Coalbed Methane Gas Well Plugging Fund.

Ala. Code tit. 9, ch. 17, art. 5

in effect

Ala. Code § 9-17-130 Legislative Findings and Declaration.

9-17-130. Legislative Findings and Declaration. The Legislature of the State of Alabama finds and declares that the protection of Alabama’s environment is vital to the economy of this state; that coalbed methane gas wells are an important source of natural gas for use in industry and by consumers thereof in Alabama and are becoming increasingly common in Alabama as the technology for such wells advances; that the broadest possible promotion of public and private interests requires that coalbed methane gas wells be properly plugged when abandoned; that delays therein may affect the environment or public health, safety and welfare; that adequate financial resources be readily available to provide for the expeditious plugging of such wells and to provide a means for doing so without delay; that the Legislature has heretofore authorized the State Oil and Gas Board of Alabama to require that operators of such wells provide evidence of financial responsibility to cover the costs of plugging such wells; that performance bonds so required and obtained for such purpose may not be adequate in amount or even obtainable in the present insurance market; and that the health, safety, and welfare of the citizens of the State of Alabama will be enhanced and protected by the provisions of this article. (Acts 1990, No. 90-635, p. 1164, §1.)

Ala. Code § 9-17-131 Short Title.

9-17-131. Short Title. This article may be cited as the “Alabama Coalbed Methane Gas Well Plugging Fund Act.” (Acts 1990, No. 90-635, p. 1164, §2.)

Ala. Code § 9-17-132 Definitions.

9-17-132. Definitions. For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) BOARD. The State Oil and Gas Board created in Section 9-17-3. (2) FUND. The Alabama Coalbed Methane Gas Well Plugging Fund established in Section 9-17-133. (3) COALBED METHANE GAS WELL. A well capable of producing occluded natural gas from a coalbed or coalbeds. (4) PLUGGING FEE. The fee authorized by Section 9-17-137. (5) OPERATOR. Any person who notifies the supervisor pursuant to Section 9-17-24 of such person’s desire or proposal to drill a coalbed methane gas well. (6) PERSON. Any natural person, firm, corporation, association, partnership, joint venture, receiver, trustee, guardian, executor, administrator, fiduciary, representative of any kind or any other group acting as a unit. (7) SUPERVISOR. The state oil and gas supervisor. (Acts 1990, No. 90-635, p. 1164, §3.)

Ala. Code § 9-17-133 Alabama Coalbed Methane Gas Well Plugging Fund.

9-17-133. Alabama Coalbed Methane Gas Well Plugging Fund. There is hereby created the Alabama Coalbed Methane Gas Well Plugging Fund to be held by the State Treasurer and administered by the supervisor. The fund shall be used for carrying out the purposes of this article. To the fund shall be credited all the plugging fee revenues levied, collected and credited thereto pursuant to Section 9-17-137. Charges against and disbursements from the fund shall be made only in accordance with the provisions of this article. (Acts 1990, No. 90-635, p. 1164, §4.)

Ala. Code § 9-17-134 Determination by Board of Coalbed Methane Gas Wells Requiring Plugging.

9-17-134. Determination by Board of Coalbed Methane Gas Wells Requiring Plugging. Whenever, in the determination of the board, after reasonable notice to the operator of a coalbed methane gas well and a hearing held by the board and pursuant to such notice: (1) The failure of the operator of a coalbed methane gas well to plug such well may pose a threat to the environment or to the public health, safety or welfare, (2) The operator of said well shall have failed or refused to plug such coalbed methane gas well within a period deemed reasonable by the board, and (3) The bond or other security filed by such operator under Section 9-17-6(c)(5) is or is expected to be inadequate to provide for the payment of the costs of plugging said well, the board shall undertake to provide for the proper plugging of said well through the use of moneys in the fund, provided that moneys adequate for such purpose, taking into account the aforesaid bond or other surety, shall then be on deposit in the fund. (Acts 1990, No. 90-635, p. 1164, §5.)

Ala. Code § 9-17-135 Action Authorized to Be Taken by Board.

9-17-135. Action Authorized to Be Taken by Board. Upon making the determination described in Section 9-17-134, the board shall first collect the proceeds of the bond or bonds or the blanket bond of the operator filed as security under Section 9-17-6(c)(5), and shall forthwith apply the proceeds of such bond or bonds to the expense of causing such well or wells with respect to which such determination shall have been made to be plugged, which action the board is hereby authorized to take either directly or through contracts therefor entered into by the board with private persons or with other governmental agencies. Should the board determine that the proceeds of such bond or bonds are in fact insufficient to cover the entire expense of causing such well or wells to be plugged, the supervisor shall be authorized to execute and verify itemized vouchers to be submitted to the state Comptroller for the withdrawal from the fund of amounts equal to such expenses as may be incurred by the board in connection therewith in excess of bond coverage. Upon the presentation of such vouchers, there is hereby appropriated from moneys in the fund such amount as shall be necessary for the payment of such expenses, and the state Comptroller is authorized to issue appropriate warrants on the State Treasurer for reimbursement to the board of such expenses incurred by it in taking the aforesaid action to plug coalbed methane gas wells or for payment of such private persons or governmental agencies as shall have been engaged by the board to take such action pursuant to the provisions hereof. (Acts 1990, No. 90-635, p. 1164, §6.)

Ala. Code § 9-17-136 Liability of Owners and Operators.

9-17-136. Liability of Owners and Operators. Whenever costs of plugging a coalbed methane gas well shall have been incurred by the board pursuant to this article and the board shall have authorized the expenditure of moneys from the fund pursuant to Section 9-17-135 for the purpose of plugging a coalbed methane gas well, the operator thereof and each and every owner of a working interest in the well bore of such well shall be jointly and severally liable to the state for repayment of the amount of such moneys, and the board is authorized to institute appropriate civil actions in the courts in the name of the state to recover such amounts. Any amounts so recovered shall be paid into the fund. Further, nothing in this article shall be construed to relieve any operator or owner of a working interest in the well bore of any coalbed methane gas well of any liability to any third party for damages incurred because of failure to plug any coalbed methane gas well. (Acts 1990, No. 90-635, p. 1164, §7.)

Ala. Code § 9-17-137 Plugging Fees Payable into Fund; Investment and Use of Fund.

9-17-137. Plugging Fees Payable into Fund; Investment and Use of Fund. (a) In addition to the requirements and fees provided for in Section 9-17-24(a), any person desiring, after April 25, 1990, to drill any coalbed methane gas well in this state shall pay to the state a plugging fee of $150.00 respecting each such well desired to be drilled, such plugging fees to be deposited with the State Treasurer in the fund; provided, however, that no plugging fees shall be required to be paid during any time when the unobligated balance of the fund shall exceed the sum of $1,000,000. Any provisions of law to the contrary notwithstanding, no permit for the drilling of any coalbed methane gas well shall be issued by the board until the fee provided for in this section shall be paid, if due. (b) The moneys in the fund shall be invested by the State Treasurer of Alabama in the same manner as state funds generally; provided, however, that only 50 percent of all interest and earnings accruing thereon shall be credited to the State General Fund and the remainder shall be credited to the fund; said moneys and the interest and earnings credited to the fund shall be used only for the purposes set forth in this article and for no other purposes, and no portion thereof shall be available for loan to any agency or branch of state government, it being the intent of the Legislature that the fund shall remain intact and inviolate for the purposes set out in this article or until terminated as provided herein. (c) Moneys in the fund shall be paid out only by warrant of the state Comptroller upon the State Treasurer, upon itemized vouchers executed by the supervisor as provided in Section 9-17-135, and in the event of termination of the fund as provided herein. (Acts 1990, No. 90-635, p. 1164, §8.)

Ala. Code § 9-17-138 Termination of Fund.

9-17-138. Termination of Fund. Should the board determine that all coalbed methane gas wells in the State of Alabama have been plugged and abandoned, or should the board determine, after notice and hearing, that the fund is no longer necessary in order to carry out the purposes of this article, then the supervisor shall so certify this determination to the state Comptroller and the State Treasurer and all moneys in the fund shall, promptly following the filing with the state Comptroller and the State Treasurer of such certification, be disbursed and are hereby appropriated to all counties in the State of Alabama where coalbed methane gas wells shall have been permitted pursuant to the provisions of this chapter, to be divided among such counties based on the number of coalbed methane gas wells permitted in each such county, for deposit into the general funds of such counties, and to be used for those purposes for which said general funds were established. (Acts 1990, No. 90-635, p. 1164, §9.)

Ala. Code § 9-17-139 No Liability of State, Board or Supervisor to Third Parties.

9-17-139. No Liability of State, Board or Supervisor to Third Parties. Nothing in this article shall establish or create any liability or responsibility on the part of the board, the supervisor or the State of Alabama to pay any costs incurred or damages incurred or damages suffered by any person or to pay any third party claims from any source arising from the failure of any coalbed methane gas well to be properly plugged, nor shall moneys in the fund be used to make any payments of such costs or damages. (Acts 1990, No. 90-635, p. 1164, §10.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026