Indiana 2023 Regular Session Status: Enacted Bipartisan · 2 D · 2 R cosponsors

SB 451 — Carbon sequestration pilot project.

Last action — Public Law 53

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2023. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    3 primary, 3 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Defines the term "pore space". Corrects a spelling error in the address of the carbon sequestration pilot project (pilot project). Provides that the pilot project will construct, operate, or use not more than two (2) carbon dioxide pipelines and will maintain operations only in Vigo and Vermillion counties. Requires the director of the department of natural resources to designate the operator of the carbon sequestration pilot project not more than 30 days after the Class VI well permit authorizing the operation of carbon dioxide injection wells at the site of the pilot project is issued by the U.S. Environmental Protection Agency. Provides that, for purposes of the pilot project, the title to pore space is vested in the person who holds in fee simple the surface interest in the land or water, as identified by the property records of the county, except in case of an explicit conveyance, exception, or reservation through a recorded conveyance to another person. Requires the pilot project operator, before the anticipated migration of injected carbon dioxide into pore space to notify the person who owns the pore space in fee simple of the anticipated migration of the carbon dioxide. Requires the carbon sequestration pilot project operator to make an offer of compensation to a pore space owner to provide that the offer of compensation must be at least a yearly payment of 40% of the average estimated cash rent per acre for the area of Indiana and the class of land, according to the Farmland Values and Cash Rents Survey Results published by Purdue University most recently before the offer of compensation is made, every year until the cessation of injection of carbon dioxide. Provides that a person who claims ownership of pore space may initiate non-binding mediation of the dispute with the pilot project operator concerning the pore space. Establishes a procedure for mediation and allows the pilot project operator to consolidate multiple requests for mediation into one or more mediation proceedings. Provides that if a person who claims ownership of pore space is unable to reach an agreement with the pilot project operator concerning the acquisition, lease, or occupancy of the pore space through negotiation or mediation, the person may pursue a civil action against the pilot project operator. Provides that, generally, in a civil action against the pilot project operator, the court may not grant injunctive relief, an order of possession, or monetary relief that exceeds the fair market value of pore space in Indiana. Provides, however, that these limits on monetary recovery do not apply in case of direct and tangible physical injury or damage to a person, tangible property, or an animal or in case of an effect of the pilot project on the sources of the public water supply used by a public utility. Provides that the code section authorizing the establishment of the carbon sequestration pilot project expires July 1, 2028, if the operator of the carbon sequestration pilot project is not issued a Class VI permit by the United States Environmental Protection Agency by that date.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 451 on the official Indiana source →

Action History

  1. Public Law 53

  2. Signed by the Governor

  3. Signed by the President of the Senate

  4. Signed by the Speaker

  5. Signed by the President Pro Tempore

  6. Senate concurred in House amendments; Roll Call 330: yeas 30, nays 18

  7. Motion to concur filed

  8. Returned to the Senate with amendments

  9. Third reading: passed; Roll Call 286: yeas 73, nays 22

  10. Second reading: ordered engrossed

  11. Committee report: amend do pass, adopted

  12. Representative Heaton added as cosponsor

  13. First reading: referred to Committee on Environmental Affairs

  14. Referred to the House

  15. Cosponsors: Representatives Abbott D and Pfaff

  16. House sponsor: Representative Morrison

  17. Third reading: passed; Roll Call 205: yeas 27, nays 21

  18. Senator Messmer added as second author

  19. Second reading: amended, ordered engrossed

  20. Amendment #3 (Ford Jon) prevailed; voice vote

  21. Committee report: amend do pass, adopted

  22. First reading: referred to Committee on Environmental Affairs

  23. Authored by Senator Ford Jon

Sponsors

Sponsorship breakdown

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3 sponsors · 3 co-sponsors · 144 not signed on · 21 voted No

Sponsors (3)

  • Alan Morrison
  • Mark Messmer
  • J.D. Ford Democrat

Co-sponsors (3)

Not signed on (144)

144 members have not signed on to this bill.

Show all 144 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 451 - Morrison - 3rd Reading

Passed 73 Yea · 22 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 381704
Democrat 21400
Unaffiliated 14101
Total 732205
% of votes cast 73%22%0%5%
How each member voted (100)
Member Party Vote
Fleming — Yea
Frye — Yea
Schaibley — Yea
Lyness — Yea
Goodrich — Yea
Hatfield — Yea
Morrison — Yea
Boy — Yea
Johnson — Yea
Negele — Yea
Cherry — Yea
Torr — Yea
Zent — Yea
Speedy — Nay
Vermilion — Not Voting
Garcia Wilburn — Yea
Carey Hamilton Democrat Yea
Carolyn Jackson Democrat Yea
Cherrish Pryor Democrat Yea
Chris Campbell Democrat Yea
Chuck Moseley Democrat Yea
Earl Harris Democrat Yea
Edward DeLaney Democrat Yea
Gregory Porter Democrat Nay
John Bartlett Democrat Yea
Justin Moed Democrat Yea
Kyle Miller Democrat Yea
Matt Pierce Democrat Nay
Maureen Bauer Democrat Yea
Mike Andrade Democrat Yea
Mitch Gore Democrat Yea
Philip GiaQuinta Democrat Yea
Ragen Hatcher Democrat Nay
Renee Pack Democrat Yea
Robin Shackleford Democrat Yea
Ryan Dvorak Democrat Nay
Sheila Klinker Democrat Yea
Sue Errington Democrat Yea
Tonya Pfaff Democrat Yea
Vanessa Summers Democrat Yea
Vernon Smith Democrat Yea
Beau Baird Republican Yea
Becky Cash Republican Nay
Ben Smaltz Republican Yea
Brad Barrett Republican Yea
Bruce Borders Republican Yea
Chris Jeter Republican Nay
Chris Judy Republican Yea
Chris May Republican Yea
Cindy Ledbetter Republican Yea
Cory Criswell Republican Yea
Craig Haggard Republican Nay
Craig Snow Republican Yea
Dale DeVon Republican Yea
Dave Hall Republican Nay
Dave Heine Republican Not Voting
David Abbott Republican Yea
Doug Miller Republican Yea
Edmond Soliday Republican Yea
Edward Clere Republican Yea
Elizabeth Rowray Republican Yea
Ethan Manning Republican Not Voting
Gregory Steuerwald Republican Yea
Harold Slager Republican Yea
Heath VanNatter Republican Nay
J.D. Prescott Republican Yea
Jack Jordan Republican Yea
Jake Teshka Republican Yea
Jeffrey Thompson Republican Yea
Jennifer Meltzer Republican Nay
Jim Lucas Republican Yea
Jim Pressel Republican Yea
Joanna King Republican Nay
Julie McGuire Republican Nay
Julie Olthoff Republican Yea
Karen Engleman Republican Yea
Kendell Culp Republican Nay
Kyle Pierce Republican Nay
Lindsay Patterson Republican Nay
Lorissa Sweet Republican Nay
Mark Genda Republican Nay
Martin Carbaugh Republican Yea
Matt Hostettler Republican Nay
Matt Lehman Republican Yea
Michael Karickhoff Republican Yea
Michelle Davis Republican Nay
Mike Aylesworth Republican Yea
Peggy Mayfield Republican Nay
Robb Greene Republican Nay
Robert Behning Republican Yea
Robert Heaton Republican Yea
Robert Morris Republican Yea
Ryan Lauer Republican Yea
Shane Lindauer Republican Yea
Steve Bartels Republican Yea
Timothy O'Brien Republican Yea
Timothy Wesco Republican Yea
Todd Huston Republican Not Voting
Wendy McNamara Republican Yea
Zach Payne Republican Not Voting

Official roll call →

Subjects

environment labor
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Frequently asked questions

What does SB 451 do?
Defines the term "pore space". Corrects a spelling error in the address of the carbon sequestration pilot project (pilot project). Provides that the pilot project will construct, operate, or use not more than two (2) carbon dioxide pipelines and will maintain operations only in Vigo and Vermillion counties. Requires the director of the department of natural resources to designate the operator of the carbon sequestration pilot project not more than 30 days after the Class VI well permit authorizing the operation of carbon dioxide injection wells at the site of the pilot project is issued by the U.S. Environmental Protection Agency. Provides that, for purposes of the pilot project, the title to pore space is vested in the person who holds in fee simple the surface interest in the land or water, as identified by the property records of the county, except in case of an explicit conveyance, exception, or reservation through a recorded conveyance to another person. Requires the pilot project operator, before the anticipated migration of injected carbon dioxide into pore space to notify the person who owns the pore space in fee simple of the anticipated migration of the carbon dioxide. Requires the carbon sequestration pilot project operator to make an offer of compensation to a pore space owner to provide that the offer of compensation must be at least a yearly payment of 40% of the average estimated cash rent per acre for the area of Indiana and the class of land, according to the Farmland Values and Cash Rents Survey Results published by Purdue University most recently before the offer of compensation is made, every year until the cessation of injection of carbon dioxide. Provides that a person who claims ownership of pore space may initiate non-binding mediation of the dispute with the pilot project operator concerning the pore space. Establishes a procedure for mediation and allows the pilot project operator to consolidate multiple requests for mediation into one or more mediation proceedings. Provides that if a person who claims ownership of pore space is unable to reach an agreement with the pilot project operator concerning the acquisition, lease, or occupancy of the pore space through negotiation or mediation, the person may pursue a civil action against the pilot project operator. Provides that, generally, in a civil action against the pilot project operator, the court may not grant injunctive relief, an order of possession, or monetary relief that exceeds the fair market value of pore space in Indiana. Provides, however, that these limits on monetary recovery do not apply in case of direct and tangible physical injury or damage to a person, tangible property, or an animal or in case of an effect of the pilot project on the sources of the public water supply used by a public utility. Provides that the code section authorizing the establishment of the carbon sequestration pilot project expires July 1, 2028, if the operator of the carbon sequestration pilot project is not issued a Class VI permit by the United States Environmental Protection Agency by that date.
Who sponsors SB 451?
SB 451 is sponsored by Robert Heaton (Republican), Tonya Pfaff (Democrat), David Abbott (Republican), Alan Morrison, Mark Messmer, and J.D. Ford (Democrat).
What is the current status of SB 451?
This bill has been enacted into law. Introduced January 19, 2023. Enacted.
Where can I track SB 451?
Track SB 451 free on One Click Politics — get push/email alerts when it moves.

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