Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 457
AN ACT to amend the Indiana Code concerning natural and cultural
resources.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 14-39-1-4, AS AMENDED BY P.L.163-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A carbon dioxide transmission pipeline
company may apply to the department for issuance of a carbon dioxide
transmission pipeline certificate of authority. The department shall
prescribe the form of the application, which must:
(1) include a filing fee of one thousand dollars ($1,000);
(2) be signed by a responsible officer of the company;
(3) include a statement verifying that the information submitted
is true, accurate, and complete to the best of that responsible
officer's knowledge and belief; and
(4) include all information necessary for the department to find
the following:
(A) That the applicant or the contractor or subcontractor of the
applicant has the financial, managerial, and technical ability
to construct, operate, and maintain a carbon dioxide
transmission pipeline in Indiana.
(B) That the applicant, or the contractor or subcontractor of
the applicant, has the requisite experience constructing,
operating, and maintaining a transmission pipeline.
(C) That the applicant has entered into a contract to transport
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carbon dioxide by pipeline in Indiana with:
(i) at least one (1) producer of carbon dioxide located in
Indiana; and
(ii) unless all of the carbon dioxide to be transported in the
proposed carbon dioxide transmission pipeline is for the
applicant's own use or account, at least one (1) end user or
storer of carbon dioxide.
(D) That the applicant has provided documentation to the
department showing the proposed length, diameter, and
location of the proposed carbon dioxide transmission pipeline
in Indiana.
(E) That the applicant will construct, operate, and maintain the
proposed carbon dioxide transmission pipeline in accordance
with applicable local, state, and federal law, including federal
and state safety regulations and rules governing the
construction, operation, and maintenance of carbon dioxide
transmission pipelines, and related facilities and equipment, to
ensure the safety of pipeline employees and the public.
(F) That the applicant has signed a statement indicating that
the applicant agrees to construct a proposed carbon
dioxide transmission pipeline in a manner compliant with
the guidelines adopted under IC 8-1-22.6-8 by the pipeline
safety division of the Indiana utility regulatory
commission.
(i) entered into an agreement with the Indiana utility
regulatory commission concerning the mitigation of
agricultural impacts associated with the construction of the
proposed carbon dioxide transmission pipeline; or
(ii) signed a statement indicating that the applicant agrees to
use, in connection with the construction of the proposed
carbon dioxide transmission pipeline, the guidelines adopted
under IC 8-1-22.6-8 by the pipeline safety division of the
Indiana utility regulatory commission.
(b) The department shall review an application filed under
subsection (a). Subject to subsection (f), if the department determines
that the application is incomplete or inaccurate, or both, the department
shall return the application to the applicant, informing the applicant in
writing of the applicant's right to file a corrected application with the
department. If the department determines that the application is
complete and accurate, the department shall provide notice to the
applicant of:
(1) that determination; and
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(2) the date, time, and location of the public information meeting
to be held under subsection (d).
(c) The applicant shall:
(1) upon receipt of a notice under subsection (b):
(A) place for public inspection a copy of the application in a
public library located in each county in which the carbon
dioxide transmission pipeline is proposed to be located; and
(B) publish notice, in the same manner that would be required
if the applicant were subject to IC 5-3-1, in each county in
which the carbon dioxide transmission pipeline is proposed to
be located, of:
(i) the name and address of each library in which a copy of
the application is placed under clause (A); and
(ii) the date, time, and location of the public information
meeting to be held under subsection (d);
(2) provide to the department proof of publication of notice under
subdivision (1)(B); and
(3) have a representative present at the public information
meeting held under subsection (d).
(d) The department shall:
(1) conduct a public information meeting in the county seat of one
(1) of the counties, as determined by the department, in which the
proposed carbon dioxide transmission pipeline will be located;
and
(2) provide an opportunity at the meeting for members of the
public to be briefed and to ask questions about the proposed
carbon dioxide transmission pipeline.
(e) Not later than ninety (90) days after the public information
meeting held under subsection (d), the department shall notify the
applicant in writing that:
(1) the department:
(A) has made the findings described in subsection (a)(4); and
(B) has approved the application; or
(2) the department:
(A) has determined that the department is unable to make the
findings described in subsection (a)(4); and
(B) has disapproved the application.
(f) The department shall process a corrected application that is filed
as permitted under subsection (b) in the same manner the department
processes an initially filed application under subsection (a).
(g) If the department fails to act under subsection (e) not later than
ninety (90) days after the public information meeting held under
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subsection (d), the application is considered to be approved by the
department.
(h) If:
(1) the department approves the application under subsection
(e)(1); or
(2) the application is considered to be approved as described in
subsection (g);
the department shall issue to the applicant a carbon dioxide
transmission pipeline certificate of authority.
SECTION 2. IC 14-39-1-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 4.5. (a) A carbon dioxide transmission pipeline
company is not required to obtain a carbon dioxide transmission
pipeline certificate of authority under section 4 of this chapter if
the carbon dioxide transmission pipeline:
(1) begins and ends on the surface property above the storage
facility; and
(2) does not cross:
(A) public property;
(B) a public right-of-way; or
(C) a parcel for which there is an existing easement or for
which an easement is required.
(b) A carbon dioxide transmission pipeline company is not
required to obtain a carbon dioxide transmission pipeline
certificate of authority under section 4 of this chapter if the surface
property above the storage facility crosses a:
(1) parcel that has an existing private easement;
(2) parcel for which a private easement is required; or
(3) private right-of-way.
SECTION 3. IC 14-39-1-12, AS ADDED BY P.L.150-2011,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. The department shall deposit fee revenue
received under section 4(a)(1) of this chapter in the oil and gas
environmental fund established by IC 14-37-10-2. state general fund.
SECTION 4. IC 14-39-2-2, AS ADDED BY P.L.163-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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.
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(d) "Carbon dioxide plume" means the extent of an underground
three-dimensional injected carbon dioxide stream.
(e) "Carbon sequestration" means the underground storage of carbon
dioxide in a reservoir.
(f) "Carbon sequestration project" means any project that involves
the underground storage of carbon dioxide in a reservoir pursuant to at
least one (1) UIC Class VI permit.
(g) "Mineral lessee" means a lessee identified by the records of the
recorder of deeds for each county containing a portion of the proposed
reservoir who holds an interest in minerals on real property that are
located above, below, or within the proposed reservoir that has been
severed from the surface estate by:
(1) grant;
(2) exception;
(3) reservation;
(4) lease; or
(5) any other means.
(h) "Mineral owner" means an owner identified by the records of the
recorder of deeds for each county containing a portion of the proposed
reservoir who holds an interest in minerals on real property that are
located above, below, or within the proposed reservoir that has been
severed from the surface estate by:
(1) grant;
(2) exception;
(3) reservation;
(4) lease; or
(5) any other means.
(i) "Pore space" means subsurface cavities or voids that can be used
as a storage space for carbon dioxide.
(j) "Pore space owner" means:
(1) a person;
(2) a trust;
(3) a corporation; or
(4) another entity;
that has title to, a right to, or an interest in pore space.
(k) "Reservoir" means a subsurface:
(1) sedimentary stratum;
(2) formation;
(3) aquifer;
(4) cavity; or
(5) void;
that is naturally or artificially created for the use of, or is capable of
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being made suitable for, injecting and storing carbon dioxide.
(l) "Storage facility" means the subsurface area consisting of the
extent of a carbon dioxide plume which is required to be delineated on
an approved UIC Class VI permit or an amendment to a UIC Class VI
permit of a storage operator.
(m) "Storage operator" means:
(1) a person;
(2) a trust;
(3) a corporation; or
(4) another entity;
that operates a carbon sequestration project.
(n) "Surface or subsurface property interest owner" means a
property interest owner identified by the records of the recorder of
deeds for each county containing a portion of the proposed storage
facility who holds a fee simple interest or other freehold interest in the
surface or subsurface of the property, which may include mineral
rights. The term does not include the owner of a right-of-way, an
easement, or a leasehold.
(o) "UIC Class VI permit" means a permit issued under the federal
Safe Drinking Water Act's Underground Injection Control program that
allows:
(1) a person;
(2) a trust;
(3) a corporation; or
(4) another entity;
to construct or operate a carbon dioxide injection well.
(p) "Underground storage of carbon dioxide" means the injection
and storage of carbon dioxide into underground strata and formations
pursuant to at least one (1) UIC Class VI permit.
SECTION 5. IC 14-39-2-4, AS ADDED BY P.L.163-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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 the owners of the pore space under subsection (a) do not
agree to integrate their interests, the department may issue an order
requiring the owners to integrate their interests and to develop the pore
space as a proposed storage facility for the underground storage of
carbon dioxide to serve the public interest, prevent waste, protect
correlative rights, and facilitate the efficient and effective use of
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natural resources subject to the findings under subsection (c).
(c) Before issuing an order under subsection (b), the department
must make the following findings:
(1) That a storage operator: has been issued:
(A) filed a complete UIC Class VI permit or an amended
complete UIC Class VI permit; and
(B) submitted all the necessary information to the United
States Environmental Protection Agency for the agency to
process the storage operator's permit application.
(2) That the storage operator has made a good faith effort to
obtain the consent of all pore space owners located within the
proposed storage facility.
(3) That the storage operator has obtained the consent of the
owners of the pore space underlying at least seventy percent
(70%) of the surface area above the proposed storage facility or
amended proposed storage facility.
(4) That all pore space owners who do not agree to integrate their
interests to develop the pore space as a proposed storage facility
for the underground storage of carbon dioxide are equitably
compensated.
(d) A right to pore space granted by this section does not confer a
right to enter upon, or otherwise use, the surface of the land which is
integrated under this section unless provided in an order requiring the
owners to integrate their interests and to develop the pore space as a
proposed storage facility for the underground storage of carbon
dioxide.
(e) An involuntary integration order issued by the department
is effective fifteen (15) days after the applicant is issued a UIC
Class VI permit.
SECTION 6. IC 14-39-2-5, AS ADDED BY P.L.163-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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 operator may not operate a carbon sequestration
project in Indiana without:
(1) a UIC Class VI permit; and
(2) a valid permit issued by the department.
(c) If a carbon sequestration project is owned by an entity other than
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the storage operator, the storage operator shall be responsible for
obtaining a permit for a carbon sequestration project under subsection
(b). A permit for a carbon sequestration project may be transferred or
assigned from one (1) storage operator to another storage operator.
(d) An individual may apply to the department for a permit for a
carbon sequestration project in a form and manner prescribed by the
department.
(e) An application under subsection (d) must include the following:
(1) A filing fee of one thousand dollars ($1,000). equal to the
product of:
(A) the given amount of metric tons of carbon dioxide
proposed to be injected into the storage facility during the
first ten (10) years of the carbon sequestration project;
multiplied by
(B) one cent ($0.01).
The filing fee amount determined under this subdivision shall
be collected by the department and deposited in the state
general fund.
(2) The signature of the applicant.
(3) A statement verifying that the information submitted is true,
accurate, and complete to the best of applicant's knowledge.
(4) Information illustrating that the applicant has the financial,
managerial, and technical ability to construct, operate, and
maintain a carbon sequestration project.
(5) Information illustrating that the applicant or the contractors or
subcontractors of the applicant have the requisite expertise in
constructing, operating, and maintaining a carbon sequestration
project.
(6) Documentation to the department describing the scope of the
proposed carbon sequestration project.
(7) A statement describing how the applicant will construct,
operate, and maintain the proposed carbon sequestration project
in accordance with applicable local, state, and federal law,
including federal and state safety regulations and rules governing
the construction, operation, and maintenance of the carbon
sequestration project, and related facilities and equipment, to
ensure the safety of the carbon sequestration project employees
and the public.
(8) A statement that the interests of a mineral lessee or mineral
owner will not be adversely affected. If a mineral owner or
mineral lessee is adversely affected, the adversely affected
mineral owner or mineral lessee and the applicant may enter into
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an agreement under section 4 of this chapter.
(f) After the first ten (10) years of a carbon sequestration
project, if the carbon sequestration project injects more metric
tons of carbon dioxide into the storage facility than was proposed
under the original application under subsection (e), the storage
operator shall pay the filing fee under subsection (e) for the
additional metric tons of carbon dioxide injected into the storage
facility during the first ten (10) years of the carbon sequestration
project.
(g) A fee paid under this section is not refundable by the
department.
SECTION 7. IC 14-39-2-6, AS ADDED BY P.L.163-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) The department shall review an application
submitted under section 5(d) of this chapter. If the department
determines that the application submitted under section 5(d) of this
chapter is complete, the department shall notify the applicant.
(b) The department shall return an application to the applicant if the
department determines that the application is incomplete, inaccurate,
or both.
(c) If the department returns an application to an applicant under
subsection (b), the department shall inform the applicant in writing that
the applicant may file a corrected application not more than sixty (60)
days after the receipt of the returned application.
(d) Upon receiving a corrected application under this section, the
department shall review the application.
(e) Upon receiving notification that the corrected an application is
complete, the applicant shall:
(1) not more than sixty (60) days after receiving the notice under
this subsection:
(A) place a copy of the corrected application in a public library
located in each county in which the carbon sequestration
project is proposed to be located for public inspection;
(B) publish notice under IC 5-3-1 in each county in which the
carbon sequestration project is proposed to be located of the
name and address of each library in which a copy of the
corrected application is placed as required by clause (A); and
(C) provide notice to potentially affected parties pursuant to
312 IAC 29-5-2; under rules adopted by the commission for
carbon sequestration projects; and
(2) provide to the department proof of publication of notice under
this subsection not more than thirty (30) days after the publication
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or delivery of the notice.
(f) Not later than ninety (90) days after receiving the proof of
publication of notice under subsection (e), the department shall notify
the applicant in writing that:
(1) the department has approved the application; or
(2) the department has denied the application.
SECTION 8. IC 14-39-2-9, AS ADDED BY P.L.163-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) A storage operator shall pay the department
a fee under subsections (b) and (c) for every metric 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 application for a
carbon sequestration project permit.
(c) (b) Not later than sixty (60) days after the end of a calendar
year, a storage operator shall pay annually to the department a fee of
eight cents ($0.08) per metric ton of carbon dioxide estimated to be
injected into a the storage facility for the previous calendar year.
The department shall deposit the fee into the state general fund.
(d) A storage operator shall reconcile the previous calendar year's
payment with the volume of carbon dioxide actually injected into the
storage facility the previous calendar year. The storage operator shall
submit payment for the amount of carbon dioxide injected into a
storage facility less the amount paid the previous calendar year.
(e) The department shall refund a storage operator any overpayment
in the current year from the previous calendar year.
(c) Not later than sixty (60) days after the end of the calendar
year in which a storage operator begins injecting carbon dioxide
into a storage facility, the storage operator shall pay to the
department a one (1) time fee for the carbon dioxide injected into
the storage facility equal to the product of:
(1) the given amount of metric tons of carbon dioxide
proposed to be injected into the storage facility during the
first ten (10) years of the carbon sequestration project;
multiplied by
(2) five cents ($0.05).
The department shall deposit the fee into the state general fund.
SECTION 9. IC 14-39-2-10, AS ADDED BY P.L.163-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JUNE 29, 2025]: Sec. 10. (a) The carbon dioxide storage facility trust
fund is established.
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(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 in the fund is appropriated
and may be used only to defray the costs incurred by the department for
the long term monitoring and management of a carbon sequestration
project.
(d) On June 30, 2025, the budget agency shall transfer all money
in the fund to the state general fund.
(e) This section expires July 1, 2025.
SECTION 10. IC 14-39-2-11, AS ADDED BY P.L.163-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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 pursuant to a UIC Class VI permit; or
(2) five hundred (500) feet from the uppermost confining zone of
a carbon sequestration facility within the boundary of the
storage facility pursuant to a UIC Class VI permit.
Drilling permitted by this subsection must be conducted in cooperation
with a storage operator.
(b) A well drilled under subsection (a) must be drilled in
compliance with the requirements of:
(1) the department to preserve the integrity of the storage facility;
(2) a UIC Class VI permit; and
(3) any other applicable regulations.
SECTION 11. IC 14-39-2-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 11.5. (a) The department shall
issue a permit for a person to:
(1) drill, deepen, or operate a nonproduction well drilled to
investigate and obtain data on geological, structural, or
hydrogeological stratigraphic intervals for the suitability of
underground formations for carbon sequestration; or
(2) convert a well for oil and gas purposes (as defined by
IC 14-8-2-317) for carbon dioxide investigations.
(b) A person issued a permit under subsection (a) shall:
(1) comply with the conditions of a permit as determined by
the department;
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(2) correct adverse environmental impact that results from
noncompliance with a permit; and
(3) provide proper operation and maintenance for facilities,
systems of treatment, and control and related appurtenances
that are installed or used by the person to comply with the
permit conditions.
(c) A permit issued under this section does not convey to the
holder a property right or an exclusive privilege.
(d) An application for a permit under subsection (a) must
include the following:
(1) The name, address, telephone number, and electronic mail
address of the applicant.
(2) The signature of the applicant, or the applicant's designee,
that is the operator named in the permit application.
(3) The plat of land or lease where the well is to be located
with the property boundaries, lease lines, storage area tract
boundary, and acreage within the tract.
(4) The location of the proposed well as certified by a
professional surveyor registered under IC 25-21.5.
(5) The surface elevation of the proposed well and the method
used for determining that elevation.
(6) The depth of the proposed well.
(7) Proof the applicant executed a surface use agreement with
the surface owner and an agreement demonstrating the
applicant is not trespassing on the subsurface estate, if
different from the surface estate.
(8) Any other information required by the department that is
necessary to administer this section.
(e) An applicant shall submit the following with an application
for a permit under this section:
(1) A cash bond for each well of ten dollars ($10) for each foot
of well depth.
(2) A permit fee of two hundred fifty dollars ($250) payable to
the department.
An amount collected under this subsection must be deposited in the
state general fund.
(f) The department shall incorporate in the permit the terms,
conditions, and covenants the department considers necessary to
protect the public interest.
(g) Except as provided in subsection (h), the department shall
issue a permit under this section not later than fifteen (15) days
after the applicant:
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(1) complies with this article and rules adopted under this
article; and
(2) submits a complete permit application to the department;
unless the fifteen (15) day deadline is otherwise waived by the
applicant.
(h) The department may deny a permit under this section if the
applicant, or an officer, a partner, or a director of the applicant:
(1) is in violation of this article or would be in violation if the
permit were issued; or
(2) has demonstrated a pattern of willful violations of this
article;
indicating an intention not to comply with this article.
(i) A permit issued by the department under this section is
effective until:
(1) the well is plugged and abandoned;
(2) the well is converted to another type of well; or
(3) the permit is revoked.
(j) A permit issued by the department under this section expires
one (1) year after the date of issuance if drilling the well has not
commenced.
(k) The department may revoke a permit issued under this
section.
(l) A person holding a permit under this section shall plug and
abandon a well that is no longer in operation under a permit,
unless the well is converted to a carbon dioxide injection well or
monitoring well under a UIC Class Vl permit.
(m) A person may defer plugging and abandoning a well under
this section while an application is pending to convert the well into
a UIC Class VI permit carbon dioxide injection well or monitoring
well under this section, provided that the well is temporarily
capped and maintained in the manner prescribed by the
department under the permit.
(n) After a well is plugged and abandoned or transferred, the
applicant who paid the cash bond under subsection (e) may apply
for a request a total or partial bond release from the department.
The director of the division of reclamation shall:
(1) release the bond as requested; or
(2) deny the bond release.
(o) A determination under this section is subject to review and
appeal under IC 4-21.5.
(p) The commission may adopt rules under IC 4-22-2 to
implement this section.
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SECTION 12. IC 14-39-2-13, AS ADDED BY P.L.163-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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 expected to retain the carbon dioxide stored therein.
(3) The storage operator shows that the carbon dioxide in the
storage facility is stable by showing that either:
(A) the stored carbon dioxide is essentially stationary; or
(B) if the stored carbon migrates, migration will be unlikely to
cross the boundaries of the storage facility.
(4) The storage operator shows that all wells, equipment, and
facilities used after the closure period are in good condition and
retain mechanical integrity.
(5) The storage operator shows that injection wells have been
plugged.
(6) The storage operator shows that equipment and facilities, not
including fixed structures and long term monitoring equipment
and wells, have been removed.
(7) The storage operator proves that the reclamation work
required by the department where the project ceases to inject
carbon dioxide is completed.
(8) The following with respect to site closure:
(A) The storage operator has provided a notice of intent for
site closure to the United States Environmental Protection
Agency.
(B) The United States Environmental Protection Agency has
authorized site closure.
(C) The storage operator has provided to the United States
Environmental Protection Agency:
(i) the site closure report required under 40 CFR 146.93(f)
(as in effect January 1, 2022); or
(ii) a comparable report to the state regulatory body if the
state assumes primacy for UIC Class VI permitting.
(b) The department shall issue a certificate of project completion not
later than one hundred eighty (180) days after receiving an application
from the storage operator. If the department determines that the
application for a certificate of project completion is incomplete,
inaccurate, or both, the department shall return the application to the
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storage operator.
(c) If the department returns the application to the storage operator
under subsection (b), the department shall inform the storage operator,
in writing, of the deficiencies of the submitted application and inform
the storage operator of the right to file a corrected application with the
department.
(d) Once a certificate of completion is issued, the following occurs:
(1) Except as provided in subsection (e), the state will assume
ownership of and responsibility for the storage facility.
(2) The state will assume responsibility for all regulatory
requirements associated with the storage facility, and the storage
operator and the owner of the storage facility are released from
responsibility for all regulatory requirements associated with the
storage facility.
(3) The state will assume any potential liability associated with
the storage facility.
(4) The department may, at a reasonable time, enter property
where a carbon dioxide injection well or monitoring well for
the storage facility is located to inspect and maintain the
carbon dioxide injection well or storage facility. Except in the
event of an emergency, the department shall provide notice to
the surface owner of the date the department intends to enter
the property at least five (5) business days before the
department intends to enter the property. The notice must be
issued by:
(A) United States mail;
(B) private courier;
(C) personal delivery; or
(D) any other manner agreed to in writing between the
department and the surface owner.
(e) The state may only:
(1) assume ownership of and responsibility for; or
(2) accept transfer of;
a storage facility for which interest in or rights to property are
conveyed by lease agreement if the lessor and lessee agree to
transfer the storage facility in the lease agreement to the state. The
state only assumes ownership of and responsibility for the storage
facility and does not assume ownership of or responsibility for any
other provisions of the agreement.
(e) (f) Unless there is documentation to the contrary, the storage
operator has title to the carbon dioxide injected into and stored in a
storage facility, and the storage operator holds title until the department
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16
issues a certificate of completion.
SECTION 13. IC 14-39-2-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15. (a) A violation of a
requirement under this article is subject to a civil penalty under
this section.
(b) Except as provided in subsection (d), a civil penalty for a
violation under this article is as follows:
(1) One thousand dollars ($1,000) for a first violation.
(2) Five thousand dollars ($5,000) for a second violation.
(3) Ten thousand dollars ($10,000) for a third and each
subsequent violation.
(c) If a person issued a civil penalty under subsection (b) for a
violation of a requirement under this article does not remediate the
violation in the time prescribed by the department, the person is
subject to a cessation order issued by the department. The civil
penalty for a cessation order is seven hundred fifty dollars ($750)
each day for not more than thirty (30) days.
(d) A person who does not obtain the proper certificates or
permits from the department under this article:
(1) is subject to a civil penalty of ten thousand dollars
($10,000); and
(2) shall be issued a cessation order by the department in the
amount of seven hundred fifty dollars ($750) each day for not
more than thirty (30) days.
(e) A civil penalty assessed under this section is subject to review
and appeal under IC 4-21.5.
(f) The department shall deposit civil penalties collected under
this chapter in the state general fund.
SECTION 14. An emergency is declared for this act.
SEA 457
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 457Every fact on this page links to its source, starting with the official bill record.