Kansas 2023 2023-2024 Regular Session

Kansas Senate Bill SB126 Introduced / Fiscal Note

                    Division of the Budget 
Landon State Office Building 	Phone: (785) 296-2436 
900 SW Jackson Street, Room 504 	adam.c.proffitt@ks.gov 
Topeka, KS  66612 	http://budget.kansas.gov 
 
Adam Proffitt, Director 	Laura Kelly, Governor 
Division of the Budget 
 
February 6, 2023 
 
 
 
 
The Honorable Caryn Tyson, Chairperson 
Senate Committee on Assessment and Taxation 
300 SW 10th Avenue, Room 548-S 
Topeka, Kansas  66612 
 
Dear Senator Tyson: 
 
 SUBJECT: Fiscal Note for SB 126 by Senate Committee on Assessment and Taxation 
 
 In accordance with KSA 75-3715a, the following fiscal note concerning SB 126 is 
respectfully submitted to your committee. 
 
 SB 126 would create a new income tax credit for certain residential solar and wind energy 
property expenditures beginning in tax year 2023.  The income tax credit would only be allowed 
to be claimed by Kansas residents and would be equal to 100.0 percent of the amount claimed for 
the federal Residential Clean Energy Credit.  The tax credit would be non-refundable and could 
be carried forward to future tax years until the full amount of the credit has been used. 
 
Estimated State Fiscal Effect 
 	FY 2023 
SGF 
FY 2023 
All Funds 
FY 2024 
SGF 
FY 2024 
All Funds 
Revenue 	-- -- ($40,500,000) ($40,500,000) 
Expenditure 	-- -- $103,444 $103,444 
FTE Pos. 	-- -- -- -- 
 
 The Department of Revenue estimates that SB 126 would decrease State General Fund 
revenues by $40.5 million in FY 2024, $42.5 million in FY 2025, and $44.7 million in FY 2026.  
To formulate these estimates, the Department of Revenue reviewed data from the Internal Revenue 
Service that indicates that federal credits allowed for the federal Residential Clean Energy Credit 
for qualified solar electric property expenditures, qualified solar water heating expenditures, and 
small wind energy property expenditures were about $3.5 billion in tax year 2020. Assuming 
Kansas represents approximately 1.0 percent of the federal impact, Kansas individual income  The Honorable Caryn Tyson, Chairperson 
Page 2—SB 126 
 
 
taxpayers are estimated to qualify for approximately $35.0 million in federal Residential Clean 
Energy Credits in tax year 2020.  Assuming 5.0 percent growth in this credit, the impact in tax 
year 2023 or FY 2024 is approximately $40.5 million. 
 
 The Department indicates that the bill would require $103,444 from the State General Fund 
in FY 2024 to implement the bill and to modify the automated tax system. The required 
programming for this bill by itself would be performed by existing staff of the Department of 
Revenue.  In addition, if the combined effect of implementing this bill and other enacted legislation 
exceeds the Department’s programming resources, or if the time for implementing the changes is 
too short, additional expenditures for outside contract programmer services beyond the 
Department’s current budget may be required.  Any fiscal effect associated with SB 126 is not 
reflected in The FY 2024 Governor’s Budget Report. 
 
 
 
 
 	Sincerely, 
 
 
 
 	Adam Proffitt 
 	Director of the Budget 
 
 
cc: Lynn Robinson, Department of Revenue 
 Peter Barstad, Kansas Corporation Commission