HB 1249

Bill Subjects

Abstract

Changes the description of the carbon sequestration pilot project that is authorized under current law. Eliminates the requirement that the operator of the carbon sequestration pilot project be designated by the director of the department of natural resources. Defines "carbon sequestration claim" as a civil action alleging actual or potential infringement of, interference with, or damage to real or personal property rights or interests arising from: (1) the operation of the carbon sequestration pilot project; or (2) the actual or potential presence or migration in the subsurface of injectate from the carbon sequestration pilot project. Provides that a person may not maintain a carbon sequestration claim unless the person pleads and proves: (1) actual interference with the reasonable use of the person's property; or (2) direct and tangible physical damage to the person's property. Provides that a person asserting a carbon sequestration claim may not recover damages for the diminution of the value of the person's real property due solely to any perceived risk associated with the operation of the carbon sequestration pilot project.