West Virginia 2022 Regular Session Status: Introduced 1 R cosponsors

SB 613 — Establishing reliable funding for DEP Office of Oil and Gas

Last action — On 2nd reading to Finance

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

154 added · 148 removed

Plain-language change summary

In the latest amendment to Bill SB 613, the language clarifies the distribution of oil and gas severance taxes to counties and municipalities while ensuring that a portion of these funds is allocated to the West Virginia Department of Environmental Protection’s Office of Oil and Gas. The amendment specifically increases the percentage of tax revenue earmarked for local governments from five percent to ten percent after July 1, 1997. This change is important because it enhances local funding, which can support infrastructure and services in communities impacted by oil and gas activities, while also addressing environmental oversight.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 613 History OTHER VERSIONS  —  Committee Substitute (1)  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB613 SUB1 « Senate Bill 613 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 613 By Senators Smith, Phillips, Stollings, and Lindsay [Introduced February 10, 2022;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 613 By Senators Smith, Phillips, and Stollings [Originating in the Committee on Energy, Industry, and Mining;
referred to the Committee on Energy, Industry, and Mining;
reported on February 15, 2022]     A BILL to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, relating to the apportionment of oil and gas severance taxes;
and then to the Committee on Finance] A BILL to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, relating to the apportionment of oil and gas severance taxes;
and relating to funding the West Virginia Department of Environmental Protection’s Office of Oil and Gas adequately and meaningfully.
and relating to adequately and meaningfully fund the West Virginia Department of Environmental Protection’s Office of Oil and Gas.
Dedication of ten percent of oil and gas severance tax for benefit of counties and municipalities and the dedication of one and one half percent of oil and gas severance tax for the benefit of the West Virginia Department of Environmental Protection Office of Oil and Gas;
Dedication of ten 10 percent of oil and gas severance tax for benefit of counties and municipalities and of one and one half percent of oil and gas severance tax for the benefit of the West Virginia Department of Environmental Protection Office of Oil and Gas;
(a) Effective the first day of July, one thousand nine hundred ninety-six, five percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article is hereby dedicated for the use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section.
(a) Effective the first day of July, one thousand nine hundred ninety-six, July 1, 1996, five percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article §11-13A-3a of this code is hereby dedicated for the use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section.
Effective the first day of July, one thousand nine hundred ninety-seven, and thereafter, ten percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article is hereby dedicated for the use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section.
Effective the first day of July, one thousand nine hundred ninety-seven, July 1, 1997, and thereafter, ten 10 percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article §11-13A-3a of this code is hereby dedicated for the use and benefit of counties and municipalities within this state and shall be distributed to the counties and municipalities as provided in this section.
Effective July 1, 2022, and thereafter, one and one half percent of the tax attributable to the severance of oil and gas imposed by section three-a of this article is hereby dedicated for the use and benefit of regulating the oil and gas industry by the West Virginia Department of Environmental Protection Office of Oil and Gas and shall be deposited in the Oil and Gas Operating Permit and Processing Fund (3323) to ensure that the Office of Oil and Gas has sufficient funding to support its regulatory mission of ensuring the safety of the natural environment of the State of West Virginia.
Effective July 1, 2022, and thereafter, one and one half percent of the tax attributable to the severance of oil and gas imposed by §11-13A-3a of this code is hereby dedicated for the use and benefit of regulating the oil and gas industry by the West Virginia Department of Environmental Protection Office of Oil and Gas and shall be deposited in the Oil and Gas Operating Permit and Processing Fund to ensure that the Office of Oil and Gas has sufficient funding to support its regulatory mission of ensuring the safety of the natural environment of the State of West Virginia.
(b) Seventy-five percent of this the dedicated tax for counties and municipalities shall be distributed by the state treasurer in the manner specified in this section to the various counties of this state in which the oil and gas upon which this additional tax is imposed was located at the time it was removed from the ground.
(b) Seventy-five percent of this the dedicated tax for counties and municipalities shall be distributed by the state treasurer State Treasurer in the manner specified in this section to the various counties of this state in which the oil and gas upon which this additional tax is imposed was located at the time it was removed from the ground.
(c) The tax commissioner is hereby granted plenary power and authority to promulgate reasonable rules requiring the furnishing by oil and gas producers of such additional information as may be necessary to compute the allocation required under the provisions of subsection (f) of this section.
(c) The tax commissioner Tax Commissioner is hereby granted plenary power and authority to promulgate reasonable rules requiring the furnishing by oil and gas producers of such additional information as may be necessary to compute the allocation required under the provisions of subsection (f) of this section.
The tax commissioner is also hereby granted plenary power and authority to promulgate such other reasonable rules as may be necessary to implement the provisions of this section.
The tax commissioner Tax Commissioner is also hereby granted plenary power and authority to promulgate such other reasonable rules as may be necessary to implement the provisions of this section.
(d) In order to provide a procedure for the distribution of 75 percent of the dedicated tax for counties and municipalities on oil and gas to the oil and gas producing counties, the special fund known as the oil and gas county revenue fund established in the state treasurer’s office by chapter two hundred forty-two, acts of the Legislature, regular session, one thousand nine hundred ninety-five, as amended and reenacted in the subsequent act of the Legislature, is hereby continued.
(d) In order to provide a procedure for the distribution of 75 percent of the dedicated tax for counties and municipalities on oil and gas to the oil and gas producing counties, the special fund known as the oil and gas county revenue fund established in the state treasurer’s State Treasurer’s office by chapter two hundred forty-two, acts Chapter 242, Acts of the Legislature, regular session, one thousand nine hundred ninety-five 1995, as amended and reenacted in the subsequent act of the Legislature, is hereby continued.
In order to provide a procedure for the distribution of the remaining 25 percent of the dedicated tax for counties and municipalities on oil and gas to all counties and municipalities of the state, without regard to oil and gas having been produced in those counties or municipalities, the special fund known as the all counties and municipalities revenue fund established in state treasurer’s office by chapter two hundred forty-two, acts of the Legislature, regular session, one thousand nine hundred ninety-five, as amended and reenacted in the subsequent act of the Legislature, is hereby redesignated as the “all counties and municipalities oil and gas revenue fund” and is hereby continued.
In order to provide a procedure for the distribution of the remaining 25 percent of the dedicated tax for counties and municipalities on oil and gas to all counties and municipalities of the state, without regard to oil and gas having been produced in those counties or municipalities, the special fund known as the all counties and municipalities revenue fund All Counties and Municipalities Revenue Fund established in state treasurer’s State Treasurer’s office by chapter two hundred forty-two, acts Chapter 242, Acts of the Legislature, regular session, one thousand nine hundred ninety-five 1995, as amended and reenacted in the subsequent act of the Legislature, is hereby redesignated as the “all counties and municipalities oil and gas revenue fund” All Counties and Municipalities Revenue Fund and is hereby continued.
Seventy-five percent of the dedicated tax for counties and municipalities on oil and gas shall be deposited in the “oil and gas county revenue fund” and 25 percent of the dedicated tax on oil and gas shall be deposited in the “all counties and municipalities oil and gas revenue fund”, from time to time, as the proceeds are received by the tax commissioner.
Seventy-five percent of the dedicated tax for counties and municipalities on oil and gas shall be deposited in the “oil and gas county revenue fund” Oil and Gas County Revenue Fund and 25 percent of the dedicated tax on oil and gas shall be deposited in the “all counties and municipalities oil and gas revenue fund” All Counties and Municipalities Oil and Gas Revenue Fund, from time to time, as the proceeds are received by the tax commissioner Tax Commissioner.
(e) The moneys in the “oil and gas county revenue fund” and the moneys in the “all counties and municipalities oil and gas revenue fund” shall be allocated among and distributed annually to the counties and municipalities entitled to the moneys by the state treasurer in the manner specified in this section.
(e) The moneys in the “oil and gas county revenue fund” and the moneys in the “all counties and municipalities oil and gas revenue fund” All Counties and Municipalities Oil and Gas Revenue Fund shall be allocated among and distributed annually to the counties and municipalities entitled to the moneys by the state treasurer State Treasurer in the manner specified in this section.
On or before each distribution date, the state treasurer shall determine the total amount of moneys in each fund which will be available for distribution to the respective counties and municipalities entitled to the moneys on that distribution date.
On or before each distribution date, the state treasurer State Treasurer shall determine the total amount of moneys in each fund which will be available for distribution to the respective counties and municipalities entitled to the moneys on that distribution date.
The amount to which an oil and gas producing county is entitled from the “oil and gas county revenue fund” shall be determined in accordance with subsection (f) of this section, and the amount to which every county and municipality shall be entitled from the “all counties and municipalities oil and gas revenue fund” shall be determined in accordance with subsection (g) of this section.
The amount to which an oil and gas producing county is entitled from the “oil and gas county revenue fund” Oil and Gas County Revenue Fund shall be determined in accordance with subsection (f) of this section, and the amount to which every county and municipality shall be entitled from the “all counties and municipalities oil and gas revenue fund” shall be determined in accordance with subsection (g) of this section.
After determining, as set forth in subsections (f) and (g) of this section, the amount each county and municipality is entitled to receive from the respective fund or funds, a warrant of the state auditor for the sum due to the county or municipality shall issue and a check drawn thereon making payment of the sum shall thereafter be distributed to the county or municipality.
After determining, as set forth in subsections (f) and (g) of this section, the amount each county and municipality is entitled to receive from the respective fund or funds, a warrant of the state auditor State Auditor for the sum due to the county or municipality shall issue and a check drawn thereon making payment of the sum shall thereafter be distributed to the county or municipality.
(f) The amount to which an oil and gas producing county is entitled from the “oil and gas county revenue fund” shall be determined by:
(f) The amount an oil and gas producing county is entitled from the “oil and gas county revenue fund” Oil and Gas County Revenue Fund shall be determined by:
(g) The amount to which each county and municipality is entitled from the “all counties and municipalities oil and gas revenue fund” shall be determined in accordance with the provisions of this subsection.
(g) The amount to which each county and municipality is entitled from the “all counties and municipalities oil and gas revenue fund” All Counties and Municipalities Oil and Gas Revenue Fund shall be determined in accordance with the provisions of this subsection.
For purposes of this subsection “population” means the population as determined by the most recent decennial census taken under the authority of the United States:
For purposes of this subsection, “population” means the population as determined by the most recent decennial census taken under the authority of the United States:
(1) The treasurer shall first apportion the total amount of moneys available in the “all counties and municipalities oil and gas revenue fund” by multiplying the total amount in the fund by the percentage which the population of each county bears to the total population of the state.
(1) The treasurer State Treasurer shall first apportion the total amount of moneys available in the “all counties and municipalities oil and gas revenue fund” All Counties and Municipalities Oil and Gas Revenue Fund by multiplying the total amount in the fund by the percentage which the population of each county bears to the total population of the state.
The amount thus apportioned for each county is the county's “base share”.
The amount thus apportioned for each county is the county's base share.
(2) Each county’s “base share” shall then be subdivided into two portions.
(2) Each county’s base share shall then be subdivided into two portions.
One portion is determined by multiplying the “base share” by that percentage which the total population of all unincorporated areas within the county bears to the total population of the county, and the other portion is determined by multiplying the “base share” by that percentage which the total population of all municipalities within the county bears to the total population of the county.
One portion is shall be determined by multiplying the base share by that percentage which the total population of all unincorporated areas within the county bears to the total population of the county, and the other portion is shall be determined by multiplying the base share by that percentage which the total population of all municipalities within the county bears to the total population of the county.
The former portion shall be paid to the county and the latter portion shall be the “municipalities' portion” of the county’s “base share”.
The former portion shall be paid to the county and the latter portion shall be the municipalities' portion of the county’s base share.
Provided, That in counties with population in excess of two hundred thousand, at least 75 percent of the funds received from the oil and gas county revenue fund shall be apportioned to and expended within the oil and gas producing area or areas of the county, the oil and gas producing areas of each county to be determined generally by the state tax commissioner:
Provided, That in counties with population in excess of two hundred thousand 200,000, at least 75 percent of the funds received from the oil and gas county revenue fund shall be apportioned to and expended within the oil and gas producing area or areas of the county, the oil and gas producing areas of each county to be determined generally by the state tax commissioner Tax Commissioner:
(i) On or before the twenty-eighth day of March, one thousand nine hundred ninety-seven, and each twenty-eighth day of March thereafter, each county commission or governing body of a municipality receiving any such moneys shall submit to the tax commissioner on forms provided by the tax commissioner a special budget, detailing how the moneys are to be spent during the subsequent fiscal year.
(i) On or before the twenty-eighth day of March, one thousand nine hundred ninety-seven March 28, 1997, and each twenty-eighth 28th day of March thereafter, each county commission or governing body of a municipality receiving any such moneys shall submit to the tax commissioner Tax Commissioner on forms provided by the tax commissioner Tax Commissioner a special budget, detailing how the moneys are to be spent during the subsequent fiscal year.
The budget shall be followed in expending the moneys unless a subsequent budget is approved by the state tax commissioner.
The budget shall be followed in expending the moneys unless a subsequent budget is approved by the state tax commissioner Tax Commissioner.
(j) On or before the fifteenth day of December, one thousand nine hundred ninety-six, and each fifteenth day of December thereafter, the tax commissioner shall deliver to the clerk of the Senate and the clerk of the House of Delegates a consolidated report of the budgets, created by subsection (i) of this section, for all county commissions and municipalities as of the fifteenth day of July of the current year.
(j) On or before the fifteenth day of December, one thousand nine hundred ninety-six December 15, 1996, and each fifteenth 15th day of December thereafter, the tax commissioner Tax Commissioner shall deliver to the clerk Clerk of the Senate and the clerk Clerk of the House of Delegates a consolidated report of the budgets, created by subsection (i) of this section, for all county commissions and municipalities as of the fifteenth 15th day of July of the current year.
(k) The state tax commissioner shall retain for the benefit of the state from the dedicated tax attributable to the severance of oil and gas the amount of thirty-five thousand dollars annually as a fee for the administration of the additional tax by the tax commissioner.
(k) The state tax commissioner Tax Commissioner shall retain for the benefit of the state from the dedicated tax attributable to the severance of oil and gas the amount of thirty-five thousand dollars $35,000 annually as a fee for the administration of the additional tax by the tax commissioner Tax Commissioner.
NOTE:
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The purpose of this bill is to establish a reliable annual source of funding for the DEP’s Office of Oil and Gas.
Nearly all of the agency’s other divisions are funded largely through grants from the United States government, but oil and gas has no federal regulatory counterpart and is, instead, entirely reliant on the State of West Virginia for continued funding to ensure the safety of oil and gas wells in the State.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. On 2nd reading to Finance

  2. Read 1st time

  3. Immediate consideration

  4. Committee substitute reported, but first to Finance

  5. To Energy, Industry, and Mining

  6. Introduced in Senate

  7. To Energy, Industry, and Mining then Finance

  8. Filed for introduction

Sponsors

  • Lindsay · Cosponsor
  • Stollings · Cosponsor
  • Phillips · Cosponsor
  • Randy E. Smith · Primary

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 148 not signed on

Sponsors (1)

Co-sponsors (3)

  • Lindsay
  • Stollings
  • Phillips

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 613?
SB 613 is sponsored by Lindsay, Stollings, Phillips, and Randy E. Smith (Republican).
What is the current status of SB 613?
This bill died with 2022 Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 613?
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