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 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 UIC Class VI permit or an amended UIC Class VI permit.
(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.
As added by P.L.163-2022, SEC.2.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Chapter 2. Underground Storage of Carbon Dioxide
14-39-2-3. Rights to Pore Space
14-39-2-4. Integration of Interests to Develop Pore Space
14-39-2-5. Authorization of Carbon Sequestration Projects
14-39-2-6. Application; Return of Incomplete Application; Requirements of a Corrected Application
14-39-2-7. Issuance of a Carbon Sequestration Project Permit
14-39-2-8. Public Disclosure of Confidential Information by the Department
14-39-2-9. Payment to the Department a Fee for Carbon Dioxide Storage
14-39-2-10. Establishment of Carbon Dioxide Storage Facility Trust Fund
14-39-2-12. Recovery of Public Utility; Claim of Subsurface Trespass
14-39-2-13. Certificate of Project Completion; Issuance; Requirements
14-39-2-14. Applicability; Carbon Sequestration Pilot Project