SB 297 amends Kentucky law governing subsurface carbon dioxide storage and carbon capture and sequestration. It directs the secretary of the cabinet to take affirmative steps to begin discussions with neighboring states to develop a coordinated approach to the migration of stored carbon dioxide underground across state lines. The bill authorizes the cabinet to enter into reciprocal agreements with bordering states to address accidental or unforeseen migration, compensation and monitoring, or to create cross-border storage reservoirs where geologically and mutually advantageous.
The bill also requires the cabinet to report annually to the Governor and the Legislative Research Commission on the progress of those discussions, including written reports and testimony before the Interim Joint Committee on Natural Resources and Energy unless the committee chairs direct otherwise. The reporting requirement continues until the cabinet determines that the necessary agreements have been reached and reports that conclusion.
Impact
The bill would amend KRS 353.812 to expand Kentucky’s framework for managing carbon dioxide storage by encouraging interstate coordination and authorizing reciprocal agreements with adjacent states. It would affect the Cabinet for Energy and Environment, the Governor, the Legislative Research Commission, and the Interim Joint Committee on Natural Resources and Energy, while also shaping how potential cross-border carbon dioxide migration is treated under state law, including possible exceptions to trespass treatment and mechanisms for compensation and monitoring.
Sentiment
The available context suggests the bill is procedural and policy-oriented rather than controversial, with no recorded votes or committee testimony indicating opposition or support. Its focus on interstate coordination, reporting, and technical management of carbon storage suggests a generally pragmatic approach to an emerging energy and environmental issue.
Contention
The main points of potential contention are the legal treatment of accidental carbon dioxide migration across state lines and the possibility of reciprocal agreements that could waive or modify trespass claims. Stakeholders concerned about property rights, liability, environmental risk, or cross-border regulatory authority may scrutinize those provisions, while supporters are likely to emphasize geological practicality, coordinated oversight, and the need for a clear framework for carbon storage projects.
A JOINT RESOLUTION directing the Department of Fish and Wildlife Resources to evaluate and report on the repair or replacement of the Great Crossing Dam and declaring an emergency.