LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 6560 NOTE PREPARED: Feb 10, 2025 BILL NUMBER: SB 292 BILL AMENDED: Feb 4, 2025 SUBJECT: Short Line Railroad Tax Credit. FIRST AUTHOR: Sen. Doriot BILL STATUS: As Passed Senate FIRST SPONSOR: Rep. Heine FUNDS AFFECTED:XGENERAL IMPACT: State DEDICATED FEDERAL Summary of Legislation: The bill allows a taxpayer to claim a credit against state income tax liability for certain qualified railroad expenditures and qualified new rail infrastructure expenditures. It specifies the amount of the credit. The bill limits the total amount of credits that may be allowed in a state fiscal year to: (1) $10,000 for qualified railroad expenditures; and (2) $10,000 for qualified new rail infrastructure expenditures. Effective Date: January 1, 2025 (retroactive). Explanation of State Expenditures: Department of State Revenue (DOR): The DOR would incur additional administrative costs in implementing the tax credit established by the bill. DOR would have to revise tax forms, instructions, and software to reflect the changes made by the bill. DOR would also be required to certify credits and payments of qualified expenditures. The DOR’s current level of resources should be sufficient to implement these changes. Explanation of State Revenues: The bill establishes a nonrefundable Adjusted Gross Income (AGI) Tax credit for Class II or Class III railroad companies and owners or lessees of adjacent rail siding, industrial spurs, or industrial track. The credit is equal to 50% of the cost of qualifying expenses for both new rail infrastructure projects and for maintenance, reconstruction, or replacement of existing railroad infrastructure. The tax credit would reduce General Fund revenues by up to $20,000 in FY 2026 and FY 2027. The tax credit may be claimed against tax liability for eligible taxpayers in tax years 2025 through 2027. The credit expires December 31, 2027. Additional Information - As of 2021, one Class II railroad and 38 Class III railroads operated a combination of 1,549 miles of owned or leased rail in Indiana. The State Rail Plan reports annual funding of Industrial Rail Service Fund grants of $2.6 M for rehabilitation projects. The tax credit for qualified railroad expenditures may not be claimed on expenditures for maintenance, reconstruction, or replacement which receive a federal tax credit or are funded by a state or federal grant. Explanation of Local Expenditures: SB 292 1 Explanation of Local Revenues: State Agencies Affected: Department of State Revenue. Local Agencies Affected: Information Sources: Indiana Department of Transportation. 2021 Indiana State Rail Plan. https://www.in.gov/indot/files/INDOT_SRP_Combined_FINAL_Nov-2021-INDOT-website.pdf Fiscal Analyst: Camille Tesch, 317-232-5293. SB 292 2