{"data":{"id":"us-ky/krs-353.435","jurisdiction":"us-ky","citation":"KRS 353.435","heading":"Compilation certificate -- Procedures -- Public notice and hearing --","body":"Defense, indemnification, and hold harmless of pore space or surface owner by\nCommonwealth -- Release of liability -- Filing of completion certificate and\nsurvey with county clerk.\n(1) The cabinet may issue a completion certificate upon application by the\nsequestration operator demonstrating compliance with KRS 353.411 to 353.459 at\none (1) of the following times:\n(a) Fifty (50) years after carbon dioxide injections into a reservoir end; or\n(b) At any other time frame established on a site -specific basis by administrative\nregulations promulgated pursuant to KRS Chapter 13A regarding the time\nframe for a sequestration operator's post -injection site care and site closure\nplan.\n(2) The completion certificate shall only be issued:\n(a) After public notice and hearing; and\n(b) If the sequestration operator demonstrates that:\n1. The operator is in full compliance with all laws and other requirements\ngoverning the sequestration facili ty, including without limitation, the\nrequirements of any Class VI underground injection control permit\nassociated with the facility and other applicable requirements;\n2. All pending claims regarding the sequestration facility's operation have\nbeen addressed and resolved; and\n3. The carbon dioxide injected into the sequestration reservoir has\nstabilized, and the reservoir is reasonably expected to retain the stored\ncarbon dioxide.\n(3) As of the effective date of a completion certificate:\n(a) Ownership of the stored carbon dioxide shall transfer by operation of law,\nwithout payment of any compensation, to the Commonwealth;\n(b) If any claim for damages or injury is made against the pore space or surface\nowner arising from stored carbon dioxide, the Commonwealth shall defend\nthe pore space or surface owner against that claim and indemnify and hold the\npore space or surface owner harmless from any damages awarded, except that\na pore space owner or surface owner may be liable for causing or contributing\nto migration or release of stored carbon dioxide from the reservoir. The\nCommonwealth's liability for such claims and its obligation to indemnify a\npore space owner or surface owner for any claim shall not obligate payment\nof any damages in excess of the balance of the carbon dioxide seque stration\nfacility trust fund established in KRS 353.441;\n(c) The sequestration operator and all persons who transported or generated any\nstored carbon dioxide shall be released from all regulatory liability and\nregulatory requirements associated with the s equestration facility, provided\nthat the sequestration operator shall not be released from regulatory liability\nfor fraud or misrepresentation, nor from any liability existing at common law;\nand\n(d) The Commonwealth's responsibility for monitoring and mana ging the\nsequestration facility following issuance of the completion certificate and\nassumption of ownership of the sequestered carbon dioxide shall be funded\nfrom the carbon dioxide sequestration facility trust fund established in KRS\n353.441 until and un less the federal government assumes responsibility for\nthe long-term monitoring and management of sequestration facilities.\n(4) The cabinet shall require that a copy of the completion certificate and a survey of\nthe sequestration field be filed with the county clerk in the county or counties where\nthe carbon dioxide sequestration facility is located.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57870","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:39Z","sha256":"1ede9daaa4a7c7779e5d8c8f7050b1dc7e4e855c54b8f5d76c23e349d746f489","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.433","next":"us-ky/krs-353.437"},"notice":"GroundRules: Original legal text. Not legal advice."}