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View Full Version : Rendell's state-imposed oil tax would be first of its kind in U.S.



Evergrey
02-07-2007, 05:49 PM
http://www.post-gazette.com/pg/07038/759987-85.stm

Governor's budget inspiration? Jimmy Carter and Alaska
Wednesday, February 07, 2007

By Bill Toland, Pittsburgh Post-Gazette



HARRISBURG -- Inspiration can come from unlikely sources.

In crafting the 2007-08 state budget, Gov. Ed Rendell might have found his in former President Jimmy Carter, who imposed a windfall tax on oil companies in 1980, and Democrats from Alaska, who have been trying to levy a tax on oil companies' gross profits for three years, unsuccessfully.

A controversial "gross profits tax" on oil companies was one of the centerpieces of Mr. Rendell's budget address yesterday, and the governor devoted a healthy portion of his annual speech to the issue of ExxonMobil's record profits over the last three years.

He said it's incumbent upon oil companies to help foot the bill for Pennsylvania's aging highway system and its inefficient, under-funded public transit systems.

It would be the first such state-imposed tax in the country.

"These profits have come from one source -- the pockets of the American people," Mr. Rendell said near the end of his 55-minute speech. "It is time for the oil companies to finally pay their fair share of the transportation tax burden in Pennsylvania."

Mr. Rendell wants the Legislature to consider eliminating the state's 9.9 percent corporate net income tax as it applies to oil companies, and instead assess a 6.17 percent gross profits tax. He says the tax would raise $760 million a year, or $690 million more than the current corporate net income tax is deriving from the seven oil companies that pay it.

The low take, the governor said, is the fault of the state's income reporting system, which allows companies doing business and making money here to shift that revenue to another state, meaning it can't be taxed here -- the so-called Delaware loophole. Mr. Rendell said the state could rectify that by requiring companies to calculate and report all of their assets, allowing the state to determine "what portion of their profits come from Pennsylvania."

"Like many other big corporations, the oil companies have gotten very good at structuring their profit reporting so that our taxes don't apply," he said.

Trade groups and oil lobbyists wasted little time in denouncing the governor's plan.

"It caught us off guard. We had no calls from the administration to let us know this was being contemplated, let alone being introduced," said Rolf Hanson, lobbyist for and director of the Associated Petroleum Industries of Pennsylvania.

It's politically popular, he said, to beat up on ExxonMobil for its record $39.5 billion in profits last year, but the tax would also fall to local oil and gas producers, drillers, wholesalers, even distributors of petroleum -- Sheetz Inc. would be included in that group, he said.

Stephen Rhoads, president of Pennsylvania's Oil and Gas Association, said Mr. Rendell's plan to tax one industry differently than the rest was tantamount to "discrimination." House Minority Leader Sam Smith, R-Punxsutawney, said he'd be "very interested to see how the governor is going to enact that without it being passed on to consumers."

Mr. Hanson, as well as state Department of Transportation Secretary Allen Biehler, said the tax would be unique were it to take effect, but Pennsylvania isn't the first to think of it. In Alaska, a petroleum-rich state, Democrats have been trying to get their cross-aisle rivals to go along with a plan to tax oil company gross profits, saying such a tax is more predictable than their current system, which they say is fraught with deductions and tax credits for Big Oil.

Democrats at the federal level also have discussed an excise tax on oil profits derived from revenues that exceed $40 per barrel.

If Pennsylvania succeeds, other states could follow. Mr. Hanson said the oil tax has been a popular topic among the members of the Democratic Governors Association, and he expects other states with Democratic governors to follow Mr. Rendell's lead, if he wins his battle with skeptical Republicans and a hostile oil industry.

Gantt Walton, a spokesman with ExxonMobil, said Mr. Rendell apparently hasn't learned any lessons from the Carter administration's 1980 oil "windfall tax." After the tax was repealed under President Ronald Reagan, a federal study showed that American dependence on foreign oil increased, and oil companies had less to spend on research and development.

"It was a bad idea then, and it's a bad idea now," Mr. Walton said.

R&D money is especially vital now, Mr. Walton, said, considering that Mr. Rendell not only wants to collect more taxes from oil companies, but also want to steer Pennsylvania toward energy independence and gasoline with higher ethanol content. Both standards would require more money to be spent on domestic infrastructure and gasoline research.

Mr. Rendell thinks there's room for greater tax payments as well as research and development, given that ExxonMobil's profit margin is at 10 percent, and the oil industry average is usually at 5.9 percent (the national average is 5.2 percent, said Mr. Hanson.)

Though the oil tax was probably the most controversial of the business taxes pitched by the governor, there were others. Mr. Rendell wants Pennsylvania to join the other 49 states in taxing smokeless tobacco products, as well as cigars, and he'd do it at a rate of 36 cents per ounce of the smokeless, or roughly 3.6 cents for every cigar.

He'd also add 10 cents to the existing cigarette tax, now at $1.35 a pack.

"I think he's making a mistake," said Jim Cohen, owner of Poor Richard's Tobacco Shop in Station Square. "It gives us a little competitive edge in Pennsylvania." Cigar shoppers are bargain hunters just like everyone else, and they come to Pennsylvania for the lower price.

The tobacco tax revenue would be used to fund a variety of health initiatives.

Mr. Rendell also wants to impose a $2.25-per-ton tipping fee on waste haulers, a cost that would be largely borne by out-of-state companies that dump their trash in Pennsylvania landfills. The money would pay for the clean up hazardous brownfields, but Mr. Rendell ran into resistance in 2004, the last time he proposed a tipping fee.

As is the case with nearly every tax, this trash disposal tax, Republicans feared, would eventually get passed down to the consumer.

The various business tax increases, said budget Secretary Michael Masch, are offset by a proposed $216 million in business tax cuts for the 2007-08 budget year, which begins in July. Most of that savings comes from a continued phase-out of the capital stock and franchise tax, which has been reduced to 3.89 mills.

The business community also is pushing for a reduction in the state's corporate net income tax, currently at 9.99 percent.

Mr. Rendell said he hopes to reduce it to 7.9 percent.


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(Bill Toland can be reached at btoland@post-gazette.com or 412-263-2625. )

Wheelingman04
02-08-2007, 11:48 PM
I agree with this tax.

volguus zildrohar
02-09-2007, 02:59 PM
I've always found the thought of being disappointed in Big Ed a distasteful one but this week he's making me change my mind. Aside from my automatic complaint about increases in tobacco taxes (pariahs! yay!) I wonder if he truly thought through this profits tax on the oil companies. The very first thought any reasoanble person would have after finishing the article would be it would be an expense the consumer would be paying for anyway. If the thinking was that the consumer would be paying more anyway in the form of the 13.5 cent increase in the gasoline sales tax than why not hit the deep pockets at the same time then perhaps it's the better choice.

Still, the recommendation of his own council on improving the commonwealth's transportation infrastructure supported the retail tax increase as the method of saving the state's bridges, roads and mass transit - his council's recommendations that he summarily ignored.

I don't know what he's thinking but I wish he'd show his cards.

Evergrey
03-06-2007, 04:24 PM
http://www.post-gazette.com/pg/07065/767231-100.stm

Transit labor leader backs tax on oil company profits
Tuesday, March 06, 2007

By Tom Barnes, Pittsburgh Post-Gazette

HARRISBURG -- An Allegheny County Port Authority labor leader today supported Gov. Ed Rendell's call for a tax on oil company profits as a way to fund public transportation in Pennsylvania.

Patrick J. McMahon, president of Local 85 of the Amalgamated Transit Union, told a state House panel, "We endorse the governor's plan to raise money for mass transit by taxing oil company profits. This is a sensible solution.''

Mr. Rendell has said he thinks a new tax of about 6 percent on oil company profits would raise $760 million a year for mass transit.

Mr. McMahon suggested several other ideas for generating mass transit funds, including doubling the current $2-a-day fee placed on rental cars. He said that would be a way to collect more money from out-of-state people visiting Pennsylvania.

But Mr. McMahon's counterpart from Philadelphia, Jeffrey Brooks of the Transport Workers Union, wouldn't take a position on the oil company profits tax. Mr. Brooks, who represents workers at the Southeastern Pennsylvania Transportation Agency, didn't offer a position on any of several options being discussed to raise money for bus, trolley and train systems. He said that finding funds for mass transit was the Legislature's job.

Besides the oil company tax, options to help the Port Authority and SEPTA include a 0.09 percent increase in the realty transfer tax, higher gasoline taxes, imposing tolls on highways that don't have them, higher fares for transit riders and cutting some service routes to save money.

Rep. Mario Civera, R-Delaware County, said one problem with the oil company profits tax is that the companies may simply pass the costs along to motorists in the form of higher gasoline prices. He said that increasing the state's 31-cent-a-gallon gasoline tax, or causing higher gasoline prices due to an oil company tax, would be unacceptable to most motorists, and he said legislators will feel the political heat.

Rep. Joseph Markosek, D-Monroeville and Transportation Committee chairman, said that any new source of revenue for mass transit will upset some people and pose political hazards. But he said the problem is serious, especially for the economies of southwestern and southeastern Pennsylvania, and must be dealt with soon.

"I don't think the seriousness of the mass transit problem has sunk in with much of the public and even with some legislators,'' he said, adding that the problem needs to be solved by June 30, when a new state budget for 2007-08 is to be adopted. Transit agencies for both Allegheny and Philadelphia counties are facing large budget deficits without additional sources of revenue, he said.

Evergrey
03-06-2007, 04:39 PM
He said that increasing the state's 31-cent-a-gallon gasoline tax, or causing higher gasoline prices due to an oil company tax, would be unacceptable to most motorists, and he said legislators will feel the political heat..


And yet... losing your bus route is acceptable?

Rep. Mario Civera, R-Delaware County, said one problem with the oil company profits tax is that the companies may simply pass the costs along to motorists in the form of higher gasoline prices.

Well... yeah. That's the way a good tax works. That's the way any successful tax of this kind has worked. But this is a good way to scare people, Mario.

[Rep. Joseph Markosek, D-Monroeville and Transportation Committee chairman, said that any new source of revenue for mass transit will upset some people and pose political hazards. But he said the problem is serious, especially for the economies of southwestern and southeastern Pennsylvania, and must be dealt with soon.


And hence... this is a serious problem for the economy of the entire state... even if Daryl in Tunkhannock doesn't give a flying crap about bus riders in Pittsburgh.

It's time for some legislative action from Harrisburg... stand up to those so-called "political hazards" and do what's right for this state.

Downtown Bolivar
03-06-2007, 11:54 PM
As nice as it will be to nail large oil companies, I think that in the end this will screw the northern tier really bad. The oil drilling and production industry is just starting to come back strong--this will have a chilling effect. Don't believe it? Just look across the border at NY's southern tier to see the effect of increased tax and regulation. The oil is still in the ground here, but the industry is comatose.

This tax makes sense if you live in an urban area away from oil country. But if you live in oil country this will be a disaster.

Evergrey
03-07-2007, 12:57 AM
As nice as it will be to nail large oil companies, I think that in the end this will screw the northern tier really bad. The oil drilling and production industry is just starting to come back strong--this will have a chilling effect. Don't believe it? Just look across the border at NY's southern tier to see the effect of increased tax and regulation. The oil is still in the ground here, but the industry is comatose.

This tax makes sense if you live in an urban area away from oil country. But if you live in oil country this will be a disaster.

I have no idea how this tax would effect Pennsylvania's recently revived oil industry... but this is a case where you'd have to do a cost-benefit analysis for what's best for the state... keeping the economies of the 2 largest metropolitan areas functioning... or preserving a tiny oil industry that doesn't even have much of an impact within the "Oil Region" (I'm from near that area btw)... if oil prices were to fall back to levels a few years ago... PA's oil industry would fall asleep again.

Btw, contrary to popular belief... this tax wouldn't be "nailing" the oil companies... as any smart company would do... they would pass the majority of the tax on to the consumer.. which is how any successful tax works. And this is why it's so hard to pass taxes... because industry groups rail against being targeted... and then consumer groups rail about how industry will pass the tax on to the consumer. The money has to come from somewhere.

Downtown Bolivar
03-07-2007, 02:50 AM
I have no idea how this tax would effect Pennsylvania's recently revived oil industry... but this is a case where you'd have to do a cost-benefit analysis for what's best for the state... keeping the economies of the 2 largest metropolitan areas functioning... or preserving a tiny oil industry that doesn't even have much of an impact within the "Oil Region" (I'm from near that area btw)... if oil prices were to fall back to levels a few years ago... PA's oil industry would fall asleep again.


Well being from there you know it's not as tiny as you say. American Refining Group in Bradford is employee owned I believe and it the longest continually operating refinery in the United States. The Warren refinery produces most of the gasoline for the Western NY area. There were 600 wells drilled in the Bradford area alone last year--I have no clue how many were drilled in the Warren area or in the National Forest. The "tiny" oil industry in the Northern Tier has also run into an employment crunch as the demand for workers has outstripped the supply. So yeah it's tiny compared with consumption but puts bread on a lot of tables on both sides of the border. Seeing as how Adelphia cable's demise has decimated Potter county, the Commonwealth should protect its native oil industry somehow, just as it has protected its railroads.

wrightchr
03-07-2007, 03:32 AM
don't get me wrong...bid Ed is still a sped. but i agree with this tax, completely. PA has some big problems with infrastructure and health related issues. personally, although i agree that people who use tobacco products should pay for the harmfull effects they cause, i would much rather see a statewide ban on smoking. and as for the tax on oil companies...i actually hope it filters down to the public. we should all pay higher gas prices...if only to teach us a lesson. we've been down this road before??? does anyone recall the 70's??? maybe auto manufacturers and energy companies would get their act together for once and build products that don't require middle eastern assets and won't destroy what little preserved environment we have left. we're killing ourselves...and for what? so Exxon Mobil can spike profits whenever they want. even if the state only gets another 600 million from this...that will pay off huge when it comes to funding new highway rehabilitation and mass transit projects. and i don't think Exxon Mobil and the bunch will have any problems putting food on the table.

Evergrey
03-07-2007, 05:19 AM
uhh... the answer to the question in the title is... "OF COURSE THEY WILL!"... and that's not a bad thing... it's the way things work... didn't any of these politicians take an economics course in college? there will always be a large gap between the services the public wants and how much they want to pay... sometimes you got to have some political will and get things done instead of pandering to opinion polls and empty rhetoric...



http://www.post-gazette.com/pg/07066/767366-85.stm

Was state tax on oil profits such a good idea?
Lawmakers wonder if the petroleum giants they want to punish will just pass along the cost to motorists in higher gasoline prices
Wednesday, March 07, 2007

By Tom Barnes, Post-Gazette Harrisburg Bureau



HARRISBURG -- When Democratic Gov. Ed Rendell first proposed a tax on oil company profits in early February, its political prospects seemed rosy, since many motorists are angry about huge oil company profits and the projected $760 million a year in revenue would go to bail out struggling mass transit agencies.

But the tax on Big Oil has turned into a tough sell with state legislators, who fear the oil giants will just pass the added costs on to drivers in the form of higher gasoline prices.

"I think this tax is one that will be difficult to get passed," state Rep. Joseph Markosek, D-Monroeville, chairman of the House Transportation Committee, said yesterday.

The proposed 6.17 percent tax on oil company profits would be the first such tax in the nation, he said, meaning the companies would almost certainly file lawsuits seeking to overturn it and prevent other states from enacting one.

Even if the state would win, such litigation would keep the tax from taking effect for months, meaning deficit-ridden bus and trolley agencies, such as the Port Authority of Allegheny County and the Southeastern Pennsylvania Transit Agency, wouldn't get needed financial help. The agencies have said they need to know by July 1 how much state aid they will get, because that's when their 2007-08 fiscal year starts.

The Port Authority is facing an $80 million deficit for 2007-08 and SEPTA is facing a $150 million deficit, transit agency officials told the House Appropriations Committee. Without adequate state aid, the agencies will need to consider slashing service, raising fares even more than already projected or shutting down for two months of the year.

Mr. Rendell has said he'll try to stop oil companies from passing the tax along to motorists, but Rep. Mario Civera, R-Delaware, was skeptical that it can be stopped.

"If this oil profits tax is seen as leading to higher gas prices, the General Assembly will slide away from it," he said.

Rep. Douglas Reichley, R-Lehigh, asked state Transportation Secretary Allen Biehler if the tax would apply only to the seven major oil companies or also to smaller companies that distribute home heating oil. Mr. Biehler said heating oil distributors would have to pay it also, which led to fears about increasing heating oil prices.

And legislators from rural areas, such as Reps. Dave Reed, R-Indiana, and Fred McIlhattan, R-Clarion, said their constituents, most of whom don't use mass transit, likely would be hit hard by higher gas prices. That, in turn, makes it hard for them to vote for such a tax.

Rep. Dan Frankel, D-Squirrel Hill, said he can support the oil company tax, because mass transit is vital to Pittsburgh and its surrounding towns, where many residents take buses and trolleys to get Downtown to work.

"But are there 102 votes in the House for it now? No," he said. That's the minimum number of votes in the 203-member House needed to pass a bill.

Support for the tax also came yesterday from a Port Authority labor leader, Patrick J. McMahon, president of Local 85 of the Amalgamated Transit Union,

"We endorse the governor's plan to raise money for mass transit by taxing oil company profits. This is a sensible solution," he told the Appropriations Committee.

Mr. Markosek said the problem of funding mass transit is serious, especially for the economies of southwestern and southeastern Pennsylvania.

"I don't think the seriousness of the problem has sunk in with much of the public and even with some legislators," said Mr. Markosek, adding that something must be done by the start of the new fiscal year July 1.

Other options for funding public transit have been talked about but none is close to passing. Some are:

Raising the statewide 1 percent realty transfer tax, or allowing regions, such as the five-county Philadelphia region or several counties around Allegheny County, to raise the realty transfer tax in just those areas. Real estate agents oppose such a change, saying it will increase home prices and make home buying more difficult.

Doubling the current $2 daily fee paid by people who rent cars. Mr. McMahon favored that idea, saying it's a way to collect more money from out-of-state people visiting Pennsylvania.

Increasing fees for driver's license renewals, motor vehicle registrations and/or vehicle tire sales.

In addition to an oil profits tax for mass transit, Mr. Rendell also has proposed leasing the 500-mile Pennsylvania Turnpike to a private firm as a way to raise $965 million a year to repair thousands of ailing roads and bridges. The turnpike commission has hired powerful lobbyists to fight that idea.

Mr. Rendell has said that if legislators don't like his ideas for helping transit agencies and repairing roads, they should come up with alternatives of their own.


--------------------------------------------------------------------------------

(Bureau Chief Tom Barnes can be reached at tbarnes@post-gazette.com or 1-717-787-4254. )

Evergrey
03-07-2007, 07:41 AM
Well being from there you know it's not as tiny as you say. American Refining Group in Bradford is employee owned I believe and it the longest continually operating refinery in the United States. The Warren refinery produces most of the gasoline for the Western NY area. There were 600 wells drilled in the Bradford area alone last year--I have no clue how many were drilled in the Warren area or in the National Forest. The "tiny" oil industry in the Northern Tier has also run into an employment crunch as the demand for workers has outstripped the supply. So yeah it's tiny compared with consumption but puts bread on a lot of tables on both sides of the border. Seeing as how Adelphia cable's demise has decimated Potter county, the Commonwealth should protect its native oil industry somehow, just as it has protected its railroads.

sorry... I was thinking merely of drilling activity when I made that response... which is only responding to current market demands... oil is now expensive enough to make drilling in Pennsylvania profitable for the first time in many years...

American and United are large operations for the region... but they've been quietly going about their business for decades of cheap oil prices. Due to changing market demands in the past couple years... their net incomes have increased dramatically. They've managed to succeed by developing into specialized niche operations. American is the only refinery to use exclusively Pennsylvania grade crude... making lubricants and solvents. United has created an extremely efficient operation by refining gasoline and selling that gasoline as a comparative discount at its own gas station brands Kwik-Fill and Country Fair. I can't seem to find the information I want on Rendell's oil tax... but it seems to be targeting the profits made in the state by the Big 7 oil companies. These oil companies, of course, would then pass the costs onto their business partners and on down the line to the retailers who would ultimately pass the tax on to the consumer... which, I emphasize... is how any tax of this nature works. People are making a mistake when they claim this is going to "nail" the oil companies... and Rendell is just playing politics by saying the same thing... which may work against him.



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