New York A 4397: Relates to school property and real property taxes

Bill Text

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A04397 Summary:

BILL NOA04397 

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SAME ASNo Same As

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SPONSORMolitor

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COSPNSR

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MLTSPNSR

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Amd §23-0901, En Con L

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Relates to rights and obligations of a municipality electing integrated non-participating owner status in gas and oil wells; provides that such municipal owner shall not have obligations for taxes, charges, fees or liability for personal injury or damages.

Go to top A04397 Actions:

BILL NOA04397 

&nbsp

02/04/2025referred to environmental conservation

01/07/2026referred to environmental conservation

Go to topA04397 Committee&nbspVotes:

Go to topA04397 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04397 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4397

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
 tee on Environmental Conservation

 AN ACT to amend the environmental conservation law, in relation to
 rights and obligations of a municipality electing integrated non-par-
 ticipating owner status in gas and oil wells

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subparagraph 1 of paragraph a of subdivision 3 of section
 2 23-0901 of the environmental conservation law, as amended by chapter 386
 3 of the laws of 2005, is amended to read as follows:
 4 (1) "Integrated non-participating owner" or "non-participating owner"
 5 means an owner who elects to reimburse the well operator, out of
 6 production proceeds, for such owner's proportionate share of the actual
 7 well costs of the initial well in a spacing unit and be subject to a
 8 risk penalty, and complies with all of the requirements for integration,
 9 including the terms of integration, as specified in an order of inte-
 10 gration issued pursuant to the compulsory integration provisions of this
 11 section. The non-participating owner shall receive the full share of
 12 production attributable to such owner's proportionate interest in the
 13 spacing unit following the recoupment by the well operator of the
 14 owner's proportionate share of the actual well costs plus a risk penalty
 15 of two hundred percent of the share of the actual well costs allocable
 16 to such owner. In the case of a leased tract, a royalty shall be
 17 deducted from the non-participating owner's share of production, which
 18 shall not be subject to charges or costs, but shall be separately calcu-
 19 lated and paid to the non-participating owner on behalf of the royalty
 20 owner as follows:
 21 (i) During the recovery of the actual well costs, 1/16 or 6.25%,
 22 (ii) During the recovery of the first 100% of the risk penalty, 3/32
 23 or 9.38%,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08319-01-5

 A. 4397 2

 1 (iii) During the recovery of the second 100% of the risk penalty, the
 2 lowest royalty fraction set forth in an existing lease in the unit, but
 3 no less than 1/8 or 12.5%.
 4 A duly incorporated municipality under the laws of the state of New
 5 York, if electing integrated non-participating owner status, shall have
 6 no obligations to the well operator or any other owner for any charges,
 7 taxes or fees associated with the operation of the oil or gas well and,
 8 notwithstanding any other law to the contrary, shall not be liable by
 9 reason of the owner's status as an integrated non-participating owner
 10 for any claims for personal injury or property damage suffered by any
 11 person relating to the drilling and operation of the well, and the oper-
 12 ator shall hold harmless, defend and indemnify such municipality in any
 13 action for damages arising out of the status of municipality as an inte-
 14 grated non-participating owner.
 15 Nothing in this subparagraph relieves any lessee of its obligation to
 16 pay, from the commencement of production, any remaining royalty and
 17 overriding royalty owed under the terms of its lease. Any municipality
 18 electing integrated non-participating owner status shall be deemed a
 19 lessee for purposes of royalty payments under clauses (i), (ii) and
 20 (iii) of this subparagra