(A) A person or corporation who uses an electric vehicle charging station to resell electricity to the public for compensation is not an electrical utility if: (1) the person or corporation has procured the electricity from an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative that is authorized to engage in the retail sale of electricity within the territory in which the electric vehicle charging service is provided; (2) the person or corporation furnishes electricity exclusively for the charging of plug-in electric vehicles; and (3) the charging station is immobile. (B) Nothing in this section shall be construed to limit the ability of an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative to provide and appropriately charge for the make-ready infrastructure required to serve the electrical load of electric vehicle charging stations to furnish electricity to electric vehicle charging providers for charging electric vehicles, or to utilize any state or federal grant funding. Any increases in customer demand or energy consumption associated with transportation electrification shall not constitute found revenues for an electrical utility. (C) An electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative that provides, owns, operates, or maintains a direct-current-fast-charging station for direct public use shall offer fair, reasonable, and nondiscriminatory rates and services to all entities providing similar services and shall not act in a manner that provides an unreasonable advantage for its direct-current-fast-charging stations. (D) Revenue received by an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative or its subsidiary or affiliate from electric services other than direct-current-fast-charging stations, shall not, directly or indirectly, subsidize investments in direct-current-fast-charging stations owned or operated by such entities. (E) Nothing in subsection (C) or (D) shall be construed to apply to a direct-current-fast-charging station that was constructed, provided by, owned, operated, or maintained by an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative prior to the effective date of this act. (F) Nothing in subsection (D) shall be construed to apply to direct-current-fast-charging stations that are not public facing and located on the premises of an electrical utility, a municipality, a consolidated political subdivision, the Public Service Authority, or an electric cooperative for the sole purpose of serving its own electric vehicles or electric vehicles owned by its employees. Effect of Amendment 2025 Act No. 18, SECTION 2, rewrote the section. Storm Damage Recovery
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