PA Democrats Spout Lame Reasons to Support Severance Tax @ Hearing
It seems no matter how many times we calmly, rationally, factually respond to and refute the intellectual dishonesty around the issue of a severance tax in Pennsylvania, PA Democrats pop up to make the same already-refuted, debunked lies they spew, again and again. They must be of the opinion that if you repeat the same lies long enough, people will begin to believe them. And so a group of elected (and appointed) Democrat “leaders” gathered in Wilkes-Barre yesterday to rehash and repeat the same tired old lies about a severance tax. The organizer of the event was State Rep. Eddie Day Pashinski (Democrat from Wilkes-Barre) who stated at the event he doesn’t think the gas companies pay “their fair share.” That is such a bogus statement in so many ways. When did privately earned money suddenly belong to the state in the first place? Does Rep. Pashinski know that drillers already pay a severance tax–called an impact fee? And that by passing a severance tax on top of an impact fee, PA vaults to the top of the list–it would have the highest taxation of the industry in the United States at an effective rate of 9% (see PA Independent Fiscal Office: Wolf Severance Tax Highest in U.S.). There is NO doubt that drillers would shut down their programs in PA if such a tax were passed. But perhaps that’s what Rep. Pashinksi wants? Also at the meeting was a Democrat who is usually reasonable–Dennis Davin, secretary of the state Department of Community and Economic Development. Davin and his crew have done good work for the state, but unfortunately he answers to Gov. Tom Wolf (worst PA governor in living memory), and Wolf forces Davin to attend these types of meetings to wave the flag for Wolf’s idiotic severance tax proposal. It must be demeaning for Davin. If Davin really believes what he says about Wolf’s severance tax–we guess he’s not as smart as we thought he was. Here’s how the fawning establishment press reported yesterday’s “tax the $%#! out of drillers” meeting in Wilkes-Barre…
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As previously reported, liberal Pennsylvania House of Representatives Democrat Pam Synder has now introduced a bill (HB 1283, copy below) to “clear up” what the state Public Utility Commission (PUC) is a loophole in the Act 13 law that may allow some drillers to avoid paying impact fees (i.e. drilling taxes) on some Marcellus Shale wells (see 
As in previous years when Ohio’s RINO Gov. Kasich has proposed a super-high boost to the state’s severance tax, calm-headed Republicans (people from his own party!) have come to the rescue. Ohio House Republicans have removed Kasich’s boost in the severance tax rate from the budget. Meaning, it’s dead…
It seems the controversy in Pennsylvania over the Snyder Brothers’ strippers isn’t going to end any time soon. No, not those kinds of strippers, silly! We’re talking about stripper wells, which are defined in PA as wells that produce less than 90 thousand cubic feet (Mcf) for a one month period. Stripper wells are vertical wells that don’t produce nearly as much gas as horizontal shale wells. In 2012 PA passed the Act 13 law that includes a fee on wells targeting shale layers, including the Marcellus. And here’s where it gets a little complicated. Snyder Brothers drills mostly conventional (vertical only) wells. In 2011-2012 they drilled 45 vertical-only wells, but targeting the Marcellus (all of them fracked). Initially those wells produced more than 90 Mcf/month, but by December of the year they were drilled, they produced less than 90 Mcf. The way the 2012 Act 13 law is written, if a well produces less than 90 Mcf/month for “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. The argument back and forth is whether the intent was “any single month” or not as the trigger to exempt a well from paying the fee. Snyder Brothers went to court and in March, they won, exempting those wells from impact fees (see 
There’s some good news and, depending on your perspective, bad news when it comes to severance tax collections from natural gas (and coal) in West Virginia. According to West Virginia Department of Revenue in a report released last week, severance tax collections on oil, gas and coal in the Mountain State exceeded revenue projections by $13 million for the first nine months of the current 2017 fiscal year. The surplus reverses the trend from the previous year when WV lost severance tax money due to the drop in the price of oil and gas. Severance tax revenue, as we’ve pointed out before, floats up and down with the commodity price of oil and gas, unlike impact fee revenues which are much less tied to commodity prices (and one reason why PA drilling flourishes). So WV is seeing higher severance tax revenue–that’s the good news. The “bad” news is that Gov. Jim Justice and the WV Senate plan to cut the severance tax–putting the state back in the position of doing more with less…
Pennsylvania’s Independent Fiscal Office (IFO) provides revenue projections for use in the state budget process along with impartial and timely analysis of fiscal, economic and budgetary issues to assist Commonwealth residents and the General Assembly in their evaluation of policy decisions. It’s only been around since 2010 and in the past we’ve wondered if it’s populated with liberal Democrats that don’t hew to the state mission of being objective in their analysis. However, our confidence in the organization has grown over the past year or so. Recent IPO predictions about Marcellus Shale impact fee revenues have been pretty accurate (see 
On Monday Pennsylvania House Republicans released their version of a state budget, and yesterday (Tuesday) they voted to pass it. Ba-boom! The budget is noteworthy for many reasons. Of prime interest to MDN is that the budget does NOT include PA Gov. Tom Wolf’s insane 6.5% severance tax (see 
We find it kind of amusing. Anti-drillers and Democrats (usually one and the same) in Pennsylvania bellyache and moan and groan that PA is “the only oil and gas state without a severance tax” and how life would be SO much better if only PA had a severance…blah blah blah. They point out that Ohio has a severance tax. West Virginia has a severance tax. EVERYBODY has a severance tax. Of course they conveniently ignore (or lie about) the fact that PA has an impact fee, or an impact tax, if you will. The impact fee levies a charge on new wells for a number a years on a sliding scale. Think of the impact fee like a property tax, and a severance tax like a sales tax on goods sold. The beauty of the impact fee is that 60% of it stays in the communities where drilling actually happens. Impact fee revenue goes to local municipalities to offset the “impacts” of drilling in those communities, money used for things like fire departments, police, roads, etc. An impact fee is superior to a severance tax in many ways. While OH and WV’s severance tax revenue went over a cliff when the price of natural gas went over a cliff, PA’s impact fee was far less affected. But the point of this post is not in the relative merits in the type of taxation. The point is that legislators in Ohio want to reallocate some of their severance tax revenue to be used in communities where Utica drilling happens. That is, they want to convert some of the OH severance tax into, essentially, an impact fee. So while PA bellyaches about having an impact fee and not a severance tax, states (like OH) that actually have a severance tax, would rather have an impact fee!…
Last week MDN published a letter to the editor (Philadelphia Inquirer) from Dennis Davin, Secretary of the Pennsylvania Department of Community and Economic Development (DCED), supporting his boss’ desire for a new, very high Marcellus Shale severance tax (see 
Dennis Davin, Secretary of the Pennsylvania Department of Community and Economic Development (DCED), has been one of the loudest and most credible voices in the disastrous PA Gov. Tom Wolf Administration. Davin has done great work in promoting the Shell ethane cracker and the jobs/economic development it will bring to the state (see 
Statoil, based in Norway, is a big player in the West Virginia Marcellus Shale. Statoil paid property taxes to Brooke, Marshall, Ohio and Wetzel counties (all in WV) in 2015 and later found, during an audit/review, that they had overpaid those counties. They overpaid Brooke by $1.8 million, Ohio by $2.9 million, Wetzel by $1.6 million and Marshall by $342,000 (see 
The Allegheny Institute exists to conduct research, education and advocacy work in a mission to defend taxpayers and businesses against burdensome taxation, inefficiency and intrusiveness of an ever expanding government. That’s a pretty tall order because government–at all levels–is always expanding, like a voracious monster. Think of the Allegheny Institute as a mini version of the Heritage Foundation–focused on Pennsylvania. Last week the Institute published a new policy brief dealing with the latest severance tax proposal by PA Gov. Tom Wolf. This is a think piece–but not overly heavy. It is quite readable (within a few minutes) and delivers food for thought. As the author points out, you can change to a severance tax from an impact fee (i.e. tax), but will you really reap all of the revenue claimed? Politicians like Wolf often gloss over the economics. Currently, the impact fee is levied on drillers. A severance tax, if enacted, would (in many/most cases) be deducted as an expense from royalty checks, placing the burden for the tax on landowners–and lowering their income, which means less in the way of state income tax revenues. The severance tax proposed by Wolf, when considered honestly, is nothing short of a disaster…
As politicians and analysts begin to dig into one of the centerpieces of Pennsylvania Gov. Tom Wolf’s proposed 2017 budget–a 6.5% severance tax on Marcellus/Utica drilling–new details begin to emerge. Like this: Most lease contracts contain a provision that says any taxes paid, including severance taxes, are a post-production expense and deducted from landowner royalties. So if Wolf’s severance tax were to pass, the people paying it will be landowners. That’s $200 million or so coming out of farmers’ pockets. Wolf & co. knew that situation would not earn them any votes, so they include a provision in the budget disallowing severance taxes to be deducted from royalties. Overturning existing contracts is illegal and sure to be challenged in court, but if somehow that provision gets upheld and the tax passes, it’s easy to predict Marcellus drilling will mostly cease. Wolf’s proposed 6.5% severance tax would put the state at, or near the top of, all states in severance tax rates. Some of the biggest drillers in the state have recently leased acreage in other plays and have no problem with shutting down new drilling in the Marcellus, moving on to other plays where the economics make more sense. Let’s assume the tax passes and drillers sue to remove the clause about severance tax deductions not being allowed, and win. Landowners then fund the severance tax out of their pockets (the drillers are the “bad guys” and Wolf says “don’t look at me”). Now let’s assume the tax passes and drillers sue to remove the clause about severance tax deductions and lose. Drillers simply walk away from PA. Either way, the Wolf severance tax proposal is a hot, stinking mess…