Section 594. Assessment of oil and gas economic units  


Latest version.
  • 1. Oil and gas
      economic units shall be assessed only in the  manner  provided  in  this
      title.    Notwithstanding  the  provisions of subdivision two of section
      five hundred two of this article, oil and gas economic  units  shall  be
      assessed  in  the  name  of  the  producer  and  shall be described on a
      separate subsection of the taxable section of  the  assessment  roll  by
      such  identifying  characters  as the state board may prescribe by rule.
      For purposes of assessments under this title a producer may  certify  to
      each  assessor  the address to which the assessment for an economic unit
      and the notice pursuant to  subdivision  one  of  section  five  hundred
      ninety-five of this title shall be sent.
        2. Upon receipt of the appropriate unit of production values certified
      by  the  state  board,  each  assessor  shall  compute and determine, in
      accordance with rules promulgated by the state board, the assessed value
      of oil and gas economic units located in that assessing unit. Any  local
      officers,  including  school  authorities, having custody and control of
      the assessment roll when final unit of production values  are  certified
      by  the  state  board,  shall  make  the changes, if any, occurring as a
      result of such certification. Except as otherwise provided for  in  this
      subdivision  and subdivision three of this section, oil and gas economic
      units shall be assessed as follows: multiply (1) the appropriate unit of
      production value; times (2) the amount of production from that  economic
      unit  in  the  production  year; times (3) the latest state equalization
      rate or special equalization rate, except that where such  rate  exceeds
      or  would exceed one hundred, a special equalization rate of one hundred
      percent shall be established by the state board  for  purposes  of  this
      section. The value of all elements in an oil and gas economic unit shall
      be  deemed  to  be included in the value of such economic unit and shall
      not be separately assessed. Assessment of gas economic  units  shall  be
      based  on  actual measured annual production during the life of the well
      or wells in  that  unit  even  though  such  annual  production  may  be
      non-existent  due  to  non-connection,  non-completion, shut-in or other
      circumstances  which  prevent  production  of  oil  and/or  gas.  Annual
      production  of  the economic unit shall be based on the production year.
      The foregoing notwithstanding, upon the exercise of gas rights, each gas
      economic unit shall be subject to a minimum assessment for two one  year
      periods  based  on a minimum annual production equivalent of two million
      four hundred thousand cubic feet. Such minimums shall be applied  during
      the  life  of  the well in consecutive or nonconsecutive years, whenever
      such well has an annual production of less than two million four hundred
      thousand cubic feet. Upon completion of  the  second  year  minimum  tax
      assessment,  a  gas  economic  unit shall be assessed on actual measured
      annual production of gas. For purposes of assessing gas economic  units,
      no minimum assessment shall be applied to any gas economic unit existing
      on  or  before  January  first,  nineteen  hundred  eighty-six  and such
      economic  units  shall  be  assessed  only  on  actual  measured  annual
      production.  Oil economic units shall be assessed on the basis of actual
      measured annual production.
        3. Economic units including oil and gas rights contained therein shall
      not be eligible for any exemption from taxation except  as  provided  in
      the following circumstances:
        (a)  Oil  and gas rights and other elements of economic units shall be
      exempt from  taxation  if  owned  by  a  school  district  or  board  of
      cooperative educational services;
        (b)  Oil  and gas rights and other elements of economic units shall be
      exempt from taxation if owned  by  an  organization  whose  property  is
      exempt  from  taxation pursuant to section four hundred twenty-a of this
      chapter, except that such property shall be taxable to the  extent  that
    
      the  oil  and  gas  produced  is  sold  rather  than  used by the owner,
      regardless of the use to which the revenues are devoted;
        (c)  Unless  a  local  law,  ordinance  or resolution has been adopted
      pursuant to paragraph (a) of subdivision one  of  section  four  hundred
      twenty-b  of  this  chapter,  oil  and  gas rights and other elements of
      economic units shall be exempt from taxation if owned by an organization
      whose property is exempt pursuant to such section four hundred twenty-b,
      except that such property shall be taxable to the extent  that  the  oil
      and  gas  produced  is sold rather than used by the owner, regardless of
      the use to which the revenues are devoted; and
        (d) Oil and gas rights and other elements of economic units  shall  be
      exempt  from  taxation  if  the  gas  produced  in  the economic unit is
      collected from a landfill or used to power farm waste energy systems  or
      farm  waste  electric  generating  equipment, as such term is defined in
      section sixty-six-j of the public  service  law.  Such  exemption  shall
      apply  to  property  on  assessment  rolls based on taxable status dates
      occurring on or before December thirty-first, two thousand seventeen.
        4. Where an oil or gas economic unit is located within more  than  one
      assessing  unit,  the  appropriate  county  director or county directors
      shall certify to the assessors the percentage of capital  investment  in
      property  located  within  each  such assessing unit. The assessor shall
      apportion the assessment of economic units among  school  districts  and
      special  districts  based  upon  the  percentage  of  capital investment
      located within each such district.