reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 2 - Leases. › Division 2 - Leases by State. › Section 9-17-65 - Lands to Be Leased Upon Basis of Competitive Bids; Invitations for Bids; Opening of Bids; Acceptance or Rejection of Bids.

Section 9-17-65
Lands to be leased upon basis of competitive bids; invitations for bids; opening of bids; acceptance or rejection of bids.
All lands proposed to be leased under the provisions of this division shall be leased only upon the basis of competitive bids. The Commissioner of Conservation and Natural Resources shall obtain written, sealed competitive bids on every proposed lease of each tract of such land. Invitations for bids shall be published in The Montgomery Advertiser, Montgomery, Alabama, at least 25 days before the final date for submitting bids. Invitations for bids shall contain a statement as to the final date for submitting bids; the time and place at which the bids will be opened; and a legal description of the location and the approximate acreage of the tract of land proposed to be leased. Publication of the invitations for bids shall also be placed in a newspaper published in the county or counties in which the land is located; however, if a typographical error appears in such ad or ads, same shall not invalidate the sale; provided, that no tract of land containing more than 5,200 acres shall be leased or advertised for lease under the provisions of this division.
Bids shall be opened publicly in the office of the Commissioner of Conservation and Natural Resources at the time stated in the invitations for bids.
The lease of any tract of land shall be awarded to the highest responsible bidder making the most advantageous offer to the state, and the Commissioner of Conservation and Natural Resources must either accept the most advantageous offer or reject all bids within five days from the date said bids were opened. The Commissioner of Conservation and Natural Resources may reject all bids on any tract of land when, in his opinion, the public interest will be served thereby, but such tract of land shall not thereafter be leased except in accordance with the provisions of this division.
(Acts 1956, 1st Ex. Sess., No. 158, p. 224, §6; Acts 1957, No. 611, p. 877, §1; Acts 1969, No. 479, p. 935, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 2 - Leases. › Division 2 - Leases by State. › Section 9-17-66 - Parties Requesting Advertisement of Lands for Lease Purposes to Pay for Necessary Legal Advertisement.

Section 9-17-66
Parties requesting advertisement of lands for lease purposes to pay for necessary legal advertisement.
All persons requesting the Commissioner of Conservation and Natural Resources to advertise state lands for oil and gas lease purposes shall be required to pay for the necessary legal advertisements for such sales.
(Acts 1963, No. 529, p. 1141, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 2 - Leases. › Division 2 - Leases by State. › Section 9-17-67 - Charges for Oil and Gas Lease Tract Charts.

Section 9-17-67
Charges for oil and gas lease tract charts.
The Department of Conservation and Natural Resources is hereby authorized to provide for a reasonable charge for its oil and gas lease tract charts, such charge to be based upon the cost of printing, handling and mailing by the Department of Conservation and Natural Resources.
(Acts 1963, No. 529, p. 1141, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 2 - Leases. › Division 2 - Leases by State. › Section 9-17-68 - Revenues From Leases - Disposition.

Section 9-17-68
Revenues from leases - Disposition.
The revenues that shall accrue under the provisions of this division from rentals, royalties and all other sources subject to the cost of administration shall be the property of the department or institution to which said lands belong or in which said department or institution shall own the beneficial interest. All revenue accruing from the lease of the bed of any navigable streams, waterways, bays, estuaries, lagoons, bayous, lakes and any submerged lands in the Gulf of Mexico within the historic seaward boundary of this state, subject to the cost of administration, shall be paid by the Commissioner of Conservation and Natural Resources to the State Treasurer to become a part of the General Funds of the State of Alabama. The Division of Lands of the Department of Conservation and Natural Resources shall be entitled to 10 percent of all revenues, including royalty, bonus and rentals, derived under the provisions of this division as cost of administration. Such cost of administration shall be covered into the State Treasury by the Commissioner of Conservation and Natural Resources to the credit of the State Lands Fund.
(Acts 1956, 1st Ex. Sess., No. 158, p. 224, §7; Acts 1969, No. 479, p. 935, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 2 - Leases. › Division 2 - Leases by State. › Section 9-17-69 - Revenues From Leases - Expenditure.

Section 9-17-69
Revenues from leases - Expenditure.
No such revenues shall be expended from such funds unless and to the extent appropriated by law.
(Acts 1956, 1st Ex. Sess., No. 158, p. 224, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 3 - Unit Operations. › Section 9-17-80 - Enhanced Recovery Methods.

Section 9-17-80
Enhanced recovery methods.
The phrase "enhanced recovery methods" as used herein shall mean the increased recovery from a pool of oil or gas achieved by artificial means or by the application of energy extrinsic to the pool, including repressuring, cycling, pressure maintenance, injection, or any other enhanced recovery methods of producing hydrocarbons recognized by the oil and gas industry and approved by the board.
(Acts 1957, No. 352, p. 461, §9; Act 2000-714, p. 1517, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 3 - Unit Operations. › Section 9-17-81 - Meeting of Board to Consider Need for Unit Operation.

Section 9-17-81
Meeting of board to consider need for unit operation.
In order to promote the conservation of oil and gas resources, prevent waste, avoid the drilling of unnecessary wells, allow the drilling of wells at optimum geologic locations, and protect correlative rights, the State Oil and Gas Board of Alabama upon its own motion may, or upon the petition of any interested person shall, hold a hearing to consider the need for the operation as a unit of an entire field or of any pool or pools or of any portion of a pool or combinations thereof within a field for the production of oil or gas or both in order to increase the ultimate recovery by enhanced recovery methods or any other method of cooperative development and operation calculated to increase the ultimate recovery of oil or gas.
(Acts 1957, No. 352, p. 461, §1; Act 2000-714, p. 1517, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 3 - Unit Operations. › Section 9-17-82 - Order Requiring Unit Operation - When Issued.

Section 9-17-82
Order requiring unit operation - When issued.
The board shall issue an order requiring such unit operation if it finds that:
(1) Unit operation of the field or of any pool or pools or of any portion of a pool or combinations thereof within the field is reasonably necessary to prevent waste, to increase the ultimate recovery of oil or gas, to avoid the drilling of unnecessary wells, to allow the drilling of wells at optimum geologic locations, and to protect the correlative rights of interested parties.
(2) The proposed plan for unit operations will increase the ultimate recovery of oil or gas by enhanced recovery methods or any other method of cooperative development and operation calculated to increase the ultimate recovery of oil or gas.
(3) The estimated additional cost incident to conduction of such operation will not exceed the value of the estimated additional recovery of oil or gas.
(Acts 1957, No. 352, p. 461, §2; Act 2000-714, p. 1517, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 3 - Unit Operations. › Section 9-17-84 - Order Requiring Unit Operation - When Effective; When Automatically Revoked.

Section 9-17-84
Order requiring unit operation - When effective; when automatically revoked.
An order requiring unit operation shall not become effective unless and until agreements incorporating the provisions of Section 9-17-83 have been signed or in writing ratified or approved by the owners of at least 66 2/3 percent in interest as costs are shared under the terms of the allocation formula established by the board in the order pursuant to Section 9-17-83(3) and by 66 2/3 percent in interest of the royalty owners in the unit area as revenues are distributed under the terms of the allocation formula established by the board in the order pursuant to Section 9-17-83(3), and the board has made a finding to that effect either in the order or in a supplemental order. In the event the required percentage interests have not signed, ratified, or approved the order or agreements within six months from and after the date of the order it shall be automatically revoked.
(Acts 1957, No. 352, p. 461, §4; Acts 1965, 2nd Ex. Sess., No. 80, p. 110, §1; Act 2000-714, p. 1517, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 3 - Unit Operations. › Section 9-17-86 - Alteration of Contribution of Separately Owned Tract.

Section 9-17-86
Alteration of contribution of separately owned tract.
When the contribution of a separately owned tract with respect to any unit pool has been established pursuant to subdivision (3) of Section 9-17-83, such contribution shall not be subsequently altered, unless the board shall find, after notice and hearing, that such contribution was erroneous because shown to be erroneous by subsequently discovered data or by subsequently discovered errors in the data upon which the original contribution was established. No change or correction of the contribution of any separately owned tract shall be given retroactive effect; provided, that appropriate adjustment shall be made for the investment charges as provided for in subdivision (4) of Section 9-17-83.
(Acts 1957, No. 352, p. 461, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 3 - Unit Operations. › Section 9-17-87 - Production and Operations Deemed to Be Those of Separately Owned Tracts.

Section 9-17-87
Production and operations deemed to be those of separately owned tracts.
The portion of unit production allocated to a separately owned tract within the unit area shall be deemed for all purposes to have been actually produced from such tract, and operations with respect to any unit pool within the unit area shall be deemed for all purposes to be the conduct of operations for the production of oil or gas or both from each separately owned tract in the unit area.
(Acts 1957, No. 352, p. 461, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 3 - Unit Operations. › Section 9-17-88 - Applicability of Article.

Section 9-17-88
Applicability of article.
This article shall apply only to field or pool units and shall not apply to the unitization of interests within a drilling unit as may be authorized and governed under the provisions of Article 1 of this chapter.
(Acts 1957, No. 352, p. 461, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4 - Liquefied Petroleum Gas. › Section 9-17-102 - Liquefied Petroleum Gas Board - Compensation of Members.

Section 9-17-102
Liquefied Petroleum Gas Board - Compensation of members.
Board members shall receive travel expenses and per diem based at the rate that is currently prescribed by the state for its state employees, while attending official meetings of the board or while attending to official board business. Except that per diem paid to board members shall be no less than one full day's per diem, and payment shall be based on attendance at a board meeting rather than the time of arrival and departure. No member of the board shall receive per diem and expense allowance for more than 30 days in any one calendar year.
(Acts 1965, No. 220, p. 305, §3; Acts 1966, Ex. Sess., No. 231, p. 354, §1; Acts 1979, No. 79-435, p. 690, §1; Acts 1984, No. 84-293, p. 555, §1; Acts 1989, No. 89-535, p. 1097, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4 - Liquefied Petroleum Gas. › Section 9-17-103 - Liquefied Petroleum Gas Board - Promulgation, etc., of Rules and Regulations; Inspection of Gas Systems.

Section 9-17-103
Liquefied Petroleum Gas Board - Promulgation, etc., of rules and regulations; inspection of gas systems.
(a) The board shall have the power to make and enforce rules and regulations governing the design, construction, location, installation, and operation of containers, tanks, systems, and equipment for storing, utilizing, handling, and transporting liquefied petroleum gases and rules to secure the substantial accuracy of all meters, safety devices, and regulators generally used in connection with such gases. No person shall be permitted to certify the accuracy of their own company owned meters. The rules and regulations shall be such as are reasonably necessary for the protection of the health and safety of the public and persons using such gases, and shall be adopted pursuant to the Alabama Administrative Procedure Act. All rules and regulations shall be posted on the board website and available for download by the public. The board, upon request, shall provide a printed hard copy of the rules and regulations. If a rule or regulation is amended, the revised rule or regulation shall be posted on the board website before the revision becomes effective.
(b) In order that the administrator of the board and inspectors may determine whether or not a danger to the public or to a liquefied petroleum gas user exists, and there is reasonable cause to believe that such danger does exist, the administrator and inspectors may enter any building or upon any premises connected to a liquefied petroleum gas system for the sole purpose of conducting an inspection or an investigation of such system. If a violation is found in conducting such inspection which is determined to be a hazard and a danger to the public or to a liquefied petroleum gas user, the administrator and inspectors shall have the power, duty and authority to shut off the liquefied petroleum gas system and to condemn the system from further use for purposes of safety until the gas system has been certified as back in compliance with adopted liquefied petroleum gas safety code standards and until the red tag is removed, or authorized to be removed, by a board appointee or employee. When a system is condemned, it shall be red-tagged.
(Acts 1965, No. 220, p. 305, §5; Acts 1984, No. 84-293, p. 555, §1; Acts 1988, No. 88-142, p. 215, §3; Act 2014-145, p. 353, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4 - Liquefied Petroleum Gas. › Section 9-17-107 - Requirements as to Storage Capacity; Exemption; Submission of Plans; Construction Requirements; Fees.

Section 9-17-107
Requirements as to storage capacity; exemption; submission of plans; construction requirements; fees.
(a) The board shall require that every applicant for a Permit A have located within the State of Alabama a minimum of 30,000 (water gallon capacity) gallons storage capacity for liquefied petroleum gases. Class B-1 permit holders shall be required to have a minimum of 18,000 (water gallon capacity) gallons storage capacity of liquefied petroleum gas.
(b) If the required minimum storage consists of more than one container, then no storage container in any installation used to meet this requirement of the law shall be a size less than 6,000 gallon (water capacity) and the storage capacity required by this section of the law shall be within close proximity to the area serviced and used by the applicant to service the applicant's customers in the State of Alabama.
(c) The board shall require that such person shall submit plans for the proposed bulk storage facility to the office of the board and obtain approval by the administrator of such plans before construction is begun. All such facilities must be constructed according to rules and regulations of the board and the completed unit must have board approval before being used.
(d) If the holder of a Permit A or Permit B-1 submits plans to the board for a storage plant that shall remain the holder's property even though the plant be at a customer's site or if the plant to be built is to be used as part of the holder's own distribution system, then there will be no additional fees for approval and inspection of this facility; however, if this permit holder undertakes to install a bulk storage system of 5,000 gallons water capacity or more in single containers or in multi-container installation of an aggregate of 5,000 gallons water capacity, the holder must obtain approval for the location and for the plans from the administrator of the board before construction is begun. When plans for the bulk storage plant described above are submitted to the board for approval, a fee of two hundred dollars ($200) must be paid at the same time. This fee of two hundred dollars ($200) will cover examination of the plans and one site inspection. An additional fee of fifty dollars ($50) for each inspection trip to the site, that is required, shall be paid to the board before final approval is given for the facility to be used. These fees may be changed by the board.
(Acts 1965, No. 220, p. 305, §8; Acts 1979, No. 79-435, p. 690, §1; Acts 1989, No. 89-535, p. 1097, §1; Acts 1992, No. 92-123, p. 213, §3; Act 2014-145, p. 353, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4 - Liquefied Petroleum Gas. › Section 9-17-108 - Directive Order of Discontinuance; Appeal; Injunction; Hearings by Board; Imposition of Penalties.

Section 9-17-108
Directive order of discontinuance; appeal; injunction; hearings by board; imposition of penalties.
(a) Due to the inherent nature of liquefied petroleum gas which could cause a danger to the public or to a liquefied petroleum gas user, the board or the board administrator shall have the administrative authority to issue a written directive order requiring any person who violates any of the provisions of this article as amended from time to time or any rule or regulation promulgated by the board to discontinue the operation of any LP-gas business or LP-gas system immediately and prohibit such person from commencing operations until said violations have been corrected. When a written directive is issued by the board or the board administrator, it shall be immediately complied with by the recipient. When a directive order has been issued against a person, the recipient may, within five days, appeal to the circuit court of the county in which the said violations occurred. The circuit court shall within 10 days review such written directive and file a decision thereon and unless, by the authority of said court, the directive is revoked or modified, it shall remain in full force and be complied with within the time fixed in the said directive or by decision of the circuit court. Any person who feels himself aggrieved by the decision of the circuit court may, within the time provided by law after the issuance of the decision of the circuit court, file an appeal with the Court of Civil Appeals to review such decision or judgment. Such parties as shall file an appeal shall file a bond in the amount fixed by the court or by law and unless said directive is revoked or modified by the Court of Civil Appeals the directive shall be complied with in the time fixed by said directive or by decision of the Court of Civil Appeals.
(b) Any person engaging in the State of Alabama in any of the businesses defined in Section 9-17-105, without first having secured a permit as provided by Section 9-17-105 or who shall have been convicted of a second or subsequent offense of violating any of the provisions of this article or any rule, order or regulation promulgated pursuant hereto may be enjoined from engaging in such business in the State of Alabama for a period of not less than one nor more than five years, and the board, through the district attorneys or Attorney General, may institute such action in courts of competent jurisdiction of this state without the necessity of posting bond.
(c) The board is authorized to hold hearings, call witnesses, administer oaths, take testimony and obtain evidence in the conduct of its business. It is further authorized to impose monetary penalties and take such disciplinary actions as are authorized.
(Acts 1965, No. 220, p. 305, §10; Acts 1989, No. 89-535, p. 1097, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4A - Lp-Gas Room Heaters. › Section 9-17-120 - Definitions.

Section 9-17-120
Definitions.
For the purposes of this article, the following words shall have the following meanings:
(1) LP-GAS. Liquefied petroleum gas as defined in Section 9-17-100.
(2) USED MANUFACTURED HOME. A manufactured home which is not being sold or offered for sale as new and is used for residential purposes.
(Acts 1994, No. 94-706, p. 1369, §1; Acts 1995, No. 95-146, p. 208, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4A - Lp-Gas Room Heaters. › Section 9-17-121 - Installation of Heaters - Residences.

Section 9-17-121
Installation of heaters - Residences.
The following LP-gas room heaters may be installed in a residence that is a one- or two-family dwelling and that is not a manufactured home (mobile home) or a modular home as provided in this section:
(1) One listed wall-mounted LP-gas unvented room heater equipped with an oxygen depletion safety shut-off system may be installed in the bathroom of a residential one- or two-family dwelling provided that the input rating shall not exceed 6000 BTU per hour and combustion and ventilation air is provided in accordance with the National Fuel Gas Code, NFPA 54, as adopted by the board.
(2) One listed wall-mounted LP-gas unvented room heater equipped with an oxygen depletion safety shut-off system may be installed in the bedroom of a residential one- or two-family dwelling provided that the input rating shall not exceed 10,000 BTU per hour and combustion and ventilation air is provided as specified in the National Fuel Gas Code, NFPA 54, as adopted by the board.
(Acts 1994, No. 94-706, p. 1369, §2; Act 2014-145, p. 353, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4A - Lp-Gas Room Heaters. › Section 9-17-122 - Installation of Heaters - Used Manufactured Homes.

Section 9-17-122
Installation of heaters - Used manufactured homes.
The following LP-gas room heaters may be installed in a used manufactured home as follows:
LP-gas listed vented room heaters equipped with a 100 percent safety pilot and a vent spill switch or LP-gas listed unvented room heaters equipped with factory equipped oxygen depletion safety shut-off systems may be installed in a used stationary manufactured home (mobile home) but not in sleeping quarters or bathrooms in the manufactured home (mobile home) when the installation of the heater is not prohibited by the appliance manufacturer and when the input rating of the room heater does not exceed 20 BTU per hour per cubic foot of space and combustion and ventilation air is provided as specified in the National Fuel Gas Code, NFPA 54, as adopted by the board. All room heaters installed pursuant to this section shall be securely anchored to the wall or floor.
(Acts 1994, No. 94-706, p. 1369, §3; Act 2014-145, p. 353, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4A - Lp-Gas Room Heaters. › Section 9-17-123 - Enforcement.

Section 9-17-123
Enforcement.
This article shall be enforced by the Liquefied Petroleum Gas Board.
(Acts 1994, No. 94-706, p. 1369, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4A - Lp-Gas Room Heaters. › Section 9-17-124 - Reference to National Fuel Gas Code.

Section 9-17-124
Reference to National Fuel Gas Code.
Any reference to the National Fuel Gas Code, NFPA 54, shall include any future changes to the code when adopted by the Liquefied Petroleum Gas Board.
(Acts 1994, No. 94-706, p. 1369, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 4A - Lp-Gas Room Heaters. › Section 9-17-125 - Preemption of Local Law.

Section 9-17-125
Preemption of local law.
This article shall preempt any local law or any ordinance or authority of any local governing body to regulate the subject matter of this article and no local law or ordinance or authority of any local governing body shall supersede this article.
(Acts 1994, No. 94-706, p. 1369, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-130 - Legislative Findings and Declaration.

Section 9-17-130
Legislative findings and declaration.
The Legislature of the State of Alabama finds and declares that the protection of Alabama's environment is vital to the economy of this state; that coalbed methane gas wells are an important source of natural gas for use in industry and by consumers thereof in Alabama and are becoming increasingly common in Alabama as the technology for such wells advances; that the broadest possible promotion of public and private interests requires that coalbed methane gas wells be properly plugged when abandoned; that delays therein may affect the environment or public health, safety and welfare; that adequate financial resources be readily available to provide for the expeditious plugging of such wells and to provide a means for doing so without delay; that the Legislature has heretofore authorized the State Oil and Gas Board of Alabama to require that operators of such wells provide evidence of financial responsibility to cover the costs of plugging such wells; that performance bonds so required and obtained for such purpose may not be adequate in amount or even obtainable in the present insurance market; and that the health, safety, and welfare of the citizens of the State of Alabama will be enhanced and protected by the provisions of this article.
(Acts 1990, No. 90-635, p. 1164, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-131 - Short Title.

Section 9-17-131
Short title.
This article may be cited as the "Alabama Coalbed Methane Gas Well Plugging Fund Act."
(Acts 1990, No. 90-635, p. 1164, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-132 - Definitions.

Section 9-17-132
Definitions.
For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:
(1) BOARD. The State Oil and Gas Board created in Section 9-17-3.
(2) FUND. The Alabama Coalbed Methane Gas Well Plugging Fund established in Section 9-17-133.
(3) COALBED METHANE GAS WELL. A well capable of producing occluded natural gas from a coalbed or coalbeds.
(4) PLUGGING FEE. The fee authorized by Section 9-17-137.
(5) OPERATOR. Any person who notifies the supervisor pursuant to Section 9-17-24 of such person's desire or proposal to drill a coalbed methane gas well.
(6) PERSON. Any natural person, firm, corporation, association, partnership, joint venture, receiver, trustee, guardian, executor, administrator, fiduciary, representative of any kind or any other group acting as a unit.
(7) SUPERVISOR. The state oil and gas supervisor.
(Acts 1990, No. 90-635, p. 1164, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-133 - Alabama Coalbed Methane Gas Well Plugging Fund.

Section 9-17-133
Alabama Coalbed Methane Gas Well Plugging Fund.
There is hereby created the Alabama Coalbed Methane Gas Well Plugging Fund to be held by the State Treasurer and administered by the supervisor. The fund shall be used for carrying out the purposes of this article. To the fund shall be credited all the plugging fee revenues levied, collected and credited thereto pursuant to Section 9-17-137. Charges against and disbursements from the fund shall be made only in accordance with the provisions of this article.
(Acts 1990, No. 90-635, p. 1164, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-134 - Determination by Board of Coalbed Methane Gas Wells Requiring Plugging.

Section 9-17-134
Determination by board of coalbed methane gas wells requiring plugging.
Whenever, in the determination of the board, after reasonable notice to the operator of a coalbed methane gas well and a hearing held by the board and pursuant to such notice:
(1) The failure of the operator of a coalbed methane gas well to plug such well may pose a threat to the environment or to the public health, safety or welfare,
(2) The operator of said well shall have failed or refused to plug such coalbed methane gas well within a period deemed reasonable by the board, and
(3) The bond or other security filed by such operator under Section 9-17-6(c)(5) is or is expected to be inadequate to provide for the payment of the costs of plugging said well, the board shall undertake to provide for the proper plugging of said well through the use of moneys in the fund, provided that moneys adequate for such purpose, taking into account the aforesaid bond or other surety, shall then be on deposit in the fund.
(Acts 1990, No. 90-635, p. 1164, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-135 - Action Authorized to Be Taken by Board.

Section 9-17-135
Action authorized to be taken by board.
Upon making the determination described in Section 9-17-134, the board shall first collect the proceeds of the bond or bonds or the blanket bond of the operator filed as security under Section 9-17-6(c)(5), and shall forthwith apply the proceeds of such bond or bonds to the expense of causing such well or wells with respect to which such determination shall have been made to be plugged, which action the board is hereby authorized to take either directly or through contracts therefor entered into by the board with private persons or with other governmental agencies. Should the board determine that the proceeds of such bond or bonds are in fact insufficient to cover the entire expense of causing such well or wells to be plugged, the supervisor shall be authorized to execute and verify itemized vouchers to be submitted to the state Comptroller for the withdrawal from the fund of amounts equal to such expenses as may be incurred by the board in connection therewith in excess of bond coverage. Upon the presentation of such vouchers, there is hereby appropriated from moneys in the fund such amount as shall be necessary for the payment of such expenses, and the state Comptroller is authorized to issue appropriate warrants on the State Treasurer for reimbursement to the board of such expenses incurred by it in taking the aforesaid action to plug coalbed methane gas wells or for payment of such private persons or governmental agencies as shall have been engaged by the board to take such action pursuant to the provisions hereof.
(Acts 1990, No. 90-635, p. 1164, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-136 - Liability of Owners and Operators.

Section 9-17-136
Liability of owners and operators.
Whenever costs of plugging a coalbed methane gas well shall have been incurred by the board pursuant to this article and the board shall have authorized the expenditure of moneys from the fund pursuant to Section 9-17-135 for the purpose of plugging a coalbed methane gas well, the operator thereof and each and every owner of a working interest in the well bore of such well shall be jointly and severally liable to the state for repayment of the amount of such moneys, and the board is authorized to institute appropriate civil actions in the courts in the name of the state to recover such amounts. Any amounts so recovered shall be paid into the fund. Further, nothing in this article shall be construed to relieve any operator or owner of a working interest in the well bore of any coalbed methane gas well of any liability to any third party for damages incurred because of failure to plug any coalbed methane gas well.
(Acts 1990, No. 90-635, p. 1164, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-137 - Plugging Fees Payable Into Fund; Investment and Use of Fund.

Section 9-17-137
Plugging fees payable into fund; investment and use of fund.
(a) In addition to the requirements and fees provided for in Section 9-17-24(a), any person desiring, after April 25, 1990, to drill any coalbed methane gas well in this state shall pay to the state a plugging fee of $150.00 respecting each such well desired to be drilled, such plugging fees to be deposited with the State Treasurer in the fund; provided, however, that no plugging fees shall be required to be paid during any time when the unobligated balance of the fund shall exceed the sum of $1,000,000. Any provisions of law to the contrary notwithstanding, no permit for the drilling of any coalbed methane gas well shall be issued by the board until the fee provided for in this section shall be paid, if due.
(b) The moneys in the fund shall be invested by the State Treasurer of Alabama in the same manner as state funds generally; provided, however, that only 50 percent of all interest and earnings accruing thereon shall be credited to the State General Fund and the remainder shall be credited to the fund; said moneys and the interest and earnings credited to the fund shall be used only for the purposes set forth in this article and for no other purposes, and no portion thereof shall be available for loan to any agency or branch of state government, it being the intent of the Legislature that the fund shall remain intact and inviolate for the purposes set out in this article or until terminated as provided herein.
(c) Moneys in the fund shall be paid out only by warrant of the state Comptroller upon the State Treasurer, upon itemized vouchers executed by the supervisor as provided in Section 9-17-135, and in the event of termination of the fund as provided herein.
(Acts 1990, No. 90-635, p. 1164, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-138 - Termination of Fund.

Section 9-17-138
Termination of fund.
Should the board determine that all coalbed methane gas wells in the State of Alabama have been plugged and abandoned, or should the board determine, after notice and hearing, that the fund is no longer necessary in order to carry out the purposes of this article, then the supervisor shall so certify this determination to the state Comptroller and the State Treasurer and all moneys in the fund shall, promptly following the filing with the state Comptroller and the State Treasurer of such certification, be disbursed and are hereby appropriated to all counties in the State of Alabama where coalbed methane gas wells shall have been permitted pursuant to the provisions of this chapter, to be divided among such counties based on the number of coalbed methane gas wells permitted in each such county, for deposit into the general funds of such counties, and to be used for those purposes for which said general funds were established.
(Acts 1990, No. 90-635, p. 1164, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 5 - Coalbed Methane Gas Well Plugging Fund. › Section 9-17-139 - No Liability of State, Board or Supervisor to Third Parties.

Section 9-17-139
No liability of state, board or supervisor to third parties.
Nothing in this article shall establish or create any liability or responsibility on the part of the board, the supervisor or the State of Alabama to pay any costs incurred or damages incurred or damages suffered by any person or to pay any third party claims from any source arising from the failure of any coalbed methane gas well to be properly plugged, nor shall moneys in the fund be used to make any payments of such costs or damages.
(Acts 1990, No. 90-635, p. 1164, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 6 - Underground Gas Storage. › Section 9-17-150 - Definitions.

Section 9-17-150
Definitions.
THIS SECTION WAS AMENDED BY ACT 2022-40 IN THE 2022 REGULAR SESSION, EFFECTIVE MAY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Unless the context otherwise requires, the following words and terms have the following meanings in this article:
(1) CODE. The Code of Alabama 1975, as amended.
(2) GAS. All natural gas, casinghead gas, carbon oxides, ammonia, hydrogen, nitrogen, noble gases, and occluded natural gas found in coal beds, and all other hydrocarbons not defined as oil in Section 9-17-1, except and not including liquid petroleum gas.
(3) STATE OIL AND GAS BOARD or BOARD. The State Oil and Gas Board of Alabama.
(4) STORAGE FACILITY. Any underground reservoir used or to be used for the underground storage of gas and all surface and subsurface rights and appurtenances necessary or useful in the operation of the facility for the underground storage of gas, including any necessary or reasonable buffer zone as designated by the board for the purpose of ensuring the safe operation of the storage of gas and to protect the storage facility against pollution, invasion, and escape or migration of gas therefrom, together with any and all subsequent extensions thereof.
(5) STORAGE OPERATOR. Any company, person, corporation, partnership, limited partnership, association of persons, municipality, association of municipalities, public utility, gas district, or other entity, authorized by the board pursuant to Section 9-17-152 to operate any storage facility.
(6) UNDERGROUND RESERVOIR. Any subsurface sand, stratum, formation, aquifer, or cavity, cavern, or void (whether natural or artificially created), suitable for or capable of being made suitable for the injection and storage of gas therein and the withdrawal of gas therefrom.
(7) UNDERGROUND STORAGE. Storage in an underground reservoir.
(Acts 1992, No. 92-564, p. 1172, §1; Act 2022-40, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 6 - Underground Gas Storage. › Section 9-17-151 - Legislative Declaration; Jurisdiction.

Section 9-17-151
Legislative declaration; jurisdiction.
THIS SECTION WAS AMENDED BY ACT 2022-40 IN THE 2022 REGULAR SESSION, EFFECTIVE MAY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) (1) The underground storage of gas which promotes the conservation thereof, which permits the accumulation of large quantities of gas in reserve for orderly withdrawal in periods of peak demand, making gas more readily available to commercial, industrial, or residential consumers, or which provides more uniform withdrawal from various gas or oil fields, is in the public interest and welfare of this state and is for a public purpose.
(2) The underground storage of carbon oxides, ammonia, hydrogen, nitrogen, and noble gases is in the public interest and welfare of this state and is for a public purpose.
(b) The board shall have jurisdiction and authority over all persons and property necessary to administer and enforce effectively this article concerning the underground storage of gas. In exercising such jurisdiction and authority, the board shall have and may exercise all powers and authorities granted to it pursuant to Article 1 with respect to holding hearings and adopting and enforcing rules, regulations, and orders.
(c) In addition to any other authority of the board, the board shall have jurisdiction and authority to regulate the operation and abandonment of underground storage facilities. The board may require reasonable bond, with good and sufficient surety, or other financial security approved by the board, conditioned on compliance with any rules or orders of the board relating to underground storage facilities, including the abandonment of underground storage facilities.
(d) The board may adopt rules providing fees and charges to defray expenses of the board in the regulation of the operation and abandonment of underground storage facilities.
(Acts 1992, No. 92-564, p. 1172, §2; Act 2022-40, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 6 - Underground Gas Storage. › Section 9-17-153 - Protection Against Pollution and Escape of Gas; Property Rights.

Section 9-17-153
Protection against pollution and escape of gas; property rights.
(a) The board shall issue such orders, rules and regulations as may be necessary for the purpose of protecting any such storage facility against pollution, invasion, and the escape or migration of gas therefrom, including such necessary orders, rules and regulations as may pertain to the drilling into or through such storage facility.
(b) Any and all hydrocarbons which are within the storage facility on May 21, 1992 and at all times thereafter and which have been acquired by the storage operator by condemnation or otherwise and any and all gas injected into said facility by the storage operator shall be deemed the property of the storage operator, his heirs, successors and assigns, and in no event shall such hydrocarbons or injected gas be subject to the right of the owner of the surface of the lands or of any mineral interest therein under which such storage facility shall lie or be adjacent to or of any person other than the storage operator, his heirs, successors and assigns, to produce, take, reduce to possession, waste or otherwise interfere with or exercise any control thereover.
(Acts 1992, No. 92-564, p. 1172, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 6 - Underground Gas Storage. › Section 9-17-154 - Eminent Domain.

Section 9-17-154
Eminent domain.
(a) Any storage operator is hereby empowered, after obtaining approval of the board as herein required, to exercise the right of eminent domain in the manner provided by law, to acquire all surface and subsurface rights and interests necessary or useful for the purpose of operating the storage facility (including easements and rights-of-way across lands for transporting, by pipeline or otherwise, gas to and from said facility) and to exercise eminent domain rights to acquire any hydrocarbons therein, pursuant to the provisions hereof. Such power shall be exercised under the procedure provided by Chapter 1A, Title 18.
(b) No rights or interests in storage facilities acquired for the injection, storage and withdrawal of gas by a party who has eminent domain rights under this act and who has obtained an order from the board under the provisions of Section 9-17-152, shall be subject to the exercise of any eminent domain rights; and no portion of any salt dome (including any cavity therein) and no portion of any lands within a radial distance of 1500 feet from the outer wall of a salt dome may be acquired, by exercise of the eminent domain rights granted hereunder, for use as an underground reservoir for storage of gas unless the storage operator has first obtained the consent, in writing, to such use from: (a) at least a 75% in interest (as calculated on a surface acre basis) of the owners of the salt in that portion of the salt dome that is to be acquired or that is within a radial distance of 1500 feet of the proposed underground reservoir, and (b) if said portion of the salt dome is subject to a salt lease, at least 75% in interest (as calculated on a surface acre basis) of the owners of the lessee's rights under said lease.
(Acts 1992, No. 92-564, p. 1172, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 6 - Underground Gas Storage. › Section 9-17-155 - Right of Landowner to Drill and Make Other Use of Land.

Section 9-17-155
Right of landowner to drill and make other use of land.
The right of eminent domain granted by Section 9-17-154 shall be without prejudice to the right of the owner of said land or of other rights or interests therein to drill or bore through the storage facility so appropriated in such manner as shall comply with orders, rules and regulations of the board issued for the purpose of protecting the storage facility against pollution or invasion and against the escape or migration of gas therefrom, and shall be without prejudice to the rights of the owners of said lands or other rights or interests therein as to all other uses not acquired for the storage facility.
(Acts 1992, No. 92-564, p. 1172, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 6 - Underground Gas Storage. › Section 9-17-156 - Exemption From Taxation and Certain Gas Deemed Injected.

Section 9-17-156
Exemption from taxation and certain gas deemed injected.
No storage operator shall be subject to any privilege or other tax on production, severance, extraction or withdrawal of gas that has been injected into a storage facility when such gas is extracted or withdrawn from such storage facility, and, specifically, no such gas shall be subject to taxation under the provisions of Sections 9-17-25 through 9-17-31 or under the provisions of Article 1, Chapter 20 of Title 40. All hydrocarbons extracted or withdrawn from the underground reservoir which were not injected, including any oil, condensate or natural gas liquids, shall be subject to applicable severance taxes under Sections 9-17-25 through 9-17-31 and under Article I, Chapter 20 of Title 40.
(Acts 1992, No. 92-564, p. 1172, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 6 - Underground Gas Storage. › Section 9-17-157 - Secondary or Tertiary Operations.

Section 9-17-157
Secondary or tertiary operations.
Nothing in this article shall apply to the conduct of gas storage operations as a part of or in conjunction with any secondary or tertiary recovery methods being utilized with respect to a unit pool in a unit area heretofore or hereafter established by the board pursuant to Article 3 of this chapter; and the board shall not allow the creation or operation of a storage facility pursuant to this article within any underground reservoir where such secondary or tertiary recovery methods are being utilized.
(Acts 1992, No. 92-564, p. 1172, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 17 - Oil and Gas. › Article 7 - Alabama Propane Education and Research Act of 2009. › Section 9-17-170 - Short Title.

Section 9-17-170
Short title.
This article may be cited as the Alabama Propane Education and Research Act of 2009.
(Act 2009-580 §1.)