Pursuant to Section 9-17-162 of the Code of Alabama (1975), as amended:
- 1. A storage operator shall make a good faith effort to obtain the consent of all persons that own a storage facility’s pore space and storage rights for carbon dioxide.
2. A storage operator shall obtain the consent of persons that own not less than sixty-six and two-thirds (66 2/3) percent of a storage facility’s pore space and storage rights for carbon dioxide.
3. Upon a storage operator obtaining the consent of persons that own not less than sixty-six and two-thirds (66 2/3) percent of a storage facility’s pore space and storage rights for carbon dioxide, the Board, after providing notice and a public hearing, may enter an order to amalgamate and pool the pore space and storage rights for carbon dioxide owned by non-consenting owners into the storage facility on terms that are just and reasonable as determined by the Board.
4. All non-consenting owners of a storage facility’s pore space and storage rights for carbon dioxide shall be fairly and equitably compensated.
Author: S. Marvin Rogers
Statutory Authority: 9-17-150 et seq. of the Code of Alabama (1975)
History: New Rule: Published November 27, 2024; effective January 11, 2025.