First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE ENROLLED ACT No. 442
AN ACT to amend the Indiana Code concerning natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-37-1-1; (05)SE0442.1.1. -->
SECTION 1. IC 14-37-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. A permit, a bond, or
an alternative security for a permit issued for
(1) a well for oil and gas purposes or
(2) geophysical surveying;
in force after June 30, 1988, is governed by this article.
SOURCE: IC 14-37-4-1; (05)SE0442.1.2. -->
SECTION 2. IC 14-37-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. A person may not
(1) drill, deepen, operate, or convert a well for oil and gas
(2) conduct a geophysical survey;
without a permit issued by the department.
SOURCE: IC 14-37-4-10; (05)SE0442.1.3. -->
SECTION 3. IC 14-37-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. A permit for a well
for oil and gas purposes, other than a permit for a Class II well,
geophysical survey, continues until:
(1) the well is plugged and abandoned;
(2) the well is converted to another type of well for oil and gas
(3) the permit is revoked.
SOURCE: IC 14-37-4-11; (05)SE0442.1.4. -->
SECTION 4. IC 14-37-4-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11.
A permit for a
well for oil and gas purposes expires one (1) year from the date of
issuance unless the drilling of the well has commenced.
(b) A permit for geophysical surveying expires one (1) year from the
date of issuance.
SOURCE: IC 14-37-7-1; (05)SE0442.1.5. -->
SECTION 5. IC 14-37-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.
(a) The commission
may require a person drilling or modifying a well for oil and gas
purposes to furnish the following:
(1) A copy of the driller's log and completion report of the well.
(2) A copy of any geophysical or instrumental log.
(3) Drill cuttings or cores.
(4) Other information required by rule.
(b) The commission may require a person conducting a geophysical
survey to furnish the following:
(1) A detailed description of the surveying technique used.
(2) A map identifying the exact location of all surveying
(3) Other information required by rule.
SOURCE: IC 14-37-7-3; (05)SE0442.1.6. -->
SECTION 6. IC 14-37-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Except as
provided in subsection (b), if a well for oil and gas purposes is
proposed to be drilled:
(1) on land underlaid by an inactive underground mine; or
(2) on land within the permit boundaries of an active underground
mine permitted under IC 14-34;
an owner or operator shall, if the well is to be completed as a producing
well and regardless of whether the well is drilled through a pillar,
run an intermediate string of casing from the surface to a point at least
fifty (50) feet below the base of the commercially minable coal
resource or the mine floor.
(b) Upon written application to the director by a person that
proposes to drill a well described in subsection (a), the director
may grant a variance from the requirements of subsection (a) if:
(1) with respect to a proposed well on land described in
subsection (a)(1), written consent to the variance is given by:
(A) the permittee under IC 14-34; or
(B) the person that has the right to develop the coal
(2) with respect to a proposed well on land described in
subsection (a)(2), written consent to the variance is given by
the coal mine operator under IC 14-34.
(c) If a variance is granted under subsection (b), the well must
(1) in the manner required under section 4 or 5 of this
(2) in a manner that prevents the following:
(B) Fresh water pollution.
(G) Unreasonably detrimental effects upon fish, wildlife,
and botanical resources.
SOURCE: IC 35-47.5-4-4.5; (05)SE0442.1.7. -->
SECTION 7. IC 35-47.5-4-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This
section does not apply to:
(1) a person who is regulated under IC 14-34; or
(2) near surface or subsurface use of regulated explosives
associated with oil and natural gas:
(C) production; or
(D) abandonment activities or procedures.
(b) The commission shall adopt rules under IC 4-22-2 to:
(1) govern the use of a regulated explosive; and
(2) establish requirements for the issuance of a license for the use
of a regulated explosive.
(c) The commission shall include the following requirements in the
rules adopted under subsection (b):
(1) Relicensure every three (3) years after the initial issuance of
(2) Continuing education as a condition of relicensure.
(3) An application for licensure or relicensure must be submitted
to the office on forms approved by the commission.
(4) A fee for licensure and relicensure.
(5) Reciprocal recognition of a license for the use of a regulated
explosive issued by another state if the licensure requirements of
the other state are substantially similar to the licensure
requirements established by the commission.
(d) A person may not use a regulated explosive unless the person
has a license issued under this section for the use of a regulated
(e) The office shall carry out the licensing and relicensing program
under the rules adopted by the commission.
(f) As used in this section, "regulated explosive" does not include
either of the following:
(1) Consumer fireworks (as defined in
27 CFR 55.11). 27 CFR
(2) Commercially manufactured black powder in quantities not to
exceed fifty (50) pounds, if the black powder is intended to be
used solely for sporting, recreational, or cultural purposes in
antique firearms or antique devices.
SOURCE: IC 14-8-2-114; IC 14-37-3-14; IC 14-37-6-6; IC 14-37-8-
; (05)SE0442.1.8. -->
SECTION 8. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2005]: IC 14-8-2-114; IC 14-37-3-14; IC 14-37-6-6;
SOURCE: ; (05)SE0442.1.9. -->
SECTION 9. An emergency is declared for this act.
SEA 442 _ Concur
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