INTRODUCED
BY J. Kassmier, D. Bartel, W. Galt, C. Knudsen, B. Ler
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING STRIPPER OIL TAX LAWS; REVISING THE TAX RATES FOR STRIPPER OIL PRODUCTION; providing definitions; AMENDING SECTIONS 15-36-303 and 15-36-304, MCA; and PROVIDING EFFECTIVE DATES, APPLICABILITY DATES, AND TERMINATION DATES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 15-36-303, MCA, is amended to read:
"15-36-303. Definitions. As used in this part, the following definitions apply:
(1) "Board" means the board of oil and gas conservation provided for in 2-15-3303.
(2) "Department" means the department of revenue provided for in 2-15-1301.
(3) "Enhanced recovery project" means the use of any process for the displacement of oil from the earth other than primary recovery and includes the use of an immiscible, miscible, chemical, thermal, or biological process.
(4) "Existing enhanced recovery project" means an enhanced recovery project that began development before January 1, 1994.
(5) "Expanded enhanced recovery project" or "expansion" means the addition of injection wells or production wells, the recompletion of existing wells as horizontally completed wells, the change of an injection pattern, or other operating changes to an existing enhanced recovery project that will result in the recovery of oil that would not otherwise be recovered. The project must be developed after December 31, 1993.
(6) "Gross taxable value", for the purpose of computing the oil and natural gas production tax, means the gross value of the product as determined in 15-36-305.
(7) "Horizontal drain hole" means that portion of a wellbore with 70 degrees to 110 degrees deviation from the vertical and a horizontal projection within the common source of supply, as that term is defined by the board, that exceeds 100 feet.
(8) "Horizontally completed well" means:
(a) a well with one or more horizontal drain holes; or
(b) any other well classified by the board as a horizontally completed well.
(9) "Incremental production" means:
(a) the volume of oil produced by a new enhanced recovery project, by a well in primary recovery recompleted as a horizontally completed well, or by an expanded enhanced recovery project, which volume of production is in excess of the production decline rate established under the conditions existing before:
(i) commencing the recompletion of a well as a horizontally completed well;
(ii) expanding the existing enhanced recovery project; or
(iii) commencing a new enhanced recovery project; or
(b) in the case of any project that had no taxable production prior to commencing the enhanced recovery project, all production of oil from the enhanced recovery project.
(10) "Natural gas" or "gas" means natural gas and other fluid hydrocarbons, other than oil, produced at the wellhead.
(11) "New enhanced recovery project" means an enhanced recovery project that began development after December 31, 1993.
(12) "Nonworking interest owner" means any interest owner who does not share in the exploration, development, and operation costs of the lease or unit, except for production taxes.
(13) "Oil" means crude petroleum or mineral oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form and that are not the result of condensation of gas after it leaves the wellhead.
(14) "Operator" or "producer" means a person who produces oil or natural gas within this state or who owns, controls, manages, leases, or operates within this state any well or wells from which any marketable oil or natural gas is extracted or produced.
(15) (a) "Post-1999 stripper well" means an oil well drilled on or after January 1, 1999, that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of crude oil reported and received by the producer for Montana oil marketed during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(15)(16) "Post-1999 well" means an oil or natural
gas well drilled on or after January 1, 1999, that produces oil or natural gas
or a well that has not produced oil or natural gas during the 5 years
immediately preceding the first month of qualifying as a post-1999 well.
(17) (a) "Pre-1999 stripper well" means an oil well that was drilled before January 1, 1999, that produces more than 3 barrels a day but fewer than 10 barrels a day.
(b) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(16)(18) "Pre-1999 well" means an oil or natural
gas well that was drilled before January 1, 1999.
(17)(19) "Primary recovery" means the
displacement of oil from the earth into the wellbore by means of the natural
pressure of the oil reservoir and includes artificial lift.
(18)(20) "Production decline rate" means the
projected rate of future oil production, extrapolated by a method approved by
the board, that must be determined for a project area prior to commencing a new
or expanded enhanced recovery project or the recompletion of a well as a
horizontally completed well. The approved production decline rate must be
certified in writing to the department by the board. In that certification, the
board shall identify the project area and shall specify the projected rate of
future oil production by calendar year and by calendar quarter within each
year. The certified rate of future oil production must be used to determine the
volume of incremental production that qualifies for the tax rate imposed under 15-36-304(5)(e).
(19)(21) (a) "Qualifying production" means
the first 12 months of production of oil or natural gas from a well drilled
after December 31, 1998, or the first 18 months of production of oil or natural
gas from a horizontally completed well drilled after December 31, 1998, or from
a well that has not produced oil or natural gas during the 5 years immediately
preceding the first month of qualifying production.
(b) Qualifying production does not include oil production from a horizontally recompleted well.
(20)(22) "Secondary recovery project" means an
enhanced recovery project, other than a tertiary recovery project, that
commenced or was expanded after December 31, 1993, and meets each of the
following requirements:
(a) The project must be certified as a secondary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated according to the specifications required by the board.
(c) The project must involve the application of secondary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of oil that may potentially be recovered. For purposes of this part, secondary recovery methods include but are not limited to:
(i) the injection of water into the producing formation for the purposes of maintaining pressure in that formation or for the purpose of increasing the flow of oil from the producing formation to a producing wellbore; or
(ii) any other method approved by the board as a secondary recovery method.
(21)(23) "Stripper natural gas" means the natural
gas produced from any well that produces less than 60,000 cubic feet of natural
gas a day during the calendar year immediately preceding the current year.
Production must be determined by dividing the amount of production from a lease
or unitized area for the year immediately preceding the current calendar year
by the number of producing wells in the lease or unitized area and by dividing
the resulting quotient by 365.
(22) (a) "Stripper oil" means the oil produced from any well that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of west Texas intermediate crude oil during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(23)(24) "Stripper well exemption" or
"stripper well bonus" means petroleum and other mineral or crude oil
produced by a stripper well that produces 3 barrels a day or less. Production
from this type of well must be determined as provided in subsection (22)(c) (15)(c).
(24)(25) "Tertiary recovery project" means an
enhanced recovery project, other than a secondary recovery project, using a
tertiary recovery method that meets the following requirements:
(a) The project must be certified as a tertiary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated in the certification according to the specifications required by the board.
(c) The project must involve the application of one or more tertiary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of crude oil that may potentially be recovered. For purposes of this part, tertiary recovery methods include but are not limited to:
(i) miscible fluid displacement;
(ii) steam drive injection;
(iii) micellar/emulsion flooding;
(iv) in situ combustion;
(v) polymer augmented water flooding;
(vi) cyclic steam injection;
(vii) alkaline or caustic flooding;
(viii) carbon dioxide water flooding;
(ix) immiscible carbon dioxide displacement; and
(x) any other method approved by the board as a tertiary recovery method.
(25)(26) "Well" or "wells" means a
single well or a group of wells in one field or production unit and under the
control of one operator or producer.
(26)(27) "Working interest owner" means the owner
of an interest in an oil or natural gas well or wells who bears any portion of
the exploration, development, and operating costs of the well or wells."
Section 2. Section 15-36-303, MCA, is amended to read:
"15-36-303. Definitions. As used in this part, the following definitions apply:
(1) "Board" means the board of oil and gas conservation provided for in 2-15-3303.
(2) "Department" means the department of revenue provided for in 2-15-1301.
(3) "Enhanced recovery project" means the use of any process for the displacement of oil from the earth other than primary recovery and includes the use of an immiscible, miscible, chemical, thermal, or biological process.
(4) "Existing enhanced recovery project" means an enhanced recovery project that began development before January 1, 1994.
(5) "Expanded enhanced recovery project" or "expansion" means the addition of injection wells or production wells, the recompletion of existing wells as horizontally completed wells, the change of an injection pattern, or other operating changes to an existing enhanced recovery project that will result in the recovery of oil that would not otherwise be recovered. The project must be developed after December 31, 1993.
(6) "Gross taxable value", for the purpose of computing the oil and natural gas production tax, means the gross value of the product as determined in 15-36-305.
(7) "Horizontal drain hole" means that portion of a wellbore with 70 degrees to 110 degrees deviation from the vertical and a horizontal projection within the common source of supply, as that term is defined by the board, that exceeds 100 feet.
(8) "Horizontally completed well" means:
(a) a well with one or more horizontal drain holes; or
(b) any other well classified by the board as a horizontally completed well.
(9) "Incremental production" means:
(a) the volume of oil produced by a new enhanced recovery project, by a well in primary recovery recompleted as a horizontally completed well, or by an expanded enhanced recovery project, which volume of production is in excess of the production decline rate established under the conditions existing before:
(i) commencing the recompletion of a well as a horizontally completed well;
(ii) expanding the existing enhanced recovery project; or
(iii) commencing a new enhanced recovery project; or
(b) in the case of any project that had no taxable production prior to commencing the enhanced recovery project, all production of oil from the enhanced recovery project.
(10) "Natural gas" or "gas" means natural gas and other fluid hydrocarbons, other than oil, produced at the wellhead.
(11) "New enhanced recovery project" means an enhanced recovery project that began development after December 31, 1993.
(12) "Nonworking interest owner" means any interest owner who does not share in the exploration, development, and operation costs of the lease or unit, except for production taxes.
(13) "Oil" means crude petroleum or mineral oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form and that are not the result of condensation of gas after it leaves the wellhead.
(14) "Operator" or "producer" means a person who produces oil or natural gas within this state or who owns, controls, manages, leases, or operates within this state any well or wells from which any marketable oil or natural gas is extracted or produced.
(15) (a) "Post-1999 stripper well" means an oil well drilled on or after January 1, 1999, that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of crude oil reported and received by the producer for Montana oil marketed during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(15)(16) "Post-1999 well" means an oil or natural
gas well drilled on or after January 1, 1999, that produces oil or natural gas
or a well that has not produced oil or natural gas during the 5 years
immediately preceding the first month of qualifying as a post-1999 well.
(17) (a) "Pre-1999 stripper well" means an oil well that was drilled before January 1, 1999, that produces more than 3 barrels a day but fewer than 10 barrels a day.
(b) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(16)(18) "Pre-1999 well" means an oil or natural
gas well that was drilled before January 1, 1999.
(17)(19) "Primary recovery" means the
displacement of oil from the earth into the wellbore by means of the natural
pressure of the oil reservoir and includes artificial lift.
(18)(20) "Production decline rate" means the
projected rate of future oil production, extrapolated by a method approved by
the board, that must be determined for a project area prior to commencing a new
or expanded enhanced recovery project or the recompletion of a well as a
horizontally completed well. The approved production decline rate must be
certified in writing to the department by the board. In that certification, the
board shall identify the project area and shall specify the projected rate of
future oil production by calendar year and by calendar quarter within each
year. The certified rate of future oil production must be used to determine the
volume of incremental production that qualifies for the tax rate imposed under 15-36-304(5)(e).
(19)(21) (a) "Qualifying production" means
the first 12 months of production of oil or natural gas from a well drilled
after December 31, 1998, or the first 18 months of production of oil or natural
gas from a horizontally completed well drilled after December 31, 1998, or from
a well that has not produced oil or natural gas during the 5 years immediately
preceding the first month of qualifying production.
(b) Qualifying production does not include oil production from a horizontally recompleted well.
(20)(22) "Secondary recovery project" means an
enhanced recovery project, other than a tertiary recovery project, that
commenced or was expanded after December 31, 1993, and meets each of the
following requirements:
(a) The project must be certified as a secondary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated according to the specifications required by the board.
(c) The project must involve the application of secondary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of oil that may potentially be recovered. For purposes of this part, secondary recovery methods include but are not limited to:
(i) the injection of water into the producing formation for the purposes of maintaining pressure in that formation or for the purpose of increasing the flow of oil from the producing formation to a producing wellbore; or
(ii) any other method approved by the board as a secondary recovery method.
(21)(23) "Stripper natural gas" means the natural
gas produced from any well that produces less than 60,000 cubic feet of natural
gas a day during the calendar year immediately preceding the current year.
Production must be determined by dividing the amount of production from a lease
or unitized area for the year immediately preceding the current calendar year
by the number of producing wells in the lease or unitized area and by dividing
the resulting quotient by 365.
(22) (a) "Stripper oil" means the oil produced from any well that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of west Texas intermediate crude oil during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(23)(24) "Stripper well exemption" or "stripper
well bonus" means petroleum and other mineral or crude oil produced by a
stripper well that produces 3 barrels a day or less. Production from this type
of well must be determined as provided in subsection (22)(c)
(15)(c).
(24)(25) "Tertiary recovery project" means an
enhanced recovery project, other than a secondary recovery project, using a
tertiary recovery method that meets the following requirements:
(a) The project must be certified as a tertiary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated in the certification according to the specifications required by the board.
(c) The project must involve the application of one or more tertiary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of crude oil that may potentially be recovered. For purposes of this part, tertiary recovery methods include but are not limited to:
(i) miscible fluid displacement;
(ii) steam drive injection;
(iii) micellar/emulsion flooding;
(iv) in situ combustion;
(v) polymer augmented water flooding;
(vi) cyclic steam injection;
(vii) alkaline or caustic flooding;
(viii) carbon dioxide water flooding;
(ix) immiscible carbon dioxide displacement; and
(x) any other method approved by the board as a tertiary recovery method.
(25)(26) "Well" or "wells" means a
single well or a group of wells in one field or production unit and under the
control of one operator or producer.
(26)(27) "Working interest owner" means the owner
of an interest in an oil or natural gas well or wells who bears any portion of
the exploration, development, and operating costs of the well or wells."
Section 3. Section 15-36-303, MCA, is amended to read:
"15-36-303. Definitions. As used in this part, the following definitions apply:
(1) "Board" means the board of oil and gas conservation provided for in 2-15-3303.
(2) "Department" means the department of revenue provided for in 2-15-1301.
(3) "Enhanced recovery project" means the use of any process for the displacement of oil from the earth other than primary recovery and includes the use of an immiscible, miscible, chemical, thermal, or biological process.
(4) "Existing enhanced recovery project" means an enhanced recovery project that began development before January 1, 1994.
(5) "Expanded enhanced recovery project" or "expansion" means the addition of injection wells or production wells, the recompletion of existing wells as horizontally completed wells, the change of an injection pattern, or other operating changes to an existing enhanced recovery project that will result in the recovery of oil that would not otherwise be recovered. The project must be developed after December 31, 1993.
(6) "Gross taxable value", for the purpose of computing the oil and natural gas production tax, means the gross value of the product as determined in 15-36-305.
(7) "Horizontal drain hole" means that portion of a wellbore with 70 degrees to 110 degrees deviation from the vertical and a horizontal projection within the common source of supply, as that term is defined by the board, that exceeds 100 feet.
(8) "Horizontally completed well" means:
(a) a well with one or more horizontal drain holes; or
(b) any other well classified by the board as a horizontally completed well.
(9) "Incremental production" means:
(a) the volume of oil produced by a new enhanced recovery project, by a well in primary recovery recompleted as a horizontally completed well, or by an expanded enhanced recovery project, which volume of production is in excess of the production decline rate established under the conditions existing before:
(i) commencing the recompletion of a well as a horizontally completed well;
(ii) expanding the existing enhanced recovery project; or
(iii) commencing a new enhanced recovery project; or
(b) in the case of any project that had no taxable production prior to commencing the enhanced recovery project, all production of oil from the enhanced recovery project.
(10) "Natural gas" or "gas" means natural gas and other fluid hydrocarbons, other than oil, produced at the wellhead.
(11) "New enhanced recovery project" means an enhanced recovery project that began development after December 31, 1993.
(12) "Nonworking interest owner" means any interest owner who does not share in the exploration, development, and operation costs of the lease or unit, except for production taxes.
(13) "Oil" means crude petroleum or mineral oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form and that are not the result of condensation of gas after it leaves the wellhead.
(14) "Operator" or "producer" means a person who produces oil or natural gas within this state or who owns, controls, manages, leases, or operates within this state any well or wells from which any marketable oil or natural gas is extracted or produced.
(15) (a) "Post-1999 stripper well" means an oil well drilled on or after January 1, 1999, that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of crude oil reported and received by the producer for Montana oil marketed during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(15)(16) "Post-1999 well" means an oil or natural
gas well drilled on or after January 1, 1999, that produces oil or natural gas
or a well that has not produced oil or natural gas during the 5 years
immediately preceding the first month of qualifying as a post-1999 well.
(17) (a) "Pre-1999 stripper well" means an oil well that was drilled before January 1, 1999, that produces more than 3 barrels a day but fewer than 10 barrels a day.
(b) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(16)(18) "Pre-1999 well" means an oil or natural
gas well that was drilled before January 1, 1999.
(17)(19) "Primary recovery" means the
displacement of oil from the earth into the wellbore by means of the natural
pressure of the oil reservoir and includes artificial lift.
(18)(20) "Production decline rate" means the
projected rate of future oil production, extrapolated by a method approved by
the board, that must be determined for a project area prior to commencing a new
or expanded enhanced recovery project or the recompletion of a well as a
horizontally completed well. The approved production decline rate must be
certified in writing to the department by the board. In that certification, the
board shall identify the project area and shall specify the projected rate of
future oil production by calendar year and by calendar quarter within each
year. The certified rate of future oil production must be used to determine the
volume of incremental production that qualifies for the tax rate imposed under 15-36-304(5)(e).
(19)(21) (a) "Qualifying production" means
the first 12 months of production of oil or natural gas from a well drilled
after December 31, 1998, or the first 18 months of production of oil or natural
gas from a horizontally completed well drilled after December 31, 1998, or from
a well that has not produced oil or natural gas during the 5 years immediately
preceding the first month of qualifying production.
(b) Qualifying production does not include oil production from a horizontally recompleted well.
(20)(22) "Secondary recovery project" means an
enhanced recovery project, other than a tertiary recovery project, that
commenced or was expanded after December 31, 1993, and meets each of the
following requirements:
(a) The project must be certified as a secondary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated according to the specifications required by the board.
(c) The project must involve the application of secondary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of oil that may potentially be recovered. For purposes of this part, secondary recovery methods include but are not limited to:
(i) the injection of water into the producing formation for the purposes of maintaining pressure in that formation or for the purpose of increasing the flow of oil from the producing formation to a producing wellbore; or
(ii) any other method approved by the board as a secondary recovery method.
(21)(23) "Stripper natural gas" means the natural
gas produced from any well that produces less than 60,000 cubic feet of natural
gas a day during the calendar year immediately preceding the current year.
Production must be determined by dividing the amount of production from a lease
or unitized area for the year immediately preceding the current calendar year
by the number of producing wells in the lease or unitized area and by dividing
the resulting quotient by 365.
(22) (a) "Stripper oil" means the oil produced from any well that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of west Texas intermediate crude oil during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(23)(24) "Stripper well exemption" or
"stripper well bonus" means petroleum and other mineral or crude oil
produced by a stripper well that produces 3 barrels a day or less. Production
from this type of well must be determined as provided in subsection (22)(c)
(15)(c).
(24)(25) "Tertiary recovery project" means an
enhanced recovery project, other than a secondary recovery project, using a
tertiary recovery method that meets the following requirements:
(a) The project must be certified as a tertiary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated in the certification according to the specifications required by the board.
(c) The project must involve the application of one or more tertiary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of crude oil that may potentially be recovered. For purposes of this part, tertiary recovery methods include but are not limited to:
(i) miscible fluid displacement;
(ii) steam drive injection;
(iii) micellar/emulsion flooding;
(iv) in situ combustion;
(v) polymer augmented water flooding;
(vi) cyclic steam injection;
(vii) alkaline or caustic flooding;
(viii) carbon dioxide water flooding;
(ix) immiscible carbon dioxide displacement; and
(x) any other method approved by the board as a tertiary recovery method.
(25)(26) "Well" or "wells" means a
single well or a group of wells in one field or production unit and under the
control of one operator or producer.
(26)(27) "Working interest owner" means the owner
of an interest in an oil or natural gas well or wells who bears any portion of
the exploration, development, and operating costs of the well or wells."
Section 4. Section 15-36-303, MCA, is amended to read:
"15-36-303. Definitions. As used in this part, the following definitions apply:
(1) "Board" means the board of oil and gas conservation provided for in 2-15-3303.
(2) "Department" means the department of revenue provided for in 2-15-1301.
(3) "Enhanced recovery project" means the use of any process for the displacement of oil from the earth other than primary recovery and includes the use of an immiscible, miscible, chemical, thermal, or biological process.
(4) "Existing enhanced recovery project" means an enhanced recovery project that began development before January 1, 1994.
(5) "Expanded enhanced recovery project" or "expansion" means the addition of injection wells or production wells, the recompletion of existing wells as horizontally completed wells, the change of an injection pattern, or other operating changes to an existing enhanced recovery project that will result in the recovery of oil that would not otherwise be recovered. The project must be developed after December 31, 1993.
(6) "Gross taxable value", for the purpose of computing the oil and natural gas production tax, means the gross value of the product as determined in 15-36-305.
(7) "Horizontal drain hole" means that portion of a wellbore with 70 degrees to 110 degrees deviation from the vertical and a horizontal projection within the common source of supply, as that term is defined by the board, that exceeds 100 feet.
(8) "Horizontally completed well" means:
(a) a well with one or more horizontal drain holes; or
(b) any other well classified by the board as a horizontally completed well.
(9) "Incremental production" means:
(a) the volume of oil produced by a new enhanced recovery project, by a well in primary recovery recompleted as a horizontally completed well, or by an expanded enhanced recovery project, which volume of production is in excess of the production decline rate established under the conditions existing before:
(i) commencing the recompletion of a well as a horizontally completed well;
(ii) expanding the existing enhanced recovery project; or
(iii) commencing a new enhanced recovery project; or
(b) in the case of any project that had no taxable production prior to commencing the enhanced recovery project, all production of oil from the enhanced recovery project.
(10) "Natural gas" or "gas" means natural gas and other fluid hydrocarbons, other than oil, produced at the wellhead.
(11) "New enhanced recovery project" means an enhanced recovery project that began development after December 31, 1993.
(12) "Nonworking interest owner" means any interest owner who does not share in the exploration, development, and operation costs of the lease or unit, except for production taxes.
(13) "Oil" means crude petroleum or mineral oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form and that are not the result of condensation of gas after it leaves the wellhead.
(14) "Operator" or "producer" means a person who produces oil or natural gas within this state or who owns, controls, manages, leases, or operates within this state any well or wells from which any marketable oil or natural gas is extracted or produced.
(15) (a) "Post-1999 stripper well" means an oil well drilled on or after January 1, 1999, that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of crude oil reported and received by the producer for Montana oil marketed during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(15)(16) "Post-1999 well" means an oil or natural
gas well drilled on or after January 1, 1999, that produces oil or natural gas
or a well that has not produced oil or natural gas during the 5 years
immediately preceding the first month of qualifying as a post-1999 well.
(17) (a) "Pre-1999 stripper well" means an oil well that was drilled before January 1, 1999, that produces more than 3 barrels a day but fewer than 10 barrels a day.
(b) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(16)(18) "Pre-1999 well" means an oil or natural
gas well that was drilled before January 1, 1999.
(17)(19) "Primary recovery" means the
displacement of oil from the earth into the wellbore by means of the natural
pressure of the oil reservoir and includes artificial lift.
(18)(20) "Production decline rate" means the
projected rate of future oil production, extrapolated by a method approved by
the board, that must be determined for a project area prior to commencing a new
or expanded enhanced recovery project or the recompletion of a well as a
horizontally completed well. The approved production decline rate must be
certified in writing to the department by the board. In that certification, the
board shall identify the project area and shall specify the projected rate of
future oil production by calendar year and by calendar quarter within each
year. The certified rate of future oil production must be used to determine the
volume of incremental production that qualifies for the tax rate imposed under 15-36-304(5)(e).
(19)(21) (a) "Qualifying production" means
the first 12 months of production of oil or natural gas from a well drilled
after December 31, 1998, or the first 18 months of production of oil or natural
gas from a horizontally completed well drilled after December 31, 1998, or from
a well that has not produced oil or natural gas during the 5 years immediately
preceding the first month of qualifying production.
(b) Qualifying production does not include oil production from a horizontally recompleted well.
(20)(22) "Secondary recovery project" means an
enhanced recovery project, other than a tertiary recovery project, that
commenced or was expanded after December 31, 1993, and meets each of the
following requirements:
(a) The project must be certified as a secondary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated according to the specifications required by the board.
(c) The project must involve the application of secondary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of oil that may potentially be recovered. For purposes of this part, secondary recovery methods include but are not limited to:
(i) the injection of water into the producing formation for the purposes of maintaining pressure in that formation or for the purpose of increasing the flow of oil from the producing formation to a producing wellbore; or
(ii) any other method approved by the board as a secondary recovery method.
(21)(23) "Stripper natural gas" means the natural
gas produced from any well that produces less than 60,000 cubic feet of natural
gas a day during the calendar year immediately preceding the current year.
Production must be determined by dividing the amount of production from a lease
or unitized area for the year immediately preceding the current calendar year
by the number of producing wells in the lease or unitized area and by dividing
the resulting quotient by 365.
(22) (a) "Stripper oil" means the oil produced from any well that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of west Texas intermediate crude oil during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(23)(24) "Stripper well exemption" or
"stripper well bonus" means petroleum and other mineral or crude oil
produced by a stripper well that produces 3 barrels a day or less. Production
from this type of well must be determined as provided in subsection (22)(c)
(15)(c).
(24)(25) "Tertiary recovery project" means an
enhanced recovery project, other than a secondary recovery project, using a
tertiary recovery method that meets the following requirements:
(a) The project must be certified as a tertiary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated in the certification according to the specifications required by the board.
(c) The project must involve the application of one or more tertiary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of crude oil that may potentially be recovered. For purposes of this part, tertiary recovery methods include but are not limited to:
(i) miscible fluid displacement;
(ii) steam drive injection;
(iii) micellar/emulsion flooding;
(iv) in situ combustion;
(v) polymer augmented water flooding;
(vi) cyclic steam injection;
(vii) alkaline or caustic flooding;
(viii) carbon dioxide water flooding;
(ix) immiscible carbon dioxide displacement; and
(x) any other method approved by the board as a tertiary recovery method.
(25)(26) "Well" or "wells" means a
single well or a group of wells in one field or production unit and under the
control of one operator or producer.
(26)(27) "Working interest owner" means the owner
of an interest in an oil or natural gas well or wells who bears any portion of
the exploration, development, and operating costs of the well or wells."
Section 5. Section 15-36-303, MCA, is amended to read:
"15-36-303. Definitions. As used in this part, the following definitions apply:
(1) "Board" means the board of oil and gas conservation provided for in 2-15-3303.
(2) "Department" means the department of revenue provided for in 2-15-1301.
(3) "Enhanced recovery project" means the use of any process for the displacement of oil from the earth other than primary recovery and includes the use of an immiscible, miscible, chemical, thermal, or biological process.
(4) "Existing enhanced recovery project" means an enhanced recovery project that began development before January 1, 1994.
(5) "Expanded enhanced recovery project" or "expansion" means the addition of injection wells or production wells, the recompletion of existing wells as horizontally completed wells, the change of an injection pattern, or other operating changes to an existing enhanced recovery project that will result in the recovery of oil that would not otherwise be recovered. The project must be developed after December 31, 1993.
(6) "Gross taxable value", for the purpose of computing the oil and natural gas production tax, means the gross value of the product as determined in 15-36-305.
(7) "Horizontal drain hole" means that portion of a wellbore with 70 degrees to 110 degrees deviation from the vertical and a horizontal projection within the common source of supply, as that term is defined by the board, that exceeds 100 feet.
(8) "Horizontally completed well" means:
(a) a well with one or more horizontal drain holes; or
(b) any other well classified by the board as a horizontally completed well.
(9) "Incremental production" means:
(a) the volume of oil produced by a new enhanced recovery project, by a well in primary recovery recompleted as a horizontally completed well, or by an expanded enhanced recovery project, which volume of production is in excess of the production decline rate established under the conditions existing before:
(i) commencing the recompletion of a well as a horizontally completed well;
(ii) expanding the existing enhanced recovery project; or
(iii) commencing a new enhanced recovery project; or
(b) in the case of any project that had no taxable production prior to commencing the enhanced recovery project, all production of oil from the enhanced recovery project.
(10) "Natural gas" or "gas" means natural gas and other fluid hydrocarbons, other than oil, produced at the wellhead.
(11) "New enhanced recovery project" means an enhanced recovery project that began development after December 31, 1993.
(12) "Nonworking interest owner" means any interest owner who does not share in the exploration, development, and operation costs of the lease or unit, except for production taxes.
(13) "Oil" means crude petroleum or mineral oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form and that are not the result of condensation of gas after it leaves the wellhead.
(14) "Operator" or "producer" means a person who produces oil or natural gas within this state or who owns, controls, manages, leases, or operates within this state any well or wells from which any marketable oil or natural gas is extracted or produced.
(15) (a) "Post-1999 stripper well" means an oil well drilled on or after January 1, 1999, that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of crude oil reported and received by the producer for Montana oil marketed during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(15)(16) "Post-1999 well" means an oil or natural
gas well drilled on or after January 1, 1999, that produces oil or natural gas
or a well that has not produced oil or natural gas during the 5 years
immediately preceding the first month of qualifying as a post-1999 well.
(17) (a) "Pre-1999 stripper well" means an oil well that was drilled before January 1, 1999, that produces more than 3 barrels a day but fewer than 10 barrels a day.
(b) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(16)(18) "Pre-1999 well" means an oil or natural
gas well that was drilled before January 1, 1999.
(17)(19) "Primary recovery" means the
displacement of oil from the earth into the wellbore by means of the natural
pressure of the oil reservoir and includes artificial lift.
(18)(20) "Production decline rate" means the
projected rate of future oil production, extrapolated by a method approved by
the board, that must be determined for a project area prior to commencing a new
or expanded enhanced recovery project or the recompletion of a well as a
horizontally completed well. The approved production decline rate must be
certified in writing to the department by the board. In that certification, the
board shall identify the project area and shall specify the projected rate of
future oil production by calendar year and by calendar quarter within each
year. The certified rate of future oil production must be used to determine the
volume of incremental production that qualifies for the tax rate imposed under 15-36-304(5)(e).
(19)(21) (a) "Qualifying production" means
the first 12 months of production of oil or natural gas from a well drilled
after December 31, 1998, or the first 18 months of production of oil or natural
gas from a horizontally completed well drilled after December 31, 1998, or from
a well that has not produced oil or natural gas during the 5 years immediately
preceding the first month of qualifying production.
(b) Qualifying production does not include oil production from a horizontally recompleted well.
(20)(22) "Secondary recovery project" means an
enhanced recovery project, other than a tertiary recovery project, that
commenced or was expanded after December 31, 1993, and meets each of the
following requirements:
(a) The project must be certified as a secondary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated according to the specifications required by the board.
(c) The project must involve the application of secondary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of oil that may potentially be recovered. For purposes of this part, secondary recovery methods include but are not limited to:
(i) the injection of water into the producing formation for the purposes of maintaining pressure in that formation or for the purpose of increasing the flow of oil from the producing formation to a producing wellbore; or
(ii) any other method approved by the board as a secondary recovery method.
(21)(23) "Stripper natural gas" means the natural
gas produced from any well that produces less than 60,000 cubic feet of natural
gas a day during the calendar year immediately preceding the current year.
Production must be determined by dividing the amount of production from a lease
or unitized area for the year immediately preceding the current calendar year
by the number of producing wells in the lease or unitized area and by dividing
the resulting quotient by 365.
(22) (a) "Stripper oil" means the oil produced from any well that produces more than 3 barrels but fewer than 15 barrels a day for the calendar year immediately preceding the current year if the average price for a barrel of west Texas intermediate crude oil during a calendar quarter is less than $30. If the price of oil is equal to or greater than $30 a barrel in a calendar quarter, there is no stripper tax rate in that quarter.
(b) The average price for a barrel is computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(c) Production must be determined by dividing the amount of production from a lease or unitized area for the year immediately preceding the current calendar year by the number of producing wells in the lease or unitized area and then dividing the resulting quotient by 365.
(23)(24) "Stripper well exemption" or
"stripper well bonus" means petroleum and other mineral or crude oil
produced by a stripper well that produces 3 barrels a day or less. Production
from this type of well must be determined as provided in subsection (22)(c)
(15)(c).
(24)(25) "Tertiary recovery project" means an
enhanced recovery project, other than a secondary recovery project, using a
tertiary recovery method that meets the following requirements:
(a) The project must be certified as a tertiary recovery project to the department by the board. The certification may be extended only after notice and hearing in accordance with Title 2, chapter 4.
(b) The property to be affected by the project must be adequately delineated in the certification according to the specifications required by the board.
(c) The project must involve the application of one or more tertiary recovery methods that can reasonably be expected to result in an increase, determined by the board to be significant in light of all the facts and circumstances, in the amount of crude oil that may potentially be recovered. For purposes of this part, tertiary recovery methods include but are not limited to:
(i) miscible fluid displacement;
(ii) steam drive injection;
(iii) micellar/emulsion flooding;
(iv) in situ combustion;
(v) polymer augmented water flooding;
(vi) cyclic steam injection;
(vii) alkaline or caustic flooding;
(viii) carbon dioxide water flooding;
(ix) immiscible carbon dioxide displacement; and
(x) any other method approved by the board as a tertiary recovery method.
(25)(26) "Well" or "wells" means a
single well or a group of wells in one field or production unit and under the
control of one operator or producer.
(26)(27) "Working interest owner" means the owner
of an interest in an oil or natural gas well or wells who bears any portion of
the exploration, development, and operating costs of the well or wells."
Section 6. Section 15-36-304, MCA, is amended to read:
"15-36-304. Production tax rates imposed on oil and natural gas -- exemption. (1) The production of oil and natural gas is taxed as provided in this section. The tax is distributed as provided in 15-36-331 and 15-36-332.
(2) Natural gas is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
|
|
Working |
Nonworking |
|
|
Interest |
Interest |
|
(a) (i) first 12 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 12 months: |
|
|
|
(A) pre-1999 wells |
14.8% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(b) stripper natural gas pre-1999 wells |
11% |
14.8% |
|
(c) horizontally completed well production: |
|
|
|
(i) first 18 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 18 months |
9% |
14.8% |
(3) The reduced tax rates under subsection (2)(a)(i) on production for the first 12 months of natural gas production from a well begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(4) The reduced tax rates under subsection (2)(c)(i) on production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(5) Oil is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
(6) (a) The reduced tax rates under subsection (5)(a)(i) for the first 12 months of oil production from a well begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that notification has been given to the department.
(b) (i) The reduced tax rates under subsection (5)(d)(i) on oil production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally completed well to the department by the board.
(ii) The reduced tax rates under subsection (5)(f)(i) on oil production from a horizontally recompleted well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally recompleted well to the department by the board.
(c) New or expanded secondary recovery production is taxed as provided in subsection (5)(e)(i) only if the average price for a barrel of west Texas intermediate crude reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54. If the price of oil is equal to or greater than $54 a barrel in a calendar quarter as determined in subsection (6)(e), then new or expanded secondary recovery production from pre-1999 wells and from post-1999 wells is taxed at the rate imposed on primary recovery production under subsections (5)(a)(ii)(A) and (5)(a)(ii)(B), respectively, for production occurring in that quarter, other than exempt stripper well production.
(d) (i) Stripper Pre-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(i) (5)(b)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no pre-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as pre-1999 stripper well bonus bonus production.
(e) (i) Post-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no post-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as stripper well bonus production.
(ii) Stripper well bonus production is subject to taxation as provided in subsection (5)(c)(ii)(B) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is equal to or greater than $54 a barrel.
(e) For the purposes of subsection (6)(c), the average price for each barrel must be computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(7) The tax rates imposed under subsections (2) and (5) on working interest owners and nonworking interest owners must be adjusted to include the privilege and license tax adopted by the board of oil and gas conservation pursuant to 82-11-131 and the tax for the oil and gas natural resource distribution account. The total of the privilege and license tax and the tax for the oil and gas natural resource distribution account established in 90-6-1001(1) is 0.3%.
(8) Any interest in production owned by the state or a local government is exempt from taxation under this section."
Section 7. Section 15-36-304, MCA, is amended to read:
"15-36-304. Production tax rates imposed on oil and natural gas -- exemption. (1) The production of oil and natural gas is taxed as provided in this section. The tax is distributed as provided in 15-36-331 and 15-36-332.
(2) Natural gas is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
|
|
Working |
Nonworking |
|
|
Interest |
Interest |
|
(a) (i) first 12 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 12 months: |
|
|
|
(A) pre-1999 wells |
14.8% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(b) stripper natural gas pre-1999 wells |
11% |
14.8% |
|
(c) horizontally completed well production: |
|
|
|
(i) first 18 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 18 months |
9% |
14.8% |
(3) The reduced tax rates under subsection (2)(a)(i) on production for the first 12 months of natural gas production from a well begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(4) The reduced tax rates under subsection (2)(c)(i) on production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(5) Oil is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
|
|
Working |
Nonworking |
|
|
Interest |
Interest |
|
(a) primary recovery production: |
|
|
|
(i) first 12 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 12 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(b) (i) pre-1999 stripper oil production: wells |
9.2% |
14.8% |
|
(ii) (A) pre-1999 stripper well exemption production (B) pre-1999 stripper well bonus production (c) (i) post-1999 stripper wells: (A) first 1 through 10 barrels a day production |
0.5% 5%
5.5% |
14.8% 14.8%
14.8% |
|
(B) more than 10 barrels a day production |
9.0% |
14.8% |
|
(ii) (A) post-1999 stripper well exemption production |
0.5% |
14.8% |
|
(B) post-1999 stripper well bonus production |
6.0% |
14.8% |
|
(d) horizontally completed well production: |
|
|
|
(i) first 18 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 18 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(e) incremental production: |
|
|
|
(i) new or expanded secondary recovery production |
8.5% |
14.8% |
|
(ii) new or expanded tertiary production |
5.8% |
14.8% |
|
(f) horizontally recompleted well: |
|
|
|
(i) first 18 months |
5.5% |
14.8% |
|
(ii) after 18 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
(6) (a) The reduced tax rates under subsection (5)(a)(i) for the first 12 months of oil production from a well begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that notification has been given to the department.
(b) (i) The reduced tax rates under subsection (5)(d)(i) on oil production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally completed well to the department by the board.
(ii) The reduced tax rates under subsection (5)(f)(i) on oil production from a horizontally recompleted well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally recompleted well to the department by the board.
(c) New or expanded secondary recovery production is taxed as provided in subsection (5)(e)(i) only if the average price for a barrel of west Texas intermediate crude reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54. If the price of oil is equal to or greater than $54 a barrel in a calendar quarter as determined in subsection (6)(e), then new or expanded secondary recovery production from pre-1999 wells and from post-1999 wells is taxed at the rate imposed on primary recovery production under subsections (5)(a)(ii)(A) and (5)(a)(ii)(B), respectively, for production occurring in that quarter, other than exempt stripper well production.
(d) (i) Stripper Pre-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(i) (5)(b)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no pre-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as pre-1999 stripper well bonus production.
(e) (i) Post-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no post-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as stripper well bonus production.
(ii) Stripper well bonus production is subject to taxation as provided in subsection (5)(c)(ii)(B) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is equal to or greater than $54 a barrel.
(e) For the purposes of subsection (6)(c), the average price for each barrel must be computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(7) The tax rates imposed under subsections (2) and (5) on working interest owners and nonworking interest owners must be adjusted to include the privilege and license tax adopted by the board of oil and gas conservation pursuant to 82-11-131 and the tax for the oil and gas natural resource distribution account. The total of the privilege and license tax and the tax for the oil and gas natural resource distribution account established in 90-6-1001(1) is 0.3%.
(8) Any interest in production owned by the state or a local government is exempt from taxation under this section."
Section 8. Section 15-36-304, MCA, is amended to read:
"15-36-304. Production tax rates imposed on oil and natural gas -- exemption. (1) The production of oil and natural gas is taxed as provided in this section. The tax is distributed as provided in 15-36-331 and 15-36-332.
(2) Natural gas is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
|
|
Working |
Nonworking |
|
|
Interest |
Interest |
|
(a) (i) first 12 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 12 months: |
|
|
|
(A) pre-1999 wells |
14.8% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(b) stripper natural gas pre-1999 wells |
11% |
14.8% |
|
(c) horizontally completed well production: |
|
|
|
(i) first 18 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 18 months |
9% |
14.8% |
(3) The reduced tax rates under subsection (2)(a)(i) on production for the first 12 months of natural gas production from a well begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(4) The reduced tax rates under subsection (2)(c)(i) on production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(5) Oil is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
|
|
Working |
Nonworking |
|
|
Interest |
Interest |
|
(a) primary recovery production: |
|
|
|
(i) first 12 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 12 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(b) (i) pre-1999 stripper oil production: wells |
9.2% |
14.8% |
|
(ii) (A) pre-1999 stripper well exemption production (B) pre-1999 stripper well bonus production (c) (i) post-1999 stripper wells: (A) first 1 through 10 barrels a day production |
0.5% 5%
5.5% |
14.8% 14.8%
14.8% |
|
((B) more than 10 barrels a day production |
9.0% |
14.8% |
|
(ii)(i) (A) post-1999 stripper well exemption production |
0.5% |
14.8% |
|
(B) post-1999 stripper well bonus production |
6.0% |
14.8% |
|
(d) horizontally completed well production: |
|
|
|
(i) first 18 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 18 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(e) incremental production: |
|
|
|
(i) new or expanded secondary recovery production |
8.5% |
14.8% |
|
(ii) new or expanded tertiary production |
5.8% |
14.8% |
|
(f) horizontally recompleted well: |
|
|
|
(i) first 18 months |
5.5% |
14.8% |
|
(ii) after 18 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
(6) (a) The reduced tax rates under subsection (5)(a)(i) for the first 12 months of oil production from a well begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that notification has been given to the department.
(b) (i) The reduced tax rates under subsection (5)(d)(i) on oil production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally completed well to the department by the board.
(ii) The reduced tax rates under subsection (5)(f)(i) on oil production from a horizontally recompleted well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally recompleted well to the department by the board.
(c) New or expanded secondary recovery production is taxed as provided in subsection (5)(e)(i) only if the average price for a barrel of west Texas intermediate crude reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54. If the price of oil is equal to or greater than $54 a barrel in a calendar quarter as determined in subsection (6)(e), then new or expanded secondary recovery production from pre-1999 wells and from post-1999 wells is taxed at the rate imposed on primary recovery production under subsections (5)(a)(ii)(A) and (5)(a)(ii)(B), respectively, for production occurring in that quarter, other than exempt stripper well production.
(d) (i) Stripper Pre-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(i) (5)(b)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no pre-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as pre-1999 stripper well bonus production.
(e) (i) Post-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no post-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as stripper well bonus production.
(ii) Stripper well bonus production is subject to taxation as provided in subsection (5)(c)(ii)(B) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is equal to or greater than $54 a barrel.
(e) For the purposes of subsection (6)(c), the average price for each barrel must be computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(7) The tax rates imposed under subsections (2) and (5) on working interest owners and nonworking interest owners must be adjusted to include the privilege and license tax adopted by the board of oil and gas conservation pursuant to 82-11-131 and the tax for the oil and gas natural resource distribution account. The total of the privilege and license tax and the tax for the oil and gas natural resource distribution account established in 90-6-1001(1) is 0.3%.
(8) Any interest in production owned by the state or a local government is exempt from taxation under this section."
Section 9. Section 15-36-304, MCA, is amended to read:
"15-36-304. Production tax rates imposed on oil and natural gas -- exemption. (1) The production of oil and natural gas is taxed as provided in this section. The tax is distributed as provided in 15-36-331 and 15-36-332.
(2) Natural gas is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
|
|
Working |
Nonworking |
|
|
Interest |
Interest |
|
(a) (i) first 12 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 12 months: |
|
|
|
(A) pre-1999 wells |
14.8% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(b) stripper natural gas pre-1999 wells |
11% |
14.8% |
|
(c) horizontally completed well production: |
|
|
|
(i) first 18 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 18 months |
9% |
14.8% |
(3) The reduced tax rates under subsection (2)(a)(i) on production for the first 12 months of natural gas production from a well begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(4) The reduced tax rates under subsection (2)(c)(i) on production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(5) Oil is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
|
|
Working |
Nonworking |
|
|
Interest |
Interest |
|
(a) primary recovery production: |
|
|
|
(i) first 12 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 12 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(b) (i) pre-1999 stripper oil production: wells |
9.2% |
14.8% |
|
(ii) (A) pre-1999 stripper well exemption production (B) pre-1999 stripper well bonus production (c) (i) post-1999 stripper wells: (A) first 1 through 10 barrels a day production |
0.5% 5%
5.5% |
14.8% 14.8%
14.8% |
|
(B) more than 10 barrels a day production |
9.0% |
14.8% |
|
(ii)(i) (A) post-1999 stripper well exemption production |
0.5% |
14.8% |
|
|
6.0% |
14.8% |
|
(d) horizontally completed well production: |
|
|
|
(i) first 18 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 18 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(e) incremental production: |
|
|
|
(i) new or expanded secondary recovery production |
8.5% |
14.8% |
|
(ii) new or expanded tertiary production |
5.8% |
14.8% |
|
(f) horizontally recompleted well: |
|
|
|
(i) first 18 months |
5.5% |
14.8% |
|
(ii) after 18 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
(6) (a) The reduced tax rates under subsection (5)(a)(i) for the first 12 months of oil production from a well begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that notification has been given to the department.
(b) (i) The reduced tax rates under subsection (5)(d)(i) on oil production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally completed well to the department by the board.
(ii) The reduced tax rates under subsection (5)(f)(i) on oil production from a horizontally recompleted well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally recompleted well to the department by the board.
(c) New or expanded secondary recovery production is taxed as provided in subsection (5)(e)(i) only if the average price for a barrel of west Texas intermediate crude reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54. If the price of oil is equal to or greater than $54 a barrel in a calendar quarter as determined in subsection (6)(e), then new or expanded secondary recovery production from pre-1999 wells and from post-1999 wells is taxed at the rate imposed on primary recovery production under subsections (5)(a)(ii)(A) and (5)(a)(ii)(B), respectively, for production occurring in that quarter, other than exempt stripper well production.
(d) (i) Stripper Pre-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(i) (5)(b)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no pre-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as pre-1999 stripper well bonus production.
(e) (i) Post-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no post-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as stripper well bonus production.
(ii) Stripper well bonus production is subject to taxation as provided in subsection (5)(c)(ii)(B) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is equal to or greater than $54 a barrel.
(e) For the purposes of subsection (6)(c), the average price for each barrel must be computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(7) The tax rates imposed under subsections (2) and (5) on working interest owners and nonworking interest owners must be adjusted to include the privilege and license tax adopted by the board of oil and gas conservation pursuant to 82-11-131 and the tax for the oil and gas natural resource distribution account. The total of the privilege and license tax and the tax for the oil and gas natural resource distribution account established in 90-6-1001(1) is 0.3%.
(8) Any interest in production owned by the state or a local government is exempt from taxation under this section."
Section 10. Section 15-36-304, MCA, is amended to read:
"15-36-304. Production tax rates imposed on oil and natural gas -- exemption. (1) The production of oil and natural gas is taxed as provided in this section. The tax is distributed as provided in 15-36-331 and 15-36-332.
(2) Natural gas is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
|
|
Working |
Nonworking |
|
|
Interest |
Interest |
|
(a) (i) first 12 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 12 months: |
|
|
|
(A) pre-1999 wells |
14.8% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(b) stripper natural gas pre-1999 wells |
11% |
14.8% |
|
(c) horizontally completed well production: |
|
|
|
(i) first 18 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 18 months |
9% |
14.8% |
(3) The reduced tax rates under subsection (2)(a)(i) on production for the first 12 months of natural gas production from a well begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(4) The reduced tax rates under subsection (2)(c)(i) on production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which natural gas is placed in a natural gas distribution system, provided that notification has been given to the department.
(5) Oil is taxed on the gross taxable value of production based on the type of well and type of production according to the following schedule for working interest and nonworking interest owners:
|
|
Working |
Nonworking |
|
|
Interest |
Interest |
|
(a) primary recovery production: |
|
|
|
(i) first 12 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 12 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(b) (i) pre-1999 stripper oil production: wells |
9.2% |
14.8% |
|
(ii) (A) pre-1999 stripper well exemption production (B) pre-1999 stripper well bonus production (c) (i) post-1999 stripper wells: (A) first 1 through 10 barrels a day production |
0.5% 5%
5.5% |
14.8% 14.8%
14.8% |
|
(B) more than 10 barrels a day production |
9.0% |
14.8% |
|
(ii)(i) (A) post-1999 stripper well exemption production |
0.5% |
14.8% |
|
|
6.0% |
14.8% |
|
(d) horizontally completed well production: |
|
|
|
(i) first 18 months of qualifying production |
0.5% |
14.8% |
|
(ii) after 18 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
|
(e) incremental production: |
|
|
|
(i) new or expanded secondary recovery production |
8.5% |
14.8% |
|
(ii) new or expanded tertiary production |
5.8% |
14.8% |
|
(f) horizontally recompleted well: |
|
|
|
(i) first 18 months |
5.5% |
14.8% |
|
(ii) after 18 months: |
|
|
|
(A) pre-1999 wells |
12.5% |
14.8% |
|
(B) post-1999 wells |
9% |
14.8% |
(6) (a) The reduced tax rates under subsection (5)(a)(i) for the first 12 months of oil production from a well begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows, provided that notification has been given to the department.
(b) (i) The reduced tax rates under subsection (5)(d)(i) on oil production from a horizontally completed well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally completed well to the department by the board.
(ii) The reduced tax rates under subsection (5)(f)(i) on oil production from a horizontally recompleted well for the first 18 months of production begin following the last day of the calendar month immediately preceding the month in which oil is pumped or flows if the well has been certified as a horizontally recompleted well to the department by the board.
(c) New or expanded secondary recovery production is taxed as provided in subsection (5)(e)(i) only if the average price for a barrel of west Texas intermediate crude reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54. If the price of oil is equal to or greater than $54 a barrel in a calendar quarter as determined in subsection (6)(e), then new or expanded secondary recovery production from pre-1999 wells and from post-1999 wells is taxed at the rate imposed on primary recovery production under subsections (5)(a)(ii)(A) and (5)(a)(ii)(B), respectively, for production occurring in that quarter, other than exempt stripper well production.
(d) (i) Stripper Pre-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(i) (5)(b)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no pre-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as pre-1999 stripper well bonus production.
(e) (i) Post-1999 stripper well exemption production is taxed as provided in subsection (5)(c)(ii)(A) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is less than $54 a barrel. If the price of oil is equal to or greater than $54 a barrel, there is no post-1999 stripper well exemption tax rate and oil produced from a well that produces 3 barrels a day or less is taxed as stripper well bonus production.
(ii) Stripper well bonus production is subject to taxation as provided in subsection (5)(c)(ii)(B) only if the average price reported and received by the producer for Montana oil marketed during a calendar quarter is equal to or greater than $54 a barrel.
(e) For the purposes of subsection (6)(c), the average price for each barrel must be computed by dividing the sum of the daily price for a barrel of west Texas intermediate crude oil for the calendar quarter by the number of days on which the price was reported in the quarter.
(7) The tax rates imposed under subsections (2) and (5) on working interest owners and nonworking interest owners must be adjusted to include the privilege and license tax adopted by the board of oil and gas conservation pursuant to 82-11-131 and the tax for the oil and gas natural resource distribution account. The total of the privilege and license tax and the tax for the oil and gas natural resource distribution account established in 90-6-1001(1) is 0.3%.
(8) Any interest in production owned by the state or a local government is exempt from taxation under this section."
Section 11. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Section 12. Effective dates -- applicability. (1) Except as provided in subsections (2) through (6), [this act] is effective July 1, 2021.
(2) [Sections 1 and 6] are effective January 1, 2022, and apply to the calendar year beginning after December 31, 2021.
(3) [Sections 2 and 7] are effective January 1, 2023, and apply to the calendar year beginning after December 31, 2022.
(4) [Sections 3 and 8] are effective January 1, 2024, and apply to the income calendar year beginning after December 31, 2023.
(5) [Sections 4 and 9] are effective January 1, 2025, and apply to the calendar year beginning after December 31, 2024.
(6) [Sections 5 and 10] are effective January 1, 2026, and apply to calendar years beginning after December 31, 2025.
Section 13. Termination. (1) [Sections 1 and 6] terminate December 31, 2022.
(2) [Sections 2 and 7] terminate December 31, 2023.
(3) [Sections 3 and 8] terminate December 31, 2024.
(4) [Sections 4 and 9] terminate December 31, 2025.
(5) [Section 14] terminates January 1, 2025.
Section 14. Contingent termination -- legislative intent -- specific findings -- report to legislative finance committee. (1) The legislature intends to provide the tax relief provided by [this act] while also preventing the loss of federal funds that are available to the state as part of the recently enacted American Rescue Plan Act, Public Law 117-2. The contingent termination provisions in subsections (2) through (5) are limited to the duration of time established by each subsection and are necessary based on the lack of information available to the legislature from the federal government at the time of enactment of [this act].
(2) [Sections 1 and 6] terminate on the date that the budget director provides the certification provided for in subsection (7). In order to be effective, the certification must be made in calendar year 2021.
(3) [Sections 2 and 7] terminate on the date that the budget director provides the certification provided for in subsection (7). In order to be effective, the certification must be made between October 1, 2022, and December 31, 2022.
(4) [Sections 3 and 8] terminate on the date that the budget director provides the certification provided for in subsection (7). In order to be effective, the certification must be made between October 1, 2023, and December 31, 2023.
(5) [Sections 4 and 9] terminate on the date that the budget director provides the certification provided for in subsection (7). In order to be effective, the certification must be made between October 1, 2024, and December 31, 2024.
(6) (a) The budget director shall continually evaluate whether implementation of a section of [this act] will:
(i) result in a reduction of funds from the American Rescue Plan Act; or
(ii) require the state to repay or refund to the federal government pursuant to the American Rescue Plan Act.
(b) The budget director shall consider guidance from:
(i) the federal government about the American Rescue Plan Act;
(ii) court decisions about the American Rescue Plan Act;
(iii) amendments to the American Rescue Plan Act;
(iv) any information provided by the attorney general; and
(v) other relevant information about the American Rescue Plan Act.
(c) If the budget director determines that the implementation of a section of [this act] may satisfy the criteria in subsection (6)(a) based on the guidance in subsection (6)(b), the budget director shall notify the legislative finance committee of the preliminary determination. The budget director's notification of the preliminary determination may occur after January 1 but no later than December 10 of each of the calendar years 2021, 2022, 2023, and 2024. Within 20 days of notification, the legislative finance committee shall provide the budget director with any recommendations concerning the preliminary determination. The budget director shall consider any recommendations of the legislative finance committee.
(7) If the budget director determines that the implementation of a section of [this act] would more likely than not satisfy the criteria in subsection (6)(a) based on the guidance in subsection (6)(b) and the recommendations of the legislative finance committee in subsection (6)(c), the budget director shall provide certification in writing to the legislative finance committee and the code commissioner of the occurrence of the relevant contingency provided for in subsections (2) through (5).