Indiana 2023 Regular Session

Indiana Senate Bill SB0247 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 247
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 14-39.
7	7	Synopsis: Carbon sequestration. Provides that a carbon sequestration
8	8	project may not be undertaken unless the project is approved by the
9	9	county legislative body (for a project located in the unincorporated area
10	10	of a county) or the city or town legislative body (for a project located
11	11	in a city or town).
12	12	Effective: July 1, 2023.
13	13	Niemeyer
14	14	January 11, 2023, read first time and referred to Committee on Environmental Affairs.
15	15	2023 IN 247—LS 7405/DI 150 Introduced
16	16	First Regular Session of the 123rd General Assembly (2023)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2022 Regular Session of the General Assembly.
26	26	SENATE BILL No. 247
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	natural and cultural resources.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 14-39-1-2.7 IS ADDED TO THE INDIANA CODE
31	31	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32	32	3 1, 2023]: Sec. 2.7. As used in this chapter, "legislative body" means
33	33	4 the following:
34	34	5 (1) The board of county commissioners, for a county not
35	35	6 subject to IC 36-2-3.5 or IC 36-3-1.
36	36	7 (2) The county council, for a county subject to IC 36-2-3.5.
37	37	8 (3) The city-county council, for a consolidated city or county
38	38	9 having a consolidated city.
39	39	10 (4) The common council, for a city other than a consolidated
40	40	11 city.
41	41	12 (5) The town council, for a town.
42	42	13 SECTION 2. IC 14-39-1-4, AS AMENDED BY P.L.163-2022,
43	43	14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44	44	15 JULY 1, 2023]: Sec. 4. (a) A carbon dioxide transmission pipeline
45	45	16 company may apply to the department for issuance of a carbon dioxide
46	46	17 transmission pipeline certificate of authority. The department shall
47	47	2023 IN 247—LS 7405/DI 150 2
48	48	1 prescribe the form of the application, which must:
49	49	2 (1) include a filing fee of one thousand dollars ($1,000);
50	50	3 (2) include a certified copy of an ordinance adopted by the
51	51	4 legislative body of the county or municipality that approves
52	52	5 the project;
53	53	6 (2) (3) be signed by a responsible officer of the company;
54	54	7 (3) (4) include a statement verifying that the information
55	55	8 submitted is true, accurate, and complete to the best of that
56	56	9 responsible officer's knowledge and belief; and
57	57	10 (4) (5) include all information necessary for the department to
58	58	11 find the following:
59	59	12 (A) That the applicant or the contractor or subcontractor of the
60	60	13 applicant has the financial, managerial, and technical ability
61	61	14 to construct, operate, and maintain a carbon dioxide
62	62	15 transmission pipeline in Indiana.
63	63	16 (B) That the applicant has the requisite experience
64	64	17 constructing, operating, and maintaining a transmission
65	65	18 pipeline.
66	66	19 (C) That the applicant has entered into a contract to transport
67	67	20 carbon dioxide by pipeline in Indiana with:
68	68	21 (i) at least one (1) producer of carbon dioxide located in
69	69	22 Indiana; and
70	70	23 (ii) unless all of the carbon dioxide to be transported in the
71	71	24 proposed carbon dioxide transmission pipeline is for the
72	72	25 applicant's own use or account, at least one (1) end user or
73	73	26 storer of carbon dioxide.
74	74	27 (D) That the applicant has provided documentation to the
75	75	28 department showing the proposed length, diameter, and
76	76	29 location of the proposed carbon dioxide transmission pipeline
77	77	30 in Indiana.
78	78	31 (E) That the applicant will construct, operate, and maintain the
79	79	32 proposed carbon dioxide transmission pipeline in accordance
80	80	33 with applicable local, state, and federal law, including federal
81	81	34 and state safety regulations and rules governing the
82	82	35 construction, operation, and maintenance of carbon dioxide
83	83	36 transmission pipelines, and related facilities and equipment, to
84	84	37 ensure the safety of pipeline employees and the public.
85	85	38 (F) That the applicant has:
86	86	39 (i) entered into an agreement with the Indiana utility
87	87	40 regulatory commission concerning the mitigation of
88	88	41 agricultural impacts associated with the construction of the
89	89	42 proposed carbon dioxide transmission pipeline; or
90	90	2023 IN 247—LS 7405/DI 150 3
91	91	1 (ii) signed a statement indicating that the applicant agrees to
92	92	2 use, in connection with the construction of the proposed
93	93	3 carbon dioxide transmission pipeline, the guidelines adopted
94	94	4 under IC 8-1-22.6-8 by the pipeline safety division of the
95	95	5 Indiana utility regulatory commission.
96	96	6 (b) The department shall review an application filed under
97	97	7 subsection (a). Subject to subsection (f), if the department determines
98	98	8 that the application is incomplete or inaccurate, or both, the department
99	99	9 shall return the application to the applicant, informing the applicant in
100	100	10 writing of the applicant's right to file a corrected application with the
101	101	11 department. If the department determines that the application is
102	102	12 complete and accurate, the department shall provide notice to the
103	103	13 applicant of:
104	104	14 (1) that determination; and
105	105	15 (2) the date, time, and location of the public information meeting
106	106	16 to be held under subsection (d).
107	107	17 (c) The applicant shall:
108	108	18 (1) upon receipt of a notice under subsection (b):
109	109	19 (A) place for public inspection a copy of the application in a
110	110	20 public library located in each county in which the carbon
111	111	21 dioxide transmission pipeline is proposed to be located; and
112	112	22 (B) publish notice, in the same manner that would be required
113	113	23 if the applicant were subject to IC 5-3-1, in each county in
114	114	24 which the carbon dioxide transmission pipeline is proposed to
115	115	25 be located, of:
116	116	26 (i) the name and address of each library in which a copy of
117	117	27 the application is placed under clause (A); and
118	118	28 (ii) the date, time, and location of the public information
119	119	29 meeting to be held under subsection (d);
120	120	30 (2) provide to the department proof of publication of notice under
121	121	31 subdivision (1)(B); and
122	122	32 (3) have a representative present at the public information
123	123	33 meeting held under subsection (d).
124	124	34 (d) The department shall:
125	125	35 (1) conduct a public information meeting in the county seat of one
126	126	36 (1) of the counties, as determined by the department, in which the
127	127	37 proposed carbon dioxide transmission pipeline will be located;
128	128	38 and
129	129	39 (2) provide an opportunity at the meeting for members of the
130	130	40 public to be briefed and to ask questions about the proposed
131	131	41 carbon dioxide transmission pipeline.
132	132	42 (e) Not later than ninety (90) days after the public information
133	133	2023 IN 247—LS 7405/DI 150 4
134	134	1 meeting held under subsection (d), the department shall notify the
135	135	2 applicant in writing that:
136	136	3 (1) the department:
137	137	4 (A) has made the findings described in subsection (a)(4);
138	138	5 (a)(5); and
139	139	6 (B) has approved the application; or
140	140	7 (2) the department:
141	141	8 (A) has determined that the department is unable to make the
142	142	9 findings described in subsection (a)(4); (a)(5); and
143	143	10 (B) has disapproved the application.
144	144	11 (f) The department shall process a corrected application that is filed
145	145	12 as permitted under subsection (b) in the same manner the department
146	146	13 processes an initially filed application under subsection (a).
147	147	14 (g) If the department fails to act under subsection (e) not later than
148	148	15 ninety (90) days after the public information meeting held under
149	149	16 subsection (d), the application is considered to be approved by the
150	150	17 department.
151	151	18 (h) If:
152	152	19 (1) the department approves the application under subsection
153	153	20 (e)(1); or
154	154	21 (2) the application is considered to be approved as described in
155	155	22 subsection (g);
156	156	23 the department shall issue to the applicant a carbon dioxide
157	157	24 transmission pipeline certificate of authority.
158	158	25 SECTION 3. IC 14-39-1-4.5 IS ADDED TO THE INDIANA CODE
159	159	26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
160	160	27 1, 2023]: Sec. 4.5. A carbon dioxide transmission pipeline project
161	161	28 may not be undertaken by a carbon dioxide transmission pipeline
162	162	29 company unless an ordinance approving the project has been
163	163	30 adopted by:
164	164	31 (1) the county legislative body, in the case of a project located
165	165	32 in the unincorporated area of a county; or
166	166	33 (2) the city or town legislative body, in the case of a project
167	167	34 located in a city or town.
168	168	35 SECTION 4. IC 14-39-1-5, AS ADDED BY P.L.150-2011,
169	169	36 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
170	170	37 JULY 1, 2023]: Sec. 5. (a) Except as provided in subsection (b), if a
171	171	38 carbon dioxide transmission pipeline company files with the
172	172	39 department a verified certificate stating the reasons that the designation
173	173	40 of confidential information is necessary, the carbon dioxide
174	174	41 transmission pipeline company may designate information that it
175	175	42 submits in an application to the department, or in subsequent reports,
176	176	2023 IN 247—LS 7405/DI 150 5
177	177	1 as trade secret or confidential and proprietary information.
178	178	2 (b) Subsection (a) does not apply to information referred to in
179	179	3 section 4(a)(4)(D) 4(a)(5)(D) of this chapter.
180	180	4 (c) The department shall exercise all necessary caution to avoid
181	181	5 public disclosure of confidential information designated under
182	182	6 subsection (a).
183	183	7 SECTION 5. IC 14-39-2-5, AS ADDED BY P.L.163-2022,
184	184	8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
185	185	9 JULY 1, 2023]: Sec. 5. (a) Carbon sequestration projects are authorized
186	186	10 in Indiana for the purposes of:
187	187	11 (1) injecting carbon dioxide into the pore space of an underground
188	188	12 storage facility through at least one (1) carbon dioxide injection
189	189	13 well pursuant to a UIC Class VI permit; and
190	190	14 (2) employing the underground storage of carbon dioxide.
191	191	15 (b) A storage operator may not operate a carbon sequestration
192	192	16 project in Indiana without:
193	193	17 (1) a UIC Class VI permit; and
194	194	18 (2) a valid permit issued by the department.
195	195	19 (c) If a carbon sequestration project is owned by an entity other than
196	196	20 the storage operator, the storage operator shall be responsible for
197	197	21 obtaining a permit for a carbon sequestration project under subsection
198	198	22 (b). A permit for a carbon sequestration project may be transferred or
199	199	23 assigned from one (1) storage operator to another storage operator.
200	200	24 (d) An individual may apply to the department for a permit for a
201	201	25 carbon sequestration project in a form and manner prescribed by the
202	202	26 department.
203	203	27 (e) An application under subsection (d) must include the following:
204	204	28 (1) A filing fee of one thousand dollars ($1,000).
205	205	29 (2) The signature of the applicant.
206	206	30 (3) A statement verifying that the information submitted is true,
207	207	31 accurate, and complete to the best of applicant's knowledge.
208	208	32 (4) Information illustrating that the applicant has the financial,
209	209	33 managerial, and technical ability to construct, operate, and
210	210	34 maintain a carbon sequestration project.
211	211	35 (5) Information illustrating that the applicant or the contractors or
212	212	36 subcontractors of the applicant have the requisite expertise in
213	213	37 constructing, operating, and maintaining a carbon sequestration
214	214	38 project.
215	215	39 (6) Documentation to the department describing the scope of the
216	216	40 proposed carbon sequestration project.
217	217	41 (7) A statement describing how the applicant will construct,
218	218	42 operate, and maintain the proposed carbon sequestration project
219	219	2023 IN 247—LS 7405/DI 150 6
220	220	1 in accordance with applicable local, state, and federal law,
221	221	2 including federal and state safety regulations and rules governing
222	222	3 the construction, operation, and maintenance of the carbon
223	223	4 sequestration project, and related facilities and equipment, to
224	224	5 ensure the safety of the carbon sequestration project employees
225	225	6 and the public.
226	226	7 (8) A statement that the interests of a mineral lessee or mineral
227	227	8 owner will not be adversely affected. If a mineral owner or
228	228	9 mineral lessee is adversely affected, the adversely affected
229	229	10 mineral owner or mineral lessee and the applicant may enter into
230	230	11 an agreement under section 4 of this chapter.
231	231	12 (9) A certified copy of an ordinance adopted by the legislative
232	232	13 body of the county or municipality that approves the project.
233	233	14 SECTION 6. IC 14-39-2-5.5 IS ADDED TO THE INDIANA CODE
234	234	15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
235	235	16 1, 2023]: Sec. 5.5. A carbon dioxide underground storage project
236	236	17 may not be undertaken by a carbon dioxide transmission pipeline
237	237	18 company unless an ordinance approving the project has been
238	238	19 adopted by:
239	239	20 (1) the county legislative body, in the case of a project located
240	240	21 in the unincorporated area of a county; or
241	241	22 (2) the city or town legislative body, in the case of a project
242	242	23 located in a city or town.
243	243	2023 IN 247—LS 7405/DI 150