COMMONWEALTH OF KENTUCKY LEGISLATIVE RESEARCH COMMISSION
GENERAL ASSEMBLY LOCAL MANDATE FISCAL IMPACT ESTIMATE
2007 SPECIAL SESSION 2 2007 INTERIM
MEASURE
2007 S2 BR
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9
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Amendment:
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Committee
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Floor
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Bill #:
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HB 1 HCS
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Amendment #
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SUBJECT/TITLE
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An ACT relating to the advancement of energy policy, science, technology, and innovation in the Commonwealth, making an appropriation therefor, and declaring an emergency.
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MANDATE SUMMARY
Unit of Government:
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City;
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X
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County;
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Urban-County
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Charter County
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Consolidated Local
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Program/
Office(s) Impacted:
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Fiscal court;
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Requirement:
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X
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Mandatory
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Optional
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Effect on
Powers & Duties
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X
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Modifies Existing
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X
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Adds New
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Eliminates Existing
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PURPOSE/MECHANICS
HB 1 HCS creates subchapter 27 of KRS Chapter 154, known as the "Incentives for Energy Independence Act". The subchapter sets forth definitions, purpose, application process, tax incentives, and monitoring procedures. It establishes a minimum investment requirement of:
1. $100 million for alternative fuel facilities and gasification facilities that use coal as a primary feedstock;
2. $25 million for alternative fuel facilities and gasification facilities that use biomass resources as a primary feedstock; and,
3. $1 million for renewable energy facilities.
It establishes the maximum recovery cap of 50% of the capital investment in the eligible project. The bill requires that all incentives be negotiated with the Kentucky Economic Development Finance Authority. Incentives for the Energy Independence Act include:
1. Up to 80% of the severance taxes paid on coal used as feedstock in an alternative fuel facility or gasification facility;
2. Up to 100% of the sales and use tax paid on the purchase of tangible personal property used to construct, retrofit, or upgrade an alternative fuel facility, a gasification facility, or a renewable energy facility;
3. Up to 100% of the Kentucky income tax and limited liability entity tax attributable to the eligible project; and,
4. Up to 4% wage assessments against employees whose jobs are created as a result of the eligible project.
Additional incentives include the following: In Section 17, a sales tax incentive for investment in machinery or equipment that increases energy efficiency by at least 15%, while maintaining or increasing the number of units produced. In Section 18, the coal tax credit in KRS 141.0405 is amended to expand to entities that qualify as alternative fuel facilities and gasification facilities that do not receive incentives under the Incentives for Energy Independence Act. In Section 20, the bill expands the biodiesel tax credit cap from $1.5 million to up to $10 million, and establishes an ethanol production credit and a cellulosic ethanol production credit of up to $5 million.
The bill creates a new section of KRS 56.770 to 56.784 to encourage the Finance and Administration Cabinet to employ energy saving strategies, and establishes the Governor's Office of Energy Policy. It attaches the Governor's Office of Energy Policy to the Office of the Governor. It requires the Finance and administration Cabinet to develop a strategy to replace at least 50% of the state owned passenger vehicles and light duty trucks with energy efficient vehicles.
HB 1 HCS creates the Kentucky Alternative Fuel and Renewable Energy Program and fund; establishes a student loan forgiveness program; and establishes an energy technology career track program. It establishes an engineering scholarship program and provides criteria for qualifications.
The bill appropriates the following in fiscal year 2007-2008 from the General Fund:
1. $5 million to the Governor's Office of Energy Policy;
2. $2 million to the University of Kentucky, Center for Applied Energy Research; and,
3. $300,000 to the Kentucky Development of Education for the Energy Technology Career Track Program.
Additionally, the bill appropriates $100 million to the Cabinet for Economic Development, Department of Financial Incentives, Economic Development Bond Pool to be used by KEDFA for advanced disbursements of a portion of the post-construction period incentives, as authorized in Section 9.
FISCAL EXPLANATION/BILL PROVISIONS
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ESTIMATED COST
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HB 1 HCS would primarily impact those counties that benefit from coal severance tax revenues, as the bill includes coal severance taxes as part of an approved company's long-term incentive package. However, the fiscal impact of the incentive program may not effect those counties for several years, as the permitting process may take up to two years, the building phase three years, and the delay in incentive payment one year after operations begin.
A positive revenue flow could be anticipated to occur in economic development to any local government centered near a facility site. A coal-to-natural gas plant is estimated to create 1,750 construction jobs, 250 permanent jobs for skilled workers at a plant, and 550 additional jobs for miners to produce the coal for the feedstock.
Change In The Distribution of Coal Severance Funds
Coal producing and coal impact counties benefit from coal severance tax allocations through the Local Government Economic Development Fund (LGEDF) and the Local Government Economic Assistance Fund (LGEAF). This tax , under KRS 143.020, imposes a tax at the rate of 4.5% of the gross value of all coal severed and or processed with a minimum tax set at $.50 per ton. (See the table at the end of this discussion for a list of the specific counties affected).
The bill's provisions allow an incentive of 80% of the coal severance taxes paid by an approved company on the purchase of coal specifically uses as feedstock. Incentive payments made pursuant to the incentives in Section 6 will be off-the-top appropriations earmarks from statutory formulas. One-half the 20% remaining revenues would go to the General Fund, and the other one-half (or 10% of the new revenues) would be available to counties through LGEDF and LGEAF.
Local Impact
If the amount of coal severed for use by an operational facility is greater than existing coal output, then these counties will benefit by new revenues, and will participate in a share of the 20% tax revenues collected after the incentive. The incentives would likely lead to increased demand for coal, which would lead to higher local distributions from coal severance tax. However, if the coal used as feedstock used by these facilities displaces other purchases of Kentucky coal, some of the increase could be eroded, and coal severance distributions to all recipients may decline negligibly.
Department for Local Government
Local Government Economic Assistance Fund
Quarter 3 - Fiscal Year 2007
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Coal Impact Counties
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Coal Producing Counties
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Anderson
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Bell
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Bath
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Breathitt
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Barren
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Clay
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Bourbon
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Daviess
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Boone
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Floyd
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Boyd
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Harlan
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Boyle
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Henderson
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Bracken
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Hopkins
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Bullitt
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Jackson
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Caldwell
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Johnson
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Campbell
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Knott
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Clark
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Knox
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Crittenden
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Laurel
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Fayette
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Lawrence
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Fleming
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Leslie
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Franklin
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Letcher
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Grant
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Magoffin
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Jefferson
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Martin
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Kenton
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Morgan
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Lee
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Muhlenberg
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Lincoln
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Ohio
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Livingston
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Owsley
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Lyon
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Perry
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McCreary
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Pike
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Mclean
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Union
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Madison
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Webster
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Mason
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Whitley
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Mercer
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Wolfe
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Montgomery
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Nelson
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Powell
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Pulaski
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Rockcastle
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Rowan
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Scott
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Shelby
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Washington
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Woodford
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Total - 38
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Total - 28
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Governor’s Office for Local Development
Local Government Economic Development Fund
Counties Currently Participating as of July 9, 2007
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Bell
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Boyd
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Breathitt
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Carter
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Christian
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Clay
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Crittenden
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Daviess
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Elliott
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Floyd
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Greenup
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Hancock
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Harlan
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Henderson
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Hopkins
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Jackson
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Johnson
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Knott
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Knox
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Laurel
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Lawrence
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Lee
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Leslie
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Letcher
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Mclean
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Magoffin
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Martin
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Menifee
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Morgan
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Muhlenberg
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Ohio
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Owsley
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Perry
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Pike
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Rockcastle
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Union
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Webster
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Whitley
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Total - 38
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DATA SOURCE(S)
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LRC staff; Office of State Budget Director; Louisville Courier-Journal.
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PREPARER
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Mary C. Yaeger
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REVIEW
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DATE
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Page 1
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