Abstract: Requires compliance with local land use planning and zoning laws in addition to a Class VI permit and despite the commissioner of conservation's broad authority over carbon capture activity in the state.
Present law authorizes the commissioner of conservation to perform any act necessary to carry out the requirements of the federal Safe Drinking Water Act related to the state's participation in the underground injection control program and the sequestration of carbon dioxide, including the authority to promulgate administrative rules and issue permits and orders.
Proposed law clarifies that the authority of the commissioner under present law does not preempt local enforcement of applicable land use planning and zoning ordinances.
Present law further clarifies that the issuance of an order or permit under the carbon dioxide sequestration laws does not preempt local enforcement of applicable land use planning and zoning ordinances.