North Dakota Century Code Chapter 38-22 (CCS Act)

NDCC Chapter 38-22 is the pioneering state-level legislation that established North Dakota as the first jurisdiction in the US to receive EPA Class VI Primacy. The law formally defines CO2 as a valuable commodity and codifies the ownership and unitization of sub-surface pore space. Updated in 2024 to refine project completion protocols and the transfer of long-term liability, the Code serves as the ‘North Dakota Model’ for CCS governance. By designating carbon sequestration as a ‘public use,’ it provides the legal certainty required for massive investments in carbon capture retrofits for the state’s lignite coal power and ethanol assets.