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HB0128 • 2026

Enhanced oil recovery-severance tax exemption.

AN ACT relating to taxation and revenue; providing a severance tax exemption for tertiary oil production as specified; requiring reports; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Tarver
Last action
2026-03-06
Official status
enrolled
Effective date
7/1/2026

Plain English Breakdown

The official source does not specify the exact amount of oil that qualifies for the tax break.

Oil Tax Break for Enhanced Recovery

This law creates a tax exemption for oil companies using advanced techniques to extract more oil from old wells, and requires them to report their production.

What This Bill Does

  • Exempts oil companies from paying severance taxes on tertiary oil production (oil extracted through enhanced recovery methods) starting July 1, 2026.
  • Limits the exemption period to five years after the first day of tertiary production for projects certified between July 1, 2026 and July 1, 2031.
  • Requires the Oil and Gas Conservation Commission and Department of Revenue to report annually on the amount of oil produced under this exemption until November 1, 2036.

Who It Names or Affects

  • Oil companies that use enhanced recovery methods for tertiary oil production.
  • The Oil and Gas Conservation Commission and Department of Revenue who must report annually on this tax exemption.

Terms To Know

Tertiary Production
Oil extracted from a well using advanced techniques after primary and secondary recovery methods have been used.
Severance Tax
A tax on the removal or extraction of natural resources like oil, paid by companies to the state government.

Limits and Unknowns

  • The exemption only applies for a five-year period from when tertiary production begins.
  • Reports are required annually until November 1, 2036, but it is unclear what happens after this date.

Bill History

  1. 2026-03-06 LSO

    Assigned Chapter Number 46

  2. 2026-03-06 Governor

    Governor Signed HEA No. 0018

  3. 2026-03-03 Senate

    S President Signed HEA No. 0018

  4. 2026-03-03 House

    H Speaker Signed HEA No. 0018

  5. 2026-03-02 LSO

    Assigned Number HEA No. 0018

  6. 2026-03-02 House

    H Concur:Passed 59-0-3-0-0

  7. 2026-03-02 House

    H Received for Concurrence

  8. 2026-03-02 Senate

    S 3rd Reading:Passed 30-1-0-0-0

  9. 2026-02-27 Senate

    S 2nd Reading:Passed

  10. 2026-02-26 Senate

    S COW:Passed

  11. 2026-02-25 Senate

    S Placed on General File

  12. 2026-02-25 Senate

    S09 - Minerals:Recommend Amend and Do Pass 5-0-0-0-0

  13. 2026-02-23 Senate

    S Introduced and Referred to S09 - Minerals

  14. 2026-02-23 Senate

    S Received for Introduction

  15. 2026-02-21 House

    H 3rd Reading:Passed 60-1-1-0-0

  16. 2026-02-20 House

    H 2nd Reading:Passed

  17. 2026-02-19 House

    H COW:Passed

  18. 2026-02-19 House

    H Placed on General File

  19. 2026-02-19 House

    H09 - Minerals:Recommend Do Pass 9-0-0-0-0

  20. 2026-02-11 House

    H Introduced and Referred to H09 - Minerals 58-3-1-0-0

  21. 2026-02-10 House

    H Received for Introduction

  22. 2026-02-09 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 26LSO-0159

Bill No.:

HB0128

Effective:

7/1/2026

LSO No.:

26LSO-0159

Enrolled Act No.:

HEA No. 0018

Chapter No.:

46

Prime Sponsor:

Tarver

Catch Title:

Enhanced oil recovery-severance tax exemption.

Has Report:

Yes

Subject:

Providing a severance tax exemption for tertiary oil production.

Summary/Major Elements:

This act provides an exemption from the severance taxes charged in W.S. 39-14-204(a)(iii) (which is a two percent (2%) severance tax) for tertiary production resulting from enhanced oil recovery projects that the Oil and Gas Conservation Commission certifies.

This exemption applies to tertiary production from projects certified between July 1, 2026 and July 1, 2031, and the exemption applies for a period of five (5) years from the date of the first tertiary production from the project.

Under current law, tertiary production is oil that is recovered from a petroleum reservoir by means of a tertiary enhanced recovery project using at least one tertiary recovery technique that meets state or federal requirements.

The act requires the Department of Revenue and the Oil and Gas Conservation Commission to report annually on the tertiary production qualifying for the severance-tax exemption provided in this act until November 1, 2036.

Comments:

This act requires an annual report from the Department of Revenue and the Oil and Gas Conservation Commission until November 1, 2036.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
26LSO-0159

ORIGINAL House

ENGROSSED
Bill No
.
HB0128

ENROLLED ACT NO. 18,

HOUSE OF REPRESENTATIVES

SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2026 Budget Session

AN ACT relating to taxation and revenue; providing a severance tax exemption for tertiary oil production as specified; requiring reports; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 39
‑
14
‑
205 by creating a new subsection (q) is amended to read:

39
‑
14
‑
205.

Exemptions.

(q)

Tertiary production resulting from projects certified by the Wyoming oil and gas conservation commission after July 1, 2026 and before July 1, 2031 is exempt from the severance taxes imposed by W.S. 39
‑
14
‑
204(a)(iii) for a period of five (5) years from the date of first tertiary production. Not later than November 1, 2026 and each November 1 thereafter until November 1, 2036, the oil and gas conservation commission and the department shall report on the tertiary production qualifying for the exemption under this subsection. The report shall include the amount of production, the number of operators qualifying for the exemption, the number of wells, the amount of severance taxes paid on that production, the amount of severance taxes exempted under this subsection and the ad valorem and sales taxes paid in connection with that production.

Section 2
.

This act is effective July 1, 2026
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1