West Virginia Code § 22-6-29a

Oil and Gas Abandoned Well Plugging Fund
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(a)(1) This section may be referred to as the Oil and Gas Abandoned Well Plugging Fund Act.
There is established within the Treasury of the State of West Virginia the special use fund
known as the Oil and Gas Abandoned Well Plugging Fund.
(2) The Oil and Gas Abandoned Well Plugging Fund shall be administered by the secretary
solely for the purposes of carrying out the provisions of this section.
(3) Any balance remaining in the Oil and Gas Abandoned Well Plugging Fund at the end of
any state fiscal year does not revert to the General Revenue Funud but shall remain in the
special revenue account and may be used only as provided in this section. The revenues
deposited in the Oil and Gas Abandoned Well Plugging Fund may not be designated as
nonaligned state special revenue funds under §11B-2-32 of this code.
(b)(1) Using funds from the Oil and Gas Reclamation Fund and the Oil and Gas Abandoned
Well Plugging Fund, the secretary shall plug and relclaim abandoned oil and gas wells
without a responsible operator in accordance swith plans and specifications developed
pursuant to the provisions of this article relating to the plugging and reclamation of wells,
and the rules establishing well plugging stiandards adopted thereunder.
(2) Funds from the Oil and Gas Abandoned Well Plugging Fund may only be used to plug
abandoned oil and gas wells without a responsible operator and to reclaim the property
disturbed from the plugging.
(3) On or before July 1 of each year, the secretary shall make an annual report to the
Governor and the Legislature as to the use of the Oil and Gas Abandoned Well Plugging
Fund and the Oil and Gas Reclamation Fund. The report shall include the balance in both
funds on JuneV 1 of each year. The secretary's annual report shall set forth the number of
wells reclaimed or plugged through the use of the Oil and Gas Reclamation Fund and the Oil
and Gas Abandoned Well Plugging Fund in the previous year. The report shall identify each
reclamation and plugging project, state the number of wells plugged thereby, show the
county in which the wells are located, and make a detailed accounting of all expenditures
from the Oil and Gas Reclamation Fund and from the Oil and Gas Abandoned Well Plugging
Fund. The annual report shall also include a five-year plan detailing current and future
projects and activities to plug and reclaim wells.
(4) Wells shall be plugged, and plugged wells reclaimed by contract entered into by the
secretary on a competitive bid basis as provided for under the provisions of §5A-3-1 et seq. of
this code and the rules promulgated thereunder.

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