Comparison of House, Senate Severance Tax Plans

October 12, 2010

In late September, the Pennsylvania House of Representatives approved legislation to enact a severance tax on natural gas in the Marcellus Shale. Recently, the details of a state Senate Republican tax plan were made public. The Pennsylvania Budget and Policy Center has put together the following table comparing details of the two plans.

HOUSE PLAN (SB 1155, PN 2232) SENATE REPUBLICAN PLAN (No bill number)
TAX RATE:
  • Thirty-nine (39) cents per thousand cubic feet (MCF) of natural gas (adjusted annually based on 7% of the NYMEX Henry Hub price)
TAX RATE:
  • Fifty mills (5%) on the market value (less deductions) of natural gas severed from an unconventional gas well
EXEMPTIONS FROM TAX:
  • Stripper wells (wells producing 60 MCF per day or less)
  • Gas severed and used by a manufacturer of tangible personal property
  • Gas provided free of charge for consumption of the surface owner
  • Coal bed methane specifically excluded from definition of natural gas
EXEMPTIONS FROM TAX:
  • Stripper wells (wells producing 90 MCF per day or less)
  • Gas severed, sold and delivered at or within five miles of the producing site for the processing or manufacturer of tangible personal property
  • Gas provided free of charge for consumption of the surface owner
  • Gas collected from coal bed methane well
DEDUCTIONS FROM TAX:
  • None
DEDUCTIONS FROM TAX:
  • Costs of dehydrating, treating, compressing and delivering gas to first purchaser may be deducted from the market value of gas subject to tax
TAX RATE CREDITS:
  • None
TAX RATE CREDITS:
  • Credit of 35 mills (3.5%) for gas taken in the first 60 months (5 years) from an unconventional well
  • Credit of 40 mills (4%) for natural gas taken from a marginal well (producing 150 MCF per day or less)
DISTRIBUTION OF TAX:
  • First $75 million to General Fund in 2010-11 to 2012-13, remainder distributed as follows:
  • 40% to General Fund
  • 32% to Environmental Stewardship Fund
  • 16% to Local Government Services Account
  • 12% to other environmental-related programs
DISTRIBUTION OF TAX:
  • Not known
JOB CREATION INCENTIVES:
  • Marcellus Shale Job Creation Tax Credit ($1,000 per job for up to five years - capped at $10 million) applicable against PIT, CNIT, or CSFT liabilities
JOB CREATION INCENTIVES:
  • Not known