SB 71-9_ Filed 02/07/2011, 11:03 Gard

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 71 be amended to read as follows:

SOURCE: Page 1, line 11; (11)MO007113.1. -->     Page 1, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 14-8-2-302; (11)MO007113.2. -->     "SECTION 2. IC 14-8-2-302 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 302. "Waste" or "wasted" has the following meaning:
        (1) For purposes of IC 14-25-3, the meaning set forth in IC 14-25-3-2.
        (2) For purposes of IC 14-37, the term includes the following:
            (A) Locating, spacing, drilling, equipping, operating, or producing a well for oil and gas purposes drilled after March 13, 1947, in any manner that:
                (i) reduces or tends to reduce the quantity of oil or gas ultimately to be recovered from any well in Indiana; or
                (ii) violates the spacing provisions adopted by the commission under IC 14-37.
             (B) Locating, spacing, drilling, equipping, operating, or producing a well for coal bed methane purposes in a manner that reduces or tends to reduce the quantity of commercially minable coal resources ultimately to be recovered from a mine in Indiana.
            (B) (C) Storing oil in earthen reservoirs except in an emergency to prevent the total loss of that oil.
            (C) (D) Producing oil or gas in a manner that will cause water channeling or zoning.
            (D) (E) Injecting fluids into a stratum or part of a stratum capable of producing oil or gas, except in accordance with the terms of a Class II well for which a permit is issued under IC 14-37.
            (E) (F) Allowing water other than fresh water to flow from any producing horizon located in a producing pool, except in accordance with the terms of a permit issued under IC 14-37.
            (F) (G) Allowing gas from a well that produces only gas to escape into the atmosphere, except as is necessary while making or changing connections, completing the well, or reconditioning the well.".
SOURCE: Page 2, line 32; (11)MO007113.2. -->     Page 2, line 32, delete "IC 32-23-7-11;" and insert " IC 14-37-4-8.5;".
    Page 2, line 38, delete "chemicals," and insert " products,".
    Page 3, line 31, delete "an interest in developing" and insert " experience and interest in mining".
    Page 4, line 24, after "coal" insert " resources from waste;".
    Page 4, delete line 25.
    Page 4, line 28, delete "do not result in waste." and insert " may result in the endangerment of the health and safety of miners.".
    Page 5, line 10, delete "diminution" and insert " waste".
    Page 5, line 20, delete "diminution" and insert " waste".
    Page 5, line 33, delete "The" and insert " Subject to subsection (h), the".
    Page 5, between lines 37 and 38, begin a new paragraph and insert:
    " (h) The information that the director gathers under subsection (g) may include the following:
        (1) Whether the location is in an active, abandoned, or projected underground coal mine.
        (2) Whether the location is in an unsealed inactive area or a sealed area of a coal mine with the potential for introducing oxygen into the area from drilling or the well.
        (3) The proximity and size of coal pillars in an alternative location that might be drilled through, including whether in a panel or support for a submain or main entries.
        (4) The equipment technology and operating or drilling experience history of the operator.
".
    Page 5, line 38, delete "(h)" and insert " (i)".
    Page 8, line 8, delete "holds" and insert " controls by deed, lease, or other instrument".
    Page 13, line 30, strike "(b) This chapter".
    Page 13, line 30, delete "declares".
    Page 13, line 30, strike "the law of".
    Page 13, line 30, delete "the".
    Page 13, strike line 31.
    Page 13, line 32, strike "existed before".
    Page 13, line 32, delete "July 1, 2011.".
    Page 13, line 33, strike "(c)" and insert " (b)".
    Page 13 delete lines 36 through 42.
    Page 14, delete lines 1 through 3.
    Page 14, line 4, delete "IC 32-23-7-11" and insert "IC 14-37-4-8.5".
    Page 14, line 6, delete "11." and insert " 8.5.".
    Page 14, line 10, delete "and the coal mine" and insert " under

subsection (c)(2), unless the director makes a finding that the exercise of the right will not:".
    Page 14, delete line 11.
    Page 14, line 12, delete "results" and insert " result".
    Page 14, line 14, delete "diminution" and insert " waste".
    Page 14, line 14 delete "in" and insert " or endangerment of the health and safety of miners.".
    Page 14, delete line 15.
    Page 14, line 16, after "the" insert " director shall consider whether".
    Page 14, line 16, after "any" insert " one (1)".
    Page 14, line 17, delete "presumed to be".
    Page 14, line 18, delete "has the potential to" and insert " may".
    Page 14, line 18, delete "the future in diminution" and insert " waste".
    Page 14, line 19, delete "resource:" and insert " resource or endangerment of the health and safety of miners.".
    Page 14, line 36, delete "diminution" and insert " waste".
    Page 14, line 36, delete "resource;" and insert " resource or endangerment of the health and safety of miners;".
    Page 15, line 6, delete "the diminution" and insert " waste".
    Page 15, line 13, delete "diminution" and insert " waste".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 71 as printed January 21, 2011.)

________________________________________

Senator GARD


MO007113/DI 118
2011