1. (a) The department shall hold a public hearing before issuing a permit.
2. (b) Notice of the hearing must be published for two (2) consecutive weeks in a newspaper of general circulation in each county where the carbon sequestration project is proposed to be located. Publication deadlines must comply with department rules.

3. (c) Notice of the hearing must be given to each:

   1. (1) mineral lessee;
   2. (2) mineral owner; and

   3. (3) pore space owner;

      within the carbon sequestration project and within one-half (1/2) mile of the reservoir's boundaries. Notice shall be completed by mail or third party commercial delivery and addressed to the last address of record for the individual or entity to be served.

4. (d) Notice of the hearing must be given to each surface owner of land overlying the carbon sequestration project and within one-half (1/2) mile of the reservoir's boundaries. Notice shall be completed by mail or third party commercial delivery and addressed to the last address of record for the individual or entity to be served.
5. (e) The department may provide notice of the hearing to any additional person the department deems necessary.
6. (f) Hearing notices required by this section must comply with deadlines set by the department and contain any additional information the department requires.

7. (g) An applicant for a permit shall pay the costs the department incurs in:

   1. (1) publishing the notice for a hearing; and

   2. (2) holding a hearing;

      on a permit application.

8. (h) Following a public hearing under this section, the department must post the following on the website for the department:

   1. (1) Whether a permit application has been tentatively denied.
   2. (2) Whether a draft permit was prepared.
   3. (3) Whether any other hearings have been scheduled.
   4. (4) Whether an appeal was granted.
9. (i) Public notice is not required when a request for permit modification, revocation and reissuance, or termination is denied. The department must provide written notice of a denial to the requester and to the storage operator.
10. (j) The department must provide at least thirty (30) days for public comment.
11. (k) Notice of a public hearing must be given at least thirty (30) days before the public hearing.
12. (l) The department shall provide public notice of the public comment period and public hearing as required by federal regulations and rules adopted by the department. The department may recuperate expenses for notice from the storage operator.

13. (m) A notice of the public comment period or public hearing under this section must include the following information:

    1. (1) The name and address of the office processing the permit action for which notice is being given.
    2. (2) The name and address of the permittee of the permit applicant and, if different, of the facility or activity being regulated by the permit.
    3. (3) A brief description of the business conducted at the facility or activity being described in the permit application or the draft permit.
    4. (4) The name, address, and telephone number of a person at the department that an interested person may contact to obtain information, including copies of the draft permit, fact sheet, and the application.
    5. (5) A brief description of the comment procedures required by the department and the date, time, and place of a public hearing that will be held, including information regarding how to request a hearing and other procedures by which the public may participate in the final permit decision.
    6. (6) Reference to the date of previous public notices related to the permit.
    7. (7) The date, time, and place of the hearing.
    8. (8) A brief description of the nature and purpose of the hearing, including applicable rules and procedures.
    9. (9) Any additional information required by the department.

14. (n) During a comment period, any interested person may submit written comments on the draft permit and may request a public hearing, if a hearing has not already been scheduled. A request for a public hearing must:

    1. (1) be in writing; and

    2. (2) state the nature of the issues proposed to be raised in the hearing.

       All comments shall be considered by the department in making a final decision as to whether to issue the permit and must be answered as required under subsection (p).

15. (o) The department shall hold a public hearing whenever there is a significant degree of public interest in a draft permit. The department may hold a public hearing at the discretion of the department if the public hearing would clarify at least one (1) issue involved in the permit decision.

16. (p) At the time a final permit decision is issued, the department shall issue a response to comments. The response must:

    1. (1) specify which provisions, if any, of the draft permit were changed in the final permit, and the reasons for each change; and

    2. (2) briefly describe and respond to all substantive comments on the draft permit raised during the public comment period or during any hearing.

       Response to comments must be made available to the public on the website for the department.

17. (q) The department shall adopt rules that mirror applicable federal regulations to implement this section.

As added by P.L.161-2026, SEC.59.