Storage facility fees

1. The storage operator shall pay the commission as follows: a. Carbon dioxide sources that contribute to the energy and agriculture production economy of North Dakota: (1) A fee of one cent on each ton of carbon dioxide injected for storage. The fee must be deposited in the carbon dioxide storage facility administrative fund. (2) The storage operator shall pay the commission a fee of seven cents on each ton of carbon dioxide injected for storage. The fee must be deposited in the carbon dioxide storage facility trust fund. b. Carbon dioxide sources that do not fall under the definition of subdivision a of subsection 1: (1) The storage operator shall pay a per ton of carbon dioxide injected commission fee determined by hearing. The fee must be deposited in the carbon dioxide storage facility administrative fund and consider the commission's expenses during regulation of the storage facility's construction, operational, and preclosure phases. (2) The storage operator shall pay a per ton of carbon dioxide injected commission fee determined by hearing. The fee must be deposited in the carbon dioxide storage facility trust fund and must consider: (a) The cost of postclosure emergency and remedial response associated with the storage facility. (b) The cost of long-term monitoring postclosure associated with the storage facility. 2. Moneys from the carbon dioxide storage facility trust fund, including accumulated interest, may be relied upon to satisfy the financial assurance requirements pursuant to section 43-05-01-09.1 for the postclosure period. If sufficient moneys are not available in the carbon dioxide storage facility trust fund at the end of the closure period, the storage operator shall make additional payments into the trust fund to ensure that sufficient funds are available to carry out the required activities on the date at which they may occur. The commission shall take into account project-specific risk assessments, projected timing of activities (e.g., postinjection site care), and interest accumulation in determining whether sufficient funds are available to carry out the required activities.