SB0451: Carbon sequestration pilot project.

Legislative Summary

Carbon sequestration pilot project. Defines the term "pore space". Corrects a spelling error in the address of the carbon sequestration pilot project (pilot project). Provides that the pilot project will construct, operate, or use not more than two (2) carbon dioxide pipelines and will maintain operations only in Vigo and Vermillion counties. Requires the director of the department of natural resources to designate the operator of the carbon sequestration pilot project not more than 30 days after the Class VI well permit authorizing the operation of carbon dioxide injection wells at the site of the pilot project is issued by the U.S. Environmental Protection Agency. Provides that, for purposes of the pilot project, the title to 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, except in case of an explicit conveyance, exception, or reservation through a recorded conveyance to another person. Requires the pilot project operator, before the anticipated migration of injected carbon dioxide into pore space to notify the person who owns the pore space in fee simple of the anticipated migration of the carbon dioxide. Requires the carbon sequestration pilot project operator to make an offer of compensation to a pore space owner to provide that the offer of compensation must be at least a yearly payment of 40% of the average estimated cash rent per acre for the area of Indiana and the class of land, according to the Farmland Values and 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. Provides that a person who claims ownership of pore space may initiate non-binding mediation of the dispute with the pilot project operator concerning the pore space. Establishes a procedure for mediation and allows the pilot project operator to consolidate multiple requests for mediation into one or more mediation proceedings. Provides that if a person who claims ownership of pore space is unable to reach an agreement with the pilot project operator concerning the acquisition, lease, or occupancy of the pore space through negotiation or mediation, the person may pursue a civil action against the pilot project operator. Provides that, generally, in a civil action against the pilot project operator, the court may not grant injunctive relief, an order of possession, or monetary relief that exceeds the fair market value of pore space in Indiana. Provides, however, that these limits on monetary recovery do not apply in case of direct and tangible physical injury or damage to a person, tangible property, or an animal or in case of an effect of the pilot project on the sources of the public water supply used by a public utility. Provides that the code section authorizing the establishment of the carbon sequestration pilot project expires July 1, 2028, if the operator of the carbon sequestration pilot project is not issued a Class VI permit by the United States Environmental Protection Agency by that date.