Section 34-64-108 - Regulation of intrastate underground natural gas storage facilities - fees - rules(1)(a) Notwithstanding section 40-2-115, the commission has the exclusive authority to regulate all intrastate underground natural gas storage facilities in the state. The commission may adopt rules for the permitting and regulation of intrastate underground natural gas storage facilities.(b) The commission may submit a certification to, or enter into an agreement with, the United States secretary of transportation under 49 U.S.C. secs. 60105 and 60106, as amended, to authorize the commission to enforce the rules of the United States department of transportation concerning intrastate underground natural gas storage facilities promulgated under 49 U.S.C. sec. 60101 et seq., as amended.(c) If the commission submits a certification to the United States secretary of transportation or enters into an agreement with the United States secretary of transportation pursuant to subsection (1)(b) of this section, any rules adopted by the commission pursuant to subsection (1)(a) of this section must be at least as stringent as the applicable federal requirements.(2) In exercising its regulatory authority pursuant to subsection (1) of this section, the commission: (a) Shall regulate intrastate underground natural gas storage facilities in a manner that protects public health, safety, and welfare, including the protection of the environment and wildlife resources;(b) May assess and collect regulatory and permitting fees from the operators of intrastate underground natural gas storage facilities in an amount and frequency determined by the commission by rule;(c) Shall, if an underground natural gas storage facility is proposed to be sited in an area that would affect a disproportionately impacted community, evaluate and address any underground natural gas storage facility impacts from the proposal to ensure that the terms and conditions of any permit issued under this section are sufficient to ensure that any underground natural gas storage facility impacts are avoided, minimized to the extent practicable, or, to the extent that any underground natural gas storage facility impacts remain, the remaining underground natural gas storage facility impacts are mitigated; and(d) Shall, if any underground natural gas storage facility impacts are evaluated and addressed pursuant to subsection (2)(c) of this section, provide a plain language summary of how the underground natural gas storage facility impacts are avoided, minimized if not avoided, or mitigated if not minimized, and any underground natural gas storage facility impacts that cannot be avoided, minimized, or mitigated.(3) An operator of an intrastate underground natural gas storage facility shall not construct a new facility unless the operator provides evidence to the commission that: (a) The operator has filed an application with the local government with jurisdiction to approve the siting of the proposed intrastate underground natural gas storage facility, including the local government's disposition of the application; or(b) The local government with jurisdiction to approve the siting of the proposed intrastate underground natural gas storage facility does not regulate the siting of such facilities.(4) The commission shall transfer all fees collected under this section to the state treasurer, who shall credit the fees to the energy and carbon management cash fund created in section 34-60-122 (5).(5) Notwithstanding any provision of this section to the contrary, nothing in this section establishes, alters, impairs, or negates the ability of a local government to regulate land use related to intrastate underground natural gas storage facilities.Added by 2023 Ch. 235,§ 13, eff. 7/1/2023.