Bill Text: MS HB1195 | 2025 | Regular Session | Introduced
Bill Title: Electric vehicle charging stations; prohibit retail electric suppliers from recovering costs from ratepayers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2025-02-04 - Died In Committee [HB1195 Detail]
Download: Mississippi-2025-HB1195-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Utilities
By: Representative Powell
House Bill 1195
AN ACT TO PRESCRIBE CERTAIN REQUIREMENTS FOR THE OPERATION OF ELECTRIC VEHICLE CHARGING STATIONS BY RETAIL ELECTRIC SUPPLIERS; TO DEFINE CERTAIN TERMS; TO PROHIBIT A RETAIL ELECTRIC SUPPLIER FROM RECOVERING FROM RATEPAYERS THE COSTS ASSOCIATED WITH THE OWNERSHIP OR OPERATION OF AN ELECTRIC VEHICLE CHARGING STATION; TO REQUIRE RATE-REGULATED RETAIL ELECTRIC SUPPLIERS TO FILE A TARIFF FOR THE SALE OF ELECTRICITY TO ELECTRIC VEHICLE CHARGING STATION OPERATORS WITH THE PUBLIC SERVICE COMMISSION; TO REQUIRE UNREGULATED SUPPLIERS TO PUBLISH A TARIFF; TO BRING FORWARD SECTION 65-1-181.1, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE MISSISSIPPI TRANSPORTATION COMMISSION TO ESTABLISH ELECTRIC VEHICLE CHARGING STATIONS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
(a) "Direct current fast charging station" means an electric vehicle charging system capable of delivering electricity at a minimum of fifty (50) kilowatts or greater direct current to an electric vehicle's rechargeable battery at a voltage of two hundred (200) volts or greater.
(b) "Electric vehicle" means a motor vehicle that is propelled by one or more electric motors using energy stored in the form of a rechargeable battery.
(c) "Electric vehicle charging station" means a Level 2 charging station or direct current fast charging station that delivers electricity from a source outside an electric vehicle into one or more electric vehicles separate and distinct from make-ready infrastructure.
(d) "Electric vehicle charging station operator" means a person, partnership, corporation or other business entity that operates an electric vehicle charging station; however, this term does not include an electric utility, electric cooperative, municipally owned electric utility or the state or a political subdivision of the state.
(e) "Level 2 charging station" means an electric vehicle charging system capable of delivering electricity at a minimum of three (3) kilowatts or at a maximum of fifty (50) kilowatts alternating current to an electric vehicle's rechargeable battery at a voltage of two hundred (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 electric utilities side of the electric meter.
(g) "Retail electric supplier" means a person, firm, corporation, association, public utility, electric cooperative, municipal corporations or beneficial trust engaged in the business of furnishing retail electric service.
(h) "Retail electric service" means electric service furnished to a consumer for ultimate consumption.
SECTION 2. (1) A retail electric supplier may not recover from its ratepayers the direct or indirect expenditures associated with investments in the ownership or operation of electric vehicle charging stations by that entity.
(2) A retail electric supplier that provides, owns, operates or maintains an electric vehicle charging station directly available to the public shall do so through a separate, unregulated subsidiary of the supplier. The retail electric supplier must operate and offer the services of the electric vehicle charging station on a nondiscriminatory basis under the same fees, terms, rates, charges and conditions offered to private providers of electric vehicle charging stations in the designated service territory of the retail electric supplier.
(3) This section may not be construed to 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.
SECTION 3. (1) Each retail electric supplier is required to maintain a commercial direct current fast charging station tariff utilizing alternatives to traditional demand-based rate structures. The tariff must set forth the fees, terms and conditions for the sale of electricity to electric vehicle charging station operators for the operation of electric vehicle charging stations.
(2) Each retail electric supplier's commercial tariff filed pursuant to this section may not include the application of demand charges and must be designed to be billed on the basis of kilowatt-hours.
(3) Retail electric suppliers rate-regulated by the Public Service Commission shall file an initial tariff with the commission that complies with the requirements of this act before October 1, 2025. The commission shall issue an order approving or amending the retail electric supplier's commercial tariff, in compliance with this act, within one hundred twenty (120) days of the tariff submission.
(4) Retail electric suppliers which are not rate-regulated by the Public Service Commission shall publish an initial tariff that complies with the requirements of this act before October 1, 2025. A tariff published pursuant to this subsection may be challenged in court to enforce compliance with the requirements of this act.
(5) Each retail electric supplier's commercial tariff filed under this section must remain in effect until a successor tariff is approved pursuant to this act.
SECTION 4. Section 65-1-181.1, Mississippi Code of 1972, is brought forward as follows:
65-1-181.1. (1) The Mississippi Transportation Commission may in its discretion design, construct, operate, maintain, regulate and/or control, individually or jointly with other government entities, one or more electric vehicle charging stations in the state for electric motor vehicle traffic. All such electric vehicle charging station structures and other related infrastructure comprising the project shall be built and maintained in accordance with not less than the minimum standards established by the commission for such stations and related facilities.
(2) The commission may contract, individually or jointly with any persons, corporations, partnerships or other businesses licensed to do business in the State of Mississippi (hereinafter referred to as "companies" or "company) for the purpose of designing, financing, constructing, operating and maintaining one or more electric vehicle charging stations.
(3) Such contracts may provide that the commission may grant funds to a company for the design, construction, operation and/or maintenance of electric vehicle charging stations.
(4) All such structures and other infrastructure comprising the project shall be built and maintained in accordance with not less than the minimum design, construction and maintenance standards established by the commission and the Mississippi Department of Transportation for such charging stations, infrastructure and facilities. The commission may have MDOT conduct periodic inspections of any such charging station throughout the terms of the contract to ensure compliance by the company. Failure of a company to comply with minimum standards established for the project by the contracting governmental entity shall constitute a breach and shall subject the company to liability on its bond and security or recission of the contract in accordance with the terms and provisions of the contract.
(5) Nothing in this section shall conflict with the provisions of Sections 77-3-3, 77-3-5 and 77-3-12.
SECTION 5. Sections 1, 2 and 3 of this act shall be codified as a separate article in Chapter 3, Title 77, Mississippi Code of 1972.
SECTION 6. This act shall take effect and be in force from and after July 1, 2025.
