Section 696.5a - Seismic exploration(a) Seismic activity review.--A storage operator shall prepare a seismic activity review in accordance with existing requirements for a UIC Class VI permit.(b)Seismic survey or assessment.--Prior to application for a UIC Class VI permit developed by the department, a storage operator may conduct a seismic survey or assessment across the vicinity of a potential storage facility.(c) Seismicity monitoring system.--A storage operator shall deploy and maintain a seismicity monitoring system to determine the presence or absence, magnitude and the hypocenter location to the best of the storage operator's ability of seismic activity within the vicinity of the storage facility of a richter scale magnitude as may be necessary to perform a risk analysis for unacceptable induced seismicity levels. If seismic monitoring detects unacceptable induced seismicity levels, the storage operator shall notify the secretary no later than a time period specified by the secretary of the determination of unacceptable induced seismicity levels and the required mitigation. If, based on carbon sequestration project-specific risk analysis, the secretary determines that seismic monitoring does not need to be permanent for a particular project, the department may permit the local seismicity monitoring to be discontinued and defer instead to national or state arrays for long-term seismicity monitoring.(d) Entry onto lands.--If a storage operator is unable to reasonably negotiate with a surface owner for the right to conduct a seismic survey on lands owned by the surface owner, the secretary may issue an order for the entry onto the lands by the storage operator. In this instance, the storage operator shall pay the surface owner just and reasonable compensation as established by the secretary.(e)Limitations and claims.--A seismic survey shall be limited to geologic storage and shall remain confidential and proprietary. The storage operator shall defend, indemnify and hold harmless the property owner for all claims arising out of entry onto the property by the storage operator, its contractors and its agents.Added by P.L. (number not assigned at time of publication) 2024 No. 87,§ 5.1, eff. 7/17/2024.