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Committee backs bill to give Kentucky primacy over Class VI carbon sequestration wells

House Committee (Kentucky House of Representatives) · March 5, 2026
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Summary

House Bill 677, aimed at establishing a Kentucky regulatory framework to obtain EPA Class VI primacy for CO2 geological sequestration, passed the committee after an amendment clarifying liability and monitoring timelines. Sponsors framed the bill as an economic development measure alongside landowner protections.

Chair Jim Gu introduced House Bill 677 and allowed presenters to explain the measure. Sponsor remarks described HB 677 as necessary for Kentucky to obtain primacy from EPA over Class VI injection wells for geological carbon sequestration. Tom Fitzgerald and Bill Bar testified as representatives of environmental and industry groups; sponsors said the bill aligns state rules with federal Class VI regulations and is intended mainly to enable economic investment in sequestration infrastructure.

Sponsor language emphasized that the bill is "not an environmental bill" but "an economic incentive and development bill," intended to allow Kentucky to compete with neighboring states for carbon capture investment, attract CO2 transport and sequestration infrastructure, and protect landowners' correlative rights. The committee adopted an amendment by voice vote clarifying liability and monitoring: sponsors said regulatory liability would cease 50 years after injection if monitoring shows CO2 is stable and not migrating, shifting responsibility to a state-funded mechanism if funded by operators.

Representative Watkins and others asked for clarification about the amendment's 50‑year provision; a member noted "it's my understanding that that 50 years is in federal law." No further amendments were requested and the committee recorded a favorable recommendation for the bill to proceed to the floor.