Cent. Code § 38-22-01 et seq.

2009
Enacted Legislation
State of North Dakota
The “Carbon Dioxide and Underground Storage” law's policy declaration says that it is in the interest of North Dakota to promote geologic storage of carbon dioxide, while the law also provides for permitting procedures, fees, and penalties.

N.D. Cent. Code § 57-60-02.1

2009
Enacted Legislation
State of North Dakota
The “Coal Conversion Facilities Tax” provides a 20%-50% tax credit to coal facilities that capture and store 20%-80% of their CO2 emissions.

Okla. Stat. tit. 27A, § 3-5-101 et seq.

2009
Enacted Legislation
State of Oklahoma
The “Oklahoma Carbon Capture and Geologic Sequestration Act” gives jurisdiction to the Corporation Commission to oversee CO2 injections in oil or gas reservoirs and to the Department of Environmental Quality for any other geologic formations.

Okla. Admin. Code § 155:30-1-1 et seq.

2009
Regulation
State of Oklahoma
Contains general provisions for voluntary carbon offset program, which may be implemented through geologic CO2 sequestration, as well as other methods.

Okla. Admin. Code § 155:30-13-1 et seq.

2009
Regulation
State of Oklahoma
Contains regulations specific to geologic carbon sequestration for the carbon offset program, including fees, application requirements, monitoring provisions, and eligibility limitations.

Tex. Nat. Res. Code Ann. § 120.001 et seq.

2009
Enacted Legislation
State of Texas
Creates a program to certify coal and natural gas-fired plants that capture and sequester 70% CO2 emissions for a “clean energy project” tax credit under Texas Tax Code § 171.602.

Tex. Nat. Res. Code Ann. § 121.001 et seq.

2009
Enacted Legislation
State of Texas
Provides rules for ownership of CO2 stored in geologic formations and creates a trust fund funded through fees paid by CO2 storage facility operators, used for monitoring, remediation, enforcement and other activities related to geologic CO2 storage.

Tex. Tax Code Ann. § 171.602

2009
Enacted Legislation
State of Texas
Provides a tax credit to clean energy projects that sequester at least 70% of CO2 emissions.

Tex. Tax Code Ann. § 202.0545

2009
Enacted Legislation
State of Texas
Provides a reduced tax rate for EOR projects that use and geologically sequester anthropogenic carbon dioxide.

Tex. Tax Code Ann. § 151.334

2009
Enacted Legislation
State of Texas
Exempts CCS equipment used in a clean energy project from sales and use taxes, if the captured CO2 is either used in a local EOR project or sequestered in Texas for at least 1,000 years