West Virginia legislation · 2026 Regular Session
West Virginia HB5398: Relating to dates and deposits for Oil and Gas Well Plugging
Status: Passed both chambers, March 12, 2026
What the bill says
To amend and reenact §11-13A-3a of the Code of West Virginia, 1931, as amended, relating to dates and deposits for oil and gas well plugging; limiting the unencumbered balance of the Oil and Gas Abandoned Well Plugging Fund; requiring that amounts in excess of $6 million be encumbered pursuant to binding contracts to plug specific wells within 12 months; requiring the Department of Environmental Protection to publish an annual report detailing fund revenue, balance, wells plugged, average cost, and funds under contract; capping the fund at $9 million; and allowing for the receipt of fed.
From the engrossed text, February 27, 2026:
A BILL to amend and reenact §11-13A-3a of the Code of West Virginia, 1931, as amended, relating to dates and deposits for oil and gas well plugging; limiting the unencumbered balance of the Oil and Gas Abandoned Well Plugging Fund; requiring that amounts in excess of $6 million be encumbered pursuant to binding contracts to plug specific wells within 12 months; requiring the Department of Environmental Protection to publish an annual report detailing fund revenue, balance, wells plugged, average cost, and funds under contract; capping the fund at $9 million; and allowing for the receipt of federal moneys for abandoned well plugging. ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT. §11-13A-3a. Imposition of tax on privilege of severing natural gas or oil. (a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the business of severing natural gas or oil for sale, profit or commercial use, there is levied and shall be collected from every person exercising the privilege an annual privilege tax at the rate and measure provided in subsection (b) of this (2) Natural gas produced from any well which produced an average of less than 5,000 cubic feet of natural gas per day during the calendar year immediately preceding a given taxable period; (3) Oil produced from any oil well which …