HB 5415
New and existing Orphan Well Prevention Act
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the New and Existing Orphan Well Prevention Act of 2026, aims to prevent oil and gas wells from becoming ‘orphaned’ – meaning they are abandoned without a responsible operator to plug them – on surface owner’s land. It establishes procedures for preventing these wells from posing environmental and safety risks, and requires operators to set aside funds in an escrow account to cover the cost of plugging these wells. The bill also introduces requirements for new well permits to address this issue proactively.
Key provisions
- Creates a new article in the West Virginia Code addressing orphan oil and gas wells.
- Requires operators of new wells to provide a single well bond or a plugging money escrow agreement.
- Mandates the establishment of a plugging money set-aside escrow account to cover plugging costs.
- Requires previous operators to plug wells if a leak is detected and the current operator fails to do so.
- Establishes a rate for payments into the escrow account based on production levels.
- Requires drillers of new wells to agree to plug existing orphaned wells in the leased area.
- Allows surface owners to defer plugging requirements under certain circumstances, subject to specific conditions.
- Defines drainage areas for the purpose of plugging requirements.
Who is affected
- Oil and gas operators in West Virginia
- Surface landowners
- The State Treasurer’s Office
- The Office of Oil and Gas
- The general public (due to environmental and safety concerns)
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