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State Legislature US Congress
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passed both · Indiana · Senate Apr 19, 2021

SB 373: Carbon credit market, carbon sequestration, and federal mandates.

Requires the state department of agriculture and the department of natural resources, in consultation with Purdue University, the utility regulatory commission (IURC), agricultural producers, woodland owners, foresters, certain technical experts, the agricultural industry, the forest industry, and environmental and conservation groups, to: (1) study and make findings and recommendations concerning the potential role of the state in a voluntary carbon credit market; and (2) issue a written report to the general assembly. Requires the director of the department of natural resources to designate the operator of the carbon sequestration pilot project (pilot project) before July 31, 2021. Provides that material compliance by the pilot project with a permit for a Class VI carbon dioxide underground injection well is an affirmative defense for the pilot project against certain civil actions or claims. Provides that: (1) a claimant may overcome the affirmative defense by proving actual interference with the use of the property or direct physical injury to tangible property; and (2) recovery by a public utility for any effect of the pilot project on the sources of the utility's public water supply is not prohibited or limited. Defines a "federal phaseout mandate" as any federal statutory or regulatory requirement that: (1) is established after April 20, 2021, by Congress, a federal agency, or a federal executive order; and (2) requires the phaseout or discontinuance of a particular type of electric generating facility, technology, or fuel source. Requires the IURC to consider in the context of: (1) applications for certificates of public convenience and necessity for new generating facilities; and (2) integrated resource planning; the impact of federal phaseout mandates on the estimated useful life of certain generating facilities of an electric utility, including on depreciation expense associated with such facilities.
Rick Niemeyer (R) J.D. Ford (D) Sue Glick (R) Don Lehe (R) · 13 co-sponsors
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