0 chapters · 1,298 sections in this title.
Ala. Code § 9-17-17 Injunctions - Issuance Against Persons Violating, Etc., Provisions of
1.5K chars
Article, Rules, Etc. Whenever it shall appear that any person is violating or threatening to violate any provision of this article or any rule, regulation or order made under this article and unless the board without litigation can effectively prevent further violation or threat …
Ala. Code § 9-17-170 Short Title
0.1K chars
This article may be cited as the Alabama Propane Education and Research Act of 2009. History: (Act 2009-580, p. 1707, §1.)
Ala. Code § 9-17-171 Definitions
2.3K chars
As used in this article, the following terms shall have the following meanings: (1) AGRICULTURE. The art or science of cultivating the ground and raising and harvesting crops, including also feeding, breeding, and management of livestock and poultry; tillage; husbandry; or farmin…
Ala. Code § 9-17-172 Purpose
0.6K chars
It is hereby declared to be in the interest of public welfare that propane gas wholesalers are encouraged to act jointly and in cooperation with the retail marketers in promoting and stimulating through research, education, marketing, and other methods, the increased and efficien…
Ala. Code § 9-17-173 Promotional Activities
0.4K chars
It is further declared to be in the public interest and highly advantageous to the economy of the State of Alabama that the propane gas industry be permitted by referendum to levy upon itself an assessment to be used to promote the industry through consumer education, safety and …
Ala. Code § 9-17-174 Referendum for Assessment
2.7K chars
(a) The qualified industry organization shall conduct at its own expense a referendum among wholesalers and retail marketers doing business in the State of Alabama on the question of whether to levy upon themselves an assessment. The referendum shall be conducted on a statewide b…
Ala. Code § 9-17-175 Alabama Propane Education and Research Council
3.7K chars
(a) The qualified industry organization shall select members of the council from nominations made by retail marketers and wholesalers operating in the State of Alabama. Vacancies in the unfinished terms of council members shall be filled in the same manner as were the original ap…
Ala. Code § 9-17-176 Assessment
2.0K chars
(a) The council shall set the initial assessment at no greater than one-tenth of one cent per gallon of odorized propane. Thereafter, annual assessments shall be sufficient to cover the cost of plans and programs developed by the council. The assessment may not be greater than on…
Ala. Code § 9-17-177 Enforcement
0.4K chars
The council is authorized to bring an action in a court of competent jurisdiction to specifically enforce this article and prevent or restrain any person from violating any provisions of this article. If the council prevails in an action for compliance under this section, a court…
Ala. Code § 9-17-178 Price of Propane
0.3K chars
In all cases, the price of propane shall be determined by market forces. Consistent with the antitrust laws, the council may take no action, nor may any provision of this article be interpreted as establishing an agreement to pass along to consumers the cost of the assessment pro…
Ala. Code § 9-17-179 Construction
0.2K chars
Nothing in this article may be construed to preempt or supersede any other program relating to propane education and research organized and operated under the laws of the State of Alabama. History: (Act 2009-580, p. 1707, §10.)
Ala. Code § 9-17-18 Injunctions - Appeals
1.0K chars
In any civil action where the board, in the name of the state, seeks enforcement of this article or of any rule, regulation or order issued under this article, as provided in Section 9-17-17 or in any civil action where an interested party seeks to test the validity of or enjoin …
Ala. Code § 9-17-19 Civil Actions for Damages for Violations of Provisions of Article, Rules,
1.6K chars
Etc.; Actions by Private Parties to Enjoin Violations of Provisions of Article, Rules, Etc. (a) Nothing contained or authorized in this article and no civil action by or against the board and no penalties imposed or claimed against any person for violating any provision of this a…
Ala. Code § 9-17-190 Legislative Findings
1.8K chars
The Legislature finds and declares that the following facts are true and correct: (1) The 109th Congress of the United States of America enacted into law Public Law 109-432, Division C, Title I, (43 U.S.C. § 1331 note), commonly known as the “Gulf of Mexico Energy Security Act of…
Ala. Code § 9-17-191 Funding for Coastal Conservation
0.4K chars
It is the intent of the Legislature, by the passage of this article, to require that all federal funds made available to the state through Public Law 109-432, Division C, Title I, (43 U.S.C. § 1331 note), and administered by the Alabama Department of Conservation and Natural Reso…
Ala. Code § 9-17-2 Declaration of Public Policy; Purpose of Article
0.3K chars
The prevention of waste of oil and gas and the protection of correlative rights are declared to be in the public interest. The purpose of this article is to prevent such waste and to protect correlative rights. History: (Acts 1945, No. 1, p. 1, §1; Acts 1969, No. 1033, p. 1916, §…
Ala. Code § 9-17-21 Illegal Oil, Gas or Product - Sale, Acquisition, Processing, Handling,
1.8K chars
Etc. (a) The sale, purchase or acquisition or the transportation, refining, processing or handling in any other way of illegal oil, illegal gas or illegal product is hereby prohibited. (b) Unless and until the board provides for certificates of clearance or tenders or some other …
Ala. Code § 9-17-22 Illegal Oil, Gas or Product - Seizure, Condemnation and Sale
2.5K chars
Apart from and in addition to any other remedy or procedure which may be available to the board or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas or illegal product, all illegal oil, illegal gas a…
Ala. Code § 9-17-23 Owners Not to Allow Wells to Get Out of Control, Etc.; Rights of Board
2.4K chars
Upon Failure of Owners to Control Wells; Powers, Etc., of Board to Secure Payment by Owners of Costs and Expenses of Controlling or Plugging Wells. In order to protect further the natural gas fields and oil fields in this state, it is hereby declared to be unlawful for any owner …
Ala. Code § 9-17-24 Notification Requirement; Hearing; Fees; Alabama Oil and Gas Board
5.3K chars
Special Fund. (a) Any person desiring or proposing to drill any well in search of oil or gas or any person proposing to drill a Class II injection well as defined in the Federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., before commencing the drilling of any such well, sh…
Ala. Code § 9-17-25 Tax for Expenses of Administration and Enforcement of Article - Levied;
2.6K chars
Exemptions; Payment. (a) For the purpose of defraying the expenses connected with the administration and enforcement of this article, including the expense of the inspections, tests, analyses, and all other expenses connected with the supervision and protection of crude petroleum…
Ala. Code § 9-17-26 Tax for Expenses of Administration and Enforcement of Article -
2.3K chars
Records, Returns and Remittances of Producers; Determination of Gross Value at Point of Production; Rules and Regulations. (a) It shall be the duty of every person producing or in charge of production of crude petroleum or natural gas from any well or wells in the State of Alabam…
Ala. Code § 9-17-27 Tax for Expenses of Administration and Enforcement of Article -
0.5K chars
Recovery of Tax Improperly Collected. In the event that any collection of tax is improperly made in an effort to enforce the provisions of Section 9-17-25 or Section 9-17-35, either as a result of a mistake of law or fact, the amount so paid may be recovered in the same manner as…
Ala. Code § 9-17-3 Oil and Gas Board - Created; Composition; Compensation and
2.3K chars
Members Emeritus. (a) There is created and established a board, to be known as the State Oil and Gas Board, to be composed of three members to be appointed by the Governor for terms of the following duration: One member for a term of two years; one member for a term of four years…
Ala. Code § 9-17-3.1 Oil and Gas Board — Exemption from Sunset Law
0.2K chars
Commencing on February 8, 2018, the State Oil and Gas Board is not subject to review as an enumerated agency under the Alabama Sunset Law. History: (Act 2018-75, §3.)
Ala. Code § 9-17-31 Tax for Expenses of Administration and Enforcement of Article -
0.5K chars
Disposition and Expenditure. All funds collected pursuant to the tax levied on the producer of crude petroleum oil or natural gas produced for sale, transport, storage, profit or for use, from any well or wells in the State of Alabama, as is provided in Section 9-17-25 and Sectio…
Ala. Code § 9-17-32 Penalty for Violations of Provisions of Article, Rules, Etc.; Penalty
2.5K chars
Applicable to Each Prohibited Transaction Relating to Illegal Oil, Gas, or Product; Penalty for Aiding or Abetting Violations of Provisions of Article, Rules, Etc.; Payment of Fine Not to Abridge Private Causes of Action for Damages for Violations of Rules, Etc. (a) Any person wh…
Ala. Code § 9-17-33 Disposition of Proceeds from Sale of Oil or Gas Production
6.9K chars
(a) As used in this section, the following terms shall have the following meanings: (1) CHECK STUB. The financial record attached to a check, included with a check, or mailed separately at or near the time the check is mailed. (2) DIVISION ORDER. A contract between the interest o…
Ala. Code § 9-17-34 Additional Definitions
5.6K chars
In addition to the definitions contained in Section 9-17-1, which shall apply for the purpose of computing the tax as provided in Section 9-17-35, except to the extent there is a conflict with the definitions contained herein, the following definitions shall apply for the purpose…
Ala. Code § 9-17-35 Tax Based on Gross Proceeds for Offshore Production
0.5K chars
(a) The tax levied upon the producers of offshore production, produced from depths greater than 8,000 feet below mean sea level, shall be computed at the rate of one and sixty-six one hundredths percent (1.66%) of the gross proceeds attributable to the offshore production. (b) Th…
Ala. Code § 9-17-4 Oil and Gas Board - Quorum; Votes Required for Promulgation of
0.2K chars
Rules, Regulations or Orders. Two members of the board shall constitute a quorum, but two affirmative votes shall be necessary for the adoption or promulgation of any rule, regulation or order of the board. History: (Acts 1945, No. 1, p. 1, §6.)
Ala. Code § 9-17-5 Oil and Gas Board - Representation in Litigation; Administration of
0.6K chars
Oaths. The Attorney General shall be attorney for the board; provided, that in cases of emergency the board may call upon the district attorney of the circuit where the action is to be brought or defended to represent the board until such time as the Attorney General may take cha…
Ala. Code § 9-17-50 Cancellation on Records of Lapsed Optional Leases; Liability of
1.3K chars
Lessees for Failure or Refusal to Mark Leases Cancelled on Records, Etc., Upon Request of Lessors. (a) Whenever by reason of the termination of the full period within which an optional gas and oil lease which is of record may be kept alive by the payments of rentals or by reason …
Ala. Code § 9-17-6 Oil and Gas Board - Powers and Duties Generally
6.1K chars
(a) The board shall have jurisdiction and authority over all persons and property necessary to administer and enforce effectively the provisions of this article and all other articles relating to the conservation of oil and gas. (b) The board shall have the authority and it shall…
Ala. Code § 9-17-60 Authorization for Leasing of Certain State Lands for Exploration,
1.3K chars
Development and Production - Lands of Department of Conservation and Natural Resources. (a) The Commissioner of Conservation and Natural Resources, on behalf of the state, is hereby authorized to lease any lands or interest therein under the jurisdiction of the Department of Cons…
Ala. Code § 9-17-61 Authorization for Leasing of Certain State Lands for Exploration,
0.6K chars
Development and Production - Lands of Other State Departments, Institutions or Agencies. The Commissioner of Conservation and Natural Resources, on behalf of the state, is hereby authorized, upon the written request of the head of any state department, institution or agency, to l…
Ala. Code § 9-17-62 Authorization for Leasing of Certain State Lands for Exploration,
0.9K chars
Development and Production - Lands Under Navigable Streams, Waters, Etc. The Commissioner of Conservation and Natural Resources, on behalf of the state, is hereby authorized to lease, upon such terms as he may approve, any lands or any right or any interest therein under any navi…
Ala. Code § 9-17-63 Leases May Authorize Pooling or Unitization
0.4K chars
Any lease executed under the provisions of this division may authorize the lessee to pool or unitize the lease, the lands or minerals covered thereby or any part thereof with other lands, leases or mineral estates or parts thereof upon such terms as the Commissioner of Conservati…
Ala. Code § 9-17-64 Execution of Pooling or Unitization Agreements or Amendments to
1.6K chars
Leases to Authorize Same. The Commissioner of Conservation and Natural Resources is hereby authorized to execute upon such terms as he may approve: (1) Pooling or unitization agreements affecting oil, gas and other minerals or any one or more of them, on, in or under lands within…
Ala. Code § 9-17-65 Lands to Be Leased Upon Basis of Competitive Bids; Invitations for
2.0K chars
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 b…
Ala. Code § 9-17-66 Parties Requesting Advertisement of Lands for Lease Purposes to Pay
0.3K chars
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. History: (Acts 1963, No. 529, p…
Ala. Code § 9-17-67 Charges for Oil and Gas Lease Tract Charts
0.3K chars
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. Hi…
Ala. Code § 9-17-68 Revenues from Leases - Disposition
1.2K chars
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 sh…
Ala. Code § 9-17-69 Revenues from Leases - Expenditure
0.2K chars
No such revenues shall be expended from such funds unless and to the extent appropriated by law. History: (Acts 1956, 1st Ex. Sess., No. 158, p. 224, §8.)
Ala. Code § 9-17-7 Oil and Gas Board - Rules of Procedure for Hearings, Etc.;
2.9K chars
Promulgation, Etc., of Rules, Regulations or Orders Generally; Promulgation, Etc., of Emergency Rules, Regulations or Orders. (a) The board shall prescribe its rules of order or procedure in hearings or other proceedings before it under this article. (b) No rule, regulation or or…
Ala. Code § 9-17-8 Oil and Gas Board - Powers as to Witnesses; Enforcement of
2.3K chars
Subpoenas Issued by Board. (a) The board or any member thereof is hereby empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before it and to require the production of such books, papers and records in any proceeding before the boar…
Ala. Code § 9-17-80 Enhanced Recovery Methods
0.5K chars
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 enh…
Ala. Code § 9-17-81 Meeting of Board to Consider Need for Unit Operation
0.8K chars
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 upo…
Ala. Code § 9-17-82 Order Requiring Unit Operation - When Issued
0.9K chars
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 …
Ala. Code § 9-17-83 Order Requiring Unit Operation - Contents
6.4K chars
The order shall be fair and reasonable under all the circumstances, shall protect the rights of interested parties and shall include: (1) A description of the area embraced, termed the unit area, and a description of the pool or pools or portions thereof affected and lying within…