S0831B1774A05223 AJB:AAS 06/26/24 #90 A05223
AMENDMENTS TO SENATE BILL NO. 831
Sponsor: REPRESENTATIVE MATZIE
Printer's No. 1774
Amend Bill, page 2, lines 25 through 29, by striking out all
of said lines
Amend Bill, page 9, lines 16 through 19, by striking out all
of said lines and inserting
(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. ยง 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
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thereof to preserve, acquire or hold land for open space
uses."
Amend Bill, page 14, line 9, by inserting after "OPERATOR."
If a subsurface property interest owner is a producer of
a commercially valuable mineral, including coal or oil and
gas, the storage operator shall notify the subsurface
property interest owner in writing and submit a copy of the
notice to the department. If, upon receipt of the notice, the
subsurface property interest owner expresses an objection to
the department to the design of the carbon sequestration
project based on the potential adverse effect to a
commercially valuable mineral, including the coal or oil and
gas estate, the storage operator shall address the objection
to the satisfaction of the department.
Amend Bill, page 15, lines 3 through 13, by striking out all
of said lines and inserting
(a) Actionable claims.--A claim for damages due to injection
or migration of carbon dioxide shall not be actionable against a
storage operator conducting carbon sequestration in accordance
with a valid UIC Class VI permit unless the claimant proves that
the injection or migration of carbon dioxide was performed
without reasonable care and has caused injury to an individual,
animal or real or personal property.
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