1. (1) Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to:

   1. (a) the granting of primacy over Class VI geologic sequestration wells; and
   2. (b) relevant federal law.

2. (2) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that:

   1. (a) regulates only surface activity that is incidental to geologic carbon storage activity;
   2. (b) does not effectively or unduly limit, ban, or prohibit geologic carbon storage activity; and
   3. (c) is not otherwise preempted by state or federal law.

Enacted by Chapter 62, 2022 General Session