Et tu Brute? PA Rep. Garth Everett Falls for Severance Tax Trap
We have long admired Pennsylvania State Rep. Garth Everett, Republican from Muncy (Lycoming County), PA. Everett has been in the forefront of trying to get “minimum royalty” legislation passed that would guarantee PA landowners would get minimum royalty payments of 12.5%–regardless of any kind of post-production expenses. He’s been introducing a bill to do just that for the past three sessions (six years), the most recent attempt this year in February (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). Although Everett’s stance on the minimum royalty bill has him at odds with the drilling industry, he has always struck us as pro-gas and a friend to the industry. So we were particularly saddened to read Everett is now voicing support for a Marcellus-killing severance tax. Perhaps Everett has been influenced by fellow Lycoming County politico State Sen. Gene Yaw, who sold out the industry by supporting a severance tax during the recent budget votes (see Traitorous PA Senate Republicans Pass Severance Tax Bill). MDN note: Sen. Yaw reached out to MDN several times with caustic comments, taking issue with our view of his betrayal of the industry. Or maybe Everett’s newfound love of taxation has happened in response to the industry vigorously opposing his minimum royalty bill for the past six years, i.e. revenge. Whatever the reason, Everett is now saying he supports a severance tax–as long as the tax can’t be deducted from landowner royalties…
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For some reason Tom Wolf has successfully cultivated a public persona of a genteel, non-partisan businessman–from the very beginning of his race for the governor’s chair even through today. We weren’t fooled, but many were. He’s proven to be just what we thought he was: a vicious partisan liberal, a spoiled rich kid who grew up to be a spoiled rich adult. Someone who throws a fit when he doesn’t get his own way. The severance tax is a perfect example. From his first day in office, Wolf lobbied hard for a severance tax. Such a tax was thought to be an easy way to pour billions of dollars into “education.” It was Wolf’s quid pro quo with Philadelphia teacher’s unions. They voted him into office, and he would repay them with big money–getting it from an “easy mark”–the Marcellus industry. Turns out the industry wasn’t such an easy mark after all. It has been a long, bloody fight, but the fight (for this year) is now over and Wolf has lost, third year in a row, to get a severance tax passed. His anger bubbled over last week and Wolf revealed his true character. When asked about the budget process, Wolf’s office issued this statement about House Republicans, attributed to Wolf: their opposition to a severance tax “has revealed the worst of Harrisburg.” In other words, Wolf just called House Republicans, his principled opponents, “the worst of Harrisburg.” His comment is the political equivalent of a five year-old stomping his feet and throwing himself on the floor when he doesn’t get his own way. Thank God for House Republicans who held the line against this insane severance tax, and shame on Senate Republicans who turned traitor. Hopefully they’ve learned a lesson from their courageous House colleagues about holding the line…
The Pennsylvania legislature has spoken. The PA Senate and House have now sent all three budget-related bills to liberal Gov. Tom Wolf for his signature. In the end, severance tax proponents, including traitorous Republicans in the Senate (and House), could not ramrod through a new, punishing tax on the Marcellus industry–on top of the many taxes the industry already pays. RINOsaur Gene DiGirolamo could not get his 3.2% severance tax bill passed in time for this year’s budget–but it hangs out there like a zombie, not quite ready to die, just yet (see 
While Pennsylvania legislators and PA Gov. Tom Wolf work to finish up the four-month-late state budget, the issue of whether or not to enact a severance tax to help pay for Harrisburg’s wild overspending is still alive. We think it’s mostly dead, but the severance tax keeps coming back to life like a zombie in a B horror flick. The latest incarnation comes from a Republican in Name Only (RINO), Gene DiGirolamo, a Philadelphia area member of the PA House. As we previously reported, DiGirolamo’s House Bill (HB) 1401 would slap a 3.2% severance tax on top of the existing impact tax, which is the equivalent of a 5%+ severance tax already (see 
Yesterday MDN told you about two different environmental “riders” snuck into the Pennsylvania Fiscal Code bill that is part of the annual state budget (now four months late). The riders have nothing to do with the budget or raising revenue. It’s a sleazy political ploy to pass unpopular measures that wouldn’t get passed on a standalone vote. One of the riders changes the terms of existing leases by allowing drillers to reactivate old/expired leases, either by restarting production or by drilling a new well if the landowner doesn’t object within 90 days of notification (see 
The Pennsylvania Supreme Court said last week it will accept a case about strippers–stripper wells, that is. In brief, in 2012 Pennsylvania passed the Act 13 drilling law that includes a fee on wells targeting shale layers, including the Marcellus. Snyder Brothers, headquartered in Kittanning, PA, drills mostly conventional (vertical only) wells in southwestern PA. In 2011-2012 they drilled 45 vertical-only wells, but targeting the Marcellus, all of the wells fracked. Initially those wells produced more than 90 Mcf/day, but by December of the year they were drilled, they produced less than 90 Mcf/day. The way the 2012 Act 13 law is written, if a well produces less than 90 Mcf/day during “any” month it is considered a stripper well and exempt from paying the impact fee. The state’s Public Utility Commission (PUC) assessed the fee anyway because for 11 months the wells produced more than 90 Mcf/day. Snyder Bros. sued and after an appeal of the case, Snyder Bros. won their case in March, exempting those wells from paying impact fees (see 
As predicted earlier this week, yesterday the Pennsylvania House Finance Committee voted to approve a 3.2% severance tax on top of the existing 5%+ impact tax (see 
Yesterday the Pennsylvania House of Representatives passed House Bill (HB) 542 to try and finalize the three month plus late PA budget. This latest bill (see the summary below) uses mostly borrowing, against tobacco settlement money and small tax increases on online businesses and fireworks distributors to balance this year’s budget. The bill does NOT include a severance tax. Sounding like Johnny One-Note, PA Gov. Wolf immediately said any final deal must include a Marcellus-killing severance tax, or he won’t sign it. Some of the traitorous Republicans in the Senate still want to see a severance tax too (see 
RINOsaur /ri-no-sor/ (noun) – 1. a very old (fossil-worthy) Republican-In-Name-Only, someone who, if he were truly honest, would have registered as a Democrat decades ago. 2. so-called moderate Republican whom voters should have been put out to pasture decades ago. 3. Gene DiGirolamo. Pennsylvania State Rep. Gene DiGirolamo, a Republican-in-Name-Only (RINO) from the Philadelphia area, has been trying to punish the Marcellus industry in the state since 2011 when he first introduced legislation to impose a Marcellus-killing severance tax. And pretty much every year since then he has re-introduced a severance tax bill. Sometimes it’s for 3.2%. Other times 4.9% (
Sadly, the severance tax issue in Pennsylvania is not yet dead, as we had hoped. Last week budget negotiations broke down and PA Gov. Wolf took matters into his own hands by borrowing $1.25 billion from the state’s Liquor Control Board to plug a gap in this year’s budget (see 
Attempting to bluster his way through an epic fail to get a budget agreement done, Pennsylvania Gov. Tom Wolf tried to lay the blame for a late budget on House Republicans, for their refusal to pass a severance tax. Yesterday Wolf unilaterally acted to plug a budget deficit (to fill the gap in a wildly overspent budget) by borrowing $1.25 billion from the state’s Liquor Control Board, from future liquor revenue payments. Playing politics, Wolf laid blame on Republicans in the House, saying he has “had enough of the games” and is “drawing a line in the sand.” Wolf’s willingness to act unilaterally by borrowing against future liquor revenues appeared to have stunned Republicans in the House, who rightly ask this question: If Wolf could have acted unilaterally like this to pull forward revenue and plug the gap, why didn’t he do it a month ago to prevent a downgrade in PA’s credit rating? That’s a great question. So who’s really playing politics with the people of PA? Wolf’s official statement belies his petulant, crybaby attitude in not getting his own way with a Marcellus-killing severance tax. Wolf held out hope that traitorous Republicans in the Senate could bully House Republicans into accepting a severance tax. Wolf lost that political gamble and he now must scramble to try and cover his political backside before the next election. Wolf’s base of far-left Philadelphia teachers won’t be happy. Wolf couldn’t get a severance tax passed in his first four years in office–so why expect he can in the next four? Wolf’s future as governor is now on life support–thanks to principled House Republicans who held the line and refused to cave to the pressure. So for now, the budget battle has ended. It’s over. Yes, a few more things need to get done, but the pressure is off. You might as well say the budget for this year is a done deal, WITHOUT a severance tax!…
In an issue that’s growing old, fast, the Pennsylvania legislature has still not dragged the dead horse known as the 2017 state budget across the finish line. It all started months ago when the Republican-led legislature passed a $32 billion budget–with only $30 billion available to pay for it. Big mistake. The pressure was intense to pass a severance tax to help fill the gap. Traitorous Republicans in the Senate caved to that pressure and in July passed a budget bill that hikes taxes on lots of things, including a severance tax (see 
Yesterday afternoon Pennsylvania Senate Majority Leader Jake Corman told the media that talks on finishing the state budget are “closer than we’ve been in some time.” He also cautioned, “nothing is agreed to until everything is agreed to.” As for a severance tax, Corman said current discussions do not include a severance tax, which is interesting as Corman is one of the traitorous Republican Senators who voted for a severance tax back in July (see 