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Home » US Law » 2022 Indiana Code » Title 14. Natural and Cultural Resources » Article 39. Carbon Dioxide » Chapter 2. Underground Storage of Carbon Dioxide

14-39-2-1. Applicability

Sec. 1. (a) Except as otherwise provided in this chapter, this chapter does not apply to extractable mineral resources. (b) Except as otherwise provided in this chapter, this chapter does not preclude the exercise of rights provided by IC 14-37-9. (c) Except as otherwise provided in this chapter, this chapter applies to the underground storage […]

14-39-2-10. Establishment of Carbon Dioxide Storage Facility Trust Fund

Sec. 10. (a) The carbon dioxide storage facility trust fund is established. (b) The fee collected under section 9 of this chapter must be deposited in the carbon dioxide storage facility trust fund established by subsection (a). (c) The carbon dioxide storage facility trust fund must be maintained as a special fund and all money […]

14-39-2-11. Drilling a Well

Sec. 11. (a) A mineral owner or mineral lessee shall provide written notice to a storage operator at least thirty-one (31) days prior to drilling a well if the mineral owner or mineral lessee wishes to drill a well not more than: (1) three hundred thirty (330) feet from the surface location of a well […]

14-39-2-12. Recovery of Public Utility; Claim of Subsurface Trespass

Sec. 12. (a) Nothing in this section prohibits recovery by a public utility for any impact on a source of the public water supply from a carbon sequestration project. (b) A claim of subsurface trespass shall not be actionable against a storage operator conducting carbon sequestration in accordance with a valid UIC Class VI permit […]

14-39-2-13. Certificate of Project Completion; Issuance; Requirements

Sec. 13. (a) A certificate of project completion shall be issued upon the application from the storage operator if the department finds that the storage operator does the following: (1) The storage operator is in compliance with all applicable laws governing the storage facility. (2) The storage operator shows that the storage facility is reasonably […]

14-39-2-2. Definitions

Sec. 2. (a) The following definitions apply throughout this chapter. (b) “Carbon dioxide” has the meaning set forth in IC 14-39-1-1. (c) “Carbon dioxide injection well” refers to a well that is used to inject carbon dioxide into a reservoir for carbon sequestration pursuant to a UIC Class VI permit. (d) “Carbon dioxide plume” means […]

14-39-2-3. Rights to Pore Space

Sec. 3. (a) Before July 1, 2022, this chapter does not alter, amend, diminish, or invalidate ownership of the pore space of real property that has been divided into a surface estate and a mineral estate where ownership of the pore space was acquired or reserved by conveyance document. Any ownership rights to pore space […]

14-39-2-4. Integration of Interests to Develop Pore Space

Sec. 4. (a) If at least two (2) pore space owners own pore space located within a proposed carbon dioxide storage area of a storage facility, the owners may agree to integrate their interests to develop the pore space as a proposed storage facility for the underground storage of carbon dioxide. (b) If all of […]

14-39-2-5. Authorization of Carbon Sequestration Projects

Sec. 5. (a) Carbon sequestration projects are authorized in Indiana for the purposes of: (1) injecting carbon dioxide into the pore space of an underground storage facility through at least one (1) carbon dioxide injection well pursuant to a UIC Class VI permit; and (2) employing the underground storage of carbon dioxide. (b) A storage […]

14-39-2-7. Issuance of a Carbon Sequestration Project Permit

Sec. 7. If the department approves an application under section 5 of this chapter or a corrected application under section 6(c) of this chapter, the department shall issue to the applicant a carbon sequestration project permit. As added by P.L.163-2022, SEC.2.

14-39-2-8. Public Disclosure of Confidential Information by the Department

Sec. 8. (a) Except as provided in subsection (b), if a storage operator or an applicant files a verified statement to the department stating the reasons that trade secret or confidential and proprietary information should be disclosed, the storage operator or applicant may disclose the trade secret or confidential and proprietary information to the department, […]

14-39-2-9. Payment to the Department a Fee for Carbon Dioxide Storage

Sec. 9. (a) A storage operator shall pay the department a fee for every ton of carbon dioxide injected for storage. (b) The storage operator shall provide the department with an estimate of the amount of carbon dioxide to be injected into a storage facility for the period of the permit at the time of […]