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 C. Proffitt, Director Laura Kelly, Governor Division of the Budget January 23, 2025 The Honorable Adam Smith, Chairperson House Committee on Taxation 300 SW 10th Avenue, Room 346-S Topeka, Kansas 66612 Dear Representative Smith: SUBJECT: Fiscal Note for HB 2012 by House Committee on Taxation In accordance with KSA 75-3715a, the following fiscal note concerning HB 2012 is respectfully submitted to your committee. HB 2012 would create a new non-refundable income tax credit for a retail dealer that sells higher ethanol blend at their service station or a distributor that sells higher ethanol blend directly to the final user located in this state. Higher ethanol blend is a fuel that is comprised of at least 15.0 percent but not more than 85.0 percent ethanol and is capable of being dispensed directly into motor vehicle fuel tanks for consumption. The amount of the income tax credit would be equal to $0.05 per gallon of higher ethanol blend sold by the retail dealer and or distributor. The bill would allow any unused tax credits to be carried forward for up to five years. The total amount of tax credits that could be claimed would be capped at $5.0 million per tax year and the tax credit could be claimed in tax years 2026 through 2031. The Department of Revenue indicates that it does not have data on retail sales of qualifying higher ethanol blend fuel to accurately estimate the fiscal effect of HB 2012. If the new credit is fully utilized, the bill would reduce State General Fund revenues by $5.0 million per tax year beginning in tax year 2026 or FY 2027. The Department indicates that the bill would require $219,111 from the State General Fund in FY 2026 to implement the bill and to modify the automated tax system. The bill would require the Department to hire 1.00 new Customer Service Representative FTE position to answer questions from taxpayers. The Department estimates that ongoing expenses for salaries and wages for the 1.00 new FTE position would total $72,182 from the State General Fund in FY 2027. 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 The Honorable Adam Smith, Chairperson Page 2—HB 2012 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 HB 2012 is not reflected in The FY 2026 Governor’s Budget Report. Sincerely, Adam C. Proffitt Director of the Budget cc: Lynn Robinson, Department of Revenue Lynn Retz, Kansas Corporation Commission