IN SB0442 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 8-3)
Status: Passed on May 8 2019 - 100% progression
Action: 2019-05-08 - Public Law 291
Text: Latest bill text (Enrolled) [PDF]

Summary

Underground storage of carbon dioxide. Declares the underground storage of carbon dioxide to be a public use and service, in the public interest, and a benefit to the welfare and people of Indiana. Authorizes the establishment of a carbon sequestration pilot project (pilot project) that will capture carbon dioxide at a proposed ammonia production facility in West Terre Haute and inject the carbon dioxide into underground strata and formations pursuant to a Class VI well permit from the United States Environmental Protection Agency (EPA) as an alternative to releasing the carbon dioxide into the air. Provides that if the operator of the pilot project is not able to reach an agreement with an owner of property to acquire: (1) ownership of underground strata or formations located under the surface of the property; or (2) ownership or other rights to one or more areas of the surface of the property for purposes of establishing and operating monitoring facilities required by the EPA; the operator of the pilot project may exercise the power of eminent domain to make the acquisition. Provides that the pilot project operator's acquisitions by eminent domain must be made through the law on eminent domain for gas storage, which provides that a condemnor, before condemning any underground stratum or formation, must have acquired the right to store gas in at least 60% of the stratum or formation by a means other than condemnation. Amends the law on eminent domain for gas storage to make it applicable to the pilot project operator's acquisitions by eminent domain. Provides that the state of Indiana, upon the recommendation of the director of the department of natural resources and review by the state budget committee, may obtain ownership of: (1) the carbon dioxide stored in the underground strata and formations; and (2) the underground strata and formations in which the carbon dioxide is stored; 12 years after pilot project underground injections begin or, if the underground injections cease in less than 12 years, after the underground injections cease. Urges the legislative council to assign to an appropriate interim study committee for the 2019 interim the task of studying the geologic storage of carbon dioxide.

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Title

Underground storage of carbon dioxide. Declares the underground storage of carbon dioxide to be a public use and service, in the public interest, and a benefit to the welfare and people of Indiana. Authorizes the establishment of a carbon sequestration pilot project (pilot project) that will capture carbon dioxide at a proposed ammonia production facility in West Terre Haute and inject the carbon dioxide into underground strata and formations pursuant to a Class VI well permit from the United States Environmental Protection Agency (EPA) as an alternative to releasing the carbon dioxide into the air. Provides that if the operator of the pilot project is not able to reach an agreement with an owner of property to acquire: (1) ownership of underground strata or formations located under the surface of the property; or (2) ownership or other rights to one or more areas of the surface of the property for purposes of establishing and operating monitoring facilities required by the EPA; the operator of the pilot project may exercise the power of eminent domain to make the acquisition. Provides that the pilot project operator's acquisitions by eminent domain must be made through the law on eminent domain for gas storage, which provides that a condemnor, before condemning any underground stratum or formation, must have acquired the right to store gas in at least 60% of the stratum or formation by a means other than condemnation. Amends the law on eminent domain for gas storage to make it applicable to the pilot project operator's acquisitions by eminent domain. Provides that the state of Indiana, upon the recommendation of the director of the department of natural resources and review by the state budget committee, may obtain ownership of: (1) the carbon dioxide stored in the underground strata and formations; and (2) the underground strata and formations in which the carbon dioxide is stored; 12 years after pilot project underground injections begin or, if the underground injections cease in less than 12 years, after the underground injections cease. Urges the legislative council to assign to an appropriate interim study committee for the 2019 interim the task of studying the geologic storage of carbon dioxide.

Sponsors


Roll Calls

2019-04-23 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 35 N: 14 NV: 0 Abs: 1) [PASS]
2019-04-23 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 72 N: 17 NV: 1 Abs: 10) [PASS]
2019-03-25 - House - House - Third reading (Y: 73 N: 23 NV: 1 Abs: 3) [PASS]
2019-03-18 - House - House - Committee Vote (Y: 10 N: 2 NV: 0 Abs: 1) [PASS]
2019-02-26 - Senate - Third reading (Y: 47 N: 2 NV: 0 Abs: 1) [PASS]
2019-02-21 - Senate - Senate - Committee Vote (Y: 10 N: 2 NV: 0 Abs: 0) [PASS]
2019-01-28 - Senate - Senate - Committee Vote (Y: 8 N: 3 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-05-08SenatePublic Law 291
2019-05-08SenateSigned by the Governor
2019-04-30SenateSigned by the President of the Senate
2019-04-24HouseSigned by the Speaker
2019-04-24SenateSigned by the President Pro Tempore
2019-04-23SenateRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 571: yeas 35, nays 14
2019-04-23HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 596: yeas 72, nays 17
2019-04-23HouseCCR # 1 filed in the House
2019-04-23SenateCCR # 1 filed in the Senate
2019-04-08HouseHouse advisors appointed: Wolkins, Prescott, Macer and Moseley
2019-04-08HouseHouse conferees appointed: Morrison and Beck
2019-04-04SenateSenate advisors appointed: Tallian, Messmer, Zay and Spartz
2019-04-04SenateSenate conferees appointed: Ford Jon and Niezgodski
2019-03-28SenateSenate dissented from House amendments
2019-03-27SenateMotion to dissent filed
2019-03-26HouseReturned to the Senate with amendments
2019-03-25HouseRepresentatives Morris and Prescott added as cosponsors
2019-03-25HouseThird reading: passed; Roll Call 342: yeas 73, nays 23
2019-03-21HouseSecond reading: ordered engrossed
2019-03-19HouseCommittee report: amend do pass, adopted
2019-03-12HouseReassigned to Committee on Natural Resources
2019-03-07HouseFirst reading: referred to Committee on Environmental Affairs
2019-02-27SenateReferred to the House
2019-02-26SenateCosponsor: Representative Eberhart
2019-02-26SenateHouse sponsor: Representative Morrison
2019-02-26SenateThird reading: passed; Roll Call 238: yeas 47, nays 2
2019-02-25SenateSenator Zay added as second author
2019-02-25SenateSenator Zay removed as coauthor
2019-02-25SenateAmendment #1 (Ford Jon) prevailed; voice vote
2019-02-25SenateSecond reading: amended, ordered engrossed
2019-02-21SenateSenator Breaux added as coauthor
2019-02-21SenateCommittee report: amend do pass, adopted
2019-02-14SenateSenator Tallian added as coauthor
2019-02-14SenateSenator Niezgodski added as coauthor
2019-01-29SenateCommittee report: amend do pass adopted; reassigned to Committee on Appropriations
2019-01-24SenateSenator Zay added as coauthor
2019-01-24SenateSenator Doriot added as coauthor
2019-01-14SenateFirst reading: referred to Committee on Environmental Affairs
2019-01-14SenateCoauthored by Senator Messmer
2019-01-14SenateAuthored by Senator Ford Jon

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/senate/442/
Texthttp://iga.in.gov/static-documents/0/6/b/4/06b4e820/SB0442.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/0/4/1/e/041eb73a/SB0442.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/c/9/c/5/c9c5e322/SB0442.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/5/f/a/4/5fa441a2/SB0442.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/d/3/c/6/d3c63f22/SB0442.03.COMS.pdf
Texthttp://iga.in.gov/static-documents/e/9/1/e/e91e8ccb/SB0442.03.COMS.pdf
Texthttp://iga.in.gov/static-documents/9/7/9/4/97940886/SB0442.04.ENGS.pdf
Texthttp://iga.in.gov/static-documents/1/c/b/f/1cbf59ff/SB0442.04.ENGS.pdf
Texthttp://iga.in.gov/static-documents/4/0/6/5/4065e452/SB0442.05.COMH.pdf
Texthttp://iga.in.gov/static-documents/a/9/5/7/a9572538/SB0442.05.COMH.pdf
Texthttp://iga.in.gov/static-documents/3/3/f/1/33f18315/SB0442.06.ENRH.pdf
Roll Callhttp://iga.in.gov/static-documents/a/7/5/e/a75e5e52/SB0442.01.INTR.02.pdf
Roll Callhttp://iga.in.gov/static-documents/4/d/4/f/4d4f0d41/SB0442.02.COMS.00.pdf
Roll Callhttp://iga.in.gov/static-documents/0/a/c/0/0ac058ee/SB0442.238.pdf
Roll Callhttp://iga.in.gov/static-documents/3/4/5/e/345ec194/SB0442.04.ENGS.00.pdf
Roll Callhttp://iga.in.gov/static-documents/c/9/7/5/c975964c/SB0442.342.pdf
Roll Callhttp://iga.in.gov/static-documents/d/6/8/d/d68d288d/SB0442.596.pdf
Roll Callhttp://iga.in.gov/static-documents/4/2/a/f/42afed3f/SB0442.571.pdf

Bill Comments

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