{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1634.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1634.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1634.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1634.html"}],"law_id":71561,"edition_id":1,"section_id":71561,"structure_id":15425,"section_number":"45.2-1634","catch_line":" Gas and Oil Plugging and Restoration Fund","history":"1990, c. 92, \u00a7 45.1-361.32; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThere is hereby created in the state treasury a special nonreverting fund to be known as the Gas and Oil Plugging and Restoration Fund, referred to in this section as “the Fund.” All payments made into the Fund by gas or oil operators, all collections of debt for expenditures made from the Fund, and all interest payments made into the Fund pursuant to the provisions of this section shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to the Fund. The Fund shall be established on the books of the Comptroller and any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director or his designee.B\n\nEach permittee operating under a blanket bond pursuant to § 45.2-1633 shall annually pay to the Fund an amount equal to $50 multiplied by the number of permits he then holds, such payment to be submitted with the annual report required under § 45.2-1640, until the payments and interest accruing to the Fund totals $100,000. Whenever the Director determines that the Fund’s balance has fallen below $25,000 due to uncollectible debts, the Director shall assess a fee of $50 per permit per year on each permittee with a blanket bond until the Fund’s balance once again reaches $100,000.C\n\nMoneys in the Fund shall be used solely for the purpose of supplementing bond proceeds in order to pay for the full cost of plugging and restoration in the event of a blanket bond forfeiture.D\n\nThe amount by which the cost of plugging and restoration exceeds the amount of the gas or oil operator’s forfeited bond shall constitute a debt of the operator to the Commonwealth. The Director is authorized to collect such debts together with the costs of collection through appropriate legal action. All moneys collected pursuant to this subsection, less the costs of collection, shall be deposited in the Fund.E\n\nNo permit shall be issued to a gas or oil operator until he has fully reimbursed the Commonwealth for any debt incurred pursuant to the provisions of subsection D.F\n\nIn the event of a discontinuance of the Fund, any amounts remaining in the Fund shall be returned to each gas or oil operator with a blanket bond in proportion to the number of permits under the blanket bond of each operator.","order_by":null,"text":{"0":{"id":257949,"text":"There is hereby created in the state treasury a special nonreverting fund to be known as the Gas and Oil Plugging and Restoration Fund, referred to in this section as “the Fund.” All payments made into the Fund by gas or oil operators, all collections of debt for expenditures made from the Fund, and all interest payments made into the Fund pursuant to the provisions of this section shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to the Fund. The Fund shall be established on the books of the Comptroller and any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director or his designee.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257950,"text":"Each permittee operating under a blanket bond pursuant to § 45.2-1633 shall annually pay to the Fund an amount equal to $50 multiplied by the number of permits he then holds, such payment to be submitted with the annual report required under § 45.2-1640, until the payments and interest accruing to the Fund totals $100,000. Whenever the Director determines that the Fund’s balance has fallen below $25,000 due to uncollectible debts, the Director shall assess a fee of $50 per permit per year on each permittee with a blanket bond until the Fund’s balance once again reaches $100,000.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":257951,"text":"Moneys in the Fund shall be used solely for the purpose of supplementing bond proceeds in order to pay for the full cost of plugging and restoration in the event of a blanket bond forfeiture.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":257952,"text":"The amount by which the cost of plugging and restoration exceeds the amount of the gas or oil operator’s forfeited bond shall constitute a debt of the operator to the Commonwealth. The Director is authorized to collect such debts together with the costs of collection through appropriate legal action. All moneys collected pursuant to this subsection, less the costs of collection, shall be deposited in the Fund.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":257953,"text":"No permit shall be issued to a gas or oil operator until he has fully reimbursed the Commonwealth for any debt incurred pursuant to the provisions of subsection D.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":257954,"text":"In the event of a discontinuance of the Fund, any amounts remaining in the Fund shall be returned to each gas or oil operator with a blanket bond in proportion to the number of permits under the blanket bond of each operator.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15425,"edition_id":1,"name":"Regulation of Gas and Oil Development and Production","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13430,"metadata":{},"date_created":"2026-06-26 03:54:49","date_modified":"2026-06-26 03:54:49","permalink":{"id":224797,"object_type":"structure","relational_id":15425,"identifier":"3","token":"45.2\/IV\/16\/3","url":"\/45.2\/IV\/16\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13430,"edition_id":1,"name":"Virginia Gas and Oil Act","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13429,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224675,"object_type":"structure","relational_id":13430,"identifier":"16","token":"45.2\/IV\/16","url":"\/45.2\/IV\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13429,"edition_id":1,"name":"Gas and Oil","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224673,"object_type":"structure","relational_id":13429,"identifier":"IV","token":"45.2\/IV","url":"\/45.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58734,"structure_id":15425,"section_number":"45.2-1629","catch_line":" Duties, responsibilities, and authority of the Director","url":"\/45.2-1629\/","token":"45.2\/IV\/16\/3\/45.2-1629","metadata":false},{"id":67412,"structure_id":15425,"section_number":"45.2-1630","catch_line":" Powers, duties, and responsibilities of the Inspector","url":"\/45.2-1630\/","token":"45.2\/IV\/16\/3\/45.2-1630","metadata":false},{"id":69690,"structure_id":15425,"section_number":"45.2-1631","catch_line":" Permit required; gas, oil, or geophysical operations; coalbed methane gas wells; environmental assessment","url":"\/45.2-1631\/","token":"45.2\/IV\/16\/3\/45.2-1631","metadata":false},{"id":65415,"structure_id":15425,"section_number":"45.2-1632","catch_line":" Notice of permit applications and permit modification applications required; content","url":"\/45.2-1632\/","token":"45.2\/IV\/16\/3\/45.2-1632","metadata":false},{"id":71051,"structure_id":15425,"section_number":"45.2-1633","catch_line":" Bonding and financial security required","url":"\/45.2-1633\/","token":"45.2\/IV\/16\/3\/45.2-1633","metadata":false},{"id":71561,"structure_id":15425,"section_number":"45.2-1634","catch_line":" Gas and Oil Plugging and Restoration Fund","url":"\/45.2-1634\/","token":"45.2\/IV\/16\/3\/45.2-1634","metadata":false},{"id":86870,"structure_id":15425,"section_number":"45.2-1635","catch_line":" Expiration of permits","url":"\/45.2-1635\/","token":"45.2\/IV\/16\/3\/45.2-1635","metadata":false},{"id":77799,"structure_id":15425,"section_number":"45.2-1636","catch_line":" Abandonment or cessation of well or corehole operation; plugging required","url":"\/45.2-1636\/","token":"45.2\/IV\/16\/3\/45.2-1636","metadata":false},{"id":76183,"structure_id":15425,"section_number":"45.2-1637","catch_line":" Objections to permits; hearing","url":"\/45.2-1637\/","token":"45.2\/IV\/16\/3\/45.2-1637","metadata":false},{"id":83420,"structure_id":15425,"section_number":"45.2-1638","catch_line":" Appeals of Director's decisions to the Board","url":"\/45.2-1638\/","token":"45.2\/IV\/16\/3\/45.2-1638","metadata":false},{"id":84931,"structure_id":15425,"section_number":"45.2-1639","catch_line":" Persons required to register; designated agents","url":"\/45.2-1639\/","token":"45.2\/IV\/16\/3\/45.2-1639","metadata":false},{"id":59598,"structure_id":15425,"section_number":"45.2-1640","catch_line":" Report of permitted activities and production required; contents","url":"\/45.2-1640\/","token":"45.2\/IV\/16\/3\/45.2-1640","metadata":false},{"id":81636,"structure_id":15425,"section_number":"45.2-1641","catch_line":" Developing a gas or oil well as a water well","url":"\/45.2-1641\/","token":"45.2\/IV\/16\/3\/45.2-1641","metadata":false},{"id":60443,"structure_id":15425,"section_number":"45.2-1642","catch_line":" Orphaned Well Fund; orphaned wells","url":"\/45.2-1642\/","token":"45.2\/IV\/16\/3\/45.2-1642","metadata":false},{"id":78314,"structure_id":15425,"section_number":"45.2-1643","catch_line":" Interference by injection wells with groundwater supply","url":"\/45.2-1643\/","token":"45.2\/IV\/16\/3\/45.2-1643","metadata":false},{"id":75577,"structure_id":15425,"section_number":"45.2-1644","catch_line":" Safety in coalbed methane gas, oil, and geophysical operations","url":"\/45.2-1644\/","token":"45.2\/IV\/16\/3\/45.2-1644","metadata":false}],"previous_section":{"id":71051,"structure_id":15425,"section_number":"45.2-1633","catch_line":" Bonding and financial security required","url":"\/45.2-1633\/","token":"45.2\/IV\/16\/3\/45.2-1633","metadata":false},"next_section":{"id":86870,"structure_id":15425,"section_number":"45.2-1635","catch_line":" Expiration of permits","url":"\/45.2-1635\/","token":"45.2\/IV\/16\/3\/45.2-1635","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1634\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 92 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":71051,"section_number":"45.2-1633","catch_line":" Bonding and financial security required","order_by":null,"url":"\/45.2-1633\/"},{"id":60443,"section_number":"45.2-1642","catch_line":" Orphaned Well Fund; orphaned wells","order_by":null,"url":"\/45.2-1642\/"}],"refers_to":[{"id":71051,"section_number":"45.2-1633","catch_line":" Bonding and financial security required","order_by":null,"url":"\/45.2-1633\/"},{"id":59598,"section_number":"45.2-1640","catch_line":" Report of permitted activities and production required; contents","order_by":null,"url":"\/45.2-1640\/"}],"permalink":{"id":224819,"object_type":"law","relational_id":71561,"identifier":"45.2-1634","token":"45.2\/IV\/16\/3\/45.2-1634","url":"\/45.2-1634\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1634\/","token":"45.2\/IV\/16\/3\/45.2-1634","dublin_core":{"Title":" Gas and Oil Plugging and Restoration Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1634","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is hereby created in the state treasury a special nonreverting fund to be known as the Gas and Oil Plugging and Restoration<\/span> Fund, referred to in this section as “the Fund.” All payments made into the Fund by gas or oil operators<\/span>, all collections of debt for expenditures made from the Fund, and all interest payments made into the Fund pursuant to the provisions of this section shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to the Fund. The Fund shall be established on the books of the Comptroller and any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director<\/span> or his designee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each permittee<\/span> operating under a blanket bond<\/span> pursuant to § 45.2-1633<\/a> shall annually pay to the Fund an amount equal to $50 multiplied by the number of permits he then holds, such payment to be submitted with the annual report required under § 45.2-1640<\/a>, until the payments and interest accruing to the Fund totals $100,000. Whenever the Director<\/span> determines that the Fund’s balance has fallen below $25,000 due to uncollectible debts, the Director<\/span> shall assess a fee of $50 per permit per year on each permittee<\/span> with a blanket bond<\/span> until the Fund’s balance once again reaches $100,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Moneys in the Fund shall be used solely for the purpose of supplementing bond<\/span> proceeds in order<\/span> to pay for the full cost of plugging and restoration<\/span> in the event of a blanket bond<\/span> forfeiture. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The amount by which the cost of plugging and restoration<\/span> exceeds the amount of the gas or oil operator<\/span>’s forfeited bond<\/span> shall constitute a debt of the operator to the Commonwealth. The Director<\/span> is authorized to collect such debts together with the costs of collection through appropriate legal action. All moneys collected pursuant to this subsection, less the costs of collection, shall be deposited in the Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No permit shall be issued to a gas or oil operator<\/span> until he has fully reimbursed the Commonwealth for any debt incurred pursuant to the provisions of subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In the event of a discontinuance of the Fund, any amounts remaining in the Fund shall be returned to each gas or oil operator<\/span> with a blanket bond<\/span> in proportion to the number of permits under the blanket bond<\/span> of each operator. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n GAS AND OIL PLUGGING AND RESTORATION FUND (\u00a7 45.2-1634)\n\nA. There is hereby created in the state treasury a special nonreverting fund to\nbe known as the Gas and Oil Plugging and Restoration Fund, referred to in this\nsection as “the Fund.” All payments made into the Fund by gas or oil\noperators, all collections of debt for expenditures made from the Fund, and all\ninterest payments made into the Fund pursuant to the provisions of this section\nshall be paid into the state treasury and credited to the Fund. Interest earned\non moneys in the Fund shall remain in the Fund and be credited to the Fund. The\nFund shall be established on the books of the Comptroller and any moneys\nremaining in the Fund, including interest thereon, at the end of each fiscal\nyear shall not revert to the general fund but shall remain in the Fund.\nExpenditures and disbursements from the Fund shall be made by the State\nTreasurer on warrants issued by the Comptroller upon written request signed by\nthe Director or his designee.\n\nB. Each permittee operating under a blanket bond pursuant to § 45.2-1633\nshall annually pay to the Fund an amount equal to $50 multiplied by the number\nof permits he then holds, such payment to be submitted with the annual report\nrequired under § 45.2-1640, until the payments and interest accruing to the\nFund totals $100,000. Whenever the Director determines that the Fund’s\nbalance has fallen below $25,000 due to uncollectible debts, the Director shall\nassess a fee of $50 per permit per year on each permittee with a blanket bond\nuntil the Fund’s balance once again reaches $100,000.\n\nC. Moneys in the Fund shall be used solely for the purpose of supplementing bond\nproceeds in order to pay for the full cost of plugging and restoration in the\nevent of a blanket bond forfeiture.\n\nD. The amount by which the cost of plugging and restoration exceeds the amount\nof the gas or oil operator’s forfeited bond shall constitute a debt of the\noperator to the Commonwealth. The Director is authorized to collect such debts\ntogether with the costs of collection through appropriate legal action. All\nmoneys collected pursuant to this subsection, less the costs of collection,\nshall be deposited in the Fund.\n\nE. No permit shall be issued to a gas or oil operator until he has fully\nreimbursed the Commonwealth for any debt incurred pursuant to the provisions of\nsubsection D.\n\nF. In the event of a discontinuance of the Fund, any amounts remaining in the\nFund shall be returned to each gas or oil operator with a blanket bond in\nproportion to the number of permits under the blanket bond of each operator.\n\nHISTORY: 1990, c. 92, \u00a7 45.1-361.32; 2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}