SB 2397 North Dakota Senate · 69th Legislative Assembly (2025-26)

AN ACT to create and enact a new subsection to section 57-51.1-03 of the North Dakota Century Code, relating to a limited exemption for development incentive wells; to amend and reenact sections 57-51-02.6, 57-51-05, and 57-51.1-01 of the North Dakota Century Code, relating to the temporary exemption for oil and gas wells employing a system to avoid flaring, an exemption from gross production tax for gas produced from certain enhanced oil recovery projects, and the definition of development incentive well; to provide an effective date; and to provide an expiration date.

Summary
Relating to a limited exemption for development incentive wells; to amend and reenact sections 57‑51‑02.6, 57‑51‑05, and 57‑51.1‑01 of the North Dakota Century Code, relating to the temporary exemption for oil and gas wells employing a system to avoid flaring, an exemption from gross production tax for gas produced from certain enhanced oil recovery projects, and the definition of development incentive well; to provide an effective date; and to provide an expiration date.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
May 2025
Senate Passage
May 2025
House Passage
May 2025
Signed into Law
May 2025
Introduced Jan 27, 2025 Signed May 17, 2025
Maddy AI version diff · 1 comparison

What changed between versions

INTRODUCED Enrollment · 5 edits
MODERATE
The bill was significantly rewritten to shift from defining 'non-oil-producing counties' for transportation funding to creating new tax exemptions and definitions for oil and gas development. The new version adds temporary tax exemptions for wells that avoid flaring gas, establishes a new tax exemption for gas from enhanced oil recovery projects, and creates a new definition for 'development incentive wells' to encourage technical drilling advancements.
Scope change
The bill's scope changed from focusing on transportation infrastructure funding eligibility to focusing on oil and gas production tax exemptions and well development incentives.
SCOPE

Removed all provisions defining 'non-oil-producing county' for flexible transportation fund, legacy earnings township aid fund, municipal infrastructure fund, and county and township infrastructure fund purposes.

EXEMPTIONS

Added a two-year and thirty-day tax exemption for gas collected at the well site to power electrical generators or used in value-added processes like compression to liquid or petrochemical production.

Added a temporary tax exemption for gas produced from enhanced oil recovery projects after June 30, 2025, until all injected gas is recovered.

DEFINITION

Created a new definition for 'development incentive well' for wells spud after June 30, 2025, that use new drilling techniques to develop previously underdeveloped reserves.

TIMELINE

Changed the effective date from July 1, 2025 to June 30, 2025 for the new enhanced oil recovery and development incentive well provisions.

Floor votes · Senate Feb 4, 2025 · House May 1, 2025

How they voted

460
Passed · 1 other
Total votes 47
Feb 4, 2025
D Democratic5
5 Yea
100% Yea
R Republican42
41 Yea 1
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
24
Key actions
15
Committee
9
Jun 11, 2025
Introduced
Filed with Secretary Of State 05/06
legislature
May 17, 2025
Signed into law
Signed by Governor 05/05
upper
May 1, 2025
Lower · Passed
Second reading, passed as amended, yeas 85 nays 5
lower
May 1, 2025
Lower · Passed
Reported back from conference committee, in place of, placed on calendar
lower
May 1, 2025
Upper · Passed
Second reading, passed, yeas 42 nays 4
upper
May 1, 2025
Upper · Passed
Conference committee report adopted
upper
Apr 29, 2025
Upper · Passed
Reported back from conference committee, in place of, placed on calendar
upper
Apr 25, 2025
Lower · Passed
Conference committee appointed Dockter Porter J. Olson
lower
Apr 24, 2025
Upper · Passed
Conference committee appointed Patten Rummel Sickler
upper
Apr 21, 2025
Lower · Passed
Second reading, passed as amended, yeas 89 nays 5
lower
Apr 18, 2025
Lower · Passed
Amendment adopted, placed on calendar
lower
Apr 17, 2025
Lower · Passed
Reported back amended, do pass, amendment placed on calendar 14 0 0
lower
Mar 11, 2025
Lower · Passed
Committee Hearing 10:30
lower
Feb 18, 2025
Introduced
Introduced, first reading, (emergency), referred Finance and Taxation Committee
lower
Feb 4, 2025
Upper · Passed
Second reading, passed, yeas 46 nays 0, Emergency clause carried
upper
Feb 3, 2025
Upper · Passed
Reported back, do pass, place on calendar 5 0 1
upper
Feb 3, 2025
Upper · Passed
Committee Hearing 10:30
upper
Jan 27, 2025
Introduced
Introduced, first reading, (emergency), referred Finance and Taxation Committee
upper
1 primary · 3 co-sponsors

Sponsors