The proposed bill, titled the Orphan Oil and Gas Well Prevention Act of 2026, aims to address the issue of orphaned oil and gas wells in West Virginia by establishing new regulations and procedures to prevent such wells from being left without a responsible operator. The bill introduces a series of new articles that outline the responsibilities of operators, including the requirement to set aside plugging money in an escrow account to ensure that funds are available for the proper plugging of wells. It also mandates that no permits for new wells will be issued unless operators provide either a bond or an escrow agreement for plugging funds. Additionally, the bill holds previous operators accountable for any environmental issues arising from wells they have transferred, ensuring they are responsible for plugging if the current operator fails to do so.

Furthermore, the legislation includes provisions for the plugging of orphaned wells by drillers of new wells, requiring them to agree to plug any orphaned or abandoned wells in the area that will be drained by their new well. It also allows surface owners to consent to a temporary deferral of plugging, provided there is no significant risk associated with the well. The bill emphasizes the importance of protecting public health, property rights, and the environment by preventing the orphaning of wells and ensuring that adequate financial resources are in place for their eventual plugging.

Statutes affected:
Introduced Version: 22-10A-1, 22-10A-2, 22-10A-3, 22-10A-4, 22-10A-5, 22-10A-6, 22-10A-7, 22-10A-8, 22-10A-9