Texas 2021 - 87th Regular

Texas House Bill HB2221 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R19563~~ JRR-F
	1	+	87R3656 JRR-F
2	2		By: Canales H.B. No. 2221
3		-	Substitute the following for H.B. No. 2221:
4		-	By: Paddie C.S.H.B. No. 2221
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to mobile source emissions reductions and transportation
10		-	electrification; authorizing a ~~surcharge~~.
	8	+	electrification; authorizing a fee.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle F, Title 4, Government Code, is amended
13	11		by adding Chapter 490I to read as follows:
14	12		CHAPTER 490I. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL
15	13		Sec. 490I.001. DEFINITION. In this chapter, "council"
16	14		means the Texas Transportation Electrification Council established
17	15		by this chapter.
18	16		Sec. 490I.002. ESTABLISHMENT; COMPOSITION. (a) The Texas
19	17		Transportation Electrification Council is established.
20	18		(b) The council is composed of the chair of, or if not
21		-	applicable, the administrative head of ~~or a senior-level~~ ~~designee~~
22		-	~~from, each of the following~~ entities:
	19	+	applicable, the administrative head of, each of the following
	20	+	entities:
23	21		(1) the Public Utility Commission of Texas;
24	22		(2) the Electric Reliability Council of Texas;
25	23		(3) the Texas Commission on Environmental Quality;
26	24		(4) the State Energy Conservation Office;
27	25		(5) the Texas Department of Licensing and Regulation;
28	26		(6) the Texas Department of Transportation;
29	27		(7) the Texas Department of Motor Vehicles;
30	28		(8) the Texas Department of Housing and Community
31	29		Affairs;
32	30		(9) the Texas State Affordable Housing Corporation;
33	31		(10) the Texas Division of Emergency Management; and
34	32		(11) the Texas Economic Development and Tourism
35	33		Office.
36	34		Sec. 490I.003. PRESIDING OFFICER; MEETINGS. (a) The
37	35		council annually shall elect one member to serve as the presiding
38	36		officer of the council.
39		-	(a-1) The ~~executive director~~ of the ~~Texas Department~~ of
40		-	~~Transportation~~ shall serve as the initial presiding officer of the
41		-	~~council. This~~ subsection expires September 1, 2023.
	37	+	(a-1) The chair of the Public Utility Commission of Texas
	38	+	shall serve as the initial presiding officer of the council. This
	39	+	subsection expires September 1, 2023.
42	40		(b) The council shall hold at least four public meetings
43	41		each year.
44	42		Sec. 490I.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a)
45	43		The council is administratively attached to the Texas Department of
46	44		Transportation.
47	45		(b) The council shall be funded using existing funds of the
48	46		Texas Department of Transportation.
49	47		Sec. 490I.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
50	48		ASSESSMENT. (a) Not later than March 1, 2022, the council shall
51	49		prepare an assessment of existing and planned public electric
52	50		vehicle charging infrastructure and associated technologies in
53	51		this state using existing databases. The assessment must include
54	52		the number and types of electric vehicle chargers at each location.
55	53		(b) The council shall use the assessment in developing the
56	54		plan required by Section 490I.005.
57	55		(c) This section expires September 1, 2023.
58	56		Sec. 490I.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
59	57		PLAN. (a) The council shall:
60	58		(1) develop a comprehensive plan for the development
61	59		of public electric vehicle charging infrastructure and associated
62	60		technologies in this state through the year 2040; and
63	61		(2) update the plan biennially.
64	62		(b) The plan must:
65	63		(1) include a phased implementation of the plan, in
66	64		biennial increments, through the year 2030;
67	65		(2) identify areas in this state for which additional
68	66		public electric vehicle charging infrastructure is needed to ensure
69	67		that the vehicle choice of residents of this state is not
70	68		constrained by a lack of access to adequate public electric vehicle
71	69		charging infrastructure;
72	70		(3) provide for sufficient public electric vehicle
73	71		charging infrastructure to meet and enable future demand for
74	72		electric vehicles in this state that:
75	73		(A) ensures that adequate public electric
76	74		vehicle charging infrastructure is available:
77	75		(i) with sufficient frequency and capacity
78	76		to enable users of electric vehicles of various classes to travel
79	77		border to border and community to community on interstate highways
80	78		and other major roadways in this state;
81	79		(ii) along evacuation routes and at highway
82	80		rest stops in this state; and
83	81		(iii) in rural communities, multifamily and
84	82		underserved communities, town centers, commercial and retail
85	83		areas, parks and other publicly owned lands, and other areas that
86	84		are in close proximity to where local electric vehicle users live or
87	85		work;
88	86		(B) is safe, dependable, serviceable, and
89	87		operational;
90	88		(C) maximizes the benefits associated with
91	89		transportation electrification;
92	90		(D) enhances commerce by ensuring an adequate
93	91		distribution of public electric vehicle charging infrastructure is
94	92		available throughout the state to stimulate lower cost and lower
95	93		emissions from heavy duty trucking and delivery services;
96	94		(E) ensures adequate public electric vehicle
97	95		charging capacity to facilitate commerce:
98	96		(i) at or near the borders of this state;
99	97		(ii) in or near airports, rail yards, and
100	98		seaports; and
101	99		(iii) at warehouse complexes and truck
102	100		stops;
103	101		(F) enhances accessibility of tourist areas to
104	102		electric vehicle users; and
105	103		(G) covers any other areas identified by the
106	104		council;
107	105		(4) stimulate competition, innovation, consumer
108	106		choices in public electric vehicle charging and related
109	107		infrastructure and services, and encourage private capital
110		-	investment;
	108	+	investment; and
111	109		(5) specify the number and types of electric vehicle
112	110		chargers per general location that are needed to meet the
113		-	requirements prescribed by Subdivisions (2), (3), and (4);
114		-	(6) examine vehicle and charging infrastructure
115		-	changes necessary to provide demand response functions and two-way
116		-	electricity flow capability in order to allow vehicle to grid
117		-	integration for cost savings, grid reliability, and resiliency; and
118		-	(7) provide for electric transportation corridors in
119		-	and along Texas Department of Transportation rights-of-way that
120		-	include the infrastructure needed for vehicle electrification,
121		-	such as:
122		-	(A) a greatly expanded global positioning system
123		-	network for vehicle location accuracy;
124		-	(B) advanced sensor networks for traffic;
125		-	(C) intelligent transportation services;
126		-	(D) connected vehicle applications; and
127		-	(E) improvements to energy infrastructure needed
128		-	to provide adequate vehicle charging.
	111	+	requirements prescribed by Subdivisions (2), (3), and (4).
129	112		(c) In developing and updating the plan, the council:
130	113		(1) shall use, to the extent practicable, publicly
131	114		available electric vehicle projections and models based on industry
132	115		standards to determine, for each year, the percentage and number of
133	116		electric vehicles by vehicle class that are expected on roadways in
134	117		this state and the number of electric vehicle chargers that are
135	118		needed to ensure that there is comprehensive and adequate access to
136	119		public electric vehicle charging infrastructure in this state; and
137	120		(2) may rely on scenarios provided by the Electric
138	121		Reliability Council of Texas or other information from appropriate
139	122		sources for the percentage and number of electric vehicles by
140	123		vehicle class on roadways in this state by year.
141	124		Sec. 490I.006. STATE AGENCY POLICY RECOMMENDATIONS. The
142	125		council shall develop policy recommendations that state agencies
143	126		may adopt to encourage the development of an adequate network of
144	127		public electric vehicle charging infrastructure and associated
145	128		technologies to meet the future electrified transportation needs in
146	129		this state through the year 2030.
147	130		Sec. 490I.007. STAKEHOLDER INPUT. In performing the
148	131		council's duties under this chapter, the council shall seek advice
149	132		and input from:
150	133		(1) privately owned electric utilities;
151	134		(2) municipally owned electric utilities;
152	135		(3) electric cooperatives;
153	136		(4) state and local transportation and transit
154	137		agencies;
155	138		(5) port authorities;
156	139		(6) warehousing and logistics centers;
157	140		(7) electric vehicle charging infrastructure
158	141		companies;
159	142		(8) environmental groups;
160	143		(9) consumer advocates;
161	144		(10) motor vehicle manufacturers;
162	145		(11) nonprofit organizations developing electric
163	146		vehicle policy;
164	147		(12) nonprofit organizations representing food or
165	148		motor fuel providers;
166	149		(13) apartment associations;
167	150		(14) low-income community development corporations;
168		-	(15) nonprofit organizations that represent
169		-	utilities, electric vehicle manufacturers, and charging companies;
170	151		and
171		-	(16) interested members of the public.
	152	+	(15) interested members of the public.
172	153		Sec. 490I.008. AUTHORITY TO CONTRACT AND CONSULT WITH
173	154		CERTAIN PERSONS. In performing the council's duties under this
174	155		chapter, the council may:
175	156		(1) contract with experts, academic scholars, and
176	157		other appropriate professionals; and
177	158		(2) consult with the Texas A&M Transportation
178	159		Institute and institutions of higher education.
179	160		Sec. 490I.0085. INITIAL REPORT. (a) Not later than
180	161		December 1, 2022, the council shall prepare and submit to the
181	162		governor, the lieutenant governor, each member of the legislature,
182	163		and relevant state and federal agencies a written report of the
183	164		council's findings that includes:
184	165		(1) the assessment prepared under Section 490I.0045;
185	166		(2) the plan developed under Section 490I.005,
186	167		including the phased implementation of the plan required by
187	168		Subsection (b)(1) of that section; and
188	169		(3) the policy recommendations developed under
189	170		Section 490I.006.
190		-	(b) This section expires September 1, ~~2025~~.
	171	+	(b) This section expires September 1, 2023.
191	172		Sec. 490I.009. BIENNIAL REPORT. Not later than December 1
192	173		of each even-numbered year, the council shall prepare and submit to
193	174		the governor, the lieutenant governor, each member of the
194	175		legislature, and relevant state and federal agencies a written
195	176		report that includes:
196	177		(1) a summary of the progress made on the
197	178		implementation of the plan developed under Section 490I.005;
198	179		(2) the biennial update to the plan required under
199	180		Section 490I.005(a)(2); and
200	181		(3) any updates to the policy recommendations
201	182		developed under Section 490I.006.
202	183		SECTION 2. Section 386.001, Health and Safety Code, is
203	184		amended by adding Subdivision (4) to read as follows:
204	185		(4) "Federal funds" means all assistance provided to
205	186		the commission from the federal government in the form of grants,
206	187		contracts, loans, loan guarantees, property, cooperative
207	188		agreements, interest subsidies, insurance, direct appropriations,
208	189		or any other method of disbursement.
209		-	SECTION 3. Section 386.154, Health and Safety Code, is
210		-	amended by amending Subsection (d) and adding Subsections (f), (g),
211		-	and (h) to read as follows:
	190	+	SECTION 3. Section 386.152, Health and Safety Code, is
	191	+	amended to read as follows:
	192	+	Sec. 386.152. APPLICABILITY. (a) The provisions of this
	193	+	subchapter relating to a lessee do not apply to a person who rents
	194	+	or leases a light-duty motor vehicle for a term of 30 days or less.
	195	+	(b) The provisions of this subchapter relating to a lessor
	196	+	do not apply to a person who rents or leases a light-duty motor
	197	+	vehicle to a person for a term of 30 days or less.
	198	+	SECTION 4. Section 386.153, Health and Safety Code, is
	199	+	amended by amending Subsection (c) and adding Subsection (e) to
	200	+	read as follows:
	201	+	(c) Only one incentive will be provided for each new
	202	+	light-duty motor vehicle. The incentive shall be provided to the
	203	+	seller or lessor of the vehicle. The seller or lessor shall credit
	204	+	the amount of the incentive to the purchaser or lessee at the time
	205	+	the sale is made or the lease is entered into. The incentive may not
	206	+	[shall] be provided to a seller [the lessee and not to the
	207	+	purchaser] if the motor vehicle is sold [purchased] for the purpose
	208	+	of leasing the vehicle to another person.
	209	+	(e) The commission shall establish a registration program
	210	+	for sellers and lessors of new motor vehicles to apply online and
	211	+	receive incentives under this subchapter. The commission shall
	212	+	promptly pay the incentives when authorized under the registration
	213	+	program established by this subsection.
	214	+	SECTION 5. Section 386.154, Health and Safety Code, is
	215	+	amended by amending Subsections (a), (b), and (d) and adding
	216	+	Subsections (f), (g), and (h) to read as follows:
	217	+	(a) A new light-duty motor vehicle powered by compressed
	218	+	natural gas or liquefied petroleum gas is eligible for a $5,000
	219	+	incentive if the vehicle:
	220	+	(1) has four wheels;
	221	+	(2) was originally manufactured to comply with and has
	222	+	been certified by an original equipment manufacturer or
	223	+	intermediate or final state vehicle manufacturer as complying with,
	224	+	or has been altered to comply with, federal motor vehicle safety
	225	+	standards, state emissions regulations, and any additional federal
	226	+	or state regulations applicable to vehicles powered by compressed
	227	+	natural gas or liquefied petroleum gas;
	228	+	(3) was manufactured for use primarily on public
	229	+	streets, roads, and highways;
	230	+	(4) has a dedicated or bi-fuel compressed natural gas
	231	+	or liquefied petroleum gas fuel system:
	232	+	(A) installed prior to first sale or within 500
	233	+	miles of operation of the vehicle following first sale; and
	234	+	(B) with a range of at least 125 miles as
	235	+	estimated, published, and updated by the United States
	236	+	Environmental Protection Agency;
	237	+	(5) has, as applicable, a:
	238	+	(A) compressed natural gas fuel system that
	239	+	complies with the:
	240	+	(i) 2013 NFPA 52 Vehicular Gaseous Fuel
	241	+	Systems Code; and
	242	+	(ii) American National Standard for Basic
	243	+	Requirements for Compressed Natural Gas Vehicle (NGV) Fuel
	244	+	Containers, commonly cited as "ANSI/CSA NGV2"; or
	245	+	(B) liquefied petroleum gas fuel system that
	246	+	complies with:
	247	+	(i) the 2011 NFPA 58 Liquefied Petroleum
	248	+	Gas Code; and
	249	+	(ii) Section VII of the 2013 ASME Boiler and
	250	+	Pressure Vessel Code; and
	251	+	(6) was sold or leased [acquired] on or after
	252	+	September 1, 2013, or a later date established by the commission, by
	253	+	the seller or lessor [person] applying for the incentive under this
	254	+	subsection and for use or lease by the purchaser or lessee of the
	255	+	vehicle [that person] and not for resale.
	256	+	(b) If the commission determines that an updated version of
	257	+	a code or standard described by Subsection (a)(5) is more stringent
	258	+	than the version of the code or standard described by Subsection
	259	+	(a)(5), the commission by rule may provide that a vehicle for which
	260	+	a seller or lessor [person] applies for an incentive under
	261	+	Subsection (a) is eligible for the incentive only if the vehicle
	262	+	complies with the updated version of the code or standard.
212	263		(d) A new light-duty motor vehicle powered by an electric
213	264		drive is eligible for a $2,500 incentive if the vehicle:
214	265		(1) has four wheels;
215	266		(2) was manufactured for use primarily on public
216	267		streets, roads, and highways;
217	268		(3) has not been modified from the original
218	269		manufacturer's specifications;
219	270		(4) has a maximum speed capability of at least 55 miles
220	271		per hour;
221	272		(5) is propelled to a significant extent by an
222	273		electric motor that draws electricity from a hydrogen fuel cell or
223	274		from a battery that:
224	275		(A) has a capacity of not less than four kilowatt
225	276		hours; and
226	277		(B) is capable of being recharged from an
227	278		external source of electricity; [and]
228	279		(6) is not designed, used, or maintained primarily to
229	280		transport property; and
230		-	(7) was acquired on or after September 1, 2013, or a
231		-	later date as established by the commission, by the person applying
232		-	for the incentive under this subsection and for use or lease by that
233		-	person and not for resale.
	281	+	(7) was sold or leased [acquired] on or after
	282	+	September 1, 2013, or a later date as established by the commission,
	283	+	by the seller or lessor [person] applying for the incentive under
	284	+	this subsection and for use or lease by the purchaser or lessee of
	285	+	the vehicle [that person] and not for resale.
234	286		(f) A new light-duty motor vehicle powered by an electric
235	287		drive is eligible for a $4,000 incentive if the vehicle:
236	288		(1) satisfies the requirements of Subsections
237	289		(d)(1)-(5);
238	290		(2) is designed, used, or maintained primarily to
239	291		transport property; and
240		-	(3) was acquired on or after September 1, 2021, or a
241		-	later date as established by the commission, by the person applying
242		-	for the incentive under this subsection and for use by that person
243		-	and not for resale.
	292	+	(3) was sold or leased on or after September 1, 2021,
	293	+	or a later date as established by the commission, by the seller or
	294	+	lessor applying for the incentive under this subsection and for use
	295	+	or lease by the purchaser or lessee of the vehicle and not for
	296	+	resale.
244	297		(g) The incentive under Subsection (f) is limited to 2,000
245	298		vehicles for each state fiscal biennium.
246	299		(h) Notwithstanding Subsections (c), (e), and (g) and
247	300		subject to Section 386.252(a)(11), at the beginning of the second
248	301		state fiscal year of the biennium, the commission shall adjust the
249	302		initial vehicle limitations provided under Subsections (c), (e),
250	303		and (g) based on demand for incentives under this section during the
251	304		preceding state fiscal year.
252		-	SECTION 4. Section 386.181(b), Health and Safety Code, is
	305	+	SECTION 6. Sections 386.157(a) and (c), Health and Safety
	306	+	Code, are amended to read as follows:
	307	+	(a) A seller or lessor of [person who purchases or leases] a
	308	+	new light-duty motor vehicle described by Section 386.154 and
	309	+	listed under Section 386.156(a) is eligible to apply for an
	310	+	incentive under this subchapter.
	311	+	(c) To receive money under an incentive program provided by
	312	+	this subchapter, the seller or lessor of a light-duty motor vehicle
	313	+	shall verify online that funds are available, that the seller or
	314	+	lessor is eligible [the purchaser or lessee of a new light-duty
	315	+	motor vehicle who is eligible to apply] for an incentive under this
	316	+	subchapter, and if the incentive is for a vehicle described by
	317	+	Section 386.154(d) or (f), that the purchaser or lessee of the
	318	+	vehicle has watched an online video that explains how and when to
	319	+	charge an electric vehicle to reduce peak demand for electricity
	320	+	and reduce air emissions [shall apply for the incentive in the
	321	+	manner provided by law or by rule of the commission].
	322	+	SECTION 7. Section 386.158, Health and Safety Code, is
253	323		amended to read as follows:
254		-	(b) The commission may include more specific definitions in
255		-	the rules or guidelines developed to implement the programs
256		-	[program] established by this subchapter in order to reduce
257		-	emissions in and around seaports in a nonattainment area.
258		-	SECTION 5. Subchapter D-1, Chapter 386, Health and Safety
259		-	Code, is amended by adding Section 386.184 to read as follows:
260		-	Sec. 386.184. GRANT PROGRAM FOR ALTERNATIVELY FUELED
261		-	DRAYAGE TRUCK OR CARGO HANDLING EQUIPMENT INFRASTRUCTURE PROJECTS.
262		-	(a) The commission shall establish and administer a grant program
263		-	to encourage the purchase, construction, and installation of
264		-	infrastructure needed to support the use of drayage trucks or cargo
265		-	handling equipment that are powered by an alternative fuel, as
266		-	defined by Section 393.001.
267		-	(b) A grant awarded under the program established by this
268		-	section may not exceed more than 80 percent of the purchase,
269		-	construction, and installation costs of the infrastructure
270		-	project, provided that the commission may establish a reasonable
271		-	maximum amount of a grant awarded per infrastructure project as
272		-	needed.
273		-	SECTION 6. Sections 386.250(b) and (c), Health and Safety
	324	+	Sec. 386.158. COMMISSION TO ACCOUNT FOR MOTOR VEHICLE
	325	+	PURCHASE OR LEASE INCENTIVES. (a) The commission by rule shall
	326	+	develop a method to administer and account for the motor vehicle
	327	+	purchase or lease incentives authorized by this subchapter and to
	328	+	pay incentive money to the seller [purchaser] or lessor [lessee] of
	329	+	a new motor vehicle[, on application of the purchaser or lessee as
	330	+	provided by this subchapter].
	331	+	(b) The commission shall develop and publish online forms
	332	+	and instructions for the seller [purchaser] or lessor [lessee] of a
	333	+	new motor vehicle to use in applying to the commission for an
	334	+	incentive payment under this subchapter. [The commission shall
	335	+	make the forms available to new motor vehicle dealers and leasing
	336	+	agents. Dealers and leasing agents shall make the forms available
	337	+	to their prospective purchasers or lessees.]
	338	+	(c) The commission may require the online submission of
	339	+	forms and documentation as needed to verify eligibility for an
	340	+	incentive under this subchapter.
	341	+	SECTION 8. Section 386.159, Health and Safety Code, is
	342	+	amended to read as follows:
	343	+	Sec. 386.159. PURCHASE OR LEASE INCENTIVES ONLINE PORTAL
	344	+	[INFORMATION]. [(a)] The commission shall establish an online
	345	+	portal [a toll-free telephone number available to motor vehicle
	346	+	dealers and leasing agents for the dealers and agents to call] to
	347	+	verify that incentives are available. [The commission may provide
	348	+	for issuing verification numbers over the telephone line.
	349	+	[(b) Reliance by a dealer or leasing agent on information
	350	+	provided by the commission is a complete defense to an action
	351	+	involving or based on eligibility of a vehicle for an incentive or
	352	+	availability of vehicles eligible for an incentive.]
	353	+	SECTION 9. Section 386.160, Health and Safety Code, is
	354	+	amended to read as follows:
	355	+	Sec. 386.160. RESERVATION OF INCENTIVES. The commission
	356	+	may provide for new motor vehicle sellers [dealers] and leasing
	357	+	agents to reserve for a limited time period incentives for eligible
	358	+	vehicles [that are not readily available and must be ordered,] if
	359	+	the seller [dealer] or leasing agent has a purchase or lease order
	360	+	signed by an identified customer.
	361	+	SECTION 10. Sections 386.250(b) and (c), Health and Safety
274	362		Code, as effective September 1, 2021, are amended to read as
275	363		follows:
276	364		(b) The fund consists of:
277	365		(1) the amount of money deposited to the credit of the
278	366		fund under:
279	367		(A) Section 386.056;
280	368		(B) Sections 151.0515 and 152.0215, Tax Code; and
281	369		(C) Sections 501.138, 502.358, and 548.5055,
282	370		Transportation Code; [and]
283	371		(2) grant money recaptured under Section 386.111(d)
284	372		and Chapter 391; and
285	373		(3) federal funds deposited to the credit of the fund.
286	374		(c) Not later than the 30th day after the last day of each
287	375		state fiscal biennium, the commission shall transfer the
288	376		unencumbered balance of the fund remaining on the last day of the
289	377		state fiscal biennium to the credit of the Texas emissions
290	378		reduction plan account. This subsection does not apply to federal
291	379		funds deposited to the credit of the fund.
292		-	SECTION 7. Section 386.252, Health and Safety Code, as
	380	+	SECTION 11. Section 386.252, Health and Safety Code, as
293	381		effective September 1, 2021, is amended by amending Subsection (a)
294	382		and adding Subsection (i) to read as follows:
295	383		(a) Money in the fund and account may be used only to
296	384		implement and administer programs established under the plan.
297	385		Subject to the reallocation of funds by the commission under
298	386		Subsection (h), money from the fund and account to be used for the
299	387		programs under Section 386.051(b) shall initially be allocated as
300	388		follows:
301	389		(1) four percent may be used for the clean school bus
302	390		program under Chapter 390;
303	391		(2) three percent may be used for the new technology
304	392		implementation grant program under Chapter 391, from which at least
305	393		$1 million will be set aside for electricity storage projects
306	394		related to renewable energy;
307	395		(3) five percent may be used for the clean fleet
308	396		program under Chapter 392;
309	397		(4) not more than $3 million may be used by the
310	398		commission to fund a regional air monitoring program in commission
311	399		Regions 3 and 4 to be implemented under the commission's oversight,
312	400		including direction regarding the type, number, location, and
313	401		operation of, and data validation practices for, monitors funded by
314	402		the program through a regional nonprofit entity located in North
315	403		Texas having representation from counties, municipalities, higher
316	404		education institutions, and private sector interests across the
317	405		area;
318	406		(5) 10 percent may be used for the Texas natural gas
319	407		vehicle grant program under Chapter 394;
320	408		(6) eight percent [not more than $6 million] may be
321	409		used for the Texas alternative fueling facilities program under
322	410		Chapter 393, of which a specified amount may be used for fueling
323	411		stations to provide natural gas fuel[, except that money may not be
324	412		allocated for the Texas alternative fueling facilities program for
325	413		the state fiscal year ending August 31, 2019];
326	414		(7) not more than $750,000 may be used each year to
327	415		support research related to air quality as provided by Chapter 387;
328	416		(8) not more than $200,000 may be used for a health
329	417		effects study;
330	418		(9) at least $6 million but not more than $16 million
331	419		may be used by the commission for administrative costs, including
332	420		all direct and indirect costs for administering the plan, costs for
333	421		conducting outreach and education activities, and costs
334	422		attributable to the review or approval of applications for
335	423		marketable emissions reduction credits;
336	424		(10) six percent may be used by the commission for the
337	425		seaport and rail yard areas emissions reduction program established
338	426		under Subchapter D-1;
339	427		(11) five percent may be used for the light-duty motor
340	428		vehicle purchase or lease incentive program established under
341	429		Subchapter D;
342	430		(12) not more than $216,000 may be used by the
343	431		commission to contract with the Energy Systems Laboratory at the
344	432		Texas A&M Engineering Experiment Station annually for the
345	433		development and annual computation of creditable statewide
346	434		emissions reductions obtained through wind and other renewable
347	435		energy resources for the state implementation plan;
348	436		(13) not more than $500,000 may be used for studies of
349	437		or pilot programs for incentives for port authorities located in
350	438		nonattainment areas or affected counties to encourage cargo
351	439		movement that reduces emissions of nitrogen oxides and particulate
352	440		matter; and
353	441		(14) the balance is to be used by the commission for
354	442		the diesel emissions reduction incentive program under Subchapter C
355	443		as determined by the commission.
356	444		(i) Notwithstanding any other law, federal funds deposited
357	445		to the credit of the fund may be used only as provided by the terms
358	446		of the applicable federal funds agreement.
359		-	SECTION 8. Section 393.006(a), Health and Safety Code, is
360		-	amended to read as follows:
361		-	(a) Grants awarded under this chapter for a facility to
362		-	provide alternative fuels other than natural gas may not exceed
363		-	[the lesser of:
364		-	[(1)] 50 percent of the sum of the actual eligible
365		-	costs incurred by the grant recipient within deadlines established
366		-	by the commission[; or
367		-	[(2) $600,000].
368		-	SECTION 9. Subtitle A, Title 14, Occupations Code, is
	447	+	SECTION 12. Subtitle A, Title 14, Occupations Code, is
369	448		amended by adding Chapter 2311 to read as follows:
370	449		CHAPTER 2311. ELECTRIC VEHICLE METERING
371	450		Sec. 2311.001. DEFINITIONS. In this chapter:
372	451		(1) "Commission" means the Texas Commission of
373	452		Licensing and Regulation.
374	453		(2) "Metering device" means a commercial device used
375	454		to measure electric energy transferred by electric vehicle charging
376	455		stations and compute the charge for the energy.
377	456		Sec. 2311.002. RULES. (a) The commission by rule shall
378	457		establish:
379	458		(1) specifications, tolerances, and other technical
380	459		requirements for metering devices used in electric vehicle charging
381	460		stations used in commercial transactions; and
382	461		(2) standards for electric vehicle charging services
383	462		that ensure the accuracy of measurements, enhance consumer
384	463		protections, and promote fair competition.
385	464		(b) In adopting rules under Subsection (a), the commission
386	465		shall consider recommendations from relevant state and federal
387	466		agencies and stakeholders.
388		-	SECTION 10. Subchapter G, Chapter 502, Transportation Code,
	467	+	SECTION 13. Section 502.198(a), Transportation Code, is
	468	+	amended to read as follows:
	469	+	(a) Except as provided by Sections 502.058, 502.060,
	470	+	502.1911, 502.192, 502.356, [and] 502.357, and 502.360 and
	471	+	Subchapter H, this section applies to all fees collected by a county
	472	+	assessor-collector under this chapter.
	473	+	SECTION 14. Subchapter G, Chapter 502, Transportation Code,
389	474		is amended by adding Section 502.360 to read as follows:
390		-	Sec. 502.360. ELECTRIC ~~VEHICLE SURCHARGE~~. (a) In ~~this~~
391		-	section, "electric vehicle" means a motor vehicle that uses
	475	+	Sec. 502.360. ADDITIONAL FEE FOR ELECTRIC VEHICLES. (a) In
	476	+	this section, "electric vehicle" means a motor vehicle that uses
392	477		electricity as its only source of motor power.
393		-	(b) In addition to ~~the applicable registration fee charged~~
394		-	~~under Subchapter F,~~ at the time of application for registration or
395		-	~~renewal of~~ registration of an electric vehicle, the applicant shall
396		-	~~pay a surcharge~~ in an amount of $100.
397		-	(c) ~~Surcharges~~ collected under this section shall be
398		-	~~deposited to~~ the credit of the state highway fund.
399		-	(c-1) Notwithstanding Subsection (c), $40 of each ~~surcharge~~
400		-	collected under this section shall be deposited to ~~the~~ credit of the
	478	+	(b) In addition to other fees authorized under this chapter,
	479	+	at the time of application for registration or renewal of
	480	+	registration of an electric vehicle, the applicant shall pay an
	481	+	additional fee in an amount of $100.
	482	+	(c) Fees collected under this section shall be deposited to
	483	+	the credit of the state highway fund.
	484	+	(c-1) Notwithstanding Subsection (c), $40 of each fee
	485	+	collected under this section shall be deposited to credit of the
401	486		general revenue fund and may be used only for the operations of the
402	487		Texas Transportation Electrification Council under Chapter 490I,
403		-	Government Code. This subsection expires September 1, ~~2025~~.
	488	+	Government Code. This subsection expires September 1, 2023.
404	489		(d) The board shall adopt rules necessary to administer
405	490		registration for an electric vehicle under this section.
406		-	SECTION 11. Section 31.002, Utilities Code, is amended by
	491	+	SECTION 15. Section 31.002, Utilities Code, is amended by
407	492		adding Subdivision (3-a) and amending Subdivisions (6) and (17) to
408	493		read as follows:
409	494		(3-a) "Alternatively fueled vehicle" has the meaning
410	495		assigned by Section 502.004, Transportation Code.
411	496		(6) "Electric utility" means a person or river
412	497		authority that owns or operates for compensation in this state
413	498		equipment or facilities to produce, generate, transmit,
414	499		distribute, sell, or furnish electricity in this state. The term
415	500		includes a lessee, trustee, or receiver of an electric utility and a
416	501		recreational vehicle park owner who does not comply with Subchapter
417	502		C, Chapter 184, with regard to the metered sale of electricity at
418	503		the recreational vehicle park. The term does not include:
419	504		(A) a municipal corporation;
420	505		(B) a qualifying facility;
421	506		(C) a power generation company;
422	507		(D) an exempt wholesale generator;
423	508		(E) a power marketer;
424	509		(F) a corporation described by Section 32.053 to
425	510		the extent the corporation sells electricity exclusively at
426	511		wholesale and not to the ultimate consumer;
427	512		(G) an electric cooperative;
428	513		(H) a retail electric provider;
429	514		(I) this state or an agency of this state; or
430	515		(J) a person not otherwise an electric utility
431	516		who:
432	517		(i) furnishes an electric service or
433	518		commodity only to itself, its employees, or its tenants as an
434	519		incident of employment or tenancy, if that service or commodity is
435	520		not resold to or used by others;
436	521		(ii) owns or operates in this state
437	522		equipment or facilities to produce, generate, transmit,
438	523		distribute, sell, or furnish electric energy to an electric
439	524		utility, if the equipment or facilities are used primarily to
440	525		produce and generate electric energy for consumption by that
441	526		person; [or]
442	527		(iii) owns or operates in this state a
443	528		recreational vehicle park that provides metered electric service in
444	529		accordance with Subchapter C, Chapter 184; or
445	530		(iv) owns or operates equipment used solely
446	531		to provide electricity charging service for consumption by
447	532		alternatively fueled vehicles.
448	533		(17) "Retail electric provider" means a person that
449	534		sells electric energy to retail customers in this state. A retail
450	535		electric provider may not own or operate generation assets. The
451	536		term does not include a person not otherwise a retail electric
452	537		provider who owns or operates equipment used solely to provide
453	538		electricity charging service for consumption by alternatively
454	539		fueled vehicles.
455		-	SECTION 12. Subchapter A, Chapter 31, Utilities Code, is
	540	+	SECTION 16. Subchapter A, Chapter 31, Utilities Code, is
456	541		amended by adding Section 31.0021 to read as follows:
457	542		Sec. 31.0021. CHARGING SERVICE. The commission by rule may
458	543		exempt from the definition of "electric utility" or "retail
459	544		electric provider" under Section 31.002 a provider who owns or
460	545		operates equipment used solely to provide electricity charging
461	546		service for a mode of transportation.
462		-	SECTION 13. Section 37.001(3), Utilities Code, is amended
	547	+	SECTION 17. Section 37.001(3), Utilities Code, is amended
463	548		to read as follows:
464	549		(3) "Retail electric utility" means a person,
465	550		political subdivision, electric cooperative, or agency that
466	551		operates, maintains, or controls in this state a facility to
467	552		provide retail electric utility service. The term does not include
468	553		a corporation described by Section 32.053 to the extent that the
469	554		corporation sells electricity exclusively at wholesale and not to
470	555		the ultimate consumer. A qualifying cogenerator that sells
471	556		electric energy at retail to the sole purchaser of the
472	557		cogenerator's thermal output under Sections 35.061 and 36.007 is
473	558		not for that reason considered to be a retail electric utility. The
474	559		owner or operator of a qualifying cogeneration facility who was
475	560		issued the necessary environmental permits from the Texas Natural
476	561		Resource Conservation Commission after January 1, 1998, and who
477	562		commenced construction of such qualifying facility before July 1,
478	563		1998, may provide electricity to the purchasers of the thermal
479	564		output of that qualifying facility and shall not for that reason be
480	565		considered an electric utility or a retail electric utility,
481	566		provided that the purchasers of the thermal output are owners of
482	567		manufacturing or process operation facilities that are located on a
483	568		site entirely owned before September, 1987, by one owner who
484	569		retained ownership after September, 1987, of some portion of the
485	570		facilities and that those facilities now share some integrated
486	571		operations, such as the provision of services and raw materials. A
487	572		person who owns or operates equipment used solely to provide
488	573		electricity charging service for consumption by alternatively
489	574		fueled vehicles is not for that reason considered to be a retail
490	575		electric utility.
491		-	SECTION 14. Subchapter A, Chapter 37, Utilities Code, is
	576	+	SECTION 18. Subchapter A, Chapter 37, Utilities Code, is
492	577		amended by adding Section 37.002 to read as follows:
493	578		Sec. 37.002. CHARGING SERVICE. The commission may by rule
494	579		exempt from the definition of "retail electric utility" under
495	580		Section 37.001 a provider who owns or operates equipment used
496	581		solely to provide electricity charging service for a mode of
497	582		transportation.
498		-	SECTION 15. (a) In this section:
	583	+	SECTION 19. (a) In this section:
499	584		(1) "Commission" means the Texas Commission on
500	585		Environmental Quality.
501	586		(2) "Vehicle" has the meaning assigned by Section
502	587		541.201, Transportation Code.
503	588		(3) "Vehicle recycler" means a person engaged in the
504	589		business of acquiring, dismantling, or preparing for recycling six
505	590		or more end-of-life vehicles in a calendar year for the primary
506	591		purpose of reselling the vehicles' parts. The term includes a
507	592		salvage vehicle dealer licensed under Chapter 2302, Occupations
508	593		Code.
509	594		(b) Using existing funds, the commission shall conduct a
510	595		study on policies pertaining to the recovery and recycling of
511	596		lithium-ion and other propulsion batteries sold with electric
512	597		vehicles in this state. The study must examine:
513	598		(1) methods to ensure that as close to 100 percent as
514	599		possible of electric vehicle batteries in this state are reused or
515	600		recycled at end-of-life in a safe and cost-effective manner;
516	601		(2) policy recommendations that reflect entire life
517	602		cycle considerations for electric vehicle batteries, including
518	603		opportunities and barriers to the reuse of electric vehicle
519	604		batteries as energy storage systems after a battery is removed from
520	605		a vehicle;
521	606		(3) best management considerations for electric
522	607		vehicle batteries at end-of-life and the overall effect of
523	608		different management practices on the environment;
524	609		(4) in-state and out-of-state options for the
525	610		recycling of electric vehicle batteries; and
526	611		(5) future electric vehicle battery technologies.
527	612		(c) Not later than January 1, 2022, the commission shall
528	613		establish and convene an advisory group to provide guidance and
529	614		direction to the commission for purposes of conducting the study
530	615		required by this section and making legislative recommendations
531	616		based on the study. The advisory group shall meet at least
532	617		quarterly.
533	618		(d) The commission shall appoint to the advisory group at
534	619		least one member from each of the following:
535	620		(1) a representative from the Texas Economic
536	621		Development and Tourism Office;
537	622		(2) a representative from the Public Utility
538	623		Commission of Texas;
539	624		(3) a manufacturer of electric vehicles;
540	625		(4) an organization that represents one or more
541	626		vehicle manufacturers;
542	627		(5) a nonprofit organization that represents
543	628		utilities, electric vehicle manufacturers, and charging companies;
544	629		(6) an electronic waste recycler or an organization
545	630		that represents one or more electronic waste recyclers;
546	631		(7) a vehicle repair dealer or an organization that
547	632		represents one or more vehicle repair dealers;
548	633		(8) a vehicle recycler or an organization that
549	634		represents one or more vehicle recyclers;
550	635		(9) a nationwide environmental organization that
551	636		researches waste reduction and recycling strategies;
552	637		(10) a representative of the large-scale lithium-ion
553	638		and other energy storage technology industries;
554	639		(11) an electric vehicle battery manufacturer; and
555	640		(12) a standards-developing organization that has a
556	641		focus on automotive engineering.
557	642		(e) In advising the commission under this section, the
558	643		advisory group shall consult with:
559	644		(1) universities and research institutions that have
560	645		conducted research in the area of battery recycling;
561	646		(2) manufacturers of electric and hybrid vehicles; and
562	647		(3) the recycling industry.
563	648		(f) Not later than December 1, 2022, the commission shall
564	649		prepare and submit to the governor, the lieutenant governor, and
565	650		each member of the legislature a written report that includes a
566	651		summary of the results of the study conducted under this section and
567	652		any legislative recommendations based on the study.
568	653		(g) The advisory group is abolished and this section expires
569	654		January 1, 2023.
570		-	SECTION 16. The Texas Transportation Electrification
	655	+	SECTION 20. The Texas Transportation Electrification
571	656		Council shall submit its first report under Section 490I.009,
572	657		Government Code, as added by this Act, not later than December 1,
573	658		2024.
574		-	SECTION 17. The changes in law made by this Act to Chapter
	659	+	SECTION 21. The changes in law made by this Act to Chapter
575	660		386, Health and Safety Code, apply only to a Texas emissions
576	661		reduction plan grant awarded on or after the effective date of this
577	662		Act. A grant awarded before the effective date of this Act is
578	663		governed by the law in effect on the date the award was made, and the
579	664		former law is continued in effect for that purpose.
580		-	SECTION 18. Not later than December 1, 2024, the Texas
	665	+	SECTION 22. Not later than December 1, 2024, the Texas
581	666		Commission of Licensing and Regulation shall adopt the rules
582	667		required by Section 2311.002, Occupations Code, as added by this
583	668		Act.
584		-	SECTION 19. This Act takes effect September 1, 2021.
	669	+	SECTION 23. This Act takes effect September 1, 2021.