IC 14-37-10
    Chapter 10. Oil and Gas Environmental Fund

IC 14-37-10-1
"Fund" defined
    Sec. 1. As used in this chapter, "fund" refers to the oil and gasenvironmental fund established by this chapter.
As added by P.L.1-1995, SEC.30.

IC 14-37-10-2
Establishment and administration of fund
    Sec. 2. The oil and gas environmental fund is established. Thedepartment shall administer the fund.
As added by P.L.1-1995, SEC.30.

IC 14-37-10-3
Deposits in fund
    Sec. 3. The following shall be deposited in the fund:
        (1) Annual fees for oil and gas wells received under IC 14-37-5.
        (2) Accrued interest and other investment earnings of the fund.
        (3) Civil penalties collected under IC 14-37-13-3.
        (4) Gifts, grants, donations, or appropriations from any source.
As added by P.L.1-1995, SEC.30. Amended by P.L.236-2001, SEC.3;P.L.48-2002, SEC.5.

IC 14-37-10-4
Amount of money in fund; investments; transfer to state generalfund
    Sec. 4. (a) Except as provided in subsection (d), money in thefund does not revert to the state general fund at the end of a statefiscal year.
    (b) The total amount of money in the fund may not exceed onemillion five hundred thousand dollars ($1,500,000). Any amount ofmoney in the fund exceeding one million five hundred thousanddollars ($1,500,000) on November 1 of a year reverts to the oil andgas fund established by IC 6-8-1-27. The fund must maintain abalance of at least five hundred thousand dollars ($500,000) as asurety fund for operators who are not required to execute a bondunder IC 14-37-6-1. Expenditures that would reduce the fund belowfive hundred thousand dollars ($500,000) must be approved by thebudget agency.
    (c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
    (d) If the fund is abolished, all money in the fund is transferred tothe state general fund.
    (e) The expenses of administering the fund shall be paid frommoney in the fund. However, the department may not expend morethan five percent (5%) of the money in the fund for administering the

fund each state fiscal year.
As added by P.L.1-1995, SEC.30. Amended by P.L.48-2002, SEC.6.

IC 14-37-10-5
Appropriations; emergency expenditures
    Sec. 5. (a) Money paid into the fund shall be appropriated for thefollowing purposes:
        (1) To supplement the cost required to abandon a well that hashad a permit revoked under IC 14-37-13-1.
        (2) To cover the costs of remedial plugging and repairing ofwells under IC 14-37-8, including the expenses of remedialaction under IC 14-37-8-15.
        (3) To cover the cost to:
            (A) mitigate environmental damage; or
            (B) protect public safety against harm;
        caused by a well regulated under this article.
    (b) The director may make expenditures from the fund foremergency purposes under section 6 of this chapter without the priorapproval of the budget agency or the governor. An expenditure underthis subsection may not exceed fifty thousand dollars ($50,000).
    (c) The director may establish a program to reimburse anapplicant for the reasonable expenses of remedial action incurredunder IC 14-37-8-15. The director may make expenditures from thefund for this purpose and may establish any necessary guidelines andprocedures to administer the program.
As added by P.L.1-1995, SEC.30. Amended by P.L.236-2001, SEC.4.

IC 14-37-10-6
Exhausting other sources of funding before seeking appropriation
    Sec. 6. The department shall make a reasonable effort to exhaustany other sources of funding available for the purposes described insection 5 of this chapter before seeking an appropriation from thefund. If, however, a delay in:
        (1) plugging and repairing a well; or
        (2) mitigating environmental damage as provided under section5 of this chapter;
poses a hazard to health, safety, or the environment, the departmentmay seek an immediate appropriation from the fund.
As added by P.L.1-1995, SEC.30.

IC 14-37-10-7
Liability of responsible person
    Sec. 7. (a) An expenditure made from the fund under this chapterdoes not release a responsible person from liability for the purposesdescribed in section 5 of this chapter.
    (b) The department may seek reimbursement for expensesincurred under this chapter from a responsible person.
As added by P.L.1-1995, SEC.30.