Senate Bill 167 has been introduced in Kansas. This legislation will level the playing field in the state’s electric vehicle (EV) charging market and help provide businesses with the confidence they need to invest in the state. This legislation will address key barriers to private investment, namely the threat of unfair competition from electric utilities and unpredictable rate structures based on costly demand charges. This legislation has been referred to the Senate Utilities Committee.
Key Provisions of Kansas SB 167:
Prohibits electric utilities from using ratepayer funds to cover the costs of owning and operating publicly available EV chargers.
Requires utilities entering the EV charging market to do so through a separate nonregulated entity on a level playing field.
Requires electric utilities to establish EV specific rates without demand charges.
Specifically, the bill will prevent Kansas’ electric utilities from using ratepayer funds to build, operate or own publicly available EV charging stations and from including the costs to do so in their rate base. SB 167 does still allow utilities to compete in the EV charging market, but only through a separate nonregulated private enterprise that cannot access ratepayer funds. Furthermore, this bill will ensure a level playing field by requiring that any potential utility affiliates in the EV charging market compete on an equitable and nondiscriminatory basis pursuant to the same fees, terms, rates and conditions that the utility offers to any private entity providing EV charging services. These provisions ensure that electric utilities cannot use their inherent advantages as a regulated monopoly to control the EV charging market and gives confidence to private investors that they will not be undercut by a utility using ratepayer funds.
Finally, if passed, SB 167 will require Kansas electric suppliers to maintain a commercial direct-current fast charging station rate schedule that utilizes volumetric rates as an alternative to demand charges. The utilities will be required to file these rates by October 1, 2025, and if implemented, these rates will provide the rate transparency and predictability necessary for entities considering entering the EV charging market.
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