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Independent	Fiscal	Of ice						February	2016 	 	 	 									1	
Research	Brief	2016‐1																																																																																																									February	2016 
Impact Fee Update
In	 June	 2015,	 the	 Independent	 Fiscal	 Of ice	 (IFO)	
issued	 Research	 Brief	 2015‐3,	 which	 reported	
unconventional	 gas	 well	 impact	 fee	 collections	 for	
calendar	 year	 (CY)	 2014	 along	 with	 three	 potential	
scenarios	 for	 CY	 2015	 collections	 (to	 be	 remitted	 in	
April	 2016).	 This	 research	 brief	 uses	 recent	 data	
published	 by	 the	 Department	 of	 Environmental	
Protection	 to	 project	 CY	 2015	 collections.1	 The	
research	 brief	 also	 translates	 the	 impact	 fee	 into	 an	
annual	 average	 effective	 tax	 rate	 (ETR)	 based	 on	
recent	natural	gas	price	and	production	data.	The	ETR	
is	 a	 metric	 that	 quanti ies	 the	 implicit	 tax	 burden	
imposed	by	the	impact	fee	in	a	given	year.	
Since	 2012,	 Pennsylvania	 has	 imposed	 an	 annual	
impact	 fee	 on	 unconventional	 natural	 gas	 wells	 that	
were	 drilled	 or	 operating	 in	 the	 previous	 calendar	
year.	 To	 date,	 the	 impact	 fee	 has	 generated	
approximately	$856	million	in	revenues,	which	were	
distributed	to	local	governments	and	state	agencies	to	
offset	 the	 impact	 from	 unconventional	 natural	 gas	
extraction.	 The	 proceeds	 are	 used	 to	 provide	 for	
infrastructure,	 emergency	 services,	 environmental	
initiatives	and	various	other	programs.	(See	Table	1.)	
The	annual	impact	fee	for	an	unconventional	natural	
gas	 well	 is	 determined	 according	 to	 a	 bracketed	
schedule,	based	on	the	number	of	years	since	a	well	
became	subject	to	the	impact	fee	(operating	year),	the	
type	of	well	(horizontal	or	vertical)	and,	to	a	limited	
extent,	the	average	annual	price	of	natural	gas.2	Wells	
that	 produce	 less	 than	 90	 Mcf	 (thousand	 cubic	 feet)	
per	 day	 on	 average	 are	 known	 as	 “stripper	 wells.”	
Horizontal	 wells	 in	 operating	 years	 four	 or	 greater	
qualify	 for	 exemption	 from	 the	 impact	 fee	 if	 their	
production	 does	 not	 exceed	 the	 stripper	 well	
Table	1:	Impact	Fee	Revenues	and	Distributions	
		 2012	 2013	 2014	 2015	
		Total	Revenues	 $202,472	 $225,752	 $223,500	 $185,500	
Counties,	Municipalities	and	HARE	Fund1	 107,683	 123,151	 123,300	 100,500	
Marcellus	Legacy	Fund	 79,289	 84,601	 82,200	 67,000	
Commonwealth	Agencies	 10,500	 10,500	 10,500	 10,500	
Conservation	Districts/Commission	 5,000	 7,500	 7,500	 7,500	
Note:	Dollar	amounts	in	thousands.	
Source:	Pennsylvania	Public	Utility	Commission.	CY	2015	estimates	by	the	Independent	Fiscal	Of ice.	
1	Housing	Affordability	and	Rehabilitation	Enhancement	Fund.	
	
2011	
$204,210	
108,726	
82,484	
10,500	
2,500	
threshold.	 Vertical	 wells	 that	 produce	 below	 the	
threshold	also	are	exempt	from	the	fee,	as	well	as	all	
plugged	wells	after	remitting	the	fee	in	the	first	year.		
The	projected	amount	of	the	impact	fee	for	CY	2015	is	
$185.5	million,	which	is	$38.0	million	lower	than	the	
amount	 collected	 for	 the	 prior	 year.	 This	 projection	
generally	 corresponds	 to	 the	 “Current	 Trends”	
scenario	 outlined	 in	 the	 June	 2015	 research	 brief	
(2015‐3).	 Table	 2	 on	 the	 next	 page	 details	 the	 well	
count,	 fee	 schedule	 and	 projected	 collections	 by	
operating	year.1	The	primary	reasons	for	the	projected	
decline	in	collections	are	as	follows:	
 Lower	fee	schedule.	The	2015	impact	fee	schedule	
will	 decrease	 by	 $5,000	 per	 well	 for	 wells	 in	
operating	years	one,	two,	four	and	five.	This	is	the	
result	of	the	annual	average	price	of	natural	gas	on	
the	New	York	Mercantile	Exchange	($2.66)	moving	
below	the	$3.00	per	 MMbtu	 threshold.2	Estimated	
impact:	‐$32.7	million.	
 Fewer	new	wells.	Wells	pay	the	highest	impact	fee	
for	 their	 first	 operating	 year.	 The	 estimated	 785	
wells	spud	in	2015	represent	a	42.9	percent	decline	
compared	 	 to	 the	 	 prior	 year.	 	 Estimated	 	 impact:						
‐$25.3	million.	
 All	other.	Includes	the	net	effect	of:	 (1)	additional	
collections	 from	 more	 wells	 becoming	 subject	 to	
the	impact	fee	(new	wells	less	new	stripper	wells);	
and	(2)	reduced	fees	from	existing	wells	as	they	age	
and	 migrate	 down	 the	 fee	 schedule.	 For	 example,	
the	 per‐well	 impact	 fee	 decreases	 by	 $10,100	 for	
operating	year	two,	$5,000	for	operating	year	three	
and	$15,100	for	operating	year	four.	Estimated	net	
impact:	+$20.0	million.
Independent	Fiscal	Of ice						February	2016 	 	 									 									2	
 
 
The	impact	fee	does	not	directly	respond	to	the	price	
of	natural	gas	or	the	volume	of	production,	and	it	does	
not	 provide	 a	 measure	 of	 tax	 burden	 relative	 to	
natural	gas	sales.	For	the	latter	purpose,	this	research	
brief	 computes	 an	 annual	 average	 ETR.	 The	 ETR	 is	
equal	 to	 the	 annual	 impact	 fee	 revenues	 divided	 by	
the	total	market	value	of	unconventional	natural	gas	
production.	 The	market	value	is	equal	to	the	product	
of	(1)	the	annual	average	regional	price	of	natural	gas	
net	 of	 post‐production	 costs	 and	 (2)	 the	 total	
production	 of	 all	 unconventional	 wells.3,4	 The	 ETR	
represents	an	average	for	all	wells	in	operation	during	
the	year.5	
	
For	2015,	the	ETR	is	estimated	to	be	5.5	percent,	an	
increase	 of	 3.4	 percentage	 points	 from	 2014.	 The	
annual	 ETR	 for	 2011	 to	 2014	 declined	 in	 each	
successive	year.	(See	Table	3.)	The	main	cause	of	that	
trend	 was	 the	 dramatic	 increase	 in	 production	 over	
the	time	period.	The	2015	increase	is	predominantly	
motivated	 by	 the	 sharp	 decline	 of	 natural	 gas	 prices	
(54.2	 percent	 prior	 to	 the	 deduction	 of	 post‐
production	costs).		
	
	
Endnotes	
1.	 Data	 collected	 from	 Pennsylvania	 Department	 of	
Environmental	 Protection’s	 oil	 and	 gas	 production	 reports	
from	 2011	 to	 2015	 (last	 accessed	 February	 16,	 2016)	 and	
spud	well	reports	(last	accessed	February	10,	2016).		
2.	 Pursuant	 to	 58	 Pa.C.S.	 §§	 2301	 et	seq.,	 the	 average	 annual	
price	 is	 the	 annual	 average	 of	 the	 settled	 prices	 for	 near‐
month	contracts	on	the	New	York	Mercantile	Exchange.	The	
fee	 schedule	 is	 adjusted	 downward	 if	 the	 price	 of	 gas	 falls	
between	 $2.25	 and	 $2.99,	 and	 downward	 again	 if	 it	 falls	
below	$2.25.	See	46	Pa.B.	632	for	the	published	fee	schedule.	
3.	 The	price	used	for	this	calculation	is	the	average	Dominion	
South	spot	price		for	the	calendar	year,	converted	to	dollars	
per	thousand	cubic	feet	($1.56	for	2015)	using	Pennsylvania‐
speci ic	 heat	 content,	 net	 of	 post‐production	 costs	 ($0.82).	
Prices	 are	 from	 BENTEK	 Energy.	 Post‐production	 cost	
estimates	 are	 based	 on	 a	 Range	 Resources	 investor	
presentation	from	January	6,	2016,	adjusted	for	wet	and	dry	
gas	production.		
4.	 Total	 production	 was	 obtained	 by	 an	 IFO	 analysis	 of	 DEP	
production	reports	(see	note	1).	
5.	 An	alternative	to	the	annual	average	ETR	is	the	lifetime	ETR,	
which	is	the	average	tax	burden	over	the	lifetime	of	a	single	
new	 well;	 this	 measure	 is	 best	 used	 to	 quantify	 the	
prospective	tax	burden	on	new	wells	across	states.	(See	the	
IFO’s	 previous	 publication,	 Effective	Tax	Rate	Comparisons	‐	
Severance	Taxes,	for	a	further	description	of	the	lifetime	ETR	
concept.)	
Table	2:	Well	Count	and	Estimated	Collections	for	2015 
Number	of	 Number	of	 Number	of	Wells	 Fee	 Estimated	
Wells2	 Exempt	Wells3	 Subject	to	Fee	 Amount4	 Collections	
1	 785	 ‐	 785	 $45,300	 $35,500,000	
2	 1,374	 5	 1,369	 35,200	 47,800,000	
3	 1,216	 13	 1,203	 30,200	 35,900,000	
4	 1,352	 288	 1,064	 15,100	 15,800,000	
5	 4,887	 1,436	 3,451	 15,100	 50,500,000	
Total	 9,614	 1,742	 7,872	 n.a.	 185,500,000	
			1	Wells	spud	before	2011	are	considered	to	have	been	spud	in	2011	(operating	year	5)	for	the	purposes	of	the	impact	fee.	
			2	Represents	the	number	of	wells	that	have	been	spud,	including	both	horizontal	and	vertical	wells.	
			3	Includes	wells	qualifying	as	“stripper	wells,”	and	those	designated	as	shut	in,	plugged,	and	spud	but	not	completed.	
			4	Represents	the	fee	for	horizontal	wells.	Vertical	wells	are	subject	to	20	percent	of	the	fee	levied	on	horizontal	wells.	
Operating	
Year1 
Table	3:	Impact	Fee	Annual	Effective	Tax	Rates 
Calendar	Year	
Impact	Fee	 Unconventional	 Price	of	 Market	
Revenues	 Production	(MMcf)	 Gas	($/Mcf)1	 Value2	
2011	 $204,210	 1,064,000	 $3.60	 $3,830,400	
2012	 		202,472	 2,042,700	 2.14	 4,371,400	
2013	 		225,752	 3,102,900	 2.89	 8,967,400	
2014	 		223,500	 4,070,700	 2.60	 10,583,800	
	 Note:	Dollar	amounts	in	thousands.		MMcf	is	million	cubic	feet.	
	 1	Net	of	post‐production	costs.	
	 2	Does	not	include	natural	gas	liquids	(condensate).	
Annual	
ETR	
				5.3%	
4.6	
2.5	
2.1	
2015	 		185,500	 4,581,100	 0.74	 3,390,000	 5.5

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Independent Fiscal Office - 2016 Impact Fee Update

  • 1. Independent Fiscal Of ice February 2016 1 Research Brief 2016‐1 February 2016  Impact Fee Update In June 2015, the Independent Fiscal Of ice (IFO) issued Research Brief 2015‐3, which reported unconventional gas well impact fee collections for calendar year (CY) 2014 along with three potential scenarios for CY 2015 collections (to be remitted in April 2016). This research brief uses recent data published by the Department of Environmental Protection to project CY 2015 collections.1 The research brief also translates the impact fee into an annual average effective tax rate (ETR) based on recent natural gas price and production data. The ETR is a metric that quanti ies the implicit tax burden imposed by the impact fee in a given year. Since 2012, Pennsylvania has imposed an annual impact fee on unconventional natural gas wells that were drilled or operating in the previous calendar year. To date, the impact fee has generated approximately $856 million in revenues, which were distributed to local governments and state agencies to offset the impact from unconventional natural gas extraction. The proceeds are used to provide for infrastructure, emergency services, environmental initiatives and various other programs. (See Table 1.) The annual impact fee for an unconventional natural gas well is determined according to a bracketed schedule, based on the number of years since a well became subject to the impact fee (operating year), the type of well (horizontal or vertical) and, to a limited extent, the average annual price of natural gas.2 Wells that produce less than 90 Mcf (thousand cubic feet) per day on average are known as “stripper wells.” Horizontal wells in operating years four or greater qualify for exemption from the impact fee if their production does not exceed the stripper well Table 1: Impact Fee Revenues and Distributions 2012 2013 2014 2015 Total Revenues $202,472 $225,752 $223,500 $185,500 Counties, Municipalities and HARE Fund1 107,683 123,151 123,300 100,500 Marcellus Legacy Fund 79,289 84,601 82,200 67,000 Commonwealth Agencies 10,500 10,500 10,500 10,500 Conservation Districts/Commission 5,000 7,500 7,500 7,500 Note: Dollar amounts in thousands. Source: Pennsylvania Public Utility Commission. CY 2015 estimates by the Independent Fiscal Of ice. 1 Housing Affordability and Rehabilitation Enhancement Fund. 2011 $204,210 108,726 82,484 10,500 2,500 threshold. Vertical wells that produce below the threshold also are exempt from the fee, as well as all plugged wells after remitting the fee in the first year. The projected amount of the impact fee for CY 2015 is $185.5 million, which is $38.0 million lower than the amount collected for the prior year. This projection generally corresponds to the “Current Trends” scenario outlined in the June 2015 research brief (2015‐3). Table 2 on the next page details the well count, fee schedule and projected collections by operating year.1 The primary reasons for the projected decline in collections are as follows:  Lower fee schedule. The 2015 impact fee schedule will decrease by $5,000 per well for wells in operating years one, two, four and five. This is the result of the annual average price of natural gas on the New York Mercantile Exchange ($2.66) moving below the $3.00 per MMbtu threshold.2 Estimated impact: ‐$32.7 million.  Fewer new wells. Wells pay the highest impact fee for their first operating year. The estimated 785 wells spud in 2015 represent a 42.9 percent decline compared to the prior year. Estimated impact: ‐$25.3 million.  All other. Includes the net effect of: (1) additional collections from more wells becoming subject to the impact fee (new wells less new stripper wells); and (2) reduced fees from existing wells as they age and migrate down the fee schedule. For example, the per‐well impact fee decreases by $10,100 for operating year two, $5,000 for operating year three and $15,100 for operating year four. Estimated net impact: +$20.0 million.
  • 2. Independent Fiscal Of ice February 2016 2     The impact fee does not directly respond to the price of natural gas or the volume of production, and it does not provide a measure of tax burden relative to natural gas sales. For the latter purpose, this research brief computes an annual average ETR. The ETR is equal to the annual impact fee revenues divided by the total market value of unconventional natural gas production. The market value is equal to the product of (1) the annual average regional price of natural gas net of post‐production costs and (2) the total production of all unconventional wells.3,4 The ETR represents an average for all wells in operation during the year.5 For 2015, the ETR is estimated to be 5.5 percent, an increase of 3.4 percentage points from 2014. The annual ETR for 2011 to 2014 declined in each successive year. (See Table 3.) The main cause of that trend was the dramatic increase in production over the time period. The 2015 increase is predominantly motivated by the sharp decline of natural gas prices (54.2 percent prior to the deduction of post‐ production costs). Endnotes 1. Data collected from Pennsylvania Department of Environmental Protection’s oil and gas production reports from 2011 to 2015 (last accessed February 16, 2016) and spud well reports (last accessed February 10, 2016). 2. Pursuant to 58 Pa.C.S. §§ 2301 et seq., the average annual price is the annual average of the settled prices for near‐ month contracts on the New York Mercantile Exchange. The fee schedule is adjusted downward if the price of gas falls between $2.25 and $2.99, and downward again if it falls below $2.25. See 46 Pa.B. 632 for the published fee schedule. 3. The price used for this calculation is the average Dominion South spot price for the calendar year, converted to dollars per thousand cubic feet ($1.56 for 2015) using Pennsylvania‐ speci ic heat content, net of post‐production costs ($0.82). Prices are from BENTEK Energy. Post‐production cost estimates are based on a Range Resources investor presentation from January 6, 2016, adjusted for wet and dry gas production. 4. Total production was obtained by an IFO analysis of DEP production reports (see note 1). 5. An alternative to the annual average ETR is the lifetime ETR, which is the average tax burden over the lifetime of a single new well; this measure is best used to quantify the prospective tax burden on new wells across states. (See the IFO’s previous publication, Effective Tax Rate Comparisons ‐ Severance Taxes, for a further description of the lifetime ETR concept.) Table 2: Well Count and Estimated Collections for 2015  Number of Number of Number of Wells Fee Estimated Wells2 Exempt Wells3 Subject to Fee Amount4 Collections 1 785 ‐ 785 $45,300 $35,500,000 2 1,374 5 1,369 35,200 47,800,000 3 1,216 13 1,203 30,200 35,900,000 4 1,352 288 1,064 15,100 15,800,000 5 4,887 1,436 3,451 15,100 50,500,000 Total 9,614 1,742 7,872 n.a. 185,500,000 1 Wells spud before 2011 are considered to have been spud in 2011 (operating year 5) for the purposes of the impact fee. 2 Represents the number of wells that have been spud, including both horizontal and vertical wells. 3 Includes wells qualifying as “stripper wells,” and those designated as shut in, plugged, and spud but not completed. 4 Represents the fee for horizontal wells. Vertical wells are subject to 20 percent of the fee levied on horizontal wells. Operating Year1  Table 3: Impact Fee Annual Effective Tax Rates  Calendar Year Impact Fee Unconventional Price of Market Revenues Production (MMcf) Gas ($/Mcf)1 Value2 2011 $204,210 1,064,000 $3.60 $3,830,400 2012 202,472 2,042,700 2.14 4,371,400 2013 225,752 3,102,900 2.89 8,967,400 2014 223,500 4,070,700 2.60 10,583,800 Note: Dollar amounts in thousands. MMcf is million cubic feet. 1 Net of post‐production costs. 2 Does not include natural gas liquids (condensate). Annual ETR 5.3% 4.6 2.5 2.1 2015 185,500 4,581,100 0.74 3,390,000 5.5