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How Marcellus Shale gas came to be tax-exempt in Pa.


How Marcellus Shale gas came to be tax-exempt in Pa.

Desperate for revenue, Gov. Rendell chose not to tax the “gold rush.”

HARRISBURG - All through Pennsylvania's 101-day budget impasse, Gov. Rendell spoke of pain.

A recession-weary state had to tighten its belt. Revenues had to rise - income tax, sales tax, new taxes on whole industries. "We can't get this budget resolved," Rendell said, "without everyone feeling some pain."

But when the budget was finally signed Oct. 9, one industry came away pain-free.

The natural-gas industry's leaders and lobbyists beat back Rendell's proposal to tax gas as it is pulled to the surface from the rich black-rock reservoir known as the Marcellus Shale.

So, as drilling rigs are sprouting in the state's northern tier and southwestern corner, the gas those rigs are extracting still isn't taxed. That makes Pennsylvania unique among the 15 states that produce the most natural gas.

What's more, the industry persuaded Harrisburg to lease more public land to gas drillers - even as the state's budget for environmental protection was being sharply cut.

What happened to Rendell's gas-tax proposal?

He says the industry made good arguments for staving it off. He did not want to slow the "gold rush," as he called it, of jobs and commerce the drillers would bring.

One legislator came away with a more cynical view.

"The same old influential interest groups getting their way," said State Rep. Greg Vitali (D., Delaware). "It was just another day in Harrisburg."

What follows is a closer look at some key moments in the short life of Rendell's proposal to help balance the budget by taxing natural gas.

Tapping "the gold rush." As Rendell prepared his Feb. 4 budget address, a boom was under way. Natural-gas industry representatives were fanning out across the state, securing leases and drilling wells at twice last year's pace.

Rendell, a policy wonk, did his homework. He spoke with Gov. Joe Manchin III of West Virginia, a state that also sits atop the Marcellus Shale and has taxed natural gas for years.

In his budget address, Rendell proposed to tax gas extracted in Pennsylvania.

Rendell said Manchin, a fellow Democrat, had assured him that West Virginia's tax did not "inhibit gas extraction and that it is continuing at a record pace, and it's reaping critically needed revenues so the state can provide services to its citizens."

Rendell's plan matched West Virginia's - a 5 percent tax on the value of natural gas at the wellhead, plus 4.7 cents per 1,000 cubic feet of natural gas extracted.

By Rendell's estimates, such a tax could raise $107 million for Pennsylvania in its first year, helping fill a billion-dollar budget gap.

In a recent interview, Manchin described what he said to Rendell months ago.

"The Marcellus Shale is a tremendous producer. A severance tax will not deter" the drillers, Manchin said. "Believe me, if we didn't have the gas, they wouldn't be here."

Manchin said he had faced industry complaints in 2005 when he proposed to expand the tax, with some companies threatening to leave.

He offered to have the state buy up their leases "so you don't lose one penny." No one took him up on his offer.

Skin in the game. By spring, Rendell's tax proposal was the talk of the industry. In a June 1 panel discussion held by a New York investment firm, four executives spoke of what might happen next in Pennsylvania.

They talked of the Marcellus "play" - industry parlance for a focused drilling campaign. Rich Weber, president and chief operating officer of Atlas Energy Resources of Pittsburgh, pooh-poohed Rendell's tax proposal.

"I think the shot over the bow from the governor was just that. He wanted to spark discussion," Weber said, according to a published transcript. "I think the legislature is going to kill it for this year. It may be inevitable down the road but who knows."

Jim Fraser, senior vice president of Talisman Energy Inc. in Calgary, Alberta, did some math. "We have encouraged the state to lease some more of that land," he said, adding that his "back of an envelope" figures showed the state could raise more money by leasing land to drillers than by taxing the gas.

Chad Stephens, senior vice president of Range Resources Corp. of Texas, weighed the pros and cons.

"Maybe at some point in the far-out future if they introduce a severance tax, once the play gets some legs, that's a different story," he said. "But if they do implement the tax, at least the government will have some skin in the game." State officials might become "more cooperative and try to help the play along."

Murry S. Gerber, chairman and chief executive officer of EQT Corp., spoke next.

"Chad said it right. Skin in the game," Gerber said. "The local governments need to get some of this money back. I mean, we are on their roads."

But the state had to be flexible, he said. "If it's all take and no give . . . we should just say no as long as we can."

The meeting. Four days later, Gerber sat with his aides and state officials in his company's sixth-floor conference room in Pittsburgh. His guests included Rendell.

Gerber knew the governor well. He'd donated $30,000 to Rendell's 2006 reelection fund, records show. Last October, Rendell went to Pittsburgh with a check of his own - $2.8 million in state grants and tax credits to help Gerber's company expand operations and add 354 jobs.

Gerber requested the June 5 meeting. He hoped to convince Rendell that the state should consider all the various natural-gas issues - wastewater treatment, leasing royalties - and not just a tax, said Kevin West, managing director of external affairs and one of four EQT executives at the meeting.

Gerber did most of the talking. Rendell asked questions. "You could see the governor turning a little bit" to Gerber's pitch, West said last week.

Rendell did not say he would abandon the tax. At the meeting's end, he said he would create a task force of stakeholders - legislators, environmental officials, industry executives - to examine Marcellus Shale issues.

"We were very pleased with that," said West. "We felt he adopted our position."

The study. As the summer rolled on and the budget impasse deepened, the industry made its case in Harrisburg, spending more than $1 million to lobby legislators in the first half of the year alone, state reports showed.

Foes of the gas tax began citing a Pennsylvania State University study, "An Emerging Giant: Prospects and Economic Impacts of Developing the Marcellus Shale Natural Gas Play."

The study said the tax would backfire.

Marcellus Shale drilling in Pennsylvania was in "the takeoff phase," the study said. It concluded that a severance tax would decrease revenue by reducing drilling and slowing job growth.

Without the tax, the study said, the Marcellus reserve could become a bonanza for the state "if pro-growth policies are pursued that unleash the entrepreneurial spirit."

The study's primary author, Robert Watson, said Friday that the shale contains enough gas to make Pennsylvania "an OPEC nation."

Watson, an emeritus professor of petroleum and natural-gas engineering, also acknowledged that the industry had funded the study.

The Marcellus Shale Committee, a group of more than 50 natural-gas and drilling companies, commissioned the study and paid Penn State about $100,000 for it, he said.

But one version of the study that circulated in Harrisburg did not mention the funding source. Subsequent copies did. Watson said the omission had been simply a mistake made in his rush to publish.

Pennsylvania's environmental community lashed out at the study as a tool of a deep-pocketed industry. Even the state's top conservation official questioned its findings.

At a Marcellus Shale seminar in August, the acting secretary of conservation and natural resources, John Quigley, rose to introduce Watson. Quigley also told the audience - a citizens' advisory panel on environmental policy - that Watson's study was unsubstantiated by facts.

That prompted Watson to stand up and yell, twice, "That's bull-."

Quigley remembers the meeting. "I pointed out that the study was paid for by the industry, and that any suggestion that a severance tax would strangle the infant industry in its crib strains credulity," he said Friday.

Watson stands by his findings. "The procedure we used was scientific," he said. "We would have come up with the same answers regardless of who paid for it."

The surprise. Until August, there was no change in Rendell's public stance. He wanted the tax.

But in a briefing for reporters Aug. 31, the governor said, "It won't be in the mix this year."

Rendell said industry executives had convinced him that imposing a tax now would stunt drilling. Also, he said a drop in the price of natural gas made the tax impractical. And Senate Republicans were so opposed to the tax that it would not pass.

It would have to wait until next year, Rendell said.

"We felt we should let the industry get off to a good start," he said, "and that surpasses our need for money."

His change of position was news to many - including Steve Crawford, Rendell's chief of staff. "The governor's press conferences are always newsworthy," Crawford said last week, "and sometimes they are even newsworthy to those of us closest to him."

His switch also surprised his party's lea   ders in the legislature, who made a last-ditch effort to revive the tax before the budget was signed.

Rendell declined requests for an interview for this article, but he authorized aides to describe several meetings he had with industry officials.

Gary Tuma, Rendell's press secretary, said the governor had changed his mind on the tax in July, but had not told aides at that time.

As for the Marcellus Shale task force that Rendell told Gerber he'd create: The governor abandoned the idea because he'd decided to nix the tax for this year, Tuma said.

The tax fight is over for now. But the industry is still stockpiling resources for future contact with Pennsylvania officeholders.

Range Resources, the Texas driller, recently hired away a top Rendell aide to be its vice president for government relations and regulatory affairs. K. Scott Roy had been Rendell's executive deputy chief of staff and his liaison to the natural-gas industry and environmental groups.

Range Resources also hosted a luncheon this month near Pittsburgh for legislators from both parties. After sandwiches, the dozen legislators toured a drilling site.

Among those at the lunch was State Rep. Timothy J. Solobay (D., Washington), an unabashed natural-gas cheerleader. He's seen drillers transform his district. Steamfitters and welders are getting work. Job-training and truck-driving classes are full.

Natural gas "is the new steel," said Solobay. "They all told me is that severance [tax] is coming," he said of industry executives. "They are only asking for a couple of years to get the infrastructure in place."

State Sen. Jake Corman (R., Centre) has seen drill rigs rising in his district, too. Eventually, Corman said, a tax could help towns defray the related costs. "I think a day will come when there's a severance tax," he said. "I just didn't think that day was today."

Others are less sanguine. "This was the best time to do it," State Rep. David K. Levdansky (D., Allegheny) said of the tax. Next year, he said, "the industry will just dig in their heels even harder in hopes that a Republican governor more sympathetic to their cause wins election."

In June, Range Resources launched a political action committee in Pennsylvania. Nine executives put in a total of $49,500. The PAC's first donation, for $5,000, went to a Republican campaign fund begun by state Attorney General Tom Corbett.

He's running for governor next year.


The investment bank RBC Capital Markets invited institutional investors and corporate executives to a conference on global energy in June. A transcript of the event shows several industry executives discussing, among other issues, Gov. Rendell's February proposal to tax natural-gas extraction. To read the transcript, go to http://go.philly.com/marcellus2


Contact staff writer Mario F. Cattabiani at 717-787-5990 or mcattabiani@phillynews.com.

Inquirer staff writers Larry King and Joseph Tanfani contributed to this article.

 

Comments   
Posted 06:21 AM, 10/25/2009
cosrivron2
How about PA contracts its' own drillers to tap into State lands. Havn't we all heard Fast Eddie say competition is good? Then he can get his union goons all the work they want, plus all the taxes he wants, plus no-show jobs for all his supporters' kids, baby daddies and play cousins.
Posted 07:00 AM, 10/25/2009
bobguzzardi
All natural gas drillers pay corporate net income tax and other state and federal taxes. This is an additional tax on energy. Affordable energy benefits not only the home heating residential user but also the productive business which employs people and produces real world goods and services. Affordable energy is key to higher standard of living and productive work. Taxes reduce economic growth.
Posted 08:32 AM, 10/25/2009
rfadelman
But isn't a tax-FREE contract overly generous to the industry? After all, someone has to take up the deficit caused by this gift. It seems as though a rise in sales tax or income tax--or a budget deficit--is the result. Can't the company afford the tax? Why do they need to slough it off on the local people who are working for them and providing their roads and infrastructure. The tax didn't hurt the Virginia play. If the drilling will make PA an OPEC nation, will the Texas companies be the wealthy sheiks and the PA workers the exploited foreign workers?
Posted 08:57 AM, 10/25/2009
Smokey
Fast Eddie would rather lay off 300 workers than tax the new pay-to-play industry in PA.
Posted 09:50 AM, 10/25/2009
kennethkahn
Pennsylvanians are suffering from a severe case of Rendell fatigue. What a pleasure it will be next year to see someone...anyone...voted in to take his place. He was a great mayor, but what a failed governor!
Posted 09:55 AM, 10/25/2009
bobcitydoc
Hmm, will Rendell be the next former PA government official to take employment with one of these companies when his term is up?
Posted 10:12 AM, 10/25/2009
Economics
Doesn't anyone understand. They are making more in taxes from associatied jobs than from taxing the gas. They are still making money that they woulnd't be making becuase of all the new gas related jobs. It's how you compete against other states. People always want LOWER TAXES well here's the state doing that to help you by growing a new industry with new jobs. We grew from industries that are now dead. This is a new one. Do you all with to lose again to another state?
Posted 10:16 AM, 10/25/2009
SBL Hostage
Most corrupt gov. in history. This guy makes Fumo look like a saint.
Posted 10:44 AM, 10/25/2009
Shabba Rommel
What people fail to realize is the tax deferance equals jobs in PA. Funny how PA is surviving the recession compared to some states. Instead of complaining about who is or isnt taxed, pehaps people should be concerned with how much the state's budget is which ultimatly leads to higher taxes for the rest of us.
Posted 11:44 AM, 10/25/2009
Fitzy31
We had the NG industry by the short & curlies and then just gave up. Great job, Slick Eddie!!
Posted 12:24 PM, 10/25/2009
jze
hey "Economics" - "Do you all want] to lose again to another state?-- What - is the GAS going to jump up and move to another State?? the only state we are "losing to" is NJ- they are ahead in State legislature corruption - but Pa is closing fast!
Posted 03:07 PM, 10/25/2009
comin4ya23
Corporate America 1, Taxpaying citizens 0. Thanks for playing.
Posted 01:09 AM, 10/26/2009
freedomrider
If the Marcellus Shale deposit is a state national resource, how can a governor be allowed to just give the states property away to a private company or industry? What does the citizen get out of that? Don’t tell me jobs would be a bi-product and therefore the state would raise taxes from the jobs created by the industry. The jobs would be there weather there was a tax or not. The governor or even the state legislature doesn’t have the right to make an arbitrary decision like that, without first asking the people. Does the governor and the state lawmakers have the right to just give away the states natural resources away, without first consulting the people? Can they just give a mountain away, a state park, or a river?
Posted 08:34 AM, 10/26/2009
Ken K
Wilson Goode would have made a better governor than this clown.
Posted 09:15 AM, 10/26/2009
Unsubsidized energy
Two important and overlooked points in this story: the revenue estimates projected initially by the guv were with gas prices at sky high rates. When they tumbled like they did, so did the amount of revenue that would be raised. The bill in the House also excluded small producers and gave nearly half to a bunch of other programs to appease all the enviros, further reducing what would go to reduce the budget gap. Second issue is the lack of parity with other "extractive" industries, like coal, limestone, gravel and timber. How can you just single out natural gas, like this proposal did, and ignore those others.
Posted 02:49 PM, 10/26/2009
freedomrider
In reply to UNSUBSIDIZED ENERGY, do you know what we call that in South Philadelphia? BULLS$$T! Just Rendell lives in the governor’s mansion; it doesn’t give him the right give the building away to a real-estate company. The mansion belongs to the people of Pennsylvania. This was clearly not in the best interests of the Pa citizens. The state of Pa should go into the natural gas business for itself, and hire drillers to harvest the gas for the state. Don’t tell us the state isn’t allowed to go into business for itself. The state already does that when it sells whiskey and wine in the state stores to raise revenue for the state. A precedent has already been set by that policy. The natural gas should be sold on the open market, for the best price, on behalf of the citizens of Pa.
Posted 03:14 PM, 10/26/2009
freedomrider
Governor Ed Rendell has sold his office to the highest bidder. He’s disgraced the office that he now holds and to the state of Pa. He should be impeached, tried, convicted and sent to prison for a long, long time. He should be treated no differently than other corrupt governors in this country. It’s time we stopped pussyfooting around with corrupt politicians and clean house.
Posted 04:34 PM, 10/26/2009
Tom M.
How is "without everyone feeling some pain."? Certainly not the parasites who vote Democrat and pay NOTHING while receiving 10's of thousands in "benefits"(or as they like to call it in the city..."crazy checks"). The only pain they feel is when they wake up at noon with another hangover.
Posted 04:53 PM, 10/26/2009
Falls Ed
Taxes on natural resources should be a matter of economics; not politics. But as long as we are subject to the 2-party system, it will always be politics. Only the brand changes: Dem. brand or Rep. brand.
Posted 05:11 PM, 10/26/2009
cityguyusa
The is exactly why the industry should not have been deregulated. Taxing the extraction in a regulated industry would allow us to help contain the cost to consumers. In a deregulated industry each side will just keep upping the ante resulting in a no win situation for consumers.
Posted 05:20 PM, 10/26/2009
Falls Ed
Hello. Where's my post?
Posted 05:27 PM, 10/26/2009
cityguyusa
To those of you suggesting our legislators don't have the authority to allocate PA natural resources without going to the people-they do! That's the very reason we elect them; to make decisions on our behalf.
Posted 11:50 AM, 10/27/2009
MikeP
This is nothing more than out of state companies coming into PA and ripping us off. These companies use our roads, bridges, and other infastructure. They also will cause environmental damage and they need to be regulated. Why should PA taxpayers have to pay for all of that? A few average paying jobs and these companies get access to taxpayer owned gas reserves? Did Alaska lose the oil industry when they added taxes? They could have very easily added a tax that would go into effect next year or two years from now. I think it's been delayed as politicians figure out how they'll get their kickbacks.
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