Indiana 2025 Regular Session

Indiana Senate Bill SB0504 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. 504
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 14-37-10-5; IC 14-39; IC 32-24-5-2.
7	7	Synopsis: Carbon dioxide. Specifies that an application for a carbon
8	8	dioxide transmission pipeline certificate of authority must include: (1)
9	9	a risk assessment; and (2) a carbon dioxide injection estimate. Provides
10	10	that when determining compensation in certain eminent domain
11	11	proceedings, the perceived risk of certain hazardous conditions must
12	12	be taken into account. Establishes a carbon sequestration pilot project
13	13	fee program, and specifies certain conditions in relation to the fee
14	14	money. Provides that a transfer of ownership in regard to a carbon
15	15	sequestration pilot project does not relieve a prior operator from
16	16	liability for any negligence or willful misconduct that occurred before
17	17	the transfer. Requires the department of natural resources to inspect a
18	18	carbon sequestration pilot project. Alters the threshold of consent one
19	19	must obtain in order to use eminent domain or integration in relation
20	20	to carbon sequestration.
21	21	Effective: July 1, 2025.
22	22	Deery
23	23	January 16, 2025, read first time and referred to Committee on Utilities.
24	24	2025 IN 504—LS 6428/DI 153 Introduced
25	25	First Regular Session of the 124th General Assembly (2025)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2024 Regular Session of the General Assembly.
35	35	SENATE BILL No. 504
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	natural and cultural resources.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 14-37-10-5, AS AMENDED BY P.L.150-2011,
40	40	2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	41	3 JULY 1, 2025]: Sec. 5. (a) Money paid into the fund shall be
42	42	4 appropriated for the following purposes:
43	43	5 (1) To supplement the cost required to abandon a well that has
44	44	6 had a permit revoked under IC 14-37-13-1.
45	45	7 (2) To cover the costs of remedial plugging and repairing of wells
46	46	8 under IC 14-37-8, including the expenses of remedial action
47	47	9 under IC 14-37-8-15.
48	48	10 (3) To cover the cost to:
49	49	11 (A) mitigate environmental damage; or
50	50	12 (B) protect public safety against harm;
51	51	13 caused by a well regulated under this article or the carbon
52	52	14 sequestration pilot project established under IC 14-39-1.
53	53	15 (4) Pipeline safety.
54	54	16 (5) To monitor or manage the carbon sequestration pilot
55	55	17 project established under IC 14-39-1.
56	56	2025 IN 504—LS 6428/DI 153 2
57	57	1 (b) The director may make expenditures from the fund for
58	58	2 emergency purposes under section 6 of this chapter without the prior
59	59	3 approval of the budget agency or the governor. An expenditure under
60	60	4 this subsection may not exceed fifty thousand dollars ($50,000).
61	61	5 (c) The director may establish a program to reimburse an applicant
62	62	6 for the reasonable expenses of remedial action incurred under
63	63	7 IC 14-37-8-15. The director may make expenditures from the fund for
64	64	8 this purpose and may establish any necessary guidelines and
65	65	9 procedures to administer the program.
66	66	10 SECTION 2. IC 14-39-1-4, AS AMENDED BY P.L.163-2022,
67	67	11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
68	68	12 JULY 1, 2025]: Sec. 4. (a) A carbon dioxide transmission pipeline
69	69	13 company may apply to the department for issuance of a carbon dioxide
70	70	14 transmission pipeline certificate of authority. The department shall
71	71	15 prescribe the form of the application, which must:
72	72	16 (1) include a filing fee of one thousand dollars ($1,000);
73	73	17 (2) be signed by a responsible officer of the company;
74	74	18 (3) include a statement verifying that the information submitted
75	75	19 is true, accurate, and complete to the best of that responsible
76	76	20 officer's knowledge and belief; and
77	77	21 (4) include all information necessary for the department to find
78	78	22 the following:
79	79	23 (A) That the applicant or the contractor or subcontractor of the
80	80	24 applicant has the financial, managerial, and technical ability
81	81	25 to construct, operate, and maintain a carbon dioxide
82	82	26 transmission pipeline in Indiana.
83	83	27 (B) That the applicant has the requisite experience
84	84	28 constructing, operating, and maintaining a transmission
85	85	29 pipeline.
86	86	30 (C) That the applicant has entered into a contract to transport
87	87	31 carbon dioxide by pipeline in Indiana with:
88	88	32 (i) at least one (1) producer of carbon dioxide located in
89	89	33 Indiana; and
90	90	34 (ii) unless all of the carbon dioxide to be transported in the
91	91	35 proposed carbon dioxide transmission pipeline is for the
92	92	36 applicant's own use or account, at least one (1) end user or
93	93	37 storer of carbon dioxide.
94	94	38 (D) That the applicant has provided documentation to the
95	95	39 department showing the proposed length, diameter, and
96	96	40 location of the proposed carbon dioxide transmission pipeline
97	97	41 in Indiana.
98	98	42 (E) That the applicant will construct, operate, and maintain the
99	99	2025 IN 504—LS 6428/DI 153 3
100	100	1 proposed carbon dioxide transmission pipeline in accordance
101	101	2 with applicable local, state, and federal law, including federal
102	102	3 and state safety regulations and rules governing the
103	103	4 construction, operation, and maintenance of carbon dioxide
104	104	5 transmission pipelines, and related facilities and equipment, to
105	105	6 ensure the safety of pipeline employees and the public.
106	106	7 (F) That the applicant has:
107	107	8 (i) entered into an agreement with the Indiana utility
108	108	9 regulatory commission concerning the mitigation of
109	109	10 agricultural impacts associated with the construction of the
110	110	11 proposed carbon dioxide transmission pipeline; or
111	111	12 (ii) signed a statement indicating that the applicant agrees to
112	112	13 use, in connection with the construction of the proposed
113	113	14 carbon dioxide transmission pipeline, the guidelines adopted
114	114	15 under IC 8-1-22.6-8 by the pipeline safety division of the
115	115	16 Indiana utility regulatory commission;
116	116	17 (5) include a risk assessment with respect to the proposed
117	117	18 carbon dioxide transmission pipeline that includes scenario
118	118	19 modeling; and
119	119	20 (6) include an estimate of the amount of carbon dioxide to be
120	120	21 injected into underground strata and formations for the
121	121	22 period of the certificate of authority.
122	122	23 (b) The department shall review an application filed under
123	123	24 subsection (a). Subject to subsection (f), if the department determines
124	124	25 that the application is incomplete or inaccurate, or both, the department
125	125	26 shall return the application to the applicant, informing the applicant in
126	126	27 writing of the applicant's right to file a corrected application with the
127	127	28 department. If the department determines that the application is
128	128	29 complete and accurate, the department shall provide notice to the
129	129	30 applicant of:
130	130	31 (1) that determination; and
131	131	32 (2) the date, time, and location of the public information meeting
132	132	33 to be held under subsection (d).
133	133	34 (c) The applicant shall:
134	134	35 (1) upon receipt of a notice under subsection (b):
135	135	36 (A) place for public inspection a copy of the application in a
136	136	37 public library located in each county in which the carbon
137	137	38 dioxide transmission pipeline is proposed to be located; and
138	138	39 (B) publish notice, in the same manner that would be required
139	139	40 if the applicant were subject to IC 5-3-1, in each county in
140	140	41 which the carbon dioxide transmission pipeline is proposed to
141	141	42 be located, of:
142	142	2025 IN 504—LS 6428/DI 153 4
143	143	1 (i) the name and address of each library in which a copy of
144	144	2 the application is placed under clause (A); and
145	145	3 (ii) the date, time, and location of the public information
146	146	4 meeting to be held under subsection (d);
147	147	5 (2) provide to the department proof of publication of notice under
148	148	6 subdivision (1)(B); and
149	149	7 (3) have a representative present at the public information
150	150	8 meeting held under subsection (d).
151	151	9 (d) The department shall:
152	152	10 (1) conduct a public information meeting in the county seat of one
153	153	11 (1) of the counties, as determined by the department, in which the
154	154	12 proposed carbon dioxide transmission pipeline will be located;
155	155	13 and
156	156	14 (2) provide an opportunity at the meeting for members of the
157	157	15 public to be briefed and to ask questions about the proposed
158	158	16 carbon dioxide transmission pipeline.
159	159	17 (e) Not later than ninety (90) days after the public information
160	160	18 meeting held under subsection (d), the department shall notify the
161	161	19 applicant in writing that:
162	162	20 (1) the department:
163	163	21 (A) has made the findings described in subsection (a)(4); and
164	164	22 (B) has approved the application; or
165	165	23 (2) the department:
166	166	24 (A) has determined that the department is unable to make the
167	167	25 findings described in subsection (a)(4); and
168	168	26 (B) has disapproved the application.
169	169	27 (f) The department shall process a corrected application that is filed
170	170	28 as permitted under subsection (b) in the same manner the department
171	171	29 processes an initially filed application under subsection (a).
172	172	30 (g) If the department fails to act under subsection (e) not later than
173	173	31 ninety (90) days after the public information meeting held under
174	174	32 subsection (d), the application is considered to be approved by the
175	175	33 department.
176	176	34 (h) If:
177	177	35 (1) the department approves the application under subsection
178	178	36 (e)(1); or
179	179	37 (2) the application is considered to be approved as described in
180	180	38 subsection (g);
181	181	39 the department shall issue to the applicant a carbon dioxide
182	182	40 transmission pipeline certificate of authority.
183	183	41 SECTION 3. IC 14-39-1-9, AS AMENDED BY P.L.291-2019,
184	184	42 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
185	185	2025 IN 504—LS 6428/DI 153 5
186	186	1 JULY 1, 2025]: Sec. 9. (a) A carbon dioxide transmission pipeline
187	187	2 company that exercises the authority set forth in section 7(a) of this
188	188	3 chapter shall:
189	189	4 (1) compensate the property owner by making a payment to the
190	190	5 owner equal to:
191	191	6 (A) one hundred twenty-five percent (125%) of the fair market
192	192	7 value of the interest in the property acquired, if the
193	193	8 right-of-way or easement involves agricultural land; or
194	194	9 (B) one hundred fifty percent (150%) of the fair market value
195	195	10 of the interest in the property acquired, if the right-of-way or
196	196	11 easement involves a parcel of property occupied by the owner
197	197	12 as a residence; and
198	198	13 (2) pay to the property owner:
199	199	14 (A) any damages determined under IC 32-24-1; and
200	200	15 (B) any loss incurred in a trade or business;
201	201	16 that are attributable to the exercise of eminent domain.
202	202	17 (b) In determining the compensation to be paid to the owner of
203	203	18 property condemned under this chapter, proof may be offered and
204	204	19 consideration must be given to the present day diminution in value
205	205	20 of the residue of the property, if any, caused by the perceived risk
206	206	21 of a hazardous condition related to the carbon sequestration pilot
207	207	22 project.
208	208	23 SECTION 4. IC 14-39-1-11.5 IS ADDED TO THE INDIANA
209	209	24 CODE AS A NEW SECTION TO READ AS FOLLOWS
210	210	25 [EFFECTIVE JULY 1, 2025]: Sec. 11.5. (a) An operator of a carbon
211	211	26 sequestration pilot project shall pay the department a fee for every
212	212	27 ton of carbon dioxide injected into underground strata and
213	213	28 formations.
214	214	29 (b) An operator of a carbon sequestration pilot project shall pay
215	215	30 annually to the department a fee of eight cents ($0.08) per ton of
216	216	31 carbon dioxide estimated to be injected into underground strata
217	217	32 and formations by:
218	218	33 (1) the estimate provided under section 4(a)(6) of this chapter;
219	219	34 or
220	220	35 (2) another document provided to the department by the
221	221	36 operator.
222	222	37 (c) An operator of a carbon sequestration pilot project shall
223	223	38 reconcile the previous calendar year's payment with the volume of
224	224	39 carbon dioxide actually injected into underground strata and
225	225	40 formations in the previous calendar year. The operator of the
226	226	41 carbon sequestration pilot project shall submit payment for the
227	227	42 amount of carbon dioxide injected into underground strata and
228	228	2025 IN 504—LS 6428/DI 153 6
229	229	1 formations less the amount paid the previous calendar year.
230	230	2 (d) The department shall refund an operator of a carbon
231	231	3 sequestration pilot project any overpayment in the current year
232	232	4 from the previous calendar year.
233	233	5 SECTION 5. IC 14-39-1-12, AS ADDED BY P.L.150-2011,
234	234	6 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
235	235	7 JULY 1, 2025]: Sec. 12. (a) The department shall deposit fee revenue
236	236	8 received under section sections 4(a)(1) and 11.5 of this chapter in the
237	237	9 oil and gas environmental fund established by IC 14-37-10-2.
238	238	10 (b) Fee revenue collected under section 11.5 of this chapter:
239	239	11 (1) may only be used to monitor or manage carbon
240	240	12 sequestration pilot projects approved under this chapter; and
241	241	13 (2) may not be considered for purposes of calculating the total
242	242	14 amount of money in the oil and gas environmental fund under
243	243	15 IC 14-37-10-4(b).
244	244	16 SECTION 6. IC 14-39-1-14, AS ADDED BY P.L.291-2019,
245	245	17 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
246	246	18 JULY 1, 2025]: Sec. 14. (a) Because the public interest would be
247	247	19 served by the state of Indiana succeeding to the rights of a person that
248	248	20 has conducted the underground storage of carbon dioxide, the state of
249	249	21 Indiana, upon the recommendation of the director of the department
250	250	22 and review by the state budget committee, may obtain ownership of:
251	251	23 (1) the carbon dioxide stored in underground strata and
252	252	24 formations; and
253	253	25 (2) the underground strata and formations in which the carbon
254	254	26 dioxide is stored;
255	255	27 from the operator of the carbon sequestration pilot project.
256	256	28 (b) The state of Indiana may obtain ownership of the carbon dioxide
257	257	29 stored in underground strata and formations and the underground strata
258	258	30 and formations in which the carbon dioxide is stored under this section:
259	259	31 (1) after the operator, through the carbon sequestration pilot
260	260	32 project, has injected carbon dioxide into underground strata and
261	261	33 formations for at least twelve (12) years; or
262	262	34 (2) after the operator of the carbon sequestration pilot project
263	263	35 ceases to inject carbon dioxide into underground strata and
264	264	36 formations, if the injection ceases less than twelve (12) years after
265	265	37 it began.
266	266	38 (c) A transfer of ownership under this section does not relieve
267	267	39 the operator of the carbon sequestration pilot project from liability
268	268	40 for any negligence or willful misconduct related to the carbon
269	269	41 sequestration pilot project that occurred before the transfer.
270	270	42 SECTION 7. IC 14-39-1-19 IS ADDED TO THE INDIANA CODE
271	271	2025 IN 504—LS 6428/DI 153 7
272	272	1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
273	273	2 1, 2025]: Sec. 19. The department shall inspect the carbon
274	274	3 sequestration pilot project at reasonable times and to the extent
275	275	4 reasonably necessary to ensure the safety of the carbon
276	276	5 sequestration pilot project.
277	277	6 SECTION 8. IC 14-39-2-4, AS ADDED BY P.L.163-2022,
278	278	7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
279	279	8 JULY 1, 2025]: Sec. 4. (a) If at least two (2) pore space owners own
280	280	9 pore space located within a proposed carbon dioxide storage area of a
281	281	10 storage facility, the owners may agree to integrate their interests to
282	282	11 develop the pore space as a proposed storage facility for the
283	283	12 underground storage of carbon dioxide.
284	284	13 (b) If all of the owners of the pore space under subsection (a) do not
285	285	14 agree to integrate their interests, the department may issue an order
286	286	15 requiring the owners to integrate their interests and to develop the pore
287	287	16 space as a proposed storage facility for the underground storage of
288	288	17 carbon dioxide to serve the public interest subject to the findings under
289	289	18 subsection (c).
290	290	19 (c) Before issuing an order under subsection (b), the department
291	291	20 must make the following findings:
292	292	21 (1) That a storage operator has been issued a UIC Class VI permit
293	293	22 or an amended UIC Class VI permit.
294	294	23 (2) That the storage operator has made a good faith effort to
295	295	24 obtain the consent of all pore space owners located within the
296	296	25 proposed storage facility.
297	297	26 (3) That the storage operator has obtained the consent of the
298	298	27 owners of the pore space underlying at least seventy percent
299	299	28 (70%) of the surface area above the proposed storage facility or
300	300	29 amended proposed storage facility.
301	301	30 (3) That the storage operator has obtained both the consent
302	302	31 required under STEP THREE (i) and the consent required
303	303	32 under STEP THREE (ii) of the following formula:
304	304	33 STEP ONE: Determine the total amount of pore space
305	305	34 located within the proposed storage facility or amended
306	306	35 proposed storage facility.
307	307	36 STEP TWO: Determine the amount of pore space that is:
308	308	37 (i) located within the proposed storage facility or
309	309	38 amended proposed storage facility; and
310	310	39 (ii) owned by a resident of the county in which the
311	311	40 proposed storage facility or amended proposed storage
312	312	41 facility is located.
313	313	42 STEP THREE: The storage operator must obtain both of
314	314	2025 IN 504—LS 6428/DI 153 8
315	315	1 the following:
316	316	2 (i) Consent from county resident owners of at least
317	317	3 seventy percent (70%) of the pore space determined
318	318	4 under STEP TWO.
319	319	5 (ii) Consent from the owners of at least seventy percent
320	320	6 (70%) of the total amount of pore space determined
321	321	7 under STEP ONE.
322	322	8 (4) That all pore space owners who do not agree to integrate their
323	323	9 interests to develop the pore space as a proposed storage facility
324	324	10 for the underground storage of carbon dioxide are equitably
325	325	11 compensated.
326	326	12 (d) A right to pore space granted by this section does not confer a
327	327	13 right to enter upon, or otherwise use, the surface of the land which is
328	328	14 integrated under this section unless provided in an order requiring the
329	329	15 owners to integrate their interests and to develop the pore space as a
330	330	16 proposed storage facility for the underground storage of carbon
331	331	17 dioxide.
332	332	18 SECTION 9. IC 32-24-5-2, AS AMENDED BY P.L.291-2019,
333	333	19 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
334	334	20 JULY 1, 2025]: Sec. 2. (a) As used in this section, "favored
335	335	21 proceeding" means a proceeding under this chapter to:
336	336	22 (1) acquire the right to explore and examine a subsurface
337	337	23 stratum or formation in land; and
338	338	24 (2) create the right of ingress and egress for operations
339	339	25 connected to the acquisition.
340	340	26 (a) (b) A person, firm, limited liability company, municipal
341	341	27 corporation, or other corporation authorized to do business in Indiana
342	342	28 and engaged in the business of transporting or distributing gas by
343	343	29 means of pipelines into, within, or through Indiana for ultimate public
344	344	30 use may condemn:
345	345	31 (1) land subsurface strata or formations;
346	346	32 (2) other necessary land rights;
347	347	33 (3) land improvements and fixtures, in or on land, except
348	348	34 buildings of any nature; and
349	349	35 (4) the use and occupation of land subsurface strata or formations;
350	350	36 for constructing, maintaining, drilling, utilizing, and operating an
351	351	37 underground gas storage reservoir.
352	352	38 (b) (c) The operator of the carbon sequestration pilot project
353	353	39 established under IC 14-39-1 may exercise the power of eminent
354	354	40 domain to obtain:
355	355	41 (1) ownership of such underground strata and formations located
356	356	42 under the surface of the owner's property as may be necessary or
357	357	2025 IN 504—LS 6428/DI 153 9
358	358	1 useful for underground storage of carbon dioxide in the strata or
359	359	2 formations; and
360	360	3 (2) ownership or other rights to one (1) or more areas of the
361	361	4 surface of the owner's property, including but not limited to one
362	362	5 (1) or more rights-of-way or easements, as may be necessary or
363	363	6 useful for constructing, maintaining, using, operating, and gaining
364	364	7 access to monitoring facilities required by the United States
365	365	8 Environmental Protection Agency for the underground storage of
366	366	9 carbon dioxide.
367	367	10 (c) (d) The following rights in land may be condemned for use in
368	368	11 connection with the underground storage of gas:
369	369	12 (1) To drill and operate wells in and on land.
370	370	13 (2) To install and operate pipelines.
371	371	14 (3) To install and operate equipment, machinery, fixtures, and
372	372	15 communication facilities.
373	373	16 (4) To create ingress and egress to explore and examine
374	374	17 subsurface strata or underground formations.
375	375	18 (5) To create ingress and egress to construct, alter, repair,
376	376	19 maintain, and operate an underground storage reservoir.
377	377	20 (6) To exclusively use any subsurface strata condemned.
378	378	21 (7) To remove and reinstall pipe and other equipment used in
379	379	22 connection with rights condemned under subdivisions (1) through
380	380	23 (6).
381	381	24 (d) (e) Acquisition of subsurface rights in land for gas storage
382	382	25 purposes or for purposes of the carbon sequestration pilot project
383	383	26 established under IC 14-39-1 by condemnation under this section must
384	384	27 be without prejudice to any subsequent proceedings that may be
385	385	28 necessary under this section to acquire additional subsurface rights in
386	386	29 the same land for use in connection with the underground storage.
387	387	30 Surface rights in land necessary for the accomplishment of the
388	388	31 purposes set forth in this section may be condemned.
389	389	32 (e) (f) Except with respect to a proceeding under this chapter to:
390	390	33 (1) acquire the right to explore and examine a subsurface stratum
391	391	34 or formation in land; and
392	392	35 (2) create the right of ingress and egress for operations connected
393	393	36 to the acquisition;
394	394	37 favored proceeding and subject to subsection (f), (h), as a condition
395	395	38 precedent to the exercise of the right to condemn any underground
396	396	39 stratum, formation, or interest reasonably expected to be used or useful
397	397	40 for underground gas storage, or for purposes of the carbon
398	398	41 sequestration pilot project established under IC 14-39-1, a condemnor
399	399	42 first must have acquired by purchase, option, lease, or other a method
400	400	2025 IN 504—LS 6428/DI 153 10
401	401	1 not involving condemnation, the right, or right upon the exercise of an
402	402	2 option, if any, to store gas in at least sixty per cent percent (60%) of
403	403	3 the stratum or formation. This must be computed in relation to the total
404	404	4 surface acreage overlying the entire stratum or formation considered
405	405	5 useful for the purpose.
406	406	6 (g) Except with respect to a favored proceeding and subject to
407	407	7 subsection (h), as a condition precedent to the exercise of the right
408	408	8 to condemn any underground stratum, formation, or interest
409	409	9 reasonably expected to be used for purposes of the carbon
410	410	10 sequestration pilot project established under IC 14-39-1, a
411	411	11 condemnor first must have obtained both the consent required
412	412	12 under STEP THREE (i) and the consent required under STEP
413	413	13 THREE (ii) of the following formula:
414	414	14 STEP ONE: Determine the total size of the stratum or
415	415	15 formation.
416	416	16 STEP TWO: Determine the percentage of stratum or
417	417	17 formation that is owned by a resident of the county in which
418	418	18 the stratum or formation is located.
419	419	19 STEP THREE: The condemnor must obtain both of the
420	420	20 following by a method not involving condemnation:
421	421	21 (i) Consent from county resident owners of at least sixty
422	422	22 percent (60%) of the stratum or formation determined
423	423	23 under STEP TWO to store gas in the stratum or
424	424	24 formation.
425	425	25 (ii) Consent from the owners of at least sixty percent (60%)
426	426	26 of the total stratum or formation determined under STEP
427	427	27 ONE to store gas in the stratum or formation.
428	428	28 In making a calculation under this subsection, the percentage of
429	429	29 stratum or formation acquired must be computed in relation to the
430	430	30 total surface acreage overlying the entire stratum or formation
431	431	31 considered useful for the purpose.
432	432	32 (f) (h) A tract under which the stratum or formation sought to be
433	433	33 condemned is owned by two (2) or more persons, firms, limited
434	434	34 liability companies, or corporations must be credited to the condemnor
435	435	35 as acquired by it for the purpose of computing the percentage of
436	436	36 acreage acquired by the condemnor in complying with the requirement
437	437	37 of subsection (e) subsections (f) and (g) if the condemnor acquires
438	438	38 from the owner or owners of an undivided three-fourths (3/4) part or
439	439	39 interest or more of the underground stratum or formation, by purchase,
440	440	40 option, lease, or other method not involving condemnation, the right,
441	441	41 or right upon the exercise of an option, if any, to store gas in the
442	442	42 stratum or formation. It is not necessary for the condemnor to have
443	443	2025 IN 504—LS 6428/DI 153 11
444	444	1 acquired any interest in the property in which the condemnee has an
445	445	2 interest before instituting a proceeding under this chapter.
446	446	2025 IN 504—LS 6428/DI 153