ORIGINAL SENATE ENGROSSED
FILE NO. SF0017
ENROLLED ACT NO. 95, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to the administration of the government;
providing an enhanced oil recovery stimulus for the use of
carbon dioxide in enhanced oil recovery; specifying
conditions and requirements for the stimulus; providing for
the administration of the stimulus; creating an account;
requiring reports; requiring transfers of funds;
authorizing rulemaking; providing an appropriation; and
providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9-25-101 through 9-25-104 are created
to read:
CHAPTER 25
CARBON DIOXIDE AND ENHANCED OIL RECOVERY STIMULUS
9-25-101. Definitions.
(a) As used in this chapter:
(i) "Authority" means the Wyoming energy
authority;
(ii) "Carbon capture, utilization and storage
technology" means technology that has the principal purpose
of capturing, reusing, storing, sequestering or using
carbon dioxide emissions to prevent carbon dioxide from
entering the atmosphere;
(iii) "Carbon dioxide provider" means a person
that captures generated, emitted or produced carbon
dioxide; ORIGINAL SENATE ENGROSSED
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ENROLLED ACT NO. 95, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2(iv) "Enhanced oil and gas recovery" means all
existing and future technologies or methods to recover oil
and gas beyond traditional primary and secondary methods,
including technology to optimize development and recovery
of oil and gas resources;
(v) "Stimulus" means the enhanced oil recovery
stimulus created by this chapter.
9-25-102. Enhanced oil recovery stimulus;
requirements; qualifications.
(a) Any carbon dioxide provider may apply for and
receive an enhanced oil recovery stimulus in accordance
with all of the following:
(i) The carbon dioxide provider seeking the
stimulus shall complete an application for the stimulus on
a form and in intervals prescribed by the authority. A
carbon dioxide provider may request from the authority a
preapplication determination of eligibility for the
stimulus under this chapter;
(ii) To qualify for the stimulus:
(A) The carbon dioxide shall be captured by
the carbon dioxide provider through the use of carbon
capture, utilization and storage technology;
(B) The carbon dioxide provider shall sell,
deliver or provide the captured carbon dioxide for use in
enhanced oil and gas recovery projects in Wyoming; and
(C) The crude oil or natural gas produced
from enhanced oil and gas recovery shall be produced using ORIGINAL SENATE ENGROSSED
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ENROLLED ACT NO. 95, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3
carbon dioxide specified in subparagraphs (A) and (B) of
this paragraph.
(iii) The captured carbon dioxide provided by
the carbon dioxide provider and used in the enhanced oil
and gas recovery production of the crude oil or natural gas
shall be from a carbon dioxide source originating within
the state of Wyoming;
(iv) The carbon capture, utilization and storage
technology and the captured carbon dioxide specified in
paragraph (iii) of this subsection that is used in the
enhanced oil and gas recovery production of the crude oil
or natural gas shall qualify for the federal tax credit
available for carbon oxide sequestration under 26 U.S.C.
45Q, as amended as of January 1, 2023 and subject to
subsection (c) of this section;
(v) The carbon dioxide provider shall qualify
for and receive the federal tax credit under 26 U.S.C. 45Q
before receiving the stimulus authorized under this
chapter;
(vi) To ensure that the enhanced oil and gas
recovery production and the use of a carbon dioxide
provider's captured carbon dioxide satisfies the conditions
specified in this subsection, the authority may consult
with any federal or state agency necessary before approving
the stimulus authorized under this chapter.
(b) Subject to available funding, the stimulus that
is available to a carbon dioxide provider shall, subject to
subsection (d) of this section, be equal to ten dollars
($10.00) for every one (1) ton of carbon dioxide that: ORIGINAL SENATE ENGROSSED
FILE NO. SF0017
ENROLLED ACT NO. 95, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4(i) The carbon dioxide provider sells or
delivers for use in enhanced oil and gas recovery; and
(ii) Is stored through the enhanced oil and gas
recovery production that meets the requirements of this
section.
(c) The stimulus shall be available to a carbon
dioxide provider until the date that the carbon dioxide
provider no longer qualifies for the federal tax credit
under 26 U.S.C. 45Q. The authority shall adjust the amount
of the stimulus in proportion to any change in the
difference between the amount of the credit available under
26 U.S.C. 45Q for a qualified enhanced oil or natural gas
recovery project and the amount of the credit available
under 26 U.S.C. 45Q for secure geological storage that is
not used for enhanced oil or natural gas recovery. The
stimulus shall not be available during any time that the
amount of the credit available under 26 U.S.C. 45Q for
secure geological storage that is not used for enhanced oil
or natural gas recovery exceeds the amount of the credit
available under 26 U.S.C. 45Q for a qualified enhanced oil
or natural gas recovery project by not more than fifteen
dollars ($15.00) or if the credit available under 26 U.S.C.
45Q for secure geological storage that is not used for
enhanced oil or natural gas recovery is equal to or less
than the amount of the credit available under 26 U.S.C. 45Q
for a qualified enhanced oil or natural gas recovery
project.
(d) The stimulus shall be paid from funds in the
enhanced oil recovery stimulus account created in W.S.
9-25-104, subject to available funds within the account.
The stimulus shall not be paid from any other source except
upon express approval by legislative act. In the event of ORIGINAL SENATE ENGROSSED
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ENROLLED ACT NO. 95, SENATE
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2025 GENERAL SESSION
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insufficient funds in the enhanced oil recovery stimulus
account established in W.S. 9-25-104 for any one (1) fiscal
year, stimulus payments shall be prorated.
9-25-103. Enhanced oil recovery stimulus;
administration; reporting.
(a) The authority shall administer the stimulus and
shall ensure that each carbon dioxide provider applying to
receive a stimulus meets all qualifications under this
chapter before receiving a stimulus. The authority shall
promulgate all rules necessary to implement the stimulus
program.
(b) Upon determining each carbon dioxide provider's
eligibility to receive a stimulus, the authority shall
report the eligibility to the governor and the state
auditor. Upon receiving a report from the authority, the
state auditor shall disburse funds from the enhanced oil
recovery stimulus account established in W.S. 9-25-104 to
the carbon dioxide provider in an amount equal to the
stimulus to which the provider is entitled under this
chapter.
(c) Not later than November 1 of each year, the
authority shall report to the joint revenue interim
committee and the joint minerals, business and economic
development interim committee on the amount of stimulus
funds paid from the enhanced oil recovery stimulus account
for the immediately preceding fiscal year and any
associated revenue impacts from the stimulus payments.
9-25-104. Enhanced oil recovery stimulus account;
administration; fund transfers; severance tax reporting. ORIGINAL SENATE ENGROSSED
FILE NO. SF0017
ENROLLED ACT NO. 95, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
6(a) There is created the enhanced oil recovery
stimulus account. Funds in the account shall be invested by
the state treasurer in accordance with law. All earnings
earned on funds within the account shall be deposited in
the account. Subject to subsection (b) of this section,
funds within the account are continuously appropriated to
the governor to be expended only for providing stimulus
payments to carbon dioxide providers in accordance with
this chapter.
(b) If there is no expenditure of any funds from the
enhanced oil recovery stimulus account before July 1, 2034,
then all funds in the enhanced oil recovery stimulus
account shall revert to the legislative stabilization
reserve account on July 1, 2034.
(c) Not later than August 1, 2025 and each August 1
thereafter, the department of revenue shall report to the
governor, the state auditor, the authority, the joint
appropriations committee and the joint minerals, business
and economic development interim committee on the amount of
severance taxes remitted to the department under W.S.
39-14-204(a)(iv), plus one-half (1/2) of the amount of
severance tax remitted under W.S. 39-14-204(a)(iii), as a
result of crude oil and natural gas produced using enhanced
oil and gas recovery techniques and using captured carbon
dioxide for which a stimulus is provided under this
chapter. The authority shall report the amount of the
stimulus provided under this chapter, including any
adjustments made to the amount of the stimulus under W.S.
9-25-102(c).
(d) Not later than September 1, 2025 and each
September 1 thereafter, the state auditor shall transfer
the amount of funds remitted to and reported by the ORIGINAL SENATE ENGROSSED
FILE NO. SF0017
ENROLLED ACT NO. 95, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
7
department of revenue under subsection (c) of this section
for the immediately preceding fiscal year from the general
fund to the accounts specified in this subsection, in
accordance with the following:
(i) The state auditor shall adjust the amount
transferred under this subsection based on any adjustments
made to the amount of the stimulus under W.S. 9-25-102(c);
(ii) Funds shall be first transferred to the
enhanced oil recovery stimulus account, provided that any
transfer under this paragraph shall not exceed the amount
necessary to bring the balance of the enhanced oil recovery
stimulus account to a balance of ten million dollars
($10,000,000.00) until all transfers required under
paragraph (iii) of this subsection are completed;
(iii) After transfers are made under paragraph
(ii) under this subsection, any remaining funds shall be
transferred to the legislative stabilization reserve
account. No transfers shall be made under this paragraph
after a total of ten million dollars ($10,000,000.00) is
transferred to the legislative stabilization reserve
account under this paragraph.
Section 2. There is appropriated from the legislative
stabilization reserve account to the enhanced oil recovery
stimulus account established by W.S. 9-25104, as created
by section 1 of this act, ten million dollars
($10,000,000.00). This appropriation shall be expended only
for purposes of providing stimulus payments for the
enhanced oil recovery stimulus established in W.S. 9-25-101
through 9-25-
appropriation shall not be transferred or expended for any
other purpose. Notwithstanding W.S. 9-2--2-1012(e) ORIGINAL SENATE ENGROSSED
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ENROLLED ACT NO. 95, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
8
and 9-4-207, this appropriation shall not revert except as
otherwise provided in W.S. 9-25-104(b), as created by
section 1 of this act.
Section 3. This act is effective July 1, 2025.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk