HOUSE BILL 353
54th legislature - STATE OF NEW MEXICO - first session, 2019
INTRODUCED BY
James R.J. Strickler and Larry R. Scott and Greg Nibert and Cathrynn N. Brown and Paul C. Bandy
AN ACT
RELATING TO TAXATION; REDUCING TAX RATES ON OIL AND NATURAL GAS REMOVED FROM A STRIPPER WELL IF THE AVERAGE ANNUAL TAXABLE VALUE OF OIL OR NATURAL GAS REACHES CERTAIN AMOUNTS BY AMENDING A SECTION OF THE OIL AND GAS SEVERANCE TAX ACT AND A SECTION OF THE OIL AND GAS EMERGENCY SCHOOL TAX ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 7-29-4 NMSA 1978 (being Laws 1980, Chapter 62, Section 5, as amended) is amended to read:
"7-29-4. OIL AND GAS SEVERANCE TAX IMPOSED--
COLLECTION--INTEREST OWNER'S LIABILITY TO STATE--INDIAN LIABILITY.--
A. There is imposed and shall be collected by the department a tax on all products that are severed and sold, except as provided in Subsection B of this section. The measure of the tax and the rates are:
(1) on natural gas severed and sold, except as provided in Paragraphs (4) and (6) [and (7)] of this subsection, three and three-fourths percent of the taxable value determined pursuant to Section 7-29-4.1 NMSA 1978;
(2) on oil and on other liquid hydrocarbons removed from natural gas at or near the wellhead, except as provided in Paragraphs (3), (5) [(8) and (9)] and (7) of this subsection, three and three-fourths percent of taxable value determined pursuant to Section 7-29-4.1 NMSA 1978;
(3) on oil and on other liquid hydrocarbons removed from natural gas at or near the wellhead produced from a qualified enhanced recovery project, one and seven-eighths percent of the taxable value determined pursuant to Section
7-29-4.1 NMSA 1978; provided that the annual average price of west Texas intermediate crude oil, determined by the department by averaging the posted prices in effect on the last day of each month of the twelve-month period ending on May 31 prior to the fiscal year in which the tax rate is to be imposed, was less than twenty-eight dollars ($28.00) per barrel;
(4) on the natural gas from a well workover project that is certified by the oil conservation division of the energy, minerals and natural resources department in its approval of the well workover project, two and forty-five hundredths percent of the taxable value determined pursuant to Section 7-29-4.1 NMSA 1978; provided that the annual average price of west Texas intermediate crude oil, determined by the department by averaging the posted prices in effect on the last day of each month of the twelve-month period ending on May 31 prior to the fiscal year in which the tax rate is to be imposed, was less than twenty-four dollars ($24.00) per barrel;
(5) on the oil and on other liquid hydrocarbons removed from natural gas at or near the wellhead from a well workover project that is certified by the oil conservation division of the energy, minerals and natural resources department in its approval of the well workover project, two and forty-five hundredths percent of the taxable value determined pursuant to Section 7-29-4.1 NMSA 1978; provided that the annual average price of west Texas intermediate crude oil, determined by the department by averaging the posted prices in effect on the last day of each month of the twelve-month period ending on May 31 prior to the fiscal year in which the tax rate is to be imposed, was less than twenty-four dollars ($24.00) per barrel;
(6) on the natural gas from a stripper well property, one and seven-eighths percent of the taxable value determined pursuant to Section 7-29-4.1 NMSA 1978; provided that the average annual taxable value of natural gas was equal to or less than [one dollar fifteen cents ($1.15)] two dollars ($2.00) per thousand cubic feet in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed;
[(7) on the natural gas from a stripper well property, two and thirteen-sixteenths percent of the taxable value determined pursuant to Section 7-29-4.1 NMSA 1978; provided that the average annual taxable value of natural gas was greater than one dollar fifteen cents ($1.15) per thousand cubic feet but not more than one dollar thirty-five cents ($1.35) per thousand cubic feet in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed;
(8)] (7) on the oil and on other liquid hydrocarbons removed from natural gas at or near the wellhead from a stripper well property, one and seven-eighths percent of the taxable value determined pursuant to Section 7-29-4.1 NMSA 1978; provided that the average annual taxable value of oil was equal to or less than [fifteen dollars ($15.00)] thirty-eight dollars ($38.00) per barrel in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed; and
[(9) on the oil and on other liquid hydrocarbons removed from natural gas at or near the wellhead from a stripper well property, two and thirteen-sixteenths percent of the taxable value determined pursuant to Section
7-29-4.1 NMSA 1978; provided that the average annual taxable value of oil was greater than fifteen dollars ($15.00) per barrel but not more than eighteen dollars ($18.00) per barrel in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed; and
(10)] (8) on carbon dioxide, helium and non-hydrocarbon gases, three and three-fourths percent of the taxable value determined pursuant to Section 7-29-4.1 NMSA 1978.
B. The tax imposed in Subsection A of this section shall not be imposed on:
(1) natural gas severed and sold from a production restoration project during the first ten years of production following the restoration of production; provided that the annual average price of west Texas intermediate crude oil, determined by the department by averaging the posted prices in effect on the last day of each month of the twelve-month period ending on May 31 prior to each fiscal year in which the tax exemption is to be effective, was less than twenty-four dollars ($24.00) per barrel; and
(2) oil and other liquid hydrocarbons removed from natural gas at or near the wellhead from a production restoration project during the first ten years of production following the restoration of production; provided that the annual average price of west Texas intermediate crude oil, determined by the department by averaging the posted prices in effect on the last day of each month of the twelve-month period ending on May 31 prior to each fiscal year in which the tax exemption is to be effective, was less than twenty-four dollars ($24.00) per barrel.
C. Every interest owner shall be liable for the tax to the extent of [his] the interest owner's interest in such products. Any Indian tribe, Indian pueblo or Indian shall be liable for the tax to the extent authorized or permitted by law.
D. The tax imposed by this section may be referred to as the "oil and gas severance tax"."
SECTION 2. Section 7-31-4 NMSA 1978 (being Laws 1959, Chapter 54, Section 4, as amended) is amended to read:
"7-31-4. PRIVILEGE TAX LEVIED--COLLECTED BY DEPARTMENT-- RATE--INTEREST OWNER'S LIABILITY TO STATE--INDIAN LIABILITY.--
A. There is levied and shall be collected by the department a privilege tax on the business of every person severing products in this state. The measure of the tax shall be:
(1) on oil and on oil and other liquid hydrocarbons removed from natural gas at or near the wellhead, except as provided in [Paragraphs] Paragraph (4) [and (5)] of this subsection, three and fifteen hundredths percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978;
(2) on carbon dioxide, helium and non-hydrocarbon gases, three and fifteen hundredths percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978;
(3) on natural gas, except as provided in [Paragraphs (6) and (7)] Paragraph (5) of this subsection, four percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978;
(4) on the oil and on other liquid hydrocarbons removed from natural gas at or near the wellhead from a stripper well property, one and fifty-eight hundredths percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978; provided that the average annual taxable value of oil was equal to or less than [fifteen dollars ($15.00)] thirty-eight dollars ($38.00) per barrel in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed; and
[(5) on the oil and on other liquid hydrocarbons removed from natural gas at or near the wellhead from a stripper well property, two and thirty-six hundredths percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978; provided that the average annual taxable value of oil was greater than fifteen dollars ($15.00) per barrel but not more than eighteen dollars ($18.00) per barrel in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed;
(6)] (5) on the natural gas removed from a stripper well property, two percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978; provided that the average annual taxable value of natural gas was equal to or less than [one dollar fifteen cents ($1.15)] two dollars ($2.00) per thousand cubic feet in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed [and
(7) on the natural gas removed from a stripper well property, three percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978; provided that the average annual taxable value of natural gas was greater than one dollar fifteen cents ($1.15) per thousand cubic feet but not more than one dollar thirty-five cents ($1.35) per thousand cubic feet in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed].
B. Every interest owner, for the purpose of levying this tax, is deemed to be in the business of severing products and is liable for this tax to the extent of [his] the owner's interest in the value of the products or to the extent of [his] the owner's interest as may be measured by the value of the products.
C. Any Indian tribe, Indian pueblo or Indian is liable for this tax to the extent authorized or permitted by law."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.
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