Ed Soliday

Amends the Indiana Code chapter governing eminent domain for the pipeline transportation or underground storage of carbon dioxide as follows: (1) Defines a "carbon dioxide transmission pipeline company" (company) for purposes of the chapter. (2) Specifies that a company that seeks to construct, operate, and maintain a carbon dioxide transmission pipeline in Indiana must apply to the department of natural resources (department) for a carbon dioxide transmission pipeline certificate of authority (certificate). (3) Provides an exemption from the requirement to obtain a certificate under certain circumstances based on the route of the pipeline and the location of the surface property. (4) Requires the department to deposit filing fees for certificate applications in the carbon sequestration project program administrative fund (instead of in the oil and gas environmental fund, under current law) established by the bill's provisions. Amends the Indiana Code chapter governing the underground storage of carbon dioxide as follows: (1) Amends the definition of "UIC Class VI permit" to specify that the term means a permit that allows specified entities to construct or operate (instead of operate, under current law) a carbon dioxide injection well. (2) Provides that the department may issue an involuntary order requiring two or more pore space owners to integrate their interests to develop an underground carbon dioxide storage facility if the department finds that a storage operator has filed a complete application for a UIC Class VI permit with the United States Environmental Protection Agency. (Current law requires the department to find that a storage operator has been issued a UIC Class VI permit.) (3) Provides that the filing fee for an application for a permit for a carbon sequestration project (project) is to be: (A) determined based on the metric tons of carbon dioxide proposed to be injected into the storage facility during the first 10 years of the project's operation; and (B) deposited in the carbon sequestration project program administrative fund (administrative fund) established by the bill's provisions. (Current law provides for a flat $1,000 filing fee.) (4) Makes technical changes to provisions governing: (A) the department's review of submitted applications for projects; and (B) the designation of information as confidential. (5) Requires a storage operator to pay two fees, not later than March 1 of each year, to the department for the amount of carbon dioxide injected for storage during the immediately preceding calendar year. (Current law requires a storage operator to pay one annual fee for the amount of carbon dioxide injected, based on a prior estimate of the amount to be injected that is made at the time of application for a permit.) (6) Redesignates the "carbon dioxide storage facility trust fund" as the "carbon dioxide storage facility fund", removes the requirement that the fund must be maintained as a special fund, and provides that annual appropriations from the fund to the department are subject to review by the budget committee. (7) Establishes the administrative fund for the purpose of defraying the department's administrative costs in managing and operating the carbon sequestration project program (program) and annually appropriates to the department from the fund an amount sufficient to defray costs, subject to review by the budget committee. (8) Prohibits a person from: (A) drilling or operating a nonproduction well to investigate the suitability of underground formations for carbon sequestration; or (B) converting a well for oil and gas purposes (as defined in the Indiana Code) for use in carbon dioxide investigations; without a permit and establishes procedures by which a person may apply for and the department may issue a permit. (9) Provides that once the department has issued a certificate of completion for a project, the department may, with advance notice to the surface property owner, enter property on which an injection well or monitoring well for the storage facility is located to inspect or maintain the well or storage facility. (10) Provides that the state may assume ownership and accept transfer of a storage facility for which an interest in or rights to property are conveyed by a lease only if the lessor and lessee agree in the lease agreement to transfer the storage facility to the state. (11) Requires the department to report to the budget committee not later than: (A) July 1, 2030; and (B) July 1, 2035; the amounts collected and the costs incurred by the department in administering the program. (12) Provides that a person that violates the statutes governing the pipeline transportation or underground storage of carbon dioxide is subject to specified civil penalties and cessation orders issued by the department.