HB 170 Ohio House · 136th Legislature (2025-2026)

Establish process to regulate carbon capture, storage technology

Summary

To enact sections 1509.71, 1509.72, 1509.73, 1509.75, 1509.76, 1509.77, 1509.79, 5301.57, 5301.58, 5301.59, and 5301.60 of the Revised Code to establish a process to regulate carbon capture and storage technologies and the geologic sequestration of carbon dioxide for long-term storage.

Bill status signed all 5 stages cleared

Introduction

Mar 2025

Committee Review

Oct 2025

House Passage

Oct 2025

Senate Passage

May 2026

Signed into Law

Jun 2026

Introduced Mar 12, 2025 Signed Jun 24, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

As Passed by the Senate → As Enrolled · 6 edits · Jun 24, 2026

MODERATE

This bill establishes a comprehensive regulatory framework for carbon capture and storage (CCS) in Ohio, creating new definitions for CCS activities and granting the Division of Oil and Gas Resources Management exclusive authority to regulate them. It introduces a new permitting process for carbon sequestration projects, including a mechanism to bypass individual landowner consent if 70% of pore space owners agree. The bill also creates two new funds: one to support host communities near storage facilities and another to cover post-closure site care and remediation.

Scope change

The bill expands the scope of the Division of Oil and Gas Resources Management to include the exclusive regulation of carbon dioxide injection and storage, previously not covered under existing oil and gas laws. It also clarifies property rights by establishing that pore space ownership generally follows surface ownership unless explicitly severed, while exempting oil and gas interests from liability for CCS activities.

DEFINITION

Added extensive new definitions for terms like 'carbon dioxide well,' 'carbon sequestration project,' 'storage operator,' and 'pore space' to create a legal framework for CCS activities.

REQUIREMENT

Established a new permitting process requiring a UIC Class VI permit for carbon sequestration projects, with specific rules for seismic monitoring, insurance, and financial assurance.

FISCAL

Created two new funds: a 'carbon capture administrative fund' for regulatory costs and a 'carbon storage host community fund' to provide infrastructure and public safety support to counties hosting storage facilities.

ELIGIBILITY

Introduced a 'statutory consolidation' process allowing a project to proceed if the applicant obtains consent from at least 70% of pore space owners after attempting to negotiate with all owners.

ENFORCEMENT

Set civil penalties for violations of new CCS regulations and established an appeals process to the Oil and Gas Commission for disputes over permits or orders.

TECHNICAL

Defined liability limits, stating that pore space owners are not liable for CCS activities and that claims for damages are limited to direct physical injury beyond the storage facility boundaries.

As Passed by the House → As Passed by the Senate · 7 edits · May 20, 2026

MODERATE

The Senate version significantly expanded the bill's scope by adding new definitions for carbon capture terms and creating a comprehensive regulatory framework for carbon sequestration. It introduced a new section establishing the Division of Oil and Gas Resources Management as the sole authority to regulate carbon storage, added specific requirements for permits, insurance, and financial bonds, and created new funds to support project administration and host communities. The bill also added detailed rules for handling disputes over land rights and liability for stored carbon dioxide.

Scope change

The bill's scope expanded from amending existing oil and gas penalty sections to establishing a complete, standalone regulatory regime for carbon capture and storage, including new definitions, permitting processes, liability rules, and funding mechanisms.

DEFINITION

Added extensive new definitions for terms like 'carbon dioxide well,' 'pore space,' 'storage operator,' 'carbon sequestration project,' and various well types to clarify the regulatory framework.

Modified the list of sections to be amended to include 1509.01 and added 1509.78 to the list of enacted sections.

REQUIREMENT

Established new requirements for storage operators, including mandatory seismic monitoring, specific insurance coverage limits, financial instruments (bonds or letters of credit), and detailed operational plans.

FISCAL

Created two new state funds: the 'carbon dioxide storage facility fund' for post-closure care and the 'carbon capture administrative fund' for program administration, plus a new 'carbon storage host community fund' to pay local counties.

ENFORCEMENT

Added new sections detailing the permitting process, including statutory consolidation for land consolidation, specific hearing procedures, and appeal rights to the Oil and Gas Commission.

LIABILITY

Introduced new rules limiting liability for storage operators and defining when the state assumes responsibility for stored carbon dioxide after project completion.

SCOPE

Explicitly granted the Division of Oil and Gas Resources Management sole and exclusive authority to regulate carbon sequestration within the state.

As Introduced → As Passed by the House · 8 edits · Oct 8, 2025

MODERATE

The bill was amended to expand its regulatory scope by adding new sections to the Revised Code and modifying existing penalty structures. The changes allow for cooperative agreements with other states, introduce a program to incentivize carbon dioxide innovation, and significantly alter civil and criminal penalties for violations. Additionally, the bill now explicitly addresses ownership of pore space and liability for carbon dioxide injection.

Scope change

The bill's scope expanded from regulating only carbon capture and storage to include a program for incentivizing innovation and allowing cooperative agreements with other states. The applicability of pore space ownership rules was also clarified to include severed mineral and oil and gas estates.

REQUIREMENT

Added authority for the division to enter into cooperative agreements with other states regarding carbon sequestration projects.

Created a new program to incentivize innovation for the use and reutilization of captured carbon dioxide.

Established that claims for damages due to carbon dioxide injection are limited to cases involving direct physical injury or injurious obstruction, and punitive damages are barred if the operator complies with permits.

ENFORCEMENT

Expanded civil penalties to include specific violations of sections 1509.22, 1509.222, and 1509.223, with fines ranging from $2,500 to $20,000 depending on the violation.

Added criminal penalties, including fines up to $20,000 and imprisonment up to two years, for knowingly violating specific sections of the code.

Removed the previous general civil penalty structure found in the original text and replaced it with a detailed, tiered system of civil and criminal penalties.

DEFINITION

Clarified that 'carbon dioxide plume' refers to the extent of an injected stream in three dimensions and updated the definition of 'carbon dioxide well' to align with existing well definitions.

SCOPE

Added new sections defining 'subsurface property interest owner' and establishing that ownership of pore space is vested in the owner of the surface above, unless expressly reserved.

Floor votes · Senate May 20, 2026 · House Oct 8, 2025

How they voted

30–0

Passed

Total votes 30

May 20, 2026

D Democratic8

8 Yea

100% Yea

R Republican22

22 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 12, 2026

Legislature · Passed

Sent To The Governor

legislature

Jun 3, 2026

Lower · Passed

Concurred in Senate amendments

lower

May 20, 2026

Upper · Passed

Passed

upper

Oct 15, 2025

Committee

Referred to committee

upper

Oct 14, 2025

Introduced

upper

Oct 8, 2025

Lower · Passed

Passed

lower

Mar 19, 2025

Committee

Referred to committee

lower

Mar 12, 2025

Introduced

lower

2 primary · 0 co-sponsors