1 | | - | ORIGINAL SENATE |
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2 | | - | FILE NO. SF0020 |
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3 | | - | ENROLLED ACT NO. 3, SENATE |
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4 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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5 | | - | 2025 GENERAL SESSION |
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6 | | - | 1 |
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7 | | - | AN ACT relating to oil and gas; requiring the oil and gas |
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8 | | - | conservation commission to promulgate rules to provide |
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9 | | - | bonding options for oil and gas operators as specified; |
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10 | | - | specifying bonding requirements; requiring reports; |
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11 | | - | specifying uses of the conservation fund; authorizing the |
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12 | | - | imposition of fees; making conforming amendments; and |
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13 | | - | providing for effective dates. |
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14 | | - | Be It Enacted by the Legislature of the State of Wyoming: |
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15 | | - | Section 1. W.S. 30-5-129 is created to read: |
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16 | | - | 30-5-129. Oil and gas bonding; rules for operators; |
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17 | | - | requirements; reports; assessments. |
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18 | | - | (a) The commission shall promulgate rules to |
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19 | | - | establish bonding options in addition to those specified in |
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20 | | - | W.S. 30-5-104(d)(i)(D) for operators requiring bonds for |
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21 | | - | producing oil or gas in Wyoming. The program required under |
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22 | | - | this subsection shall be in accordance with all of the |
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23 | | - | following: |
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24 | | - | (i) The commission shall promulgate all rules |
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25 | | - | necessary to implement the program, including rules to |
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26 | | - | provide for operators who produce oil or gas in Wyoming to |
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27 | | - | voluntarily participate in a bonding pool established under |
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28 | | - | this subsection; |
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29 | | - | (ii) Operators participating in a bonding pool |
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30 | | - | established under this subsection shall be in good standing |
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31 | | - | with the commission before participating and shall remain |
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32 | | - | in good standing with the commission during participation, |
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33 | | - | including compliance with all bonding requirements required |
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34 | | - | under this act and the commission's rules. The commission |
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35 | | - | may establish a process by which the commission may remove ORIGINAL SENATE |
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36 | | - | FILE NO. SF0020 |
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37 | | - | ENROLLED ACT NO. 3, SENATE |
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38 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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39 | | - | 2025 GENERAL SESSION |
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| 1 | + | 2025 |
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| 2 | + | STATE OF WYOMING |
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| 3 | + | 25LSO-0092 |
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| 4 | + | ENGROSSED |
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| 5 | + | 1SF0020 |
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| 6 | + | SENATE FILE NO. SF0020 |
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| 7 | + | Oil and gas bonding-options and bonding pools. |
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| 8 | + | Sponsored by: Joint Minerals, Business & Economic |
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| 9 | + | Development Interim Committee |
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| 10 | + | A BILL |
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| 11 | + | for |
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| 12 | + | 1 AN ACT relating to oil and gas; requiring the oil and gas |
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| 13 | + | 2 conservation commission to promulgate rules to provide |
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| 14 | + | 3 bonding options for oil and gas operators as specified; |
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| 15 | + | 4 specifying bonding requirements; requiring reports; |
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| 16 | + | 5 specifying uses of the conservation fund; authorizing the |
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| 17 | + | 6 imposition of fees; making conforming amendments; and |
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| 18 | + | 7 providing for effective dates. |
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| 19 | + | 8 |
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| 20 | + | 9 |
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| 21 | + | 10 |
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| 22 | + | 11. W.S. 30-5-129 is created to read: |
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| 23 | + | 12 |
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| 24 | + | 13 |
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| 25 | + | 14 |
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| 26 | + | 15 2025STATE OF WYOMING25LSO-0092 |
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| 27 | + | ENGROSSED |
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| 28 | + | 2SF00201 (a) The commission shall promulgate rules to |
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| 29 | + | 2 establish bonding options in addition to those specified in |
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| 30 | + | 3 W.S. 30-5-104(d)(i)(D) for operators requiring bonds for |
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| 31 | + | 4 producing oil or gas in Wyoming. The program required under |
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| 32 | + | 5 this subsection shall be in accordance with all of the |
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| 33 | + | 6 following: |
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| 34 | + | 7 |
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| 35 | + | 8 (i) The commission shall promulgate all rules |
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| 36 | + | 9 necessary to implement the program, including rules to |
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| 37 | + | 10 provide for operators who produce oil or gas in Wyoming to |
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| 38 | + | 11 voluntarily participate in a bonding pool established under |
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| 39 | + | 12 this subsection; |
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| 40 | + | 13 |
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| 41 | + | 14 (ii) Operators participating in a bonding pool |
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| 42 | + | 15 established under this subsection shall be in good standing |
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| 43 | + | 16 with the commission before participating and shall remain |
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| 44 | + | 17 in good standing with the commission during participation, |
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| 45 | + | 18 including compliance with all bonding requirements required |
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| 46 | + | 19 under this act and the commission's rules. The commission |
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| 47 | + | 20 may establish a process by which the commission may remove |
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| 48 | + | 21 an operator from participating in a bonding pool if the |
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| 49 | + | 22 operator is no longer in good standing with the commission; |
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| 50 | + | 23 2025STATE OF WYOMING25LSO-0092 |
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| 51 | + | ENGROSSED |
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| 52 | + | 3SF00201 (iii) Subject to paragraph (iv) of this |
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| 53 | + | 2 subsection, the commission shall contract with a person to |
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| 54 | + | 3 establish a bonding pool to serve as financial assurance |
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| 55 | + | 4 for the plugging of dry or abandoned wells, for reclamation |
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| 56 | + | 5 requirements, for the forfeiture of any applicable bond and |
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| 57 | + | 6 for any other requirements associated with the operator's |
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| 58 | + | 7 applicable bonds. The bonding pool shall: |
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| 59 | + | 8 |
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| 60 | + | 9 (A) Be established with funds assessed |
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| 61 | + | 10 under paragraph (v) of this subsection or available under |
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| 62 | + | 11 paragraph (vi) of this subsection, including any unexpended |
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| 63 | + | 12 and unobligated funds available in the account established |
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| 64 | + | 13 under W.S. 30-5-116(b). Except as otherwise provided in |
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| 65 | + | 14 this paragraph, no other funds shall be used for the |
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| 66 | + | 15 bonding pool without further legislative authorization; |
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| 67 | + | 16 |
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| 68 | + | 17 (B) Be authorized to accept additional |
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| 69 | + | 18 funds from other sources authorized by law. |
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| 70 | + | 19 |
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| 71 | + | 20 (iv) If the commission determines that |
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| 72 | + | 21 contracting with a person to establish a bonding pool under |
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| 73 | + | 22 paragraph (iii) of this section is impossible, impractical |
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| 74 | + | 23 or not feasible, the commission may establish a bonding 2025STATE OF WYOMING25LSO-0092 |
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| 75 | + | ENGROSSED |
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| 76 | + | 4SF0020 |
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| 77 | + | 1 pool to serve as a secondary level of financial assurance |
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| 78 | + | 2 for the plugging of dry or abandoned wells, for reclamation |
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| 79 | + | 3 requirements, for the forfeiture of any applicable bond and |
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| 80 | + | 4 for any other requirements associated with the operator's |
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| 81 | + | 5 applicable bonds. The bonding pool established under this |
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| 82 | + | 6 paragraph shall: |
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| 83 | + | 7 |
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| 84 | + | 8 (A) Be managed by the commission; |
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| 85 | + | 9 |
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| 86 | + | 10 (B) Require operators to: |
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| 87 | + | 11 |
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| 88 | + | 12 (I) Be in compliance with all bonding |
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| 89 | + | 13 requirements required under this act and the commission's |
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| 90 | + | 14 rules before authorizing operators to participate in the |
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| 91 | + | 15 bonding pool; |
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| 92 | + | 16 |
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| 93 | + | 17 (II) Maintain compliance with all |
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| 94 | + | 18 bonding requirements required under this act and the |
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| 95 | + | 19 commission's rules during the operator's participation in |
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| 96 | + | 20 the bonding pool. |
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| 97 | + | 21 |
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| 98 | + | 22 (C) Be funded by contributions from each |
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| 99 | + | 23 operator participating in the bonding pool in accordance 2025STATE OF WYOMING25LSO-0092 |
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| 100 | + | ENGROSSED |
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| 101 | + | 5SF0020 |
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| 102 | + | 1 with paragraph (v) of this subsection and provide that the |
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| 103 | + | 2 commission may use funds available in accordance with |
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| 104 | + | 3 paragraph (vi) of this subsection. |
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| 105 | + | 4 |
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| 106 | + | 5 (v) The commission may impose an assessment on |
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| 107 | + | 6 each participating operator on the fair cash market value, |
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| 108 | + | 7 as provided in W.S. 39-14-203, of all oil and gas produced, |
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| 109 | + | 8 sold or transported from the operator's wells in Wyoming |
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| 110 | + | 9 that are covered under this subsection in accordance with |
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| 111 | + | 10 this paragraph. Beginning on July 1, 2025 through June 30, |
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| 112 | + | 11 2030, the assessment shall be zero (0) mills on the dollar. |
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| 113 | + | 12 Beginning July 1, 2030, the commission may impose an |
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| 114 | + | 13 assessment under this paragraph in an amount not to exceed |
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| 115 | + | 14 five-tenths of one (1) mill ($0.0005) on the dollar. All |
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| 116 | + | 15 funds collected under this paragraph shall be deposited in |
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| 117 | + | 16 the separate account established under W.S. 30-5-116(b). |
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| 118 | + | 17 For purposes of accounting and investing, funds collected |
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| 119 | + | 18 under this paragraph shall be accounted for separately. |
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| 120 | + | 19 Funds collected under this paragraph shall be expended only |
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| 121 | + | 20 on the bonding pool established under paragraph (iii) or |
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| 122 | + | 21 (iv) of this subsection; |
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| 123 | + | 22 2025STATE OF WYOMING25LSO-0092 |
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| 124 | + | ENGROSSED |
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| 125 | + | 6SF00201 (vi) If funds collected under paragraph (v) of |
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| 126 | + | 2 this subsection are insufficient to satisfy the obligations |
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| 127 | + | 3 of the bonding pool established under paragraph (iii) or |
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| 128 | + | 4 (iv) of this subsection, the commission may expend any |
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| 129 | + | 5 unexpended and unobligated funds available in the account |
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| 130 | + | 6 established under W.S. 30-5-116(b); |
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| 131 | + | 7 |
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| 132 | + | 8 (vii) Funds expended under this subsection shall |
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| 133 | + | 9 only be expended on expenses associated with the plugging |
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| 134 | + | 10 of dry or abandoned wells, reclamation requirements, the |
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| 135 | + | 11 forfeiture of any applicable bond and any other |
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| 136 | + | 12 requirements associated with the operator's applicable |
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| 137 | + | 13 bonds for operators participating in the bonding program |
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| 138 | + | 14 under this subsection; |
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| 139 | + | 15 |
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| 140 | + | 16 (viii) The commission may enter into agreements |
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| 141 | + | 17 with the United States or any federal agency to provide for |
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| 142 | + | 18 the plugging of dry or abandoned wells, for reclamation |
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| 143 | + | 19 requirements and for any other requirements associated with |
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| 144 | + | 20 the operator's applicable bonds for any operator |
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| 145 | + | 21 participating in the bonding pool established in this |
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| 146 | + | 22 subsection whose wells are located on federal land, without |
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| 147 | + | 23 the forfeiture of the operator's federal bond; 2025STATE OF WYOMING25LSO-0092 |
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| 148 | + | ENGROSSED |
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| 149 | + | 7SF00201 |
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| 150 | + | 2 (ix) The commission may provide for the transfer |
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| 151 | + | 3 of an operator's financial assurance provided under this |
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| 152 | + | 4 section to another operator, if the transfer is necessary |
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| 153 | + | 5 to ensure that the receiving operator may participate in |
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| 154 | + | 6 the bonding options established under this section. No |
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| 155 | + | 7 transfer shall occur until the commission has completed a |
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| 156 | + | 8 bonding review of the operator to whom the financial |
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| 157 | + | 9 assurance is transferred; |
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| 158 | + | 10 |
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| 159 | + | 11 (x) The commission may establish a process by |
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| 160 | + | 12 which an operator in good standing with the commission and |
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| 161 | + | 13 that participates in the bonding pool established under |
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| 162 | + | 14 this subsection may reduce requirements associated with the |
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| 163 | + | 15 furnishing of a surety bond or other guaranty in accordance |
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| 164 | + | 16 with this act. Nothing under this paragraph shall be |
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| 165 | + | 17 construed to relieve an operator of the requirement to pay |
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| 166 | + | 18 any assessment imposed under paragraph (v) of this |
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| 167 | + | 19 subsection. Before the commission reduces bonding |
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| 168 | + | 20 requirements under this paragraph, the commission shall |
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| 169 | + | 21 complete a risk analysis to ensure that the reduction does |
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| 170 | + | 22 not: |
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| 171 | + | 23 2025STATE OF WYOMING25LSO-0092 |
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| 172 | + | ENGROSSED |
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| 173 | + | 8SF00201 (A) Increase the risk that an operator will |
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| 174 | + | 2 be unable to satisfy all plugging and repairing |
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| 175 | + | 3 requirements for the operator's wells; and |
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| 176 | + | 4 |
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| 177 | + | 5 (B) Impair the financial condition of the |
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| 178 | + | 6 bonding pool established under this section or impair the |
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| 179 | + | 7 ability to address the plugging and repairing of dry or |
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| 180 | + | 8 abandoned wells in accordance with this act or to address |
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| 181 | + | 9 the forfeiture of any applicable bonds. |
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| 182 | + | 10 |
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| 183 | + | 11 (xi) Not later than October 1, 2025 and each |
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| 184 | + | 12 October 1 thereafter, the commission shall report to the |
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| 185 | + | 13 joint minerals, business and economic development interim |
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| 186 | + | 14 committee and the joint appropriations committee on the |
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| 187 | + | 15 bonding program created under this subsection. The report |
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| 188 | + | 16 shall include, at a minimum: |
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| 189 | + | 17 |
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| 190 | + | 18 (A) The number of operators participating |
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| 191 | + | 19 in the program, including any operators added to or removed |
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| 192 | + | 20 from the program; |
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| 193 | + | 21 |
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| 194 | + | 22 (B) The amount of funds collected under |
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| 195 | + | 23 paragraph (v) of this subsection; 2025STATE OF WYOMING25LSO-0092 |
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| 196 | + | ENGROSSED |
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| 197 | + | 9SF00201 |
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| 198 | + | 2 (C) The amount and source of funds expended |
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| 199 | + | 3 for the program under this subsection; |
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| 200 | + | 4 |
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| 201 | + | 5 (D) The number and type of bonds supported |
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| 202 | + | 6 by the program established under this subsection and the |
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| 203 | + | 7 total amount of all bonds supported by the program. |
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| 204 | + | 8 |
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| 205 | + | 9 (b) The commission shall establish a financial |
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| 206 | + | 10 assurance to be available in the event that an operator's |
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| 207 | + | 11 surety bond or other guaranty and the bonding pool |
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| 208 | + | 12 established under this section are insufficient to address |
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| 209 | + | 13 any expenses for the plugging of dry or abandoned wells, |
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| 210 | + | 14 for reclamation requirements, for the forfeiture of any |
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| 211 | + | 15 applicable bond and for any other requirements associated |
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| 212 | + | 16 with the operator's applicable bonds for operators |
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| 213 | + | 17 participating under this section. In establishing the |
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| 214 | + | 18 financial assurance, the commission: |
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| 215 | + | 19 |
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| 216 | + | 20 (i) May expend any unexpended and unobligated |
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| 217 | + | 21 funds available in the account established under W.S. |
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| 218 | + | 22 30-5-116(b) to provide the financial assurance, subject to |
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| 219 | + | 23 paragraph (vi) of this subsection; 2025STATE OF WYOMING25LSO-0092 |
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| 220 | + | ENGROSSED |
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| 221 | + | 10SF00201 |
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| 222 | + | 2 (ii) Shall ensure that the financial assurance, |
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| 223 | + | 3 when combined with operator surety bonds or other |
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| 224 | + | 4 guaranties and the bonding pool established under paragraph |
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| 225 | + | 5 (a)(iii) or (iv) of this section, satisfies all bonding |
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| 226 | + | 6 requirements for oil or gas operations; |
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| 227 | + | 7 |
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| 228 | + | 8 (iii) May contract with any third party to |
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| 229 | + | 9 provide for the financial assurance under this subsection. |
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| 230 | + | 10 As part of any contract under this paragraph, the |
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| 231 | + | 11 commission may expend any unexpended and unobligated funds |
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| 232 | + | 12 available in the account established under W.S. |
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| 233 | + | 13 30-5-116(b), subject to paragraph (vi) of this subsection; |
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| 234 | + | 14 |
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| 235 | + | 15 (iv) May contract with a company that is |
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| 236 | + | 16 certified under the United States department of treasury, |
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| 237 | + | 17 bureau of the fiscal service as an approved surety bond |
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| 238 | + | 18 company to ensure that the financial assurance established |
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| 239 | + | 19 under this subsection satisfies federal bonding |
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| 240 | + | 20 requirements; |
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| 241 | + | 21 2025STATE OF WYOMING25LSO-0092 |
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| 242 | + | ENGROSSED |
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| 243 | + | 11SF00201 (v) May enter into any agreement with the United |
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| 244 | + | 2 States or any federal agency to ensure that the financial |
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| 245 | + | 3 assurance satisfies federal bonding requirements; |
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| 246 | + | 4 |
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| 247 | + | 5 (vi) Shall not expend any funds under this |
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| 248 | + | 6 subsection unless the operator's surety bond or other |
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| 249 | + | 7 guaranty and funds from any bonding pool established under |
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| 250 | + | 8 paragraph (a)(iii) or (iv) of this section are insufficient |
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| 251 | + | 9 to address all expenses for the plugging of dry or |
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| 252 | + | 10 abandoned wells, for reclamation requirements, for the |
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| 253 | + | 11 forfeiture of any applicable bond and for any other |
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| 254 | + | 12 requirements associated with the operator's applicable |
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| 255 | + | 13 bonds; |
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| 256 | + | 14 |
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| 257 | + | 15 (vii) Shall, not later than ten (10) days after |
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| 258 | + | 16 expending funds available under this subsection, report to |
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| 259 | + | 17 the joint minerals, business and economic development |
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| 260 | + | 18 interim committee and the joint appropriations committee on |
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| 261 | + | 19 the expenditure. |
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| 262 | + | 20 |
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| 263 | + | 21 (c) The commission may enter into agreements with the |
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| 264 | + | 22 United States or any federal agency to provide for the |
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| 265 | + | 23 plugging of dry or abandoned wells, for reclamation 2025STATE OF WYOMING25LSO-0092 |
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| 266 | + | ENGROSSED |
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| 267 | + | 12SF0020 |
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| 268 | + | 1 requirements and for any other requirements associated with |
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| 269 | + | 2 the operator's applicable bonds for any operator |
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| 270 | + | 3 participating in the bonding options provided in this |
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| 271 | + | 4 section that are located on federal land, without the |
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| 272 | + | 5 forfeiture of the operator's federal bond. In executing any |
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| 273 | + | 6 agreement entered into under this subsection, the |
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| 274 | + | 7 commission may expend: |
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| 275 | + | 8 |
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| 276 | + | 9 (i) The operator's surety bond or other |
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| 277 | + | 10 guaranty; |
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| 278 | + | 11 |
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| 279 | + | 12 (ii) If the operator's surety bond or other |
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| 280 | + | 13 guaranty is insufficient, unexpended, unobligated funds |
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| 281 | + | 14 from the bonding pool established under paragraph (a)(iii) |
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| 282 | + | 15 or (iv) of this section. |
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| 283 | + | 16 |
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| 284 | + | 17 (d) Unless specifically authorized in this section, |
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| 285 | + | 18 nothing in this section shall be construed to abrogate an |
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| 286 | + | 19 operator's responsibility to: |
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| 287 | + | 20 |
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| 288 | + | 21 (i) Furnish a surety bond or other guaranty in |
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| 289 | + | 22 accordance with W.S. 30-5-104(d)(i)(D) and the rules of the |
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| 290 | + | 23 commission; 2025STATE OF WYOMING25LSO-0092 |
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| 291 | + | ENGROSSED |
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| 292 | + | 13SF00201 |
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| 293 | + | 2 (ii) Complete any plugging, repairing or |
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| 294 | + | 3 reclamation of wells in accordance with this act and the |
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| 295 | + | 4 rules of the commission. |
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| 296 | + | 5 |
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| 297 | + | 6W.S. 30-5-116(b)(intro), 30-5-404(g) and |
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| 298 | + | 7 35-11-504(c)(iv) are amended to read: |
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| 299 | + | 8 |
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| 300 | + | 9 |
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| 301 | + | 10 |
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| 302 | + | 11 |
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| 303 | + | 12 |
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| 304 | + | 13 (b) There is assessed on the fair cash market value |
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| 305 | + | 14 as provided by W.S. 39-14-203, of all oil and gas produced, |
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| 306 | + | 15 sold or transported from the premises in Wyoming a charge |
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| 307 | + | 16 not to exceed eight-tenths of one (1) mill ($.0008) on the |
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| 308 | + | 17 dollar. The commission shall by order fix the amount of the |
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| 309 | + | 18 charge in the first instance and may reduce or increase the |
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| 310 | + | 19 amount as the expenses chargeable may require. The amounts |
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| 311 | + | 20 fixed by the commission shall not exceed the limit |
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| 312 | + | 21 prescribed above. It is the duty of the commission to |
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| 313 | + | 22 collect all assessments. All monies collected shall be |
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| 314 | + | 23 remitted to the state treasurer for deposit in a separate 2025STATE OF WYOMING25LSO-0092 |
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| 315 | + | ENGROSSED |
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| 316 | + | 14SF0020 |
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| 317 | + | 1 account and used exclusively to pay the costs and expenses |
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| 318 | + | 2 incurred in connection with the administration and |
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| 319 | + | 3 enforcement of W.S. 30-5-101 through 30-5-119 |
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| 320 | + | 4 |
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| 321 | + | 5 |
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| 322 | + | 6 |
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| 323 | + | 7 |
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| 324 | + | 8 |
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| 325 | + | 9. The persons owning a working interest, royalty |
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| 326 | + | 10 interest, payments out of production, or any other interest |
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| 327 | + | 11 in the oil and gas or in the proceeds thereof, subject to |
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| 328 | + | 12 the charge in this subsection are liable for the charge in |
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| 329 | + | 13 proportion to their ownership at the time of production. |
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| 330 | + | 14 The charge so assessed is payable monthly. The sum due is |
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| 331 | + | 15 payable to the commission, on or before the twenty-fifth of |
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| 332 | + | 16 the second month following the month in which the charge |
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| 333 | + | 17 accrued by the producer on behalf of himself and all other |
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| 334 | + | 18 interested persons. If there is a sale of oil or gas within |
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| 335 | + | 19 this state the charge is payable by the purchaser. Any |
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| 336 | + | 20 charge not paid within the time specified bears interest at |
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| 337 | + | 21 the rate of one percent (1%) per month from the date of |
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| 338 | + | 22 delinquency until paid. This charge together with the |
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| 339 | + | 23 interest is a lien upon the oil or gas against which it is 2025STATE OF WYOMING25LSO-0092 |
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| 340 | + | ENGROSSED |
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| 341 | + | 15SF0020 |
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| 342 | + | 1 levied and assessed. The person paying the charge as |
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| 343 | + | 2 provided is authorized and required to deduct from any |
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| 344 | + | 3 amounts due the persons owning an interest in the oil and |
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| 345 | + | 4 gas or in the proceeds at the time of production the |
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| 346 | + | 5 proportionate amount of the charge before making the |
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| 347 | + | 6 payment. Subsection (b) of this section shall apply to all |
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| 348 | + | 7 lands in the state of Wyoming, notwithstanding the |
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| 349 | + | 8 provisions of W.S. 30-5-118, however, there is exempted |
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| 350 | + | 9 from the charge as levied and assessed the following: |
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| 351 | + | 10 |
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| 352 | + | 11 |
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| 353 | + | 12 |
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| 354 | + | 13 |
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| 355 | + | 14 (g) Any surety bond or guaranty executed under this |
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| 356 | + | 15 section shall be in addition to the surety bond or guaranty |
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| 357 | + | 16 required under W.S. 30-5-104(d)(i)(D) for |
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| 358 | + | 17 reclamation and compliance with rules and orders of the |
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| 359 | + | 18 commission. |
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| 360 | + | 19 |
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| 361 | + | 20 |
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| 362 | + | 21 |
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| 363 | + | 22 2025STATE OF WYOMING25LSO-0092 |
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| 364 | + | ENGROSSED |
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| 365 | + | 16SF00201 (c) Rules and regulations of the council promulgated |
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| 366 | + | 2 to implement the bonding or financial assurance |
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| 367 | + | 3 requirements of this section shall exempt any solid waste |
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| 368 | + | 4 management facility: |
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| 369 | + | 5 |
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| 370 | + | 6 (iv) Which is subject to bonding or financial |
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| 371 | + | 7 assurance requirements under W.S. 30-5-104(d)(i)(D), |
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| 372 | + | 8 or 30 U.S.C. 226(g) as amended as of January 1, |
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| 373 | + | 9 1989; or |
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| 374 | + | 10 |
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| 375 | + | 11. The Wyoming oil and gas conservation |
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| 376 | + | 12 commission shall promulgate all rules necessary to |
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| 377 | + | 13 implement this act. |
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| 378 | + | 14 2025STATE OF WYOMING25LSO-0092 |
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| 379 | + | ENGROSSED |
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| 380 | + | 17SF00201. |
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41 | | - | an operator from participating in a bonding pool if the |
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42 | | - | operator is no longer in good standing with the commission; |
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43 | | - | (iii) Subject to paragraph (iv) of this |
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44 | | - | subsection, the commission shall contract with a person to |
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45 | | - | establish a bonding pool to serve as financial assurance |
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46 | | - | for the plugging of dry or abandoned wells, for reclamation |
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47 | | - | requirements, for the forfeiture of any applicable bond and |
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48 | | - | for any other requirements associated with the operator's |
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49 | | - | applicable bonds. The bonding pool shall: |
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50 | | - | (A) Be established with funds assessed |
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51 | | - | under paragraph (v) of this subsection or available under |
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52 | | - | paragraph (vi) of this subsection, including any unexpended |
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53 | | - | and unobligated funds available in the account established |
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54 | | - | under W.S. 30-5-116(b). Except as otherwise provided in |
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55 | | - | this paragraph, no other funds shall be used for the |
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56 | | - | bonding pool without further legislative authorization; |
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57 | | - | (B) Be authorized to accept additional |
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58 | | - | funds from other sources authorized by law. |
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59 | | - | (iv) If the commission determines that |
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60 | | - | contracting with a person to establish a bonding pool under |
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61 | | - | paragraph (iii) of this section is impossible, impractical |
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62 | | - | or not feasible, the commission may establish a bonding |
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63 | | - | pool to serve as a secondary level of financial assurance |
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64 | | - | for the plugging of dry or abandoned wells, for reclamation |
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65 | | - | requirements, for the forfeiture of any applicable bond and |
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66 | | - | for any other requirements associated with the operator's |
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67 | | - | applicable bonds. The bonding pool established under this |
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68 | | - | paragraph shall: |
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69 | | - | (A) Be managed by the commission; ORIGINAL SENATE |
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70 | | - | FILE NO. SF0020 |
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71 | | - | ENROLLED ACT NO. 3, SENATE |
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72 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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73 | | - | 2025 GENERAL SESSION |
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74 | | - | 3 (B) Require operators to: |
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75 | | - | (I) Be in compliance with all bonding |
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76 | | - | requirements required under this act and the commission's |
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77 | | - | rules before authorizing operators to participate in the |
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78 | | - | bonding pool; |
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79 | | - | (II) Maintain compliance with all |
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80 | | - | bonding requirements required under this act and the |
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81 | | - | commission's rules during the operator's participation in |
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82 | | - | the bonding pool. |
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83 | | - | (C) Be funded by contributions from each |
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84 | | - | operator participating in the bonding pool in accordance |
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85 | | - | with paragraph (v) of this subsection and provide that the |
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86 | | - | commission may use funds available in accordance with |
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87 | | - | paragraph (vi) of this subsection. |
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88 | | - | (v) The commission may impose an assessment on |
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89 | | - | each participating operator on the fair cash market value, |
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90 | | - | as provided in W.S. 39-14-203, of all oil and gas produced, |
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91 | | - | sold or transported from the operator's wells in Wyoming |
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92 | | - | that are covered under this subsection in accordance with |
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93 | | - | this paragraph. Beginning on July 1, 2025 through June 30, |
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94 | | - | 2030, the assessment shall be zero (0) mills on the dollar. |
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95 | | - | Beginning July 1, 2030, the commission may impose an |
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96 | | - | assessment under this paragraph in an amount not to exceed |
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97 | | - | five-tenths of one (1) mill ($0.0005) on the dollar. All |
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98 | | - | funds collected under this paragraph shall be deposited in |
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99 | | - | the separate account established under W.S. 30-5-116(b). |
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100 | | - | For purposes of accounting and investing, funds collected |
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101 | | - | under this paragraph shall be accounted for separately. |
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102 | | - | Funds collected under this paragraph shall be expended only |
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103 | | - | on the bonding pool established under paragraph (iii) or |
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104 | | - | (iv) of this subsection; ORIGINAL SENATE |
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105 | | - | FILE NO. SF0020 |
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106 | | - | ENROLLED ACT NO. 3, SENATE |
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107 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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108 | | - | 2025 GENERAL SESSION |
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109 | | - | 4 |
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110 | | - | (vi) If funds collected under paragraph (v) of |
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111 | | - | this subsection are insufficient to satisfy the obligations |
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112 | | - | of the bonding pool established under paragraph (iii) or |
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113 | | - | (iv) of this subsection, the commission may expend any |
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114 | | - | unexpended and unobligated funds available in the account |
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115 | | - | established under W.S. 30-5-116(b); |
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116 | | - | (vii) Funds expended under this subsection shall |
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117 | | - | only be expended on expenses associated with the plugging |
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118 | | - | of dry or abandoned wells, reclamation requirements, the |
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119 | | - | forfeiture of any applicable bond and any other |
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120 | | - | requirements associated with the operator's applicable |
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121 | | - | bonds for operators participating in the bonding program |
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122 | | - | under this subsection; |
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123 | | - | (viii) The commission may enter into agreements |
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124 | | - | with the United States or any federal agency to provide for |
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125 | | - | the plugging of dry or abandoned wells, for reclamation |
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126 | | - | requirements and for any other requirements associated with |
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127 | | - | the operator's applicable bonds for any operator |
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128 | | - | participating in the bonding pool established in this |
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129 | | - | subsection whose wells are located on federal land, without |
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130 | | - | the forfeiture of the operator's federal bond; |
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131 | | - | (ix) The commission may provide for the transfer |
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132 | | - | of an operator's financial assurance provided under this |
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133 | | - | section to another operator, if the transfer is necessary |
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134 | | - | to ensure that the receiving operator may participate in |
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135 | | - | the bonding options established under this section. No |
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136 | | - | transfer shall occur until the commission has completed a |
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137 | | - | bonding review of the operator to whom the financial |
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138 | | - | assurance is transferred; ORIGINAL SENATE |
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139 | | - | FILE NO. SF0020 |
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140 | | - | ENROLLED ACT NO. 3, SENATE |
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141 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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142 | | - | 2025 GENERAL SESSION |
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143 | | - | 5(x) The commission may establish a process by |
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144 | | - | which an operator in good standing with the commission and |
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145 | | - | that participates in the bonding pool established under |
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146 | | - | this subsection may reduce requirements associated with the |
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147 | | - | furnishing of a surety bond or other guaranty in accordance |
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148 | | - | with this act. Nothing under this paragraph shall be |
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149 | | - | construed to relieve an operator of the requirement to pay |
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150 | | - | any assessment imposed under paragraph (v) of this |
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151 | | - | subsection. Before the commission reduces bonding |
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152 | | - | requirements under this paragraph, the commission shall |
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153 | | - | complete a risk analysis to ensure that the reduction does |
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154 | | - | not: |
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155 | | - | (A) Increase the risk that an operator will |
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156 | | - | be unable to satisfy all plugging and repairing |
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157 | | - | requirements for the operator's wells; and |
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158 | | - | (B) Impair the financial condition of the |
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159 | | - | bonding pool established under this section or impair the |
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160 | | - | ability to address the plugging and repairing of dry or |
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161 | | - | abandoned wells in accordance with this act or to address |
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162 | | - | the forfeiture of any applicable bonds. |
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163 | | - | (xi) Not later than October 1, 2025 and each |
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164 | | - | October 1 thereafter, the commission shall report to the |
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165 | | - | joint minerals, business and economic development interim |
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166 | | - | committee and the joint appropriations committee on the |
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167 | | - | bonding program created under this subsection. The report |
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168 | | - | shall include, at a minimum: |
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169 | | - | (A) The number of operators participating |
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170 | | - | in the program, including any operators added to or removed |
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171 | | - | from the program; ORIGINAL SENATE |
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172 | | - | FILE NO. SF0020 |
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173 | | - | ENROLLED ACT NO. 3, SENATE |
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174 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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175 | | - | 2025 GENERAL SESSION |
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176 | | - | 6 (B) The amount of funds collected under |
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177 | | - | paragraph (v) of this subsection; |
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178 | | - | (C) The amount and source of funds expended |
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179 | | - | for the program under this subsection; |
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180 | | - | (D) The number and type of bonds supported |
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181 | | - | by the program established under this subsection and the |
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182 | | - | total amount of all bonds supported by the program. |
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183 | | - | (b) The commission shall establish a financial |
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184 | | - | assurance to be available in the event that an operator's |
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185 | | - | surety bond or other guaranty and the bonding pool |
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186 | | - | established under this section are insufficient to address |
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187 | | - | any expenses for the plugging of dry or abandoned wells, |
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188 | | - | for reclamation requirements, for the forfeiture of any |
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189 | | - | applicable bond and for any other requirements associated |
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190 | | - | with the operator's applicable bonds for operators |
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191 | | - | participating under this section. In establishing the |
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192 | | - | financial assurance, the commission: |
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193 | | - | (i) May expend any unexpended and unobligated |
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194 | | - | funds available in the account established under W.S. |
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195 | | - | 30-5-116(b) to provide the financial assurance, subject to |
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196 | | - | paragraph (vi) of this subsection; |
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197 | | - | (ii) Shall ensure that the financial assurance, |
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198 | | - | when combined with operator surety bonds or other |
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199 | | - | guaranties and the bonding pool established under paragraph |
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200 | | - | (a)(iii) or (iv) of this section, satisfies all bonding |
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201 | | - | requirements for oil or gas operations; |
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202 | | - | (iii) May contract with any third party to |
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203 | | - | provide for the financial assurance under this subsection. |
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204 | | - | As part of any contract under this paragraph, the ORIGINAL SENATE |
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205 | | - | FILE NO. SF0020 |
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206 | | - | ENROLLED ACT NO. 3, SENATE |
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207 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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208 | | - | 2025 GENERAL SESSION |
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209 | | - | 7 |
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210 | | - | commission may expend any unexpended and unobligated funds |
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211 | | - | available in the account established under W.S. |
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212 | | - | 30-5-116(b), subject to paragraph (vi) of this subsection; |
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213 | | - | (iv) May contract with a company that is |
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214 | | - | certified under the United States department of treasury, |
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215 | | - | bureau of the fiscal service as an approved surety bond |
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216 | | - | company to ensure that the financial assurance established |
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217 | | - | under this subsection satisfies federal bonding |
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218 | | - | requirements; |
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219 | | - | (v) May enter into any agreement with the United |
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220 | | - | States or any federal agency to ensure that the financial |
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221 | | - | assurance satisfies federal bonding requirements; |
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222 | | - | (vi) Shall not expend any funds under this |
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223 | | - | subsection unless the operator's surety bond or other |
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224 | | - | guaranty and funds from any bonding pool established under |
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225 | | - | paragraph (a)(iii) or (iv) of this section are insufficient |
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226 | | - | to address all expenses for the plugging of dry or |
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227 | | - | abandoned wells, for reclamation requirements, for the |
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228 | | - | forfeiture of any applicable bond and for any other |
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229 | | - | requirements associated with the operator's applicable |
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230 | | - | bonds; |
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231 | | - | (vii) Shall, not later than ten (10) days after |
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232 | | - | expending funds available under this subsection, report to |
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233 | | - | the joint minerals, business and economic development |
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234 | | - | interim committee and the joint appropriations committee on |
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235 | | - | the expenditure. |
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236 | | - | (c) The commission may enter into agreements with the |
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237 | | - | United States or any federal agency to provide for the |
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238 | | - | plugging of dry or abandoned wells, for reclamation |
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239 | | - | requirements and for any other requirements associated with ORIGINAL SENATE |
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240 | | - | FILE NO. SF0020 |
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241 | | - | ENROLLED ACT NO. 3, SENATE |
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242 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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243 | | - | 2025 GENERAL SESSION |
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244 | | - | 8 |
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245 | | - | the operator's applicable bonds for any operator |
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246 | | - | participating in the bonding options provided in this |
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247 | | - | section that are located on federal land, without the |
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248 | | - | forfeiture of the operator's federal bond. In executing any |
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249 | | - | agreement entered into under this subsection, the |
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250 | | - | commission may expend: |
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251 | | - | (i) The operator's surety bond or other |
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252 | | - | guaranty; |
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253 | | - | (ii) If the operator's surety bond or other |
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254 | | - | guaranty is insufficient, unexpended, unobligated funds |
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255 | | - | from the bonding pool established under paragraph (a)(iii) |
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256 | | - | or (iv) of this section. |
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257 | | - | (d) Unless specifically authorized in this section, |
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258 | | - | nothing in this section shall be construed to abrogate an |
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259 | | - | operator's responsibility to: |
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260 | | - | (i) Furnish a surety bond or other guaranty in |
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261 | | - | accordance with W.S. 30-5-104(d)(i)(D) and the rules of the |
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262 | | - | commission; |
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263 | | - | (ii) Complete any plugging, repairing or |
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264 | | - | reclamation of wells in accordance with this act and the |
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265 | | - | rules of the commission. |
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266 | | - | Section 2. W.S. 30-5-116(b)(intro), 30-5-404(g) and |
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267 | | - | 35-11-504(c)(iv) are amended to read: |
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268 | | - | 30-5-116. Disposition of monies; permissible |
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269 | | - | expenditures; payment of expenses; charge assessed on value |
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270 | | - | of oil or gas produced. ORIGINAL SENATE |
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271 | | - | FILE NO. SF0020 |
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272 | | - | ENROLLED ACT NO. 3, SENATE |
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273 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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274 | | - | 2025 GENERAL SESSION |
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275 | | - | 9(b) There is assessed on the fair cash market value |
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276 | | - | as provided by W.S. 39-14-203, of all oil and gas produced, |
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277 | | - | sold or transported from the premises in Wyoming a charge |
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278 | | - | not to exceed eight-tenths of one (1) mill ($.0008) on the |
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279 | | - | dollar. The commission shall by order fix the amount of the |
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280 | | - | charge in the first instance and may reduce or increase the |
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281 | | - | amount as the expenses chargeable may require. The amounts |
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282 | | - | fixed by the commission shall not exceed the limit |
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283 | | - | prescribed above. It is the duty of the commission to |
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284 | | - | collect all assessments. All monies collected shall be |
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285 | | - | remitted to the state treasurer for deposit in a separate |
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286 | | - | account and used exclusively to pay the costs and expenses |
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287 | | - | incurred in connection with the administration and |
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288 | | - | enforcement of W.S. 30-5-101 through 30-5-119 |
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289 | | - | the expenses for the plugging of dry or abandoned wells, |
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290 | | - | for reclamation requirements, for the forfeiture of any |
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291 | | - | applicable bond and for any other requirements associated |
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292 | | - | with the operator's applicable bonds for operators |
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293 | | - | participating in the program established under W.S. |
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294 | | - | 30-5-129. The persons owning a working interest, royalty |
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295 | | - | interest, payments out of production, or any other interest |
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296 | | - | in the oil and gas or in the proceeds thereof, subject to |
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297 | | - | the charge in this subsection are liable for the charge in |
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298 | | - | proportion to their ownership at the time of production. |
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299 | | - | The charge so assessed is payable monthly. The sum due is |
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300 | | - | payable to the commission, on or before the twenty-fifth of |
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301 | | - | the second month following the month in which the charge |
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302 | | - | accrued by the producer on behalf of himself and all other |
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303 | | - | interested persons. If there is a sale of oil or gas within |
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304 | | - | this state the charge is payable by the purchaser. Any |
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305 | | - | charge not paid within the time specified bears interest at |
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306 | | - | the rate of one percent (1%) per month from the date of |
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307 | | - | delinquency until paid. This charge together with the |
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308 | | - | interest is a lien upon the oil or gas against which it is |
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309 | | - | levied and assessed. The person paying the charge as ORIGINAL SENATE |
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310 | | - | FILE NO. SF0020 |
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311 | | - | ENROLLED ACT NO. 3, SENATE |
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312 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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313 | | - | 2025 GENERAL SESSION |
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| 382 | + | 3 (a) Except as provided in subsection (b) of this |
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| 383 | + | 4 section, this act is effective July 1, 2025. |
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| 384 | + | 5 |
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| 385 | + | 6 (b) Sections 3 and 4 are effective immediately upon |
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| 386 | + | 7 completion of all acts necessary for a bill to become law |
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| 387 | + | 8 as provided by Article 4, Section 8 of the Wyoming |
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| 388 | + | 9 Constitution. |
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