Title 302 | Chapter 079 | Regulation 014E
302 KAR 79:014REG
A proposed version of this document exists.
STATEMENT OF EMERGENCY
302 KAR 79:014E
This emergency administrative regulation is being promulgated to meet an imminent deadline for the promulgation of an administrative regulation that is established by state statute. Specifically, during the 2026 Regular Session, the General Assembly passed House Bill 757, which enacted KRS 363.785. Under KRS 363.785(1), beginning on January 1, 2027, all electric power dealers selling electricity to the public from an electric vehicle charging station capable of generating 20 kw/h of power or more shall obtain a license from the Kentucky Department of Agriculture. KRS 363.785(6) further requires the Kentucky Department of Agriculture to promulgate administrative regulations in accordance with KRS Chapter 13A within ninety (90) days of July 15, 2026. This administrative regulation is being filed on an emergency basis to ensure compliance with the statutory deadline. This emergency regulation will be replaced by an ordinary administrative regulation because the licensure program for retail electric vehicle charging stations will remain in effect permanently, unless altered by the General Assembly. The companion ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JONATHAN SHELL, Commissioner of Agriculture
DEPARTMENT OF AGRICULTURE
Office of Consumer and Environmental Protection
(New Emergency Administrative Regulation)
302 KAR 79:014E.Retail Electric Vehicle Charging Station Licensing and Inspection
Section 1.
Licensing and Renewal.(1)
Beginning January 1, 2027, unless otherwise exempt under KRS 363.785(5), a person shall not offer for sale to the public electric power dispensed from an electric vehicle charging station with an electrical charging capacity of twenty (20) kilowatts or more to charge an electric vehicle without first obtaining a retail electric vehicle charging license from the department.(2)
To apply for a retail electric vehicle charging license, each electric vehicle power dealer shall use the department's online licensure portal to complete a "Retail Electric Vehicle Charging License Application" and pay the licensure fee of One Hundred Dollars ($100.00) per electric vehicle charging port per electric vehicle charging station.(3)
When completing a Retail Electric Vehicle Charging License Application, each electric vehicle power dealer shall provide the dealer or an authorized representative's contact information and identify each electric vehicle charging station with an electrical charging capacity of twenty (20) kilowatts or more that the dealer is operating in the Commonwealth by:(a)
Model type, including the minimum and maximum kilowatt capacity;(b)
The National Council on Weights and Measures, National Type Evaluation Certificate of Conformance number for all electric vehicle charging stations installed after January 1, 2025;(c)
The number of electric vehicle charging ports on the electric vehicle charging station;(d)
The street address and geolocation of the electric vehicle charging station; and(e)
If the electric vehicle charging station is being operated pursuant to a lease, the duration of the lease term.(4)
If the electric vehicle power dealer operates a new electric vehicle charging station with an electrical charging capacity of twenty (20) kilowatts or more between the initial approval of the retail electric vehicle charging license and annual renewal, the dealer shall use the department's online licensure portal to complete an "Additional Electric Vehicle Charging Station Approval Application" and provide the same information about the additional electric vehicle charging station as required in subsection (3) of this Section.(5)
A valid retail electric vehicle charging license, or other proof of licensure as provided by the department, shall be conspicuously displayed at each electric vehicle charging station for which a license is required.(6)
Operating an electric vehicle charging station without a retail electric vehicle charging license shall result in the placement of a Stop-Sale Order on each electric vehicle charging station for which a retail electric vehicle charging license is required. Upon successful application submission and approval of the necessary retail electric vehicle charging license, the Stop-Sale Order issued under this subsection of this Section shall be removed.(7)
Each retail electric vehicle charging license shall be effective from the date of issuance until January 31 of the following calendar year.(8)
Prior to January 31 of each calendar year, an electric vehicle power dealer holding a retail electric vehicle charging license shall use the department's online licensure portal to renew the license by confirming the accuracy of the information associated with the licensee's account and paying the applicable licensure fee.(9)
All applications and licensure fees required by this Section of this administrative regulation shall be submitted using the department's online licensure portal available at the department's website, https://www.kyagr.com/OnlinePortal/RegisterCompany.Section 2.
Inspections and Enforcement.(1)
All electric vehicle charging stations for which a retail electric vehicle charging station license is required shall conform to all standards in the current edition of the National Institute of Standards and Technology's Handbook 44 and 302 KAR 81:010.(2)
An electric vehicle charging station that deviates from any standard in the current edition of the National Institute of Standards and Technology's Handbook 44 or 302 KAR 81:010 shall be subject to a Stop-Sale Order.(3)
Any Stop-Sale Order issued under this Section shall remain in effect until the electric vehicle power dealer provides proof the electric vehicle charging station has been brought into compliance with all standards in the current edition of the National Institute of Standards and Technology's Handbook 44 and the department has confirmed such compliance following an additional inspection.(4)
The department shall conduct the additional inspection required under subsection (3) of this Section within ten (10) days of receiving notice from the electric vehicle power dealer of the proof of conformity required under subsection (3) of this Section.(5)
The department shall affix to any electric vehicle charging station placed under a Stop-Sale order, for any reason, a tag or other object preventing the public from using the electric vehicle charging station. Removal of the tag or other object by any person without the express written approval of the department shall result in the department initiating action against the person under KRS 363.991.Section 3.
Incorporated by Reference.(1)
The following material is incorporated by reference:(a)
"Retail Electric Vehicle Charging License Application" 10/2026; and(b)
" Additional Electric Vehicle Charging Station Approval Application," 10/2026.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Department's website at https://www.kyagr.com/consumer/electric-vehicle-charger.html.JONATHAN SHELL, Commissioner
APPROVED BY AGENCY: October 8, 2026
FILED WITH LRC: October 8, 2026 at 2:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this emergency administrative regulation shall be held on November 23, 2026, at 1:00 P.M., at 107 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through November 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Marc E. Manley, Deputy General Counsel, Department of Agriculture, 107 Corporate Drive, Frankfort, Kentucky 40601. (502) 782-9219. MarcE.Manley@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Marc Manley Phone: (502) 782-9219 Email: MarcE.Manley@ky.gov
Subject Headings:
Licensing, Weights and Measures, Inspections, Fuel
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes a process to apply for a retail electric vehicle charging license and how retail electric vehicle charging stations will be inspected.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary because under KRS 363.785, and effective on January 1, 2027, the General Assembly requires all electric vehicle power dealers operating a retail electric vehicle charging station with an electrical power charging capacity of twenty (20) kilowatts or more, that is accessible to general public vehicular traffic, and is selling electricity at retail to charge a battery or other storage device of an electric vehicle to obtain a retail electric vehicle charging license from the Department.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 363.785(6) requires the department to promulgate this administrative regulation on or before October 13, 2026.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
KRS 363.785 requires all electric vehicle power dealers operating a retail electric vehicle charging station with an electrical power charging capacity of twenty (20) kilowatts or more, that is accessible to general public vehicular traffic, and is selling electricity at retail to charge a battery or other storage device of an electric vehicle to obtain a retail electric vehicle charging license from the Department. This administrative regulation established the process to apply for a license from the department and how inspections of retail electric vehicle charging stations will be inspected.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will impact approximately 100 electric vehicle power dealers in the Commonwealth. This administrative regulation will not impact any state or local governments.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
The entities identified in question (4) will now be required to obtain a license from the department for each retail electric vehicle charging station with an electrical power charging capacity of twenty (20) kilowatts or more, that is accessible to general public vehicular traffic, and is selling electricity at retail to charge a battery or other storage device of an electric vehicle to obtain a retail electric vehicle charging license from the Department. To obtain the license, the entity will be required to provide certain information in an application and pay a fee of $100.00 per electric vehicle charging port.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
As required under KRS 363.785(2), the entities identified in question (4) will incur costs of $100.00 per electric vehicle charging port for each retail electric vehicle charging station that it operates.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The entities will be able to lawfully operate a retail electric vehicle charging station by complying with this administrative regulation.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$692,200.00
(b) On a continuing basis:
$300,000.00
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The source of funding for this administrative regulation will come from the licensure fees collected from the entities identified in question (4) and general fund dollars appropriated by the General Assembly.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
The fees required by this administrative regulation were established by the General Assembly. The department has no authority under KRS 363.785 to alter the fee amount.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish fees. Rather, KRS 363.785 establishes the fees that are collected by the process established by this administrative regulation.
(10) TIERING: Is tiering applied?
No tiering is being applied because this administrative regulation treats all impacted individuals the same.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 363.510; KRS 363.785
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
2026 Ky. Acts ch. 161, sec. 93, effective July 15, 2026
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Department of Agriculture. The Department of Agriculture is the only state unit impacted by this administrative regulation. No other state units, parts, or divisions are affected by this administrative regulation.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$692,200.00
For subsequent years:
$300,000.00
2. Revenues:
For the first year:
$46,000.00
For subsequent years:
$46,000.00
3. Cost Savings:
For the first year:
There will be no cost savings as this is a new regulatory program, resulting in a net expenditure by the department.
For subsequent years:
There will be no cost savings as this is a new regulatory program, resulting in a net expenditure by the department.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No other state or local entity is impacted by this administrative regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
This administrative regulation impacts electric vehicle power dealers operating retail electric vehicle charging stations.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
$100.00 per electric vehicle charging port
For subsequent years:
$100.00 per electric vehicle charging port
2. Revenues:
For the first year:
$0.00
For subsequent years:
$0.00
3. Cost Savings:
For the first year:
$0.00
For subsequent years:
$0.00
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The Department anticipates a significant fiscal impact will result from this new program established by statute.
(b) Methodology and resources used to reach this conclusion:
The Department obtained data from the Department of Energy indicating 460 electric vehicle charging ports subject to regulation at 116 unique locations exist in Kentucky. Many of these are owned by the same entity, suggesting the number of electric vehicle power dealers already operating in the Commonwealth is approximately 100 or fewer. The Department estimated revenues of $46,000.00 based on the number of electric vehicle station charging ports subject to regulation (~460) and multiplying it by $100.00. The costs to the Department were estimated by reviewing the cost of hiring two (2) additional employees, including salary and benefits, additional vehicles, and equipment to inspect the electric vehicle charging stations.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
This administrative regulation will have a major economic impact because the cost to regulated entities and the cost born by the department of implement this new regulatory program established by the General Assembly will cost more than $250,000.00 per year.
(b) The methodology and resources used to reach this conclusion:
The Department obtained data suggesting how many electric vehicle power dealers are already operating in the Commonwealth and estimated the amount of fees that would be received based on that data. The costs to the Department were estimated by reviewing the cost of hiring two (2) additional employees, including salary and benefits, additional vehicles, travel expenses, training, and equipment to inspect the electric vehicle charging stations.
STATEMENT OF EMERGENCY
302 KAR 79:014E
This emergency administrative regulation is being promulgated to meet an imminent deadline for the promulgation of an administrative regulation that is established by state statute. Specifically, during the 2026 Regular Session, the General Assembly passed House Bill 757, which enacted KRS 363.785. Under KRS 363.785(1), beginning on January 1, 2027, all electric power dealers selling electricity to the public from an electric vehicle charging station capable of generating 20 kw/h of power or more shall obtain a license from the Kentucky Department of Agriculture. KRS 363.785(6) further requires the Kentucky Department of Agriculture to promulgate administrative regulations in accordance with KRS Chapter 13A within ninety (90) days of July 15, 2026. This administrative regulation is being filed on an emergency basis to ensure compliance with the statutory deadline. This emergency regulation will be replaced by an ordinary administrative regulation because the licensure program for retail electric vehicle charging stations will remain in effect permanently, unless altered by the General Assembly. The companion ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
JONATHAN SHELL, Commissioner of Agriculture
DEPARTMENT OF AGRICULTURE
Office of Consumer and Environmental Protection
(New Emergency Administrative Regulation)
302 KAR 79:014E.Retail Electric Vehicle Charging Station Licensing and Inspection
Section 1.
Licensing and Renewal.(1)
Beginning January 1, 2027, unless otherwise exempt under KRS 363.785(5), a person shall not offer for sale to the public electric power dispensed from an electric vehicle charging station with an electrical charging capacity of twenty (20) kilowatts or more to charge an electric vehicle without first obtaining a retail electric vehicle charging license from the department.(2)
To apply for a retail electric vehicle charging license, each electric vehicle power dealer shall use the department's online licensure portal to complete a "Retail Electric Vehicle Charging License Application" and pay the licensure fee of One Hundred Dollars ($100.00) per electric vehicle charging port per electric vehicle charging station.(3)
When completing a Retail Electric Vehicle Charging License Application, each electric vehicle power dealer shall provide the dealer or an authorized representative's contact information and identify each electric vehicle charging station with an electrical charging capacity of twenty (20) kilowatts or more that the dealer is operating in the Commonwealth by:(a)
Model type, including the minimum and maximum kilowatt capacity;(b)
The National Council on Weights and Measures, National Type Evaluation Certificate of Conformance number for all electric vehicle charging stations installed after January 1, 2025;(c)
The number of electric vehicle charging ports on the electric vehicle charging station;(d)
The street address and geolocation of the electric vehicle charging station; and(e)
If the electric vehicle charging station is being operated pursuant to a lease, the duration of the lease term.(4)
If the electric vehicle power dealer operates a new electric vehicle charging station with an electrical charging capacity of twenty (20) kilowatts or more between the initial approval of the retail electric vehicle charging license and annual renewal, the dealer shall use the department's online licensure portal to complete an "Additional Electric Vehicle Charging Station Approval Application" and provide the same information about the additional electric vehicle charging station as required in subsection (3) of this Section.(5)
A valid retail electric vehicle charging license, or other proof of licensure as provided by the department, shall be conspicuously displayed at each electric vehicle charging station for which a license is required.(6)
Operating an electric vehicle charging station without a retail electric vehicle charging license shall result in the placement of a Stop-Sale Order on each electric vehicle charging station for which a retail electric vehicle charging license is required. Upon successful application submission and approval of the necessary retail electric vehicle charging license, the Stop-Sale Order issued under this subsection of this Section shall be removed.(7)
Each retail electric vehicle charging license shall be effective from the date of issuance until January 31 of the following calendar year.(8)
Prior to January 31 of each calendar year, an electric vehicle power dealer holding a retail electric vehicle charging license shall use the department's online licensure portal to renew the license by confirming the accuracy of the information associated with the licensee's account and paying the applicable licensure fee.(9)
All applications and licensure fees required by this Section of this administrative regulation shall be submitted using the department's online licensure portal available at the department's website, https://www.kyagr.com/OnlinePortal/RegisterCompany.Section 2.
Inspections and Enforcement.(1)
All electric vehicle charging stations for which a retail electric vehicle charging station license is required shall conform to all standards in the current edition of the National Institute of Standards and Technology's Handbook 44 and 302 KAR 81:010.(2)
An electric vehicle charging station that deviates from any standard in the current edition of the National Institute of Standards and Technology's Handbook 44 or 302 KAR 81:010 shall be subject to a Stop-Sale Order.(3)
Any Stop-Sale Order issued under this Section shall remain in effect until the electric vehicle power dealer provides proof the electric vehicle charging station has been brought into compliance with all standards in the current edition of the National Institute of Standards and Technology's Handbook 44 and the department has confirmed such compliance following an additional inspection.(4)
The department shall conduct the additional inspection required under subsection (3) of this Section within ten (10) days of receiving notice from the electric vehicle power dealer of the proof of conformity required under subsection (3) of this Section.(5)
The department shall affix to any electric vehicle charging station placed under a Stop-Sale order, for any reason, a tag or other object preventing the public from using the electric vehicle charging station. Removal of the tag or other object by any person without the express written approval of the department shall result in the department initiating action against the person under KRS 363.991.Section 3.
Incorporated by Reference.(1)
The following material is incorporated by reference:(a)
"Retail Electric Vehicle Charging License Application" 10/2026; and(b)
" Additional Electric Vehicle Charging Station Approval Application," 10/2026.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the office of the Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Department's website at https://www.kyagr.com/consumer/electric-vehicle-charger.html.JONATHAN SHELL, Commissioner
APPROVED BY AGENCY: October 8, 2026
FILED WITH LRC: October 8, 2026 at 2:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this emergency administrative regulation shall be held on November 23, 2026, at 1:00 P.M., at 107 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through November 30, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Marc E. Manley, Deputy General Counsel, Department of Agriculture, 107 Corporate Drive, Frankfort, Kentucky 40601. (502) 782-9219. MarcE.Manley@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Marc Manley Phone: (502) 782-9219 Email: MarcE.Manley@ky.gov
Subject Headings:
Licensing, Weights and Measures, Inspections, Fuel
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes a process to apply for a retail electric vehicle charging license and how retail electric vehicle charging stations will be inspected.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary because under KRS 363.785, and effective on January 1, 2027, the General Assembly requires all electric vehicle power dealers operating a retail electric vehicle charging station with an electrical power charging capacity of twenty (20) kilowatts or more, that is accessible to general public vehicular traffic, and is selling electricity at retail to charge a battery or other storage device of an electric vehicle to obtain a retail electric vehicle charging license from the Department.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 363.785(6) requires the department to promulgate this administrative regulation on or before October 13, 2026.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
KRS 363.785 requires all electric vehicle power dealers operating a retail electric vehicle charging station with an electrical power charging capacity of twenty (20) kilowatts or more, that is accessible to general public vehicular traffic, and is selling electricity at retail to charge a battery or other storage device of an electric vehicle to obtain a retail electric vehicle charging license from the Department. This administrative regulation established the process to apply for a license from the department and how inspections of retail electric vehicle charging stations will be inspected.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will impact approximately 100 electric vehicle power dealers in the Commonwealth. This administrative regulation will not impact any state or local governments.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
The entities identified in question (4) will now be required to obtain a license from the department for each retail electric vehicle charging station with an electrical power charging capacity of twenty (20) kilowatts or more, that is accessible to general public vehicular traffic, and is selling electricity at retail to charge a battery or other storage device of an electric vehicle to obtain a retail electric vehicle charging license from the Department. To obtain the license, the entity will be required to provide certain information in an application and pay a fee of $100.00 per electric vehicle charging port.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
As required under KRS 363.785(2), the entities identified in question (4) will incur costs of $100.00 per electric vehicle charging port for each retail electric vehicle charging station that it operates.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The entities will be able to lawfully operate a retail electric vehicle charging station by complying with this administrative regulation.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$692,200.00
(b) On a continuing basis:
$300,000.00
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The source of funding for this administrative regulation will come from the licensure fees collected from the entities identified in question (4) and general fund dollars appropriated by the General Assembly.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
The fees required by this administrative regulation were established by the General Assembly. The department has no authority under KRS 363.785 to alter the fee amount.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish fees. Rather, KRS 363.785 establishes the fees that are collected by the process established by this administrative regulation.
(10) TIERING: Is tiering applied?
No tiering is being applied because this administrative regulation treats all impacted individuals the same.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 363.510; KRS 363.785
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
2026 Ky. Acts ch. 161, sec. 93, effective July 15, 2026
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The promulgating agency is the Department of Agriculture. The Department of Agriculture is the only state unit impacted by this administrative regulation. No other state units, parts, or divisions are affected by this administrative regulation.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$692,200.00
For subsequent years:
$300,000.00
2. Revenues:
For the first year:
$46,000.00
For subsequent years:
$46,000.00
3. Cost Savings:
For the first year:
There will be no cost savings as this is a new regulatory program, resulting in a net expenditure by the department.
For subsequent years:
There will be no cost savings as this is a new regulatory program, resulting in a net expenditure by the department.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
No other state or local entity is impacted by this administrative regulation.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
This administrative regulation impacts electric vehicle power dealers operating retail electric vehicle charging stations.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
$100.00 per electric vehicle charging port
For subsequent years:
$100.00 per electric vehicle charging port
2. Revenues:
For the first year:
$0.00
For subsequent years:
$0.00
3. Cost Savings:
For the first year:
$0.00
For subsequent years:
$0.00
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The Department anticipates a significant fiscal impact will result from this new program established by statute.
(b) Methodology and resources used to reach this conclusion:
The Department obtained data from the Department of Energy indicating 460 electric vehicle charging ports subject to regulation at 116 unique locations exist in Kentucky. Many of these are owned by the same entity, suggesting the number of electric vehicle power dealers already operating in the Commonwealth is approximately 100 or fewer. The Department estimated revenues of $46,000.00 based on the number of electric vehicle station charging ports subject to regulation (~460) and multiplying it by $100.00. The costs to the Department were estimated by reviewing the cost of hiring two (2) additional employees, including salary and benefits, additional vehicles, and equipment to inspect the electric vehicle charging stations.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
This administrative regulation will have a major economic impact because the cost to regulated entities and the cost born by the department of implement this new regulatory program established by the General Assembly will cost more than $250,000.00 per year.
(b) The methodology and resources used to reach this conclusion:
The Department obtained data suggesting how many electric vehicle power dealers are already operating in the Commonwealth and estimated the amount of fees that would be received based on that data. The costs to the Department were estimated by reviewing the cost of hiring two (2) additional employees, including salary and benefits, additional vehicles, travel expenses, training, and equipment to inspect the electric vehicle charging stations.