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Session of 2025
SENATE BILL No. 167
By Committee on Utilities
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AN ACT concerning electric public utilities; relating to electric vehicle
charging services; prohibiting electric public utilities from recovering
from ratepayers the costs associated with electric vehicle charging
stations; requiring electric public utilities that provide electric vehicle
charging services to offer such services under a nonregulated private
enterprise and on an equitable and nondiscriminatory basis just as such
utility offers to private entities providing such services; requiring
electric public utilities to establish electric vehicle charging rate
schedules for the provision of electric vehicle charging services by
private entities.
Be it enacted by the Legislature of the State of Kansas:
Section 1. As used in this section and sections 2 and 3, and
amendments thereto:
(a) "Direct-current fast charging station" means an electric vehicle
charging system capable of delivering electricity at 50 kilowatts or greater
direct current to an electric vehicle's rechargeable battery at a voltage of
200 volts or greater.
(b) "Electric vehicle" means a vehicle that is powered by an electric
motor that draws electricity from a rechargeable battery that is primarily
recharged from a source of electricity that is external to the vehicle.
"Electric vehicle" includes a vehicle that is powered by an internal
combustion engine and an electric motor if such electric motor draws
electricity from a rechargeable battery that is primarily recharged from a
source of electricity that is external to the vehicle.
(c) "Electric vehicle charging station" means any level 2 charging
station or direct-current fast charging station that delivers electricity to an
electric vehicle and such electricity is from an external source that is not
otherwise a part of the electric vehicle. "Electric vehicle charging station"
does not include make-ready infrastructure.
(d) "Electric vehicle charging station operator" means any person or
entity that operates an electric vehicle charging station. "Electric vehicle
charging station operator" does not include any retail electric supplier that
operates an electric vehicle charging station.
(e) "Level 2 charging station" means any electric vehicle charging
system capable of delivering electricity at a minimum of three kilowatts or
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at a maximum of 50 kilowatts alternating current to an electric vehicle's
rechargeable battery at a voltage of 200 volts or greater.
(f) "Make-ready infrastructure" means the customer-specific
electrical infrastructure required to service an electric vehicle charging
station's electrical load on the retail electric supplier's side of the electric
meter.
(g) "Retail electric service" means retail electric service furnished to a
retail electric consumer for end use. "Retail electric service" does not
include the provision of electricity to the public exclusively for the
provision of electric vehicle charging services.
(h) "Retail electric supplier" means any person, firm, corporation,
municipality, association or cooperative corporation engaged in the
furnishing of retail electric service.
Sec. 2. (a) Costs to construct, install, operate, own or maintain any
electric vehicle charging station shall not be included in the rate base of a
retail electric supplier. Revenue received by a retail electric supplier for
providing retail electric service shall not, directly or indirectly, subsidize
investments to construct, install, operate, own or maintain electric vehicle
charging stations.
(b) Any retail electric supplier that constructs, installs, operates, owns
or maintains an electric vehicle charging station for public use shall do so
through a separate nonregulated private enterprise. Such nonregulated
private enterprise shall be maintained on a separate accounting system that
shall include the costs and revenues associated with the provision of the
electric vehicle charging service. Such provision of electric vehicle
charging services shall be offered on an equitable and nondiscriminatory
basis pursuant to the same fees, terms, rates, charges and conditions that
the retail electric supplier offers to private providers of electric vehicle
charging stations in the designated service territory of the retail electric
supplier.
(c) Nothing in this section shall be construed to:
(1) Limit the ability of a retail electric supplier to provide the make-
ready infrastructure required to serve the electrical load of electric vehicle
charging stations or to furnish electricity to electric vehicle charging
station operators for charging electric vehicles; or
(2) prohibit a retail electric supplier from constructing, installing,
operating, owning, maintaining or otherwise procuring service from an
electric vehicle charging station on the retail electric supplier's own
premises for the sole purpose of serving the retail electric supplier's
electric vehicle fleet if such service is not open to the public.
Sec. 3. (a) Each retail electric supplier shall maintain a commercial
direct-current fast charging station rate schedule that:
(1) Utilizes alternatives to traditional demand-based rate structures;
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(2) establishes the fees, terms, rates, charges and conditions for the
sale of electricity to electric vehicle charging station operators for the
operation of electric vehicle charging stations; and
(3) assesses charges on the basis of the kilowatt-hours of electricity
consumed and not on the basis of electricity demand.
(b) (1) On or before October 1, 2025, each retail electric supplier that
is subject to the jurisdiction of the state corporation commission shall file
with the commission an initial electric vehicle charging rate schedule that
complies with the requirements of this act. The commission shall issue an
order approving or amending the retail electric supplier's rate schedule
within 120 days of a retail electric supplier's submission of such rate
schedule.
(2) Any other retail electric supplier that is not subject to commission
jurisdiction shall publish an initial electric vehicle charging station rate
schedule that complies with the requirements of this section and section 2,
and amendments thereto, by October 1, 2025.
(3) Each retail electric supplier's electric vehicle charging station rate
schedule that is filed or published in accordance with this section shall
remain in effect until a successor rate schedule is filed or published in
accordance with the requirements of this section.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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