reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-1. "Carbon Dioxide"

Sec. 1. As used in this chapter, "carbon dioxide" means a fluid consisting of more than ninety percent (90%) carbon dioxide molecules.
As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-2. "Carbon Dioxide Transmission Pipeline"

Sec. 2. As used in this chapter, "carbon dioxide transmission pipeline" means the part of a pipeline in Indiana, including appurtenant facilities, property rights, and easements, that is used exclusively for the purpose of transporting carbon dioxide to a carbon management application, including sequestration, enhanced oil recovery, and deep saline injection, within or outside Indiana.
As added by P.L.150-2011, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-2.4. "Carbon Sequestration Pilot Project"

Sec. 2.4. As used in this chapter, "carbon sequestration pilot project" refers to the pilot project described in section 3.5 of this chapter.
As added by P.L.291-2019, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-2.5. "Underground Storage of Carbon Dioxide"

Sec. 2.5. As used in this chapter, "underground storage of carbon dioxide" means the injection of carbon dioxide into, and storage of carbon dioxide in, underground strata and formations at the site of the carbon sequestration pilot project, as described in section 3.5 of this chapter, pursuant to one (1) or more federal permits issued by the United States Environmental Protection Agency.
As added by P.L.291-2019, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-2.6. "Person"

Sec. 2.6. As used in this chapter, "person" includes a political body, a corporate body, and the state of Indiana.
As added by P.L.53-2023, SEC.1.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-2.7. "Pore Space"

Sec. 2.7. As used in this chapter, "pore space" means subsurface cavities or voids that can be used as a storage space for carbon dioxide.
As added by P.L.53-2023, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-3. Declaration That Pipeline Transportation and Underground Storage of Carbon Dioxide Are in the Public Interest

Sec. 3. Because:
(1) the movement of carbon dioxide conducted for:
(A) a person's own use or account; or
(B) the use or account of another person or persons;
by pipeline in Indiana for carbon management applications can assist efforts to reduce carbon dioxide emissions; and
(2) the underground storage of carbon dioxide can assist efforts to reduce carbon dioxide emissions;
the use of carbon dioxide transmission pipelines, including their routing, construction, maintenance, and operation, and the underground storage of carbon dioxide are declared as a matter of legislative determination to be a public use and service, in the public interest, and a benefit to the welfare and people of Indiana.
As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-3.5. Carbon Sequestration Pilot Project

Sec. 3.5. (a) This chapter authorizes the establishment of a carbon sequestration pilot project:
(1) that will:
(A) capture carbon dioxide at the proposed ammonia plant to be located at 444 West Sandford Avenue, West Terre Haute, Indiana;
(B) construct, operate, or use not more than two (2) carbon dioxide pipelines;
(C) maintain operations only in Vigo and Vermillion counties; and
(D) inject the carbon dioxide underground through one (1) or more injection wells pursuant to a Class VI well permit issued by the United States Environmental Protection Agency; and
(2) that will employ the underground storage of carbon dioxide as an alternative to releasing the carbon dioxide into the air.
(b) The director shall designate the operator of the carbon sequestration pilot project according to the characteristics of the pilot project set forth in subsection (a) not more than thirty (30) days after the Class VI well permit referred to in subsection (a)(1)(D) is issued by the United States Environmental Protection Agency.
(c) This section expires July 1, 2028, if the operator of the carbon sequestration pilot project designated under subsection (b) according to the characteristics set forth in subsection (a) is not issued a Class VI permit by the United States Environmental Protection Agency under 40 CFR 146 subpart H by July 1, 2028.
As added by P.L.291-2019, SEC.5. Amended by P.L.53-2023, SEC.3.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-5. Confidential Information

Sec. 5. (a) Except as provided in subsection (b), if a carbon dioxide transmission pipeline company files with the department a verified certificate stating the reasons that the designation of confidential information is necessary, the carbon dioxide transmission pipeline company may designate information that it submits in an application to the department, or in subsequent reports, as trade secret or confidential and proprietary information.
(b) Subsection (a) does not apply to information referred to in section 4(a)(4)(D) of this chapter.
(c) The department shall exercise all necessary caution to avoid public disclosure of confidential information designated under subsection (a).
As added by P.L.150-2011, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-6. Issuing a Certificate of Authority

Sec. 6. A certificate of authority issued by the department under this chapter must include at least the following:
(1) A grant of authority to construct and operate a carbon dioxide transmission pipeline as requested in the application.
(2) A grant of authority to use, occupy, and construct pipeline facilities in any designated public right-of-way for the construction and operation of the carbon dioxide transmission pipeline.
(3) A grant of authority to take and acquire possession by eminent domain of any property or interest in property for the construction, maintenance, or operation of a carbon dioxide transmission pipeline in the manner provided for the exercise of the power of eminent domain under sections 7, 8, and 9 of this chapter.
As added by P.L.150-2011, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-7. Right of Pipeline Company or Pilot Project Operator to Use Eminent Domain

Sec. 7. (a) If a carbon dioxide transmission pipeline company has received a carbon dioxide transmission pipeline certificate of authority from the department under this chapter and is not able to reach an agreement with a property owner for the construction, operation, and maintenance of the carbon dioxide transmission pipeline on the owner's property, the company may proceed to condemn a right-of-way or an easement necessary or useful for:
(1) constructing, maintaining, using, operating, and gaining access to a carbon dioxide transmission pipeline and all necessary machinery, equipment, pumping stations, appliances, and fixtures for use in connection with the carbon dioxide transmission pipeline; and
(2) obtaining all necessary rights of ingress and egress to construct, examine, alter, repair, maintain, operate, or remove a carbon dioxide transmission pipeline and all of its component parts.
(b) If the operator of the carbon sequestration pilot project is not able to reach an agreement with an owner of property to acquire:
(1) ownership of underground strata or formations located under the surface of the property for purposes of the underground storage of carbon dioxide; or
(2) ownership or other rights to one (1) or more areas of the surface of the property for purposes of establishing and operating monitoring facilities required by the United States Environmental Protection Agency for the underground storage of carbon dioxide;
that are needed for the carbon sequestration pilot project, the operator of the carbon sequestration pilot project may exercise the power of eminent domain under IC 32-24-1 and IC 32-24-5 to make the needed acquisition.
As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.6.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-8. Applicable Eminent Domain Statutes

Sec. 8. (a) Except as otherwise provided in this chapter, IC 32-24-1 applies to the condemnation of property under section 7(a) of this chapter by a carbon dioxide transmission pipeline company.
(b) IC 32-24-5 and (pursuant to IC 32-24-5-5) IC 32-24-1 apply to the condemnation of property under section 7(b) of this chapter by the operator of the carbon sequestration pilot project, strictly for purposes of the carbon sequestration pilot project.
As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.7.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-9. Compensation for Exercise of Eminent Domain by Pipeline Company

Sec. 9. A carbon dioxide transmission pipeline company that exercises the authority set forth in section 7(a) of this chapter shall:
(1) compensate the property owner by making a payment to the owner equal to:
(A) one hundred twenty-five percent (125%) of the fair market value of the interest in the property acquired, if the right-of-way or easement involves agricultural land; or
(B) one hundred fifty percent (150%) of the fair market value of the interest in the property acquired, if the right-of-way or easement involves a parcel of property occupied by the owner as a residence; and
(2) pay to the property owner:
(A) any damages determined under IC 32-24-1; and
(B) any loss incurred in a trade or business;
that are attributable to the exercise of eminent domain.
As added by P.L.150-2011, SEC.18. Amended by P.L.291-2019, SEC.8.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-10. Disclosure of Pipeline's Actual Route

Sec. 10. Not later than one hundred eighty (180) days after the completion of a carbon dioxide transmission pipeline for which the department has issued a certificate of authority under this chapter, the carbon dioxide transmission pipeline company shall provide maps and other documentation to the department showing the actual route in Indiana of the carbon dioxide transmission pipeline.
As added by P.L.150-2011, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-11. Administrative Review

Sec. 11. A determination of the department under section 4(e)(2) of this chapter is subject to administrative review under IC 4-21.5.
As added by P.L.150-2011, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-12. Disposition of Fee Revenue Generated

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.
As added by P.L.150-2011, SEC.18.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-14. Possible State Assumption of Ownership From Pilot Project Operator

Sec. 14. (a) Because the public interest would be served by the state of Indiana succeeding to the rights of a person that has conducted the underground storage of carbon dioxide, the state of Indiana, upon the recommendation of the director of the department and review by the state budget committee, may obtain ownership of:
(1) the carbon dioxide stored in underground strata and formations; and
(2) the underground strata and formations in which the carbon dioxide is stored;
from the operator of the carbon sequestration pilot project.
(b) The state of Indiana may obtain ownership of the carbon dioxide stored in underground strata and formations and the underground strata and formations in which the carbon dioxide is stored under this section:
(1) after the operator, through the carbon sequestration pilot project, has injected carbon dioxide into underground strata and formations for at least twelve (12) years; or
(2) after the operator of the carbon sequestration pilot project ceases to inject carbon dioxide into underground strata and formations, if the injection ceases less than twelve (12) years after it began.
As added by P.L.291-2019, SEC.10.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-15. No Effect Upon Oil, Gas, and Coal

Sec. 15. (a) Notwithstanding any other law, nothing in this chapter may be construed to apply to extractable mineral resources.
(b) The rights and requirements of this chapter:
(1) are subordinate to the rights pertaining to oil, gas, and coal reserves; and
(2) shall in no way adversely affect oil, gas, and coal reserves.
(c) Notwithstanding any other law, nothing in this chapter may be construed to preclude the rights provided under IC 14-37-9.
As added by P.L.291-2019, SEC.11.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-16. Title to the Pore Space; Exception

Sec. 16. For purposes of the operation of the carbon sequestration pilot project under this chapter, the title to the pore space is vested in the person who holds in fee simple the surface interest in the land or water as identified by the property records of the county, unless another person has been explicitly conveyed, excepted, or reserved through a recorded conveyance document a right to use the pore space in a manner inconsistent with the carbon sequestration pilot project.
As added by P.L.53-2023, SEC.4.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 1. Eminent Domain for Pipeline Transportation or Underground Storage of Carbon Dioxide › 14-39-1-17. Duty to Provide Notice and Make a Written Offer for Compensation; Requirements for an Offer to Compensate

Sec. 17. (a) Before the anticipated migration of carbon dioxide as predicted by the testing and monitoring activities pursuant to the Class VI permit issued to the carbon sequestration pilot project, the pilot project operator shall:
(1) notify:
(A) the person who owns the pore space in fee simple; or
(B) any person with a right by a recorded conveyance document to use the pore space;
of the anticipated migration of the carbon dioxide; and
(2) make an offer of compensation in writing:
(A) to the person identified in subdivision (1)(A) to acquire, lease, or occupy the pore space; or
(B) to a person identified in subdivision (1)(B) for any diminution in the rights that the person has acquired to use the pore space.
(b) An offer of compensation required by subsection (a)(2), with respect to a parcel, must be a yearly payment of forty percent (40%) of the average estimated cash rent per acre for the area of Indiana and the average class of land, according to the Farmland Values & Cash Rents Survey Results published by Purdue University most recently before the offer of compensation is made, every year until the cessation of injection of carbon dioxide.
As added by P.L.53-2023, SEC.5.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-1. Applicability

Sec. 1. (a) Except as otherwise provided in this chapter, this chapter does not apply to extractable mineral resources.
(b) Except as otherwise provided in this chapter, this chapter does not preclude the exercise of rights provided by IC 14-37-9.
(c) Except as otherwise provided in this chapter, this chapter applies to the underground storage of carbon dioxide.
(d) The rights and requirements of this chapter:
(1) are subordinate to the rights pertaining to oil, gas, and coal resources; and
(2) may not adversely affect oil, gas, and coal resources, except as is strictly necessary to construct and maintain a carbon sequestration project that will provide for the permanent storage of carbon dioxide.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-3. Rights to Pore Space

Sec. 3. (a) Before July 1, 2022, this chapter does not alter, amend, diminish, or invalidate ownership of the pore space of real property that has been divided into a surface estate and a mineral estate where ownership of the pore space was acquired or reserved by conveyance document. Any ownership rights to pore space that were not expressly or by implication acquired or reserved by conveyance document remain vested in the surface estate.
(b) After June 30, 2022, the ownership of pore space is vested in the surface estate of real property that is divided into a surface estate and a mineral estate unless such rights are explicitly acquired by conveyance document.
(c) This chapter does not alter, amend, diminish, or invalidate common law established prior to July 1, 2022, regarding the rights to or dominance of a mineral estate, or the implied or express right of a mineral owner or mineral lessee for the use of pore space.
(d) A grant of:
(1) an easement to use; or
(2) a lease of pore space;
for carbon sequestration is in perpetuity if specified by an easement or lease. Unless an individual who obtains an easement or lease operates carbon dioxide injection not later than twenty (20) years after obtaining the easement or lease, interest shall lapse, extinguish, and revert to the owner of the surface estate.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-4. Integration of Interests to Develop Pore Space

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.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-5. Authorization of Carbon Sequestration Projects

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 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).
(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 an agreement under section 4 of this chapter.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-6. Application; Return of Incomplete Application; Requirements of a Corrected Application

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 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; and
(2) provide to the department proof of publication of notice under this subsection not more than thirty (30) days after the publication 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.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-7. Issuance of a Carbon Sequestration Project Permit

Sec. 7. If the department approves an application under section 5 of this chapter or a corrected application under section 6(c) of this chapter, the department shall issue to the applicant a carbon sequestration project permit.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-8. Public Disclosure of Confidential Information by the Department

Sec. 8. (a) Except as provided in subsection (b), if a storage operator or an applicant files a verified statement to the department stating the reasons that trade secret or confidential and proprietary information should be disclosed, the storage operator or applicant may disclose the trade secret or confidential and proprietary information to the department, or in subsequent reports.
(b) The department shall take all necessary precautions to avoid public disclosure of confidential information under subsection (a).
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-9. Payment to the Department a Fee for Carbon Dioxide Storage

Sec. 9. (a) A storage operator shall pay the department a fee for every 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) A storage operator shall pay annually to the department a fee of eight cents ($0.08) per ton of carbon dioxide estimated to be injected into a storage facility.
(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.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-10. Establishment of Carbon Dioxide Storage Facility Trust Fund

Sec. 10. (a) The carbon dioxide storage facility trust fund is established.
(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.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-11. Drilling a Well

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 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.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-12. Recovery of Public Utility; Claim of Subsurface Trespass

Sec. 12. (a) Nothing in this section prohibits recovery by a public utility for any impact on a source of the public water supply from a carbon sequestration project.
(b) A claim of subsurface trespass shall not be actionable against a storage operator conducting carbon sequestration in accordance with a valid UIC Class VI permit and a permit issued by the department for a carbon sequestration project, unless the claimant proves that injection or migration of carbon dioxide:
(1) is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property; or
(2) has caused direct physical injury to a person, an animal, or tangible property.
(c) A surface or subsurface property interest holder shall be permitted to recover money damages only for the loss of a nonspeculative value resulting from the injection and migration of carbon dioxide beyond the storage facility.
(d) A surface or subsurface property interest holder may seek punitive damages in accordance with IC 34-51-3-4 only if the storage operator violates the requirements of the UIC Class VI permit or acts with reckless disregard of public safety.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 39. Carbon Dioxide › Chapter 2. Underground Storage of Carbon Dioxide › 14-39-2-14. Applicability; Carbon Sequestration Pilot Project

Sec. 14. This chapter does not apply to the carbon sequestration pilot project established pursuant to IC 14-39-1.
As added by P.L.163-2022, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 10. Effect of Recodification of Title 15 › Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly › 15-10-1-1. "Prior Law"

Sec. 1. As used in this chapter, "prior law" refers to the statutes concerning agriculture and animals that are repealed or amended in the recodification act of the 2008 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2008 regular session of the general assembly. The term includes statutes that are recodified outside this title by the recodification act of the 2008 regular session of the general assembly, such as law related to veterinarians and destruction of animals.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 10. Effect of Recodification of Title 15 › Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly › 15-10-1-2. Purpose of Recodification

Sec. 2. The purpose of the recodification act of the 2008 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:
(1) the recodification act of the 2008 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2008 regular session of the general assembly; or
(2) the minutes of meetings of the code revision commission during 2007 expressly indicate a different purpose;
the substantive operation and effect of the prior law continue uninterrupted as if the recodification act of the 2008 regular session of the general assembly had not been enacted.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 10. Effect of Recodification of Title 15 › Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly › 15-10-1-3. Statutory Construction of Recodification

Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2008 regular session of the general assembly.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 10. Effect of Recodification of Title 15 › Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly › 15-10-1-4. Effect of Recodification

Sec. 4. (a) The recodification act of the 2008 regular session of the general assembly does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;
(6) any tax levies made or authorized;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of any contracts, easements, or leases executed;
(10) the validity, continuation, scope, termination, suspension, or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;
before the effective date of the recodification act of the 2008 regular session of the general assembly (July 1, 2008). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2008 regular session of the general assembly had not been enacted.
(b) The recodification act of the 2008 regular session of the general assembly does not:
(1) extend or cause to expire a permit, license, certificate of registration, or other grant or limitation of authority; or
(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;
issued under the prior law.
(c) The recodification act of the 2008 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior law or the rules adopted under the prior law.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 10. Effect of Recodification of Title 15 › Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly › 15-10-1-5. Recodification of Prior Law

Sec. 5. The recodification act of the 2008 regular session of the general assembly shall be construed as a recodification of prior law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2008 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:
(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2008 regular session of the general assembly; or
(2) using any other rule of statutory construction;
as necessary or appropriate to apply the recodification act of the 2008 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 2008 regular session of the general assembly to the extent that the recodification act of the 2008 regular session of the general assembly is not substantively identical to the prior law.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 10. Effect of Recodification of Title 15 › Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly › 15-10-1-6. References to Repealed Statutes

Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2008 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 10. Effect of Recodification of Title 15 › Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly › 15-10-1-7. References to Citations

Sec. 7. A citation reference in the recodification act of the 2008 regular session of the general assembly to another provision of the recodification act of the 2008 regular session of the general assembly shall be treated as including a reference to the provision of prior law that is substantively equivalent to the provision of the recodification act of the 2008 regular session of the general assembly that is referred to by the citation reference.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 10. Effect of Recodification of Title 15 › Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly › 15-10-1-8. References to Prior Rules

Sec. 8. (a) As used in the recodification act of the 2008 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2008 regular session of the general assembly refers to either:
(1) rules adopted under the recodification act of the 2008 regular session of the general assembly; or
(2) rules adopted under the prior law until those rules have been amended, repealed, or superseded.
(b) Rules adopted under the prior law continue in effect after June 30, 2008, until the rules are amended, repealed, or suspended.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 10. Effect of Recodification of Title 15 › Chapter 1. Effect of Recodification by the Act of the 2008 Regular Session of the General Assembly › 15-10-1-9. References to Prior Law

Sec. 9. (a) A reference in the recodification act of the 2008 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2008 regular session of the general assembly only as an aid to the reader.
(b) The inclusion or omission in the recodification act of the 2008 regular session of the general assembly of a reference to a citation in the prior law before its repeal does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;
(6) any tax levies made;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of contracts, easements, or leases executed;
(10) the validity, continuation, scope, termination, suspension, or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;
before the effective date of the recodification act of the 2008 regular session of the general assembly (July 1, 2008). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2008 regular session of the general assembly had not been enacted.
(c) The inclusion or omission in the recodification act of the 2008 regular session of the general assembly of a citation to a provision in the prior law does not affect the use of a prior conviction, violation, or noncompliance under the prior law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2008 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2008 regular session of the general assembly in a manner that does not result in a substantive change in the law.
[2008 Recodification Citation: New.]
As added by P.L.2-2008, SEC.1.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 11. Department of Agriculture › Chapter 1. Definitions › 15-11-1-2. "Department"

Sec. 2. "Department" refers to the Indiana state department of agriculture established by IC 15-11-2-1.
[Pre-2008 Recodification Citations: part formerly 4-4-3.2-1(a); 15-9-1-2.]
As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.24.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 11. Department of Agriculture › Chapter 1. Definitions › 15-11-1-3. "Director"

Sec. 3. "Director" refers to the director of the Indiana state department of agriculture appointed under IC 15-11-3-1.
[Pre-2008 Recodification Citations: part formerly 4-4-3.3-1; 15-9-1-3.]
As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.25.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 11. Department of Agriculture › Chapter 1. Definitions › 15-11-1-4. "Division"

Sec. 4. "Division" refers to the division of soil conservation established by IC 15-11-4-1.
[Pre-2008 Recodification Citation: 15-9-1-4.]
As added by P.L.2-2008, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 11. Department of Agriculture › Chapter 1. Definitions › 15-11-1-5. "Secretary"

Sec. 5. "Secretary" refers to the lieutenant governor as secretary of agriculture and rural development as provided in IC 4-4-2.3.
[Pre-2008 Recodification Citation: 15-9-1-5.]
As added by P.L.2-2008, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 11. Department of Agriculture › Chapter 2. Establishment of the Department › 15-11-2-1. Indiana State Department of Agriculture Established

Sec. 1. The Indiana state department of agriculture is established.
[Pre-2008 Recodification Citation: 15-9-2-1.]
As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.26.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 11. Department of Agriculture › Chapter 2. Establishment of the Department › 15-11-2-2. Director's Authority

Sec. 2. The director is the chief executive and administrative officer of the department.
[Pre-2008 Recodification Citation: 15-9-2-2.]
As added by P.L.2-2008, SEC.2.
2023 Indiana Code › Title 15. Agriculture and Animals › Article 11. Department of Agriculture › Chapter 2. Establishment of the Department › 15-11-2-3. Duties of the Department

Sec. 3. (a) As used in this section, "biomass" means agriculturally based sources of renewable energy, including the following:
(1) Agricultural crops.
(2) Agricultural wastes and residues.
(3) Wood and wood byproducts, including the following:
(A) Wood residue.
(B) Forest thinning.
(C) Mill residue wood.
(4) Animal wastes.
(5) Animal byproducts.
(6) Aquatic plants.
(7) Algae.
The term does not include waste from construction and demolition.
(b) The department shall do the following:
(1) Provide administrative and staff support for the following:
(A) The state fair board for purposes of carrying out the director's duties under IC 15-13-5.
(B) The Indiana corn marketing council for purposes of administering the duties of the director under IC 15-15-12.
(C) The Indiana dairy industry development board for purposes of administering the duties of the director under IC 15-18-5.
(D) The Indiana land resources council under IC 15-12-5.
(E) The Indiana grain buyers and warehouse licensing agency under IC 26-3-7.
(F) The Indiana grain indemnity corporation under IC 26-4-3.
(G) The division.
(2) Administer the election of state fair board members under IC 15-13-5.
(3) Administer state programs and laws promoting agricultural trade.
(4) Administer state livestock or agriculture marketing grant programs.
(5) Administer economic development efforts for agriculture by doing the following:
(A) Promoting value added agricultural resources.
(B) Marketing Indiana agriculture to businesses internationally.
(C) Assisting Indiana agricultural businesses with developing partnerships with the Indiana economic development corporation.
(D) Soliciting private funding for selective economic development and trade initiatives.
(E) Providing for the orderly economic development and growth of Indiana's agricultural economy.
(F) Facilitating the use of biomass and algae production systems to generate renewable energy.
(6) Carry out the department's duties under IC 23-15-12.
[Pre-2008 Recodification Citation: 15-9-2-3.]
As added by P.L.2-2008, SEC.2. Amended by P.L.120-2008, SEC.27; P.L.71-2009, SEC.3; P.L.95-2010, SEC.2; P.L.109-2015, SEC.35; P.L.97-2017, SEC.2; P.L.9-2018, SEC.1.