(a) After notice, public hearing, and consideration of public comment, and in compliance with AS 41.06, the commission may issue or deny a storage facility permit. A decision on a storage facility permit requires approval of at least two commissioners. If the commission denies a storage facility permit, it will issue a written determination of the reasons for the denial under 20 AAC 25.1150 and provide notice of denial to the storage operator and the commissioner of the department of natural resources. A denial is a final agency decision.
(b) If the commission issues a storage facility permit, and in addition to the requirements of AS 41.06.145, a final storage facility permit must
(1) contain a description of the commission's findings under AS 41.06.130(b); this description may include references to federal or state regulation that require the conditions on which the commission's findings are based;
(2) as applicable, contain a description of parameters required by AS 41.06.135;
(4) identify and require as a condition of a permit timely payment of all fees associated with permit issuance and storage facility operations, including the injection surcharge required by AS 41.06.175;
(5) for a storage facility permit located on all or part on land where a carbon lease is required, require a storage facility permit holder to maintain its status as the holder of a carbon lease issued under AS 38.05.715;
(6) for a storage facility permit located on land where a carbon lease under AS 38.05.715 is not required, evidence of the lease or other agreement between the applicant for the storage facility permit and the surface and subsurface landowner;
(7) require a storage facility permit holder to maintain required payments, including payment of the carbon storage facility injection surcharge under AS 41.06.175;
(8) any other conditions the commission may require to protect underground sources of drinking water or public health and safety.