As Amended by House Committee
         
Session of 2000
         
HOUSE BILL No. 2721
         
By Committee on Taxation
         
1-26
         

11             AN  ACT relating to oil and gas severance taxation; concerning the ex-
12             emption for incremental production resulting from production en-
13             hancement projects; amending K.S.A. 1999 Supp. 79-4217 and re-
14             pealing the existing section.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 1999 Supp. 79-4217 is hereby amended to read as
18       follows: 79-4217. (a) There is hereby imposed an excise tax upon the
19       severance and production of coal, oil or gas from the earth or water in
20       this state for sale, transport, storage, profit or commercial use, subject to
21       the following provisions of this section. Such tax shall be borne ratably by
22       all persons within the term ``producer'' as such term is defined in K.S.A.
23       79-4216, and amendments thereto, in proportion to their respective ben-
24       eficial interest in the coal, oil or gas severed. Such tax shall be applied
25       equally to all portions of the gross value of each barrel of oil severed and
26       subject to such tax and to the gross value of the gas severed and subject
27       to such tax. The rate of such tax shall be 8% of the gross value of all oil
28       or gas severed from the earth or water in this state and subject to the tax
29       imposed under this act. The rate of such tax with respect to coal shall be
30       $1 per ton. For the purposes of the tax imposed hereunder the amount
31       of oil or gas produced shall be measured or determined: (1) In the case
32       of oil, by tank tables compiled to show 100% of the full capacity of tanks
33       without deduction for overage or losses in handling; allowance for any
34       reasonable and bona fide deduction for basic sediment and water, and
35       for correction of temperature to 60 degrees Fahrenheit will be allowed;
36       and if the amount of oil severed has been measured or determined by
37       tank tables compiled to show less than 100% of the full capacity of tanks,
38       such amount shall be raised to a basis of 100% for the purpose of the tax
39       imposed by this act; and (2) in the case of gas, by meter readings showing
40       100% of the full volume expressed in cubic feet at a standard base and
41       flowing temperature of 60 degrees Fahrenheit, and at the absolute pres-
42       sure at which the gas is sold and purchased; correction to be made for
43       pressure according to Boyle's law, and used for specific gravity according


2

  1       to the gravity at which the gas is sold and purchased, or if not so specified,
  2       according to the test made by the balance method.
  3             (b) The following shall be exempt from the tax imposed under this
  4       section:
  5             (1) The severance and production of gas which is: (A) Injected into
  6       the earth for the purpose of lifting oil, recycling or repressuring; (B) used
  7       for fuel in connection with the operation and development for, or pro-
  8       duction of, oil or gas in the lease or production unit where severed; (C)
  9       lawfully vented or flared; (D) severed from a well having an average daily
10       production during a calendar month having a gross value of not more
11       than $87 per day, which well has not been significantly curtailed by reason
12       of mechanical failure or other disruption of production; in the event that
13       the production of gas from more than one well is gauged by a common
14       meter, eligibility for exemption hereunder shall be determined by com-
15       puting the gross value of the average daily combined production from all
16       such wells and dividing the same by the number of wells gauged by such
17       meter; (E) inadvertently lost on the lease or production unit by reason of
18       leaks, blowouts or other accidental losses; (F) used or consumed for do-
19       mestic or agricultural purposes on the lease or production unit from which
20       it is severed; or (G) placed in underground storage for recovery at a later
21       date and which was either originally severed outside of the state of Kansas,
22       or as to which the tax levied pursuant to this act has been paid;
23             (2) the severance and production of oil which is: (A) From a lease or
24       production unit whose average daily production is five barrels or less per
25       producing well, which well or wells have not been significantly curtailed
26       by reason of mechanical failure or other disruption of production; (B)
27       from a lease or production unit, the producing well or wells upon which
28       have a completion depth of 2,000 feet or more, and whose average daily
29       production is six barrels or less per producing well or, if the price of oil
30       as determined pursuant to subsection (d) is $16 or less, whose average
31       daily production is seven barrels or less per producing well, or, if the price
32       of oil as determined pursuant to subsection (d) is $15 or less, whose
33       average daily production is eight barrels or less per producing well, or, if
34       the price of oil as determined pursuant to subsection (d) is $14 or less,
35       whose average daily production is nine barrels or less per producing well,
36       or, if the price of oil as determined pursuant to subsection (d) is $13 or
37       less, whose average daily production is 10 barrels or less per producing
38       well, which well or wells have not been significantly curtailed by reason
39       of mechanical failure or other disruption of production; (C) from a lease
40       or production unit, whose production results from a tertiary recovery
41       process. ``Tertiary recovery process'' means the process or processes de-
42       scribed in subparagraphs (1) through (9) of 10 C.F.R. 212.78(c) as in
43       effect on June 1, 1979; (D) from a lease or production unit, the producing


3

  1       well or wells upon which have a completion depth of less than 2,000 feet
  2       and whose average daily production resulting from a water flood process,
  3       is six barrels or less per producing well, which well or wells have not been
  4       significantly curtailed by reason of mechanical failure or other disruption
  5       of production; (E) from a lease or production unit, the producing well or
  6       wells upon which have a completion depth of 2,000 feet or more, and
  7       whose average daily production resulting from a water flood process, is
  8       seven barrels or less per producing well or, if the price of oil as deter-
  9       mined pursuant to subsection (d) is $16 or less, whose average daily pro-
10       duction is eight barrels or less per producing well, or, if the price of oil
11       as determined pursuant to subsection (d) is $15 or less, whose average
12       daily production is nine barrels or less per producing well, or, if the price
13       of oil as determined pursuant to subsection (d) is $14 or less, whose
14       average daily production is 10 barrels or less per producing well, which
15       well or wells have not been significantly curtailed by reason of mechanical
16       failure or other disruption of production; (F) test, frac or swab oil which
17       is sold or exchanged for value; or (G) inadvertently lost on the lease or
18       production unit by reason of leaks or other accidental means;
19             (3)  (A) any taxpayer applying for an exemption pursuant to subsec-
20       tion (b)(2)(A) and (B) shall make application annually to the director of
21       taxation therefor. Exemptions granted pursuant to subsection (b)(2)(A)
22       and (B) shall be valid for a period of one year following the date of cer-
23       tification thereof by the director of taxation; (B) any taxpayer applying for
24       an exemption pursuant to subsection (b)(2)(D) or (E) shall make appli-
25       cation annually to the director of taxation therefor. Such application shall
26       be accompanied by proof of the approval of an application for the utili-
27       zation of a water flood process therefor by the corporation commission
28       pursuant to rules and regulations adopted under the authority of K.S.A.
29       55-152 and amendments thereto and proof that the oil produced there-
30       from is kept in a separate tank battery and that separate books and records
31       are maintained therefor. Such exemption shall be valid for a period of
32       one year following the date of certification thereof by the director of
33       taxation; and (C) notwithstanding the provisions of paragraph (A) or (B),
34       any exemption in effect on the effective date of this act affected by the
35       amendments to subsection (b)(2) by this act shall be redetermined in
36       accordance with such amendments. Any such exemption, and any new
37       exemption established by such amendments and applied for after the
38       effective date of this shall be valid for a period commencing with May 1,
39       1998, and ending on April 30, 1999.
40             (4) the severance and production of gas or oil from any pool from
41       which oil or gas was first produced on or after April 1, 1983, as determined
42       by the state corporation commission and certified to the director of tax-
43       ation, and continuing for a period of 24 months from the month in which


4

  1       oil or gas was first produced from such pool as evidenced by an affidavit
  2       of completion of a well, filed with the state corporation commission and
  3       certified to the director of taxation. Exemptions granted for production
  4       from any well pursuant to this paragraph shall be valid for a period of 24
  5       months following the month in which oil or gas was first produced from
  6       such pool. The term ``pool'' means an underground accumulation of oil
  7       or gas in a single and separate natural reservoir characterized by a single
  8       pressure system so that production from one part of the pool affects the
  9       reservoir pressure throughout its extent;
10             (5) the severance and production of oil or gas from a three-year in-
11       active well, as determined by the state corporation commission and cer-
12       tified to the director of taxation, for a period of 10 years after the date of
13       receipt of such certification. As used in this paragraph, ``three-year in-
14       active well'' means any well that has not produced oil or gas in more than
15       one month in the three years prior to the date of application to the state
16       corporation commission for certification as a three-year inactive well. An
17       application for certification as a three-year inactive well shall be in such
18       form and contain such information as required by the state corporation
19       commission, and shall be made prior to July 1, 1996. The commission
20       may revoke a certification if information indicates that a certified well was
21       not a three-year inactive well or if other lease production is credited to
22       the certified well. Upon notice to the operator that the certification for a
23       well has been revoked, the exemption shall not be applied to the pro-
24       duction from that well from the date of revocation;
25             (6)  (A) The incremental severance and production of oil or gas which
26       results from a production enhancement project begun on or after July 1,
27       1998, shall be exempt for a period of seven years from the startup date
28       of such project. As used in this paragraph (6):
29             (1) ``Incremental severance and production'' means the amount of oil
30       or natural gas which is produced as the result of a production enhance-
31       ment project which is in excess of the base production of oil or natural
32       gas, and is determined by subtracting the base production from the total
33       monthly production after the production enhancement projects is
34       completed.
35             (2) ``Base production'' means the average monthly amount of pro-
36       duction for the twelve-month period immediately prior to the production
37       enhancement project beginning date, minus the monthly rate of produc-
38       tion decline for the well or project for each month beginning 180 days
39       prior to the project beginning date. The monthly rate of production de-
40       cline shall be equal to the average extrapolated monthly decline rate for
41       the well or project for the twelve-month period immediately prior to the
42       production enhancement project beginning date, except that the monthly
43       rate of production decline shall be equal to zero in the case where the


5

  1       well or project has experienced no monthly decline during the twelve-
  2       month period immediately prior to the production enhancement project
  3       beginning date. Such monthly rate of production decline shall be contin-
  4       ued as the decline that would have occurred except for the enhancement
  5       project. Any well or project which may have produced during the twelve-
  6       month period immediately prior to the production enhancement project
  7       beginning date but is not capable of production on the project beginning
  8       date shall have a base production equal to zero. The calculation of the
  9       base production amount shall be evidenced by an affidavit and supporting
10       documentation filed by the applying taxpayer with the state corporation
11       commission.
12             (3) ``Workover'' means any downhole operation in an existing oil or
13       gas well that is designed to sustain, restore or increase the production
14       rate or ultimate recovery of oil or gas, including but not limited to aci-
15       dizing, reperforation, fracture treatment, sand/paraffin/scale removal or
16       other wellbore cleanouts, casing repair, squeeze cementing, initial instal-
17       lation, or enhancement of artificial lifts including plunger lifts, rods,
18       pumps, submersible pumps and coiled tubing velocity strings, downsizing
19       existing tubing to reduce well loading, downhole commingling, bacteria
20       treatments, polymer treatments, upgrading the size of pumping unit
21       equipment, setting bridge plugs to isolate water production zones, or any
22       combination of the aforementioned operations; ``workover'' shall not
23       mean the routine maintenance, routine repair, or like for-like replace-
24       ment of downhole equipment such as rods, pumps, tubing packers or
25       other mechanical device.
26             (4) ``Production enhancement project'' means performing or causing
27       to be performed the following:
28             (i) Workover;
29             (ii) recompletion to a different producing zone in the same well bore,
30       except recompletions in formations and zones subject to a state corpo-
31       ration commission proration order;
32             (iii) secondary recovery projects;
33             (iv) addition of mechanical devices to dewater a gas or oil well;
34             (v) replacement or enhancement of surface equipment;
35             (vi) installation or enhancement of compression equipment, line
36       looping or other techniques or equipment which increases production
37       from a well or a group of wells in a project;
38             (vii) new discoveries of oil or gas which are discovered as a result of
39       the use of new technology, including, but not limited to, three dimen-
40       sional seismic studies.
41             (B) The state corporation commission shall adopt rules and regula-
42       tions necessary to efficiently and properly administer the provisions of
43       this paragraph (6) including rules and regulations for the qualification of


6

  1       production enhancement projects, the procedures for determining the
  2       monthly rate of production decline, criteria for determining the share of
  3       incremental production attributable to each well when a production en-
  4       hancement project includes a group of wells, criteria for determining the
  5       start up date for any project for which an exemption is claimed, and
  6       determining new qualifying technologies for the purposes of paragraph
  7       (6)(A)(4)(vii).
  8             (C) Any taxpayer applying for an exemption pursuant to this para-
  9       graph (6) shall make application to the director of taxation. Such appli-
10       cation shall be accompanied by a state corporation commission certifi-
11       cation that the production for which an exemption is sought results from
12       a qualified production enhancement project and certification of the base
13       production for the enhanced wells or group of wells, and the rate of
14       decline to be applied to that base production. The secretary of revenue
15       shall provide credit for any taxes paid between the project startup date
16       and the certification of qualifications by the commission.
17             (D) The exemptions provided for in this paragraph (6) shall not apply
18       for 12 months beginning July 1 of the year subsequent to any calendar
19       year during which: (1) In the case of oil, the secretary of revenue deter-
20       mines that the weighted average price of Kansas oil at the wellhead has
21       exceeded $20.00 per barrel; or (2) in the case of natural gas the secretary
22       of revenue determines that the weighted average price of Kansas gas at
23       the wellhead has exceeded $2.50 per Mcf.
24             (E) The provisions of this paragraph (6) shall not affect any other
25       exemption allowable pursuant to this section; and
26             (7) for the calendar year 1988, and any year thereafter, the severance
27       or production of the first 350,000 tons of coal from any mine as certified
28       by the state geological survey.
29             (c) No exemption shall be granted pursuant to subsection (b)(3) or
30       (4) to any person who does not have a valid operator's license issued by
31       the state corporation commission, and no refund of tax shall be made to
32       any taxpayer attributable to any production in a period when such tax-
33       payer did not hold a valid operator's license issued by the state corporation
34       commission.
35             (d) On April 15, 1988, and on April 15 of each year thereafter, the
36       secretary of revenue shall determine from statistics compiled and pro-
37       vided by the United States department of energy, the average price per
38       barrel paid by the first purchaser of crude oil in this state for the six-
39       month period ending on December 31 of the preceding year. Such price
40       shall be used for the purpose of determining exemptions allowed by sub-
41       section (b)(2)(B) or (E) for the twelve-month period commencing on May
42       1 of such year and ending on April 30 of the next succeeding year. 
43       Sec.  2. K.S.A. 1999 Supp. 79-4217 is hereby repealed.


7

  1        Sec.  3. This act shall take effect and be in force from and after its
  2       publication in the statute book.