Authority: IC 14-10-2-4; IC 14-10-2-5; IC 14-39-0.5

Affected: IC 14-39-2-4

Sec. 1. (a) If all the owners of pore space located within a proposed carbon dioxide storage area of a storage facility do not agree to voluntarily integrate their interests in the pore space under IC 14-39-2-4, a responsible officer who is an applicant for UIC Class VI permit with the United States Environmental Protection Agency (U.S. EPA) may petition the department for an involuntary integration order requiring the pore space owners to integrate their interests to develop the pore space as a proposed storage facility. A petition for involuntary integration must include the following:

(1) A sworn statement that the petitioner has filed a complete UIC Class VI permit application with the U.S. EPA that the U.S. EPA determines contains all the information required to process the application.

(2) Documentary evidence the petitioner obtained consent from the pore space owners underlying at least seventy percent (70%) of the surface area above the proposed storage facility, including the following:

(A) A copy of an agreement with each consenting pore space owner.

(B) Documentary evidence the petitioner attempted to reach an agreement with the nonconsenting pore space owners, including any:

(i) electronic;

(ii) written;

(iii) telephonic; and

(iv) in-person;

communication with the nonconsenting pore space owner.

(3) A description of the reasons voluntary integration cannot be achieved, including:

(A) a summary of dates of meetings, telephone conversations, and other communications where the issue of leasing or pooling was discussed, and the results of those communications; and

(B) if negotiations were conducted, a summary of the final positions of the petitioner and pore space owners.

(4) An organizational report as prescribed by the department, naming the authorized individual permitted to sign documents on behalf of the petitioner, including:

(A) the type of organization;

(B) the name, address, telephone number, and email address for the organization;

(C) the names of corporate or company officers, including the name and address of the resident agent;

(D) the names of partners and limited partners;

(E) the name, title, and signature of each authorized agent; and

(F) affirmation and notarization, including the:

(i) name and signature of the petitioner;

(ii) date signed; and

(iii) name, signature, county of residence, and date of commission expiration for the notary.

(G) If different from clause (B), the name, address, telephone number, and email address of the petitioner.

(5) A description of the land for which integration is requested, including the following:

(A) The name of the proposed storage facility.

(B) The size of the storage facility in surface acres.

(C) A legal description of the storage facility identifying the section, township, range, county, and, if applicable, treaty lines, including the subsurface area consisting of the proposed extent of the carbon dioxide plume.

(D) A legal description of the land to be integrated that is state, county, or municipal land. Federal land cannot be subject to an integration order issued by the department.

(E) A description of the proposed source, including volume, of carbon dioxide to be injected into the proposed storage facility.

(6) A list consisting of the following:

(A) Each known pore space owner.

(B) The size of each parcel.

(C) The location of each parcel.

(D) Whether a pore space owner under clause (A) is a consenting or nonconsenting pore space owner.

(7) If a pore space owner located within a proposed storage facility is unknown or unlocatable, the:

(A) last known address of the pore space owner in the real property records;

(B) documentary evidence the petitioner performed a search that did not produce a last known address for the pore space owner;

(C) documentary evidence the petitioner attempted to locate the pore space owner; and

(D) documentary evidence the petitioner attempted to contact the pore space owner.

(8) A copy of:

(A) a title;

(B) an easement;

(C) a lease agreement; or

(D) any other conveyance instrument;

regarding the compensation paid to, or agreed to be paid to, a consenting pore space owner within the storage facility.

(9) A description and name of the geologic formations within the proposed storage facility the petitioner believes are suitable for carbon sequestration.

(10) An:

(A) issued UIC Class VI permit; or

(B) electronic copy of the UIC Class VI permit application the U.S. EPA determines contains the information required to process the application.

(11) Documentary evidence showing the petitioner has sufficient funds to provide equitable compensation to a pore space owner not included under subdivision (8).

(12) A list and map of the parcels included in the petition.

(13) A statement whether each parcel included in the petition is acquired by a:

(A) lease agreement; or

(B) fee agreement.

(b) A petitioner may not include in the petition pore space included in another involuntary integration order issued by the department.

(Natural Resources Commission; 312 IAC 30-5.5-1; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)