Title 9 — Title 9

Unless the context otherwise requires, the following terms shall have the following meanings: (1) BOARD. The State Oil and Gas Board created by this article. (2) DEVELOPED AREA or DEVELOPED UNIT. A drainage unit having a well completed thereon which is capable of producing oil or…

(a) The Oil and Gas Supervisor, with the concurrence of the board, shall have the authority and it shall be his duty to employ all personnel necessary to carry out the provisions of this article. Such personnel shall be employed under and shall be subject to the provisions of the…

As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY HAVING JURISDICTION. Alabama Liquefied Petroleum Gas Board. (2) BOARD. The Alabama Liquefied Petroleum Gas Board…

Rules and Regulations. (a) There is created and established the Alabama Liquefied Petroleum Gas Board. The board shall be composed of eight members: The State Fire Marshal; the state Director of Public Safety; the President of the Alabama Public Service Commission; four members w…

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 s…

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 transp…

and Inspectors Constituted Peace Officers; Liquefied Petroleum Gas Board Fund; Excess Balances to Be Transferred to Fund. (a) The board shall appoint, prescribe the duties of, and fix the compensation of an administrator. The board may dismiss an administrator at its discretion. …

Liquefied Petroleum Gas Board Personal Bond Fund; Change of Name. (a) The board may issue permits to any person, who is a citizen of the United States or, if not a citizen of the United States, is legally present in the United States with appropriate documentation from the federa…

Suppliers, Permit Holders; Invoice Cost; Exemption from Section 40-12-84. (a) Fees for Permit A and Permit B. Every applicant for a Permit A or a Permit B, at the time of issuance, shall pay to the board a fee of three hundred dollars ($300) and annually thereafter pay to the boa…

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…

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…

Containers; Installation, Maintenance, Etc., of Appliances; Damages. (a) Any person violating this article or any rule, order, or regulation promulgated pursuant to this article shall, on conviction thereof, be fined not more than one thousand dollars ($1,000) and may also be imp…

Waste of oil or gas as defined in this article is hereby prohibited. History: (Acts 1945, No. 1, p. 1, §8.)

(a) The Liquefied Petroleum Gas Research and Education Advisory Committee is created. The committee shall consist of five members as follows: Two members shall be industrial members of the LP-Gas Board appointed by the board chair; two members shall be either a dealer or a dealer…

Shares. (a) Whether or not the total production from a pool is limited or prorated, no rule, regulation, or order of the board shall be such in terms or effect that it will do the following: (1) That it shall be necessary at any time for the producer from or the owner of, a tract…

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 resident…

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…

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 saf…

This article shall be enforced by the Liquefied Petroleum Gas Board. History: (Acts 1994, No. 94-706, p. 1369, §4.)

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. History: (Acts 1994, No. 94-706, p. 1369, §5.)

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. History: (Acts 1994, No. 94-706, …

Procedures. (a) When any mineral or other related interests deriving from two or more separately owned tracts of land are embraced within an established or a proposed drilling or production unit, or when there are separately owned interests in all or a part of an established or p…

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 bec…

This article may be cited as the “Alabama Coalbed Methane Gas Well Plugging Fund Act.” History: (Acts 1990, No. 90-635, p. 1164, §2.)

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 …

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 levie…

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 thr…

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 expen…

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, th…

(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 p…

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 superv…

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 aris…

Production Allowable Within State or from Separate Pools; Production of More Than Established Allowable Production or Production in Unauthorized Manner. (a) Whenever the board limits the total amount of oil or gas which may be produced in this state, the limit so fixed shall not …

Any interested person aggrieved by any rule, regulation or order made or promulgated by the board under this article and who may be dissatisfied therewith shall, within 30 days from the date said order, rule or regulation was promulgated, have the right, regardless of the amount …

Unless the context otherwise requires, the following words and terms shall 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 …

Abandonment of Underground Storage Facilities.. (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…

Dissolution of Fields and Units; Determination of Commercial Reserves; Creation of Cavities. (a) The use of an underground reservoir as a storage facility for gas is hereby authorized, provided that the board shall first enter an order, after notice and hearing pursuant to the pr…

(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 pertai…

(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 operati…

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 re…

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 …

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 Artic…

(a) No temporary restraining order or injunction of any kind shall be granted against the board or the members thereof or against the Attorney General or any district attorney or against any agent, employee or representative of the board restraining the board or any of its member…

For the purposes of this division, the term “pore space” means subsurface space that can be used for the geologic storage or sequestration of carbon dioxide and incidental substances that are part of the carbon dioxide capture, transportation, or storage process. History: (Act 20…

Real Property; Approval to Operate Carbon Dioxide Storage Facility. (a) The ownership of pore space in all strata below the surface lands and waters of this state is vested in the owners of the surface rights above the underlying strata where the pore space exists, unless the own…

For a storage facility that is used for the storage and sequestration of carbon dioxide, all of the following shall apply: (1) A storage operator shall adhere to all rules adopted by the board relating to the underground storage of carbon dioxide. (2) A storage operator shall mak…

Underground Carbon Dioxide Storage Facility Trust Fund. (a)(1) The Underground Carbon Dioxide Storage Facility Administrative Fund is created in the State Treasury. The fund shall consist of all administrative fees for the geologic storage of carbon dioxide as determined by the b…

(a) A storage operator has title to all carbon dioxide injected and stored in a storage facility. A storage operator is liable for any damages attributed to its operations while holding title to the injected carbon dioxide. (b) Upon all carbon dioxide injections into a storage fa…

Storage of Carbon Dioxide. The Commissioner of Conservation and Natural Resources, on behalf of this state, is authorized to lease pore space for any lands under the jurisdiction of the Department of Conservation and Natural Resources for underground storage of carbon dioxide on,…

The board may adopt rules as necessary to implement and administer this division. History: (Act 2024-325, §2.)