Sec. 2. (a) The following definitions apply throughout this chapter.

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Terms Used In Indiana Code 14-39-2-2

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) “Carbon dioxide” has the meaning set forth in IC 14-39-1-1.

     (c) “Carbon dioxide injection well” refers to a well that is used to inject carbon dioxide into a reservoir for carbon sequestration pursuant to a UIC Class VI permit.

     (d) “Carbon dioxide plume” means the extent of an underground three-dimensional injected carbon dioxide stream.

     (e) “Carbon sequestration” means the underground storage of carbon dioxide in a reservoir.

     (f) “Carbon sequestration project” means any project that involves the underground storage of carbon dioxide in a reservoir pursuant to at least one (1) UIC Class VI permit.

     (g) “Mineral lessee” means a lessee identified by the records of the recorder of deeds for each county containing a portion of the proposed reservoir who holds an interest in minerals on real property that are located above, below, or within the proposed reservoir that has been severed from the surface estate by:

(1) grant;

(2) exception;

(3) reservation;

(4) lease; or

(5) any other means.

     (h) “Mineral owner” means an owner identified by the records of the recorder of deeds for each county containing a portion of the proposed reservoir who holds an interest in minerals on real property that are located above, below, or within the proposed reservoir that has been severed from the surface estate by:

(1) grant;

(2) exception;

(3) reservation;

(4) lease; or

(5) any other means.

     (i) “Pore space” means subsurface cavities or voids that can be used as a storage space for carbon dioxide.

     (j) “Pore space owner” means:

(1) a person;

(2) a trust;

(3) a corporation; or

(4) another entity;

that has title to, a right to, or an interest in pore space.

     (k) “Reservoir” means a subsurface:

(1) sedimentary stratum;

(2) formation;

(3) aquifer;

(4) cavity; or

(5) void;

that is naturally or artificially created for the use of, or is capable of being made suitable for, injecting and storing carbon dioxide.

     (l) “Storage facility” means the subsurface area consisting of the extent of a carbon dioxide plume which is required to be delineated on an approved UIC Class VI permit or an amendment to a UIC Class VI permit of a storage operator.

     (m) “Storage operator” means:

(1) a person;

(2) a trust;

(3) a corporation; or

(4) another entity;

that operates a carbon sequestration project.

     (n) “Surface or subsurface property interest owner” means a property interest owner identified by the records of the recorder of deeds for each county containing a portion of the proposed storage facility who holds a fee simple interest or other freehold interest in the surface or subsurface of the property, which may include mineral rights. The term does not include the owner of a right-of-way, an easement, or a leasehold.

     (o) “UIC Class VI permit” means a permit issued under the federal Safe Drinking Water Act’s Underground Injection Control program that allows:

(1) a person;

(2) a trust;

(3) a corporation; or

(4) another entity;

to operate a carbon dioxide injection well.

     (p) “Underground storage of carbon dioxide” means the injection and storage of carbon dioxide into underground strata and formations pursuant to at least one (1) UIC Class VI permit.

As added by P.L.163-2022, SEC.2.

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