Bill No.: HB0058                  Drafter:  IDS

LSO No.:  09LSO-0154              Effective Date:  7/1/2009

Enrolled Act No.:  HEA0020

Chapter No.:       50

Prime Sponsor:     Joint Judiciary Interim Committee

Catch Title:       Responsibilities of injectors and pore space owners.

Subject:  Carbon sequestration.

Summary/Major Elements:

· This bill establishes that the party who injects carbon dioxide into a sequestration site is presumed to be the owner of the carbon dioxide and liable for the consequences of injection.  This presumption of ownership can be overcome by a preponderance of evidence in an action to establish ownership.

· The bill further establishes that no person is liable for the consequences of injecting carbon dioxide simply because they own the pore space, have the ability to control the pore space or have given consent to the injection.