2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 39. CARBON DIOXIDE CHAPTER 1. EMINENT DOMAIN FOR TRANSPORTATION OF CARBON DIOXIDE BY PIPELINE
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IC 14-39
ARTICLE 39. CARBON DIOXIDE
IC 14-39-1
Chapter 1. Eminent Domain for Transportation of Carbon
Dioxide by Pipeline
IC 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 compressed to a supercritical state.
As added by P.L.150-2011, SEC.18.
IC 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.
IC 14-39-1-3
Declaration of pipeline to be public use and service
Sec. 3. Because the movement conducted for:
(1) a person's own use or account; or
(2) the use or account of another person or persons;
of carbon dioxide by pipeline in Indiana for carbon management
applications can assist efforts to reduce carbon dioxide emissions
from the manufacture of gas using coal and the generation of
electricity, the use of carbon dioxide transmission pipelines,
including their routing, construction, maintenance, and operation, is
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.
IC 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 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 carbon dioxide
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 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.
IC 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.
IC 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.
IC 14-39-1-7
Right of company to condemn property
Sec. 7. 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.
As added by P.L.150-2011, SEC.18.
IC 14-39-1-8
Applicability of eminent domain statute
Sec. 8. Except as otherwise provided in this chapter, IC 32-24-1
applies to the condemnation of property under this chapter by a
carbon dioxide transmission pipeline company.
As added by P.L.150-2011, SEC.18.
IC 14-39-1-9
Compensation attributable to exercise of eminent domain by
company
Sec. 9. A carbon dioxide transmission pipeline company that
exercises the authority set forth in section 7 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.
IC 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.
IC 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.
IC 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.
IC 14-39-1-13
Expiration date of chapter
Sec. 13. This chapter expires July 1, 2021.
As added by P.L.150-2011, SEC.18.
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