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 › 14-39-1-4. Application for Certificate of Authority; Review; Public Information Meeting; Approval Procedure

Sec. 4. (a) A carbon dioxide transmission pipeline company may apply to the department for issuance of a carbon dioxide transmission pipeline certificate of authority. The department shall prescribe the form of the application, which must:
(1) include a filing fee of one thousand dollars ($1,000);
(2) be signed by a responsible officer of the company;
(3) include a statement verifying that the information submitted is true, accurate, and complete to the best of that responsible officer's knowledge and belief; and
(4) include all information necessary for the department to find the following:
(A) That the applicant or the contractor or subcontractor of the applicant has the financial, managerial, and technical ability to construct, operate, and maintain a carbon dioxide transmission pipeline in Indiana.
(B) That the applicant has the requisite experience constructing, operating, and maintaining a transmission pipeline.
(C) That the applicant has entered into a contract to transport carbon dioxide by pipeline in Indiana with:
(i) at least one (1) producer of carbon dioxide located in Indiana; and
(ii) unless all of the carbon dioxide to be transported in the proposed carbon dioxide transmission pipeline is for the applicant's own use or account, at least one (1) end user or storer of carbon dioxide.
(D) That the applicant has provided documentation to the department showing the proposed length, diameter, and location of the proposed carbon dioxide transmission pipeline in Indiana.
(E) That the applicant will construct, operate, and maintain the proposed carbon dioxide transmission pipeline in accordance with applicable local, state, and federal law, including federal and state safety regulations and rules governing the construction, operation, and maintenance of carbon dioxide transmission pipelines, and related facilities and equipment, to ensure the safety of pipeline employees and the public.
(F) That the applicant has:
(i) entered into an agreement with the Indiana utility regulatory commission concerning the mitigation of agricultural impacts associated with the construction of the proposed carbon dioxide transmission pipeline; or
(ii) signed a statement indicating that the applicant agrees to use, in connection with the construction of the proposed carbon dioxide transmission pipeline, the guidelines adopted under IC 8-1-22.6-8 by the pipeline safety division of the Indiana utility regulatory commission.
(b) The department shall review an application filed under subsection (a). Subject to subsection (f), if the department determines that the application is incomplete or inaccurate, or both, the department shall return the application to the applicant, informing the applicant in writing of the applicant's right to file a corrected application with the department. If the department determines that the application is complete and accurate, the department shall provide notice to the applicant of:
(1) that determination; and
(2) the date, time, and location of the public information meeting to be held under subsection (d).
(c) The applicant shall:
(1) upon receipt of a notice under subsection (b):
(A) place for public inspection a copy of the application in a public library located in each county in which the carbon dioxide transmission pipeline is proposed to be located; and
(B) publish notice, in the same manner that would be required if the applicant were subject to IC 5-3-1, in each county in which the carbon dioxide transmission pipeline is proposed to be located, of:
(i) the name and address of each library in which a copy of the application is placed under clause (A); and
(ii) the date, time, and location of the public information meeting to be held under subsection (d);
(2) provide to the department proof of publication of notice under subdivision (1)(B); and
(3) have a representative present at the public information meeting held under subsection (d).
(d) The department shall:
(1) conduct a public information meeting in the county seat of one (1) of the counties, as determined by the department, in which the proposed carbon dioxide transmission pipeline will be located; and
(2) provide an opportunity at the meeting for members of the public to be briefed and to ask questions about the proposed carbon dioxide transmission pipeline.
(e) Not later than ninety (90) days after the public information meeting held under subsection (d), the department shall notify the applicant in writing that:
(1) the department:
(A) has made the findings described in subsection (a)(4); and
(B) has approved the application; or
(2) the department:
(A) has determined that the department is unable to make the findings described in subsection (a)(4); and
(B) has disapproved the application.
(f) The department shall process a corrected application that is filed as permitted under subsection (b) in the same manner the department processes an initially filed application under subsection (a).
(g) If the department fails to act under subsection (e) not later than ninety (90) days after the public information meeting held under subsection (d), the application is considered to be approved by the department.
(h) If:
(1) the department approves the application under subsection (e)(1); or
(2) the application is considered to be approved as described in subsection (g);
the department shall issue to the applicant a carbon dioxide transmission pipeline certificate of authority.
As added by P.L.150-2011, SEC.18. Amended by P.L.163-2022, SEC.1.