§ 14-39-2-5 — Authorization of carbon sequestration projects

(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 equal to the product of:
(A) the given amount of metric tons of carbon dioxide proposed
to be injected into the storage facility during the first ten (10)
years of the permit for the carbon sequestration project;
multiplied by
(B) one cent ($0.01).
The filing fee amount determined under this subdivision shall be
collected by the department and deposited in the carbon
sequestration project program administrative fund established by
section 10.5 of this chapter.
(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.
(f) During the first ten (10) years of the permit for a carbon
sequestration project, if the carbon sequestration project injects more
metric tons of carbon dioxide into the storage facility than was
proposed under the original application under subsection (e), the
storage operator shall pay the filing fee under subsection (e) for the
additional metric tons of carbon dioxide injected into the storage
facility during the first ten (10) years of the permit for the carbon
sequestration project.
(g) A fee paid under this section is not refundable by the
department.

Legislative History

As added by P.L.163-2022, SEC.2. Amended by P.L.25-2025, SEC.6; P.L.213-2025, SEC.136.