Kansas Laws and Incentives

Listed below are the summaries of all current Kansas 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:

State Incentives

Alternative Fuel Vehicle (AFV) Tax Credit

An income tax credit is available for 40% of the incremental or conversion cost for qualified AFVs, based on gross vehicle weight rating (GVWR) as outlined in the table below. Qualified AFVs include vehicles that operate on a combustible liquid derived from grain starch, oil seed, animal fat, or other biomass, or produced from a biogas source.

GVWRCredit
Less than 10,000 pounds (lbs.)Up to $2,400
10,000 to 26,000 lbs.Up to $4,000
Over 26,000 lbs.Up to $40,000

Alternatively, a tax credit of 5% of the cost of the AFV, up to $750, is available for the purchase of an original equipment manufacturer AFV. This credit is allowed only to the first individual to take title of the vehicle. For motor vehicles capable of operating on E85, the individual claiming the credit must provide evidence of purchasing at least 500 gallons of E85 between the time the vehicle was purchased and December 31, of the following calendar year. Excess credits may be carried over for up to three years after the year in which the expenditures were made. The credit is only available to entities with corporate income tax liability. For more information, see the Alternative Fuel Tax Credit page. (Reference Kansas Statutes 79-32,201)

Alternative Fueling Infrastructure Tax Credit

An income tax credit is available for 40% of the total cost to install alternative fueling infrastructure after January 1, 2009. Qualified property must be directly related to the delivery of alternative fuel into the fuel tank of a motor vehicle propelled by such fuel. The tax credit may not exceed $100,000 per fueling station. Alternative fuels are defined as combustible liquids derived from grain starch, oil seed, animal fat, or other biomass, or produced from a biogas source. Excess credits may be carried over for up to three years after the year in which the expenditures were made. The credit is only available to entities with corporate income tax liability. For more information, see the Alternative Fuel Tax Credit page. (Reference Kansas Statutes 79-32,201)

Renewable Fuel Retailer Tax Incentive

A licensed retail motor fuel dealer may receive a quarterly incentive for selling and dispensing renewable fuels, including biodiesel. A qualified motor fuel dealer is eligible for up to $0.065 for every gallon of renewable fuel sold and up to $0.03 for every gallon of biodiesel sold, if the required threshold percentage is met. The threshold is determined by calculating the percent of total gasoline sales that is renewable fuel or biodiesel. For renewable fuel, the threshold increases incrementally on an annual basis from 10% in 2009 to 25% beginning on January 1, 2024. For biodiesel, the threshold increases incrementally on an annual basis from 2% in 2009 to 25% in 2025. No funding is available for this incentive through June 30, 2018 (confirmed July 2017). (Reference Kansas Statutes 79-34,171 through 79-34,176)

Biofuel Blending Equipment Tax Exemption

Qualified equipment used for storing and blending petroleum-based fuel with biodiesel, ethanol, or other biofuel is exempt from state property taxes. The exemption begins at the time of installation at a fuel terminal, refinery, or biofuel production plant, and ends 10 taxable years following the year in which the equipment was installed. Equipment used only for denaturing ethyl alcohol is not eligible. (Reference Kansas Statutes 79-232 and 79-32,251)

Ethanol Production Incentive

Qualified ethanol producers are eligible for a production incentive payable from the Kansas Qualified Agricultural Ethyl Alcohol Producer Fund. An ethanol producer may collect $0.035 for each gallon sold to an alcohol blender that is in excess of the producer's base sales, up to 15 million gallons, provided the producer was in production before July 1, 2001, and increases production capacity by five million gallons over the producer's base sales. The same credit applies to a producer who began production on or after July 1, 2001, and before July 1, 2012, and who has sold at least five million gallons to an alcohol blender. A producer who begins production of cellulosic ethanol on or after July 1, 2012, and who sells at least five million gallons to a blender may receive $0.035 for each gallon sold, up to 15 million gallons. Producers must file for the incentive on a quarterly basis through the Kansas Department of Revenue. A producer may not collect the incentive for more than seven years. The incentive expires July 1, 2018. (Reference Kansas Statutes 79-34,160 through 79-34,164)

Biofuel Production Facility Tax Exemption

Any newly constructed or expanded biomass-to-energy facility is exempt from state property taxes for up to 10 taxable years immediately following the taxable year in which construction or installation is completed. A biomass-to-energy facility includes any industrial process plant that uses biomass to produce at least 500,000 gallons of cellulosic alcohol fuel, liquid or gaseous fuel, or other source of energy in a quantity with energy content at least equal to that of 500,000 gallons of cellulosic alcohol fuel. Expansion of an existing biomass-to-energy facility means expansion of the facility's production capacity by a minimum of 10%. (Reference Kansas Statutes 79-229 and 79-32,233)

Cellulosic Ethanol Production Financing

The Kansas Development Finance Authority may issue revenue bonds to cover the costs of construction or expansion of a biomass-to-energy facility. A qualifying biomass-to-energy facility includes any industrial process plant that uses biomass to produce at least 500,000 gallons of cellulosic alcohol fuel, liquid or gaseous fuel, or other source of energy in a quantity with energy content at least equal to that of 500,000 gallons of cellulosic alcohol fuel. Expansion of an existing biomass-to-energy facility means expansion of the facility's production capacity by a minimum of 10%. (Reference Kansas Statutes 74-8949b and 79-32,233)

Idle Reduction Weight Exemption

Any vehicle or combination of vehicles equipped with idle reduction technology may exceed the state's gross and axle weight limits by up to 400 pounds to compensate for the additional weight of the idle reduction technology. (Reference Kansas Statutes 8-1908, 8-1909, and 8-1917)

Utility/Private Incentives

Biodiesel Rebates - Kansas Soybean Commission

Kansas residents are eligible for a rebate from the Kansas Soybean Commission of up to $2,000 for fleets ($200 for individuals), for using biodiesel blends above 5% in diesel-powered vehicles. For more information, including how to apply, see the Metropolitan Energy Center Biodiesel Rebate website.

Natural Gas Vehicle (NGV) Rebate Pilot Program - Kansas Gas Service

Kansas Gas Service offers rebates for NGV purchases or conversions in the amount of $1,000 for a dedicated or bi-fuel vehicle. Vehicles must be purchased or converted after February 2, 2016, and each applicant is limited to three rebates per calendar year. Compressed natural gas equipment must be certified by the U.S. Environmental Protection Agency or California Air Resources Board. Kansas Gas Service will distribute rebates on a first-come, first-served basis, until program funds are exhausted. Additional terms and conditions apply. For more information, including the rebate application form, please see the CNG Rebate Program website.

Natural Gas Vehicle Loans - Communication Federal Credit Union (CFCU)

CFCU offers loans to individuals and businesses that purchase new or converted compressed natural gas (CNG) vehicles. Conversion systems must be U.S. Environmental Protection Agency certified and installed by an insured and state licensed facility. New vehicle loans are available at amounts up to the manufacturer's suggested retail price plus the cost of the conversion. Pre-owned or CFCU member owned vehicles with a CNG fuel system or conversion installation are eligible for loans at up to 115% of the National Automobile Dealers Association suggested retail value. All financing is at CFCU standard auto loan rates. CFCU also offers loans for the cost of home fueling equipment. For more information, see the CFCU CNG Vehicle and Conversion Loans website.

Laws and Regulations

Alternative Fuel Vehicle (AFV) Acquisition Requirements

State agencies must purchase flexible fuel vehicles (FFVs) capable of operating on E85 fuel unless the desired vehicle model is not available with an E85-capable engine or the cost of the vehicle is at least $250 more than a comparable vehicle that does not use E85. When leasing motor vehicles, state agencies must lease FFVs unless no such vehicles are available for lease. Certain restrictions apply. (Reference Kansas Statutes 75-4617)

Biofuels Use Requirement

State-owned diesel-powered vehicles and equipment must use a biodiesel blend that contains at least 2% biodiesel (B2), where available, as long as the price of the biodiesel blend is not more than $0.10 per gallon as compared to the price of diesel fuel. Individuals operating state-owned motor vehicles must purchase fuel blends containing at least 10% ethanol (E10), as long as these fuel blends are not more than $0.10 per gallon as compared to the price per gallon of regular gasoline fuel. (Reference Kansas Statutes 75-3744a)

Natural Gas and Propane Fuel Tax

Any individual using or selling compressed natural gas (CNG), liquefied natural gas (LNG), or liquefied petroleum gas (propane) as a motor fuel must report fuel use and remit taxes due to the Kansas Department of Revenue on a monthly basis. The minimum tax imposed on CNG is $0.24 per gasoline gallon equivalent (GGE), LNG is $0.26 per GGE, and propane is $0.23 per gallon. The state imposes a tax rate of $0.24 per gallon on conventional motor fuel.

Alternatively, CNG, LNG, and propane vehicle users may apply for special permit decals to pay motor fuel taxes on a mileage basis. The number of gallons used on Kansas highways is determined based on the following miles per gallon (mpg) estimates:

Gross Vehicle Weight RatingMPG
6,000 pounds (lbs.) or less12 mpg
6,001 to12,000 lbs.10 mpg
12,001 to 24,000 lbs.7 mpg
24,001 to 42,000 lbs.6 mpg
42,001 to 66,000 lbs.4 mpg
Over 66,000 lbs.3 mpg

(Reference Kansas Statutes79-3490, 79-3491a through 79-3492e, and 79-34,141)

E85 Tax Rate and Definition

The minimum motor vehicle fuel tax rate on E85 is $0.17 per gallon, compared to the conventional motor fuel tax rate of $0.24 per gallon. E85 is defined as an alternative fuel that is a blend of denatured ethanol and hydrocarbon and typically contains 85% ethanol by volume, but must contain at least 70% ethanol by volume and complies with ASTM specification D5798-99. (Reference Kansas Statutes 79-3401; 79-3490; and 79-34,141)

Ethanol Blend Dispenser Requirement

A retail motor fuel dispenser that dispenses fuel containing more than 10% ethanol by volume must be labeled with the capital letter "E" followed by the numerical value representing the volume percentage of ethanol, such as E85, as specified in Kansas Department of Agriculture guidelines. (Reference Kansas Administrative Regulations 99-25-10)

Biodiesel and Renewable Fuel Definitions

Biodiesel is defined as a renewable, biodegradable, mono alkyl ester combustible liquid fuel that is derived from vegetable oils or animal fats and meets the specifications adopted by rules and regulations of the Kansas Department of Agriculture pursuant to current law. The Kansas specification must meet the ASTM D6751-07 specification for biodiesel fuel (B100) blend stock for distillate fuels, but may be more stringent regarding biodiesel quality and usability. Renewable fuels are defined as combustible liquids derived from grain starch, oil seed, animal fats, or other biomass; or produced from a biogas source, including any non-fossilized, decaying, organic matter capable of powering spark ignition machinery. (Reference Kansas Statutes 79-34,155 and 79-34,170)

Low-Speed Vehicle Access to Roadways

Low-speed vehicles may only travel on roadways with a posted speed limit of up to 40 miles per hour (mph). A low-speed vehicle is any four-wheeled electric vehicle whose top speed is at least 20 mph but not more than 25 mph and is manufactured in compliance federal standards for low-speed vehicles as referenced in Title 49 of the Code of Federal Regulations, section 571.500. (Reference Kansas Statutes 8-1488; 8-15,101; 8-1701; and 8-2118)