Kan. Admin. Regs. § 110-20-1

Current through Register Vol. 43, No. 49, December 5, 2024

Section 110-20-1 - Definitions

As used in these regulations, the following terms shall have the following meanings:

(a) "Act" means the Kansas energy development act, K.S.A. 79-32,216 et seq., and amendments thereto.

(b) "Amortizable costs" means any costs depreciable under title 26 of the United States Code of 1986.

(c) "Blended fuel" means a blend of petroleum-based fuel and at least 10 percent of any of the following:

(1) Biodiesel;

(2) ethanol (ethyl alcohol); or

(3) any other biofuel.

(d) "Construction or installation" means the manifest commencement of work on a project site, including either of the following:

(1) Performing any of the following at a fuel terminal, refinery, or biofuel production plant:

(A) Erecting a building;

(B) excavating the ground; or

(C) affixing storage and blending equipment; or

(2) performing any similar work that a person with reasonable diligence can see and recognize as being done with the intention and purpose to continue work until the project is completed.

(e) "Department" means the Kansas department of commerce.

(f) "Expenditure" means any cost incurred in the normal course of business to generate revenues. This term shall include expenditures for engineering and architectural services and for real and tangible personal property made for the purchase, construction, or installation of storage and blending equipment.

(g) "Operation" means the use of storage and blending equipment to produce biofuels for distribution into the wholesale or retail markets.

(h) "Placed in service," when used to describe a date, means the date on which storage and blending equipment is placed into service. This date is considered to be when the storage and blending equipment is in a condition of readiness and availability for a specifically assigned function.

(i) "Project" means the construction or installation of storage and blending equipment at a fuel terminal, refinery, or biofuel production plant.

(j) "Qualified investment" has the meaning specified in K.S.A. 79-32,251, and amendments thereto. This term shall not include any expenditures financed, in whole or in part, by public funds or grants or by any similar type of financial assistance.

(k) "Secretary" means the secretary of the Kansas department of commerce.

(l) "Tangible investment" means an investment in tangible personal or real property.

(m) "Taxpayer" means an applicant for tax benefits or a recipient of tax benefits under the act.

Kan. Admin. Regs. § 110-20-1

Authorized by K.S.A. 2007 Supp. 74-5002r and K.S.A. 2007 Supp. 79-32,252; implementing K.S.A. 2007 Supp. 79-32,251 and K.S.A. 2007 Supp. 79-32,252; effective July 25, 2008.