California Unveils CCUS Regulatory Draft, Seeks Input by June 5
California’s Air Resources Board released draft regulations for carbon capture, utilization and storage projects.
Why it matters: Legal and compliance teams must track California’s evolving regulatory approach to carbon capture, which impacts permitting and operations for energy and tech projects. These draft rules signal forthcoming requirements for environmental due diligence and compliance frameworks.
- CARB published a 28-page draft outlining CCUS regulations on May 7, 2026.
- Draft fulfills a mandate under California’s Senate Bill 905 (2022) for a state CCUS permitting framework.
- Key proposals include standardized definitions, reporting standards, seismic monitoring, and financial responsibility requirements.
- Public comment on the draft is open through June 5, 2026.
The California Air Resources Board (CARB) is moving to regulate carbon capture, utilization and storage (CCUS) with a new draft set of regulatory concepts, marking a key step in the state’s climate action targets under Senate Bill 905.
- The 28-page draft, released May 7, 2026, aims to develop a comprehensive state permitting framework for CCUS projects.
- It introduces proposed standardized definitions for CCUS and carbon dioxide removal (CDR), and outlines requirements for monitoring, reporting, and financial responsibility.
- The draft largely incorporates federal EPA Safe Drinking Water Act Underground Injection Control Class VI regulations, but adds provisions on seismic monitoring and extended post-injection site care.
- Stakeholders can submit written comments on the draft through June 5, 2026, as part of CARB’s pre-rulemaking process.
CARB stated, "Carbon capture utilization and storage (CCUS) as well as carbon dioxide removal (CDR) are important strategies to reduce greenhouse gas emissions and achieve carbon neutrality by 2045."
Compliance officers and in-house counsel should closely monitor these developments, as the regulatory landscape will affect project approvals, ongoing reporting, and risk management for carbon-related initiatives. While the draft reflects state-level action, it echoes federal frameworks, pushing for robust environmental safeguards tailored to California’s specific needs.
Read more analysis at The National Law Review and Arnold & Porter.
By the numbers:
- 28 pages — length of CARB's draft regulatory document
- June 5, 2026 — deadline for public comment on the draft
- 2045 — target year for California’s carbon neutrality goals
Yes, but: Specific details on when final regulations will take effect remain unclear, as does how public input will shape the final framework.
What's next: CARB will review public feedback submitted by June 5, 2026 before issuing proposed regulations.