Kentucky Laws and Incentives
Listed below are the summaries of all current Kentucky laws, incentives, regulations, funding opportunities, and other initiatives related to alternative fuels and vehicles, advanced technologies, or air quality. You can go directly to summaries of:
On-Farm Biofuel Production Grants
The Governor's Office of Agricultural Policy provides grants through the County Agricultural Investment Program for on-farm energy efficiency and renewable energy production projects, including funding for equipment, structures, or other supplies necessary to convert biomass crops into useable energy or to convert grains and oilseeds into ethanol or biodiesel for use in on-farm equipment. Fuels produced on a farm with assistance through this program may not be used as transportation fuels for highway use. Applicants are encouraged to review manufacturers' warranties and specifications before using the fuels in any on-farm equipment. For more information, see the Kentucky Agricultural Development Fund website.
Biodiesel Production and Blending Tax Credit
Qualified biodiesel producers or blenders are eligible for an income tax credit of $1.00 per gallon of pure biodiesel (B100) or renewable diesel produced or used in the blending process. Re-blending of blended biodiesel does not qualify for the tax credit. The total amount of credits claimed by all biodiesel producers may not exceed the annual biodiesel tax credit cap of $10 million. Unused credits may not be carried forward. For the purpose of this credit, biodiesel must meet ASTM specification D6751, and renewable diesel is defined as a renewable, biodegradable, non-ester combustible liquid derived from biomass resources that meets ASTM specification D975. (Reference Kentucky Revised Statutes 141.422 to 141.424)
Ethanol Production Tax Credit
Qualified ethanol producers are eligible for an income tax credit of $1.00 per gallon of corn- or cellulosic-based ethanol that meets ASTM specification D4806. The total credit amount available for producers is $5 million for each fuel type in each taxable year. Unused ethanol credits from one ethanol-based cap, such as corn, may be applied to another ethanol-based cap, such as cellulosic, in the same taxable year. Unused credits may not be carried forward. Feedstock eligibility restrictions may apply. (Reference Kentucky Revised Statutes 141.422 and 141.4242 to 141.4248)
Alternative Fuel Production Tax Incentives - Kentucky Enterprise Initiative Act (KEIA)
Effective July 14, 2018, companies engaged in energy-efficient alternative fuel production, alternative fuel production, and gasification may be eligible for an incentive through KEIA. KEIA provides a refund of Kentucky sales and use tax paid by approved companies for building and construction materials for the acquisition, construction, or expansion of a new or existing facility or eligible equipment used in research and development. Energy-efficient alternative fuels are defined as homogeneous fuels that are produced from processes designed to densify feedstocks such as coal, waste coal, or biomass resources and have an energy content that is greater than the feedstock. For more information, including qualifications and the application process, see the Kentucky Business Incentives and Financial Programs website. (Reference House Bill 557, 2018, and Kentucky Revised Statutes 154.31)
Alternative Fuel Production Tax Incentives - Kentucky Business Investment (KBI) Program
Effective July 14, 2018, companies engaged in energy-efficient alternative fuel production, alternative fuel production, and gasification may be eligible for the KBI Program. The KBI Program provides income tax credits and wage assessment incentives to eligible companies that locate or expand operations in Kentucky. Energy-efficient alternative fuels are defined as homogeneous fuels that are produced from processes designed to densify feedstocks such as coal, waste coal, or biomass resources and have an energy content that is greater than the feedstock. The incentive offsets eligible expenses for up to 15 years for an economic development project located in an enhanced incentive county or 10 years for an economic development project located in another county. An approved company may be eligible for a credit of up to 100% of the Kentucky corporate income or limited liability entity tax liability and wage assessment fees are available. For more information, including qualifications and the application process, see the Kentucky Business Incentives and Financial Programs website. (Reference House Bill 557, 2018, and Kentucky Revised Statutes 154.31)
Alternative Fuel Production Tax Incentives
Through the Incentives for Energy Independence Act program, the Kentucky Economic Development Finance Authority (KEDFA) provides tax incentives to construct, retrofit, or upgrade an alternative fuel production or gasification facility that uses coal or biomass as a feedstock. KEDFA also provides tax incentives for energy-efficient alternative fuel production facilities and for up to five alternative fuel production facilities that use natural gas or natural gas liquids as a feedstock. Energy-efficient alternative fuels are defined as homogeneous fuels that are produced from processes designed to densify feedstocks such as coal, waste coal, or biomass resources and have an energy content that is greater than the feedstock. The incentives may consist of: 1) a refund of up to 100% of the state sales tax paid on the purchase of personal property used to construct, retrofit, or upgrade the facility; 2) a credit of up to 100% of an approved company's state income tax and limited liability entity tax that the project generates; 3) up to 4% of the wage assessment of employees whose jobs were created as a result of the construction, retrofit, upgrade, or operation of a qualified facility; and 4) a credit for up to 80% of the severance tax paid for coal, natural gas, or natural gas liquids used as a feedstock. KEDFA may allow advance incentive disbursement to encourage the use of in-state labor for facility construction.
The incentives expire at the time of receipt of the authorized amount or 25 years from activation of the project, whichever occurs first. Approved companies may recover up to 50% of their capital investment via the authorized tax incentives. The minimum capital investment for incentive eligibility is $25 million for an alternative fuel or gasification facility that uses biomass as the primary feedstock; $100 million for an alternative fuel or gasification facility that uses coal, oil shale, or tar sands as the primary feedstock; $25 million for an energy-efficient alternative fuel facility; and $1 million for a facility that uses natural gas or natural gas liquids as the primary feedstock.
To apply for the incentive, an eligible taxpayer must submit a $1,000 non-refundable application fee and remit payment for any other fees in connection with the project, including administrative, legal, and consulting fees. For more information, see the Kentucky Business Incentives and Financial Programs website. KEDFA will not accept applications after August 1, 2018.
Alternative Fuel Research, Development, and Promotion
The Kentucky New Energy Ventures (KNEV) program provides matching grants and investments to companies for research, development, and commercialization of alternative fuels and renewable energy. KNEV is designed to: 1) grow Kentucky-based alternative fuel and renewable energy companies to promote commonwealth-wide, innovation-driven economic growth; 2) stimulate private investment in Kentucky-based alternative fuel and renewable energy enterprises; 3) expand the alternative fuel and renewable energy knowledge base, talent force, and industry in Kentucky; 4) develop an alternative fuel and renewable energy resource network to build the technical and business capacity of entrepreneurs through informal and formal strategic support; and 5) build commonwealth-wide awareness of the economic development opportunities Kentucky's alternative fuel and renewable energy industry offers. For the purposes of KNEV, alternative fuels include biodiesel, ethanol, cellulosic ethanol, synthetic natural gas, fuels produced from coal, waste coal, or extract oil from oil shale, and other fuels produced from a renewable or sustainable source. Eligible companies must be based in Kentucky, have 150 or fewer employees, and work to develop or commercialize alternative fuel and renewable energy products, processes, and services. For more information, including information on the application process, see the KNEV program website. (Reference Kentucky Revised Statutes 154.20-410 and 154.20-415)
Propane Excise Tax Exemption
Propane is exempt from the state excise tax when it is used to operate motor vehicles on public highways provided that vehicles are equipped with carburetion systems approved by the Kentucky Energy and Environment Cabinet or fuel systems that meet Federal Motor Vehicle Safety Standards contained in Title 49 of the Code of Federal Regulations, section 571. (Reference Kentucky Revised Statutes 234.321)
Laws and Regulations
Volkswagen Settlement Allocation
The Kentucky General Assembly must approve the allocation of any funds the Commonwealth receives from the Volkswagen Mitigation Trust Agreement. Kentucky will hold all funds received from the environmental mitigation trust pursuant to the Partial Consent Decree in a trust and agency account. The Kentucky Energy and Environment Cabinet must administer the funds. (Reference House Bill 366, 2018, and Kentucky Revised Statutes 224.10)
Alternative Fuel and Conversion Definitions
Clean transportation fuels include propane, compressed natural gas (CNG), liquefied natural gas (LNG), electricity, and other transportation fuels determined to be comparable with respect to emissions. Propane is defined as a hydrocarbon mixture produced as a by-product of natural gas processing and petroleum refining and condensed into liquid form for sale or use as a motor fuel. CNG is defined as pipeline-quality natural gas that is compressed and provided for sale or use as a motor vehicle fuel. LNG is defined as pipeline-quality natural gas treated to remove water, hydrogen sulfide, carbon dioxide, and other components that will freeze and condense into liquid form for sale or use as a motor vehicle fuel.
A bi-fuel system is defined as the power system for motor vehicles powered by gasoline and either CNG or LNG. Bi-fuel systems are considered clean fuel systems. Conversion is defined as repowering a motor vehicle or special mobile equipment by replacing its original gasoline or diesel powered engine with one capable of operating on clean transportation fuel or retrofitting a motor vehicle or special mobile equipment with parts that enable its original gasoline or diesel engine to operate on clean transportation fuel.
(Reference Kentucky Revised Statutes 186.750)
Natural Gas Vehicles Safety Regulations
Vehicles converted to operate on compressed natural gas (CNG), liquefied natural gas (LNG), or a bi-fuel system must be inspected for compliance with applicable Federal Motor Vehicle Safety Standards (FMVSS). The inspection must occur at the time of the conversion; every three years or 36,000 miles after the conversion, whichever comes first; and following any collision in which the vehicle was traveling at five miles per hour or greater. Vehicles originally designed and manufactured to use CNG or LNG must also be inspected for safety following any collision in which a vehicle was traveling at five miles per hour or greater. Any person who performs natural gas vehicle conversions must certify to the vehicle owner that the conversion does not affect any existing vehicle emissions or diagnostic systems, except as necessary for the conversion. The Kentucky Transportation Cabinet may establish regulations to qualify persons to perform safety inspections; modify FMVSS for state use; and identify converted vehicles and ensure compliance with applicable regulations. (Reference Kentucky Revised Statutes 186.752)
Compressed Natural Gas (CNG) Deregulation
The Kentucky Public Service Commission (Commission) may not regulate the rates, terms, or conditions of service for the sale of CNG to a fueling station, retailer, or to any end-user for use as a motor vehicle fuel. However, transporting, distributing, or delivering natural gas to a CNG retailer or end-user is subject to Commission regulations. (Reference Kentucky Revised Statutes 278.508)
Alternative Fuel Tax
An excise tax rate of 9% of the average wholesale price on a per gallon basis applies to all special fuels, including diesel, natural gas, liquefied petroleum gas (propane), ethanol, biodiesel, hydrogen, and any other combustible gases and liquids, excluding gasoline, used to propel motor vehicles. Additionally, a highway motor fuel tax of $0.02 per gallon applies to all special fuels. For taxation purposes, one gasoline gallon equivalent (GGE) of compressed natural gas (CNG) is equal to 5.66 pounds (lbs.) or 126.67 cubic feet. One GGE of liquefied natural gas (LNG) is equal to 6.06 lbs. (Reference Kentucky Administrative Regulations 103.43:330 and Kentucky Revised Statutes 131.130, 138.210, 138.220, and 138.226)
Low-Speed Electric Vehicle Access to Roadways
A low-speed vehicle is defined as a four-wheeled vehicle propelled by an electric motor, combustion-driven motor, or a combination of the two and designed to operate at speeds of up to 25 miles per hour (mph). Low-speed vehicles may operate on roads with posted speed limits of up to 35 mph provided that the vehicle has not been modified to increase its speed above the original standard manufactured limit. Low-speed vehicles may only cross roads with posted speed limits above 35 mph if the intersection is equipped with a traffic signal. Low-speed vehicles must display a vehicle identification number; be titled, registered, and insured as motor vehicles; and meet safety standards specified in Title 49 of the Code of Federal Regulations, section 571.500. (Reference Executive Order 2008-824, 2008, and Kentucky Revised Statutes 186.010 and 189.282)