§ 14-39-1-4 — Application for certificate of authority; review; public information meeting; approval procedure

Indiana § 14-39-1-4

• Jurisdiction: Indiana
• Art. 39: CARBON DIOXIDE
• Ch. 1: Eminent Domain for Pipeline Transportation or

Text

(a) A carbon dioxide transmission pipeline
company that seeks to construct, operate, and maintain a carbon
dioxide pipeline in Indiana must 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, or the contractor or subcontractor of 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 signed a statement indicating that the
applicant agrees to construct a proposed carbon dioxide
transmission pipeline in a manner compliant with 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.

Legislative History

As added by P.L.150-2011, SEC.18. Amended by P.L.163-2022, SEC.1; P.L.25-2025, SEC.1; P.L.213-2025, SEC.132.