Committee advances weights-and-measures rewrite, removes annual EV-charger testing and adds app-pricing complaint authority

The Kansas Senate Agriculture and Natural Resources Committee on Monday passed House Bill 2255 as amended, a rewrite of the state's weights-and-measures laws that also addresses electric vehicle charging equipment and gives the Department of Agriculture a limited role to receive complaints about online retail pricing and app availability.

The bill undertakes a reorganization and cleanup of the weights-and-measures chapter and changes fee provisions; it also initially included new sections requiring annual testing and inspection of electric vehicle supply equipment (EVSE) used commercially. Reviser Lawrence summarized the bill for the committee as “a reorganization and cleanup of the weights and measures chapter of law” and said it would “change the fees for weights and measures” and “include and establish the requirements for electric vehicle supply equipment that is commercially used.”

Committee members adopted two key amendments before voting the bill out. Senator Titus offered and the committee approved an amendment expanding the department’s authority to accept complaints related to online ordering apps and price-checking, described by Titus as intended to give consumers a place to raise concerns when products or lower-priced store-brand items appear available in-store but not through the store’s app. Titus said she envisioned the change as “solely a complaint based process” and that the Department of Agriculture had indicated it was comfortable with the language. The motion to adopt that amendment was made by Senator Titus and seconded by Senator Ware and carried by voice vote.

The committee also approved a substitute motion, offered by Senator Titus and seconded by Senator Francisco, to remove two new statutory sections (referred to in committee as new sections 23 and 24) that had imposed annual testing and inspection requirements on commercially used EVSE. Titus told the panel that removing those sections would leave jurisdictional authority with the department without imposing an automatic annual-testing mandate; she said the department could “start looking at this area” and return with evidence if a more regular inspection regime became necessary. The substitute motion passed by voice vote.

After the amendments, Senator Blue moved that the committee pass House Bill 2255 favorably as amended; Senator Titus seconded. The motion passed by voice vote and the bill was reported out of committee favorably as amended.

The committee record shows members questioned departmental capacity and the proper agency home for EV charging oversight. Senator Alley asked why weights and measures (a division of the Department of Agriculture) rather than a utilities regulator would oversee charging equipment; Senator Titus replied that weights-and-measures historically inspects fuel-dispensing equipment and that the division already performs regulatory inspections at gas pumps, saying, in part, that “this makes sense if you think of it as a fuel source for vehicles and measuring it.” Senator Francisco asked whether the department had estimated costs to consumers if private inspection services were required; he was told the department had not provided a firm cost estimate in committee and that if charging service was provided for free the inspection requirement would not apply.

Actions

- motion: "Adopt amendment expanding complaint authority to include online retail apps"; mover: Senator Titus; second: Senator Ware; vote_record: voice vote (aye); outcome: approved; notes: amendment described as complaint-based only.

- motion: "Substitute motion to strike new sections 23 and 24 (removing annual EVSE testing/inspection requirements)"; mover: Senator Titus; second: Senator Francisco; vote_record: voice vote (aye); outcome: approved; notes: retained department jurisdiction but removed automatic annual inspection requirement.

- motion: "Pass out House Bill 2255 favorably as amended"; mover: Senator Blue; second: Senator Titus; vote_record: voice vote (aye); outcome: approved; notes: bill reported out as amended.

Speakers

[{"name":"Chair","role_title":"Committee chair","affiliation_type":"government"},{"name":"Reviser Lawrence","role_title":"Statutory reviser","affiliation_type":"government"},{"name":"Senator Titus","role_title":"Senator","affiliation_type":"government"},{"name":"Senator Ware","role_title":"Senator","affiliation_type":"government"},{"name":"Senator Francisco","role_title":"Senator","affiliation_type":"government"},{"name":"Senator Blue","role_title":"Senator","affiliation_type":"government"},{"name":"Senator Alley","role_title":"Senator","affiliation_type":"government"}]

Authorities

[{"type":"statute","name":"weights and measures chapter of law","citation":"not specified","referenced_by":["HB2255"]},{"type":"policy","name":"Department of Agriculture complaint authority / minimum enforcement practice","citation":"not specified","referenced_by":["HB2255"]}]

Clarifying_details

[{"category":"EVSE inspections","detail":"New sections 23 and 24 would have required annual testing/inspection of commercially used electric vehicle supply equipment; substitute amendment removed those sections","value":true,"units":"boolean","approximate":false,"source_speaker":"Senator Titus"},{"category":"online app complaints","detail":"Amendment expands department complaint authority to include online retail apps and price availability; intended to be complaint-based, not proactive enforcement","source_speaker":"Senator Titus"},{"category":"department cost estimates","detail":"Department had not provided a firm estimate of costs to consumers for inspections at time of committee","source_speaker":"Senator Francisco"}]

Proper_names

[{"name":"Kansas Department of Agriculture","type":"agency"},{"name":"Department of Agriculture Weights and Measures Division","type":"agency"},{"name":"House Bill 2255","type":"other"},{"name":"Agriculture and Natural Resources","type":"other"}]

Community_relevance

{"geographies":["Kansas"],"funding_sources":[],"impact_groups":["drivers using public EV charging","consumers using online ordering apps"]}

Provenance

[{"block_id":"seg-072-091","local_start":0,"local_end":107,"evidence_excerpt":"House Bill 22 55 addresses weights and measures laws in Kansas. First, the bill, undertakes a reorganization and cleanup of the weights and measures chapter of law. Secondly, the bill would change the fees for weights and measures.","reason_code":"topicintro"},{"block_id":"seg-643-705","local_start":0,"local_end":280,"evidence_excerpt":"So I would offer a substitute a motion to, leave in everything in the bill and continue with striking new section 23 and new section 24.","reason_code":"topicfinish"}]