87R633 BRG-F     By: Guillen H.B. No. 4367       A BILL TO BE ENTITLED   AN ACT   relating to the reduction and plugging of orphaned oil and gas   wells; providing for the imposition of a fee and an exemption from   certain taxes and fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 81.067(c), Natural Resources Code, is   amended to read as follows:          (c)  The fund consists of:                (1)  proceeds from bonds and other financial security   required by this chapter and benefits under well-specific plugging   insurance policies described by Section 91.104(c) that are paid to   the state as contingent beneficiary of the policies, subject to the   refund provisions of Section 91.1091, if applicable;                (2)  private contributions, including contributions   made under Section 89.084;                (3)  expenses collected under Section 89.083;                (4)  fees imposed under Section 85.2021;                (5)  costs recovered under Section 91.457 or 91.459;                (6)  proceeds collected under Sections 89.085 and   91.115;                (7)  interest earned on the funds deposited in the   fund;                (8)  oil and gas waste hauler permit application fees   collected under Section 29.015, Water Code;                (9)  costs recovered under Section 91.113(f);                (10)  hazardous oil and gas waste generation fees   collected under Section 91.605;                (11)  oil-field cleanup regulatory fees on oil   collected under Section 81.116;                (12)  oil-field cleanup regulatory fees on gas   collected under Section 81.117;                (13)  fees for a reissued certificate collected under   Section 91.707;                (14)  fees collected under Section 91.1013;                (15)  fees collected under Section 89.088;                (16)  fees collected under Section 91.142;                (17)  fees collected under Section 91.654;                (18)  costs recovered under Sections 91.656 and 91.657;                (19)  fees collected under Section 81.0521;                (20)  fees collected under Sections 89.024 and 89.026;                (21)  legislative appropriations;                (22)  any surcharges collected under Section 81.070;                (23)  fees collected under Section 91.0115;                (24)  fees collected under Subchapter E, Chapter 121,   Utilities Code;                (25)  fees collected under Section 27.0321, Water Code;                (26)  fees collected under Section 81.071; [and]                (27)  money collected under Section 81.021; and                (28)  fees collected under Section 89.0475.          SECTION 2.  The heading to Section 89.047, Natural Resources   Code, is amended to read as follows:          Sec. 89.047.  ORPHANED WELL REDUCTION PROGRAM: OPERATORS   DESIGNATED IN 2006 OR 2007.          SECTION 3.  Subchapter C, Chapter 89, Natural Resources   Code, is amended by adding Section 89.0475 to read as follows:          Sec. 89.0475.  REDUCTION AND PLUGGING OF ORPHANED WELLS:   OPERATORS DESIGNATED BEGINNING IN 2022. (a) In this section,   "operator in good standing" and "orphaned well" have the meanings   assigned by Section 89.047.          (b)  The commission shall designate a person who is an   operator in good standing as the operator of an orphaned well if the   person files with the commission:                (1)  a factually supported claim based on a recognized   legal theory to a continuing possessory right in the mineral estate   accessed by the well, such as evidence of a current oil and gas   lease or a recorded deed conveying a fee interest in the mineral   estate;                (2)  a completed certificate of compliance; and                (3)  a nonrefundable fee in the amount of $250.          (c)  A fee collected under Subsection (b)(3) shall be   deposited to the credit of the oil and gas regulation and cleanup   fund.          (d)  A person who is designated as the operator of an   orphaned well on or after January 1, 2022, is entitled to receive:                (1)  a nontransferable exemption from severance taxes   for production from the well as provided by Section 202.060, Tax   Code, until the fifth anniversary of the date the commission   designates the person as the operator of the well;                (2)  a nontransferable exemption from the fees provided   by Sections 81.116 and 81.117 for production from the well until the   fifth anniversary of the date the commission designates the person   as the operator of the well; and                (3)  a payment from the commission in the amount   described by Subsection (f) using money from the oil and gas   regulation and cleanup fund.          (e)  A person who is designated as the operator of an   orphaned well is entitled to a payment under Subsection (d)(3) only   if:                (1)  not later than the first anniversary of the date   the commission designates the person as the operator of the well:                       (A)  the person plugs the well in accordance with   commission rules; or                      (B)  the commission approves the application of   the owner of the surface estate of the tract of land on which the   well is located to condition the well for fresh water production and   the person designated as the operator of the well plugs the well in   accordance with commission rules up to the base of the usable   quality water stratum; and                (2)  not later than the end of the state fiscal year   following the state fiscal year in which the person plugs the well,   the person submits to the commission:                      (A)  a request for reimbursement for plugging the   well; and                      (B)  documentation of the cost of plugging the   well.          (f)  The amount to which a person is entitled under   Subsection (d)(3) is equal to 50 percent of the lesser of:                (1)  the documented well-plugging costs; or                (2)  the average cost incurred by the commission in the   preceding 24 months in plugging similar wells located in the same   county or general area.          (g)  The commission shall make payments to persons under   Subsection (d)(3) annually in the same order the commission   determines the persons to be entitled to the payments. The   aggregate amount of payments in a state fiscal year under   Subsection (d)(3) may not exceed $500,000. A person may not   receive:                (1)  more than one payment under Subsection (d)(3) for   the same well; or                (2)  cumulative payments in an amount that exceeds the   amount of the bond, letter of credit, or cash deposit the person has   filed with the commission under Section 91.104.          SECTION 4.  The heading to Section 89.048, Natural Resources   Code, is amended to read as follows:          Sec. 89.048.  PLUGGING OF WELL BY SURFACE ESTATE OWNER OR   AFFECTED PERSON.          SECTION 5.  Section 89.048, Natural Resources Code, is   amended by adding Subsection (b-1) and amending Subsections (c) and   (d) to read as follows:          (b-1)  On approval by the commission, a person affected by an   orphaned well, including a person who does not have a good faith   claim to the mineral estate accessed by the well, may act as an   agent of the commission to contract with a well plugger to plug the   well.          (c)  If the surface estate owner or affected person enters   into a contract under Subsection (b) or (b-1), as applicable, the   well plugger shall:                (1)  not later than the 15th [30th] day before the date   the well is plugged, mail notice of its intent to plug the well to   the operator of the well at the operator's address as shown by the   records of the commission;                (2)  assume responsibility for the physical operation   and control of the well as shown by a form the person files with the   commission and the commission approves;                (3)  file a bond, letter of credit, or cash deposit   covering the well as required by Section 91.107; and                (4)  plug the well in accordance with commission rules.          (d)  On successful plugging of the well by the well plugger,   the surface estate owner or affected person may submit   documentation to the commission of the cost of the well-plugging   operation. The commission shall reimburse the surface estate owner   or affected person from money in the oil and gas regulation and   cleanup fund in an amount not to exceed 50 percent of the lesser of:                (1)  the documented well-plugging costs; or                (2)  the average cost incurred by the commission in the   preceding 24 months in plugging similar wells located in the same   county or general area.          SECTION 6.  Sections 202.060(b) and (c), Tax Code, are   amended to read as follows:          (b)  The commission shall issue a certificate to a person who   is designated by the commission under Section 89.047 or 89.0475,   Natural Resources Code, as the operator of an orphaned well. The   certificate must identify the operator to whom and the well for   which the certificate is issued.          (c)  Hydrocarbons produced from the well identified in the   certificate qualify for a severance tax exemption for the period   described by Section 89.047 or 89.0475, Natural Resources Code, as   applicable.          SECTION 7.  This Act takes effect January 1, 2022.