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Legislature proposes bill to prevent orphaned oil and gas wells on private land

February 01, 2024 | Introduced Bills, House, 2024 Bills, West Virginia Legislation Bills, West Virginia



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Legislature proposes bill to prevent orphaned oil and gas wells on private land
West Virginia House Bill 5414, introduced on February 1, 2024, aims to address the growing issue of orphaned oil and gas wells in the state. The bill seeks to ensure that these wells do not remain unplugged on land owned by individuals without a responsible operator to manage them, thereby mitigating potential environmental and safety risks.

Key provisions of the bill include requirements for new and transferred wells to either post a full-cost plugging bond or set aside funds in an interest-bearing account with the State Treasurer for future plugging. Existing wells that are producing in paying quantities must also contribute 15 cents per thousand cubic feet (MCF) to this fund. Additionally, operators are mandated to plug any wells that were in violation of the law prior to their transfer if the new owner fails to do so.

A notable aspect of the bill is the provision allowing surface owners to defer the plugging of a well, provided there is no significant risk to people, property, or the environment. This deferral can last as long as the surface owner retains ownership of the land. However, if any adjacent landowners object to the deferral, the requirement to plug the well cannot be postponed.

The bill has sparked discussions among stakeholders, particularly regarding its implications for the oil and gas industry and environmental safety. Proponents argue that it provides a necessary framework to manage orphaned wells, which can pose hazards if left unplugged. Critics, however, express concerns about the financial burden on operators and the potential for loopholes that could delay necessary environmental protections.

The economic implications of House Bill 5414 are significant, as it aims to balance the interests of the oil and gas industry with environmental stewardship. By ensuring that funds are set aside for well plugging, the bill seeks to prevent future liabilities for landowners and the state.

As the legislative process unfolds, the bill's future will depend on ongoing debates and potential amendments. If passed, it could set a precedent for how West Virginia manages its oil and gas resources while addressing environmental concerns associated with abandoned wells.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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