1 | 1 | | By: Goodwin H.B. No. 3637 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to mobile source emissions reductions and transportation |
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7 | 7 | | electrification; authorizing a fee. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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10 | 10 | | by adding Chapter 490I to read as follows: |
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11 | 11 | | CHAPTER 490I. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL |
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12 | 12 | | Sec. 490I.001. DEFINITION. In this chapter, "council" |
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13 | 13 | | means the Texas Transportation Electrification Council established |
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14 | 14 | | by this chapter. |
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15 | 15 | | Sec. 490I.002. ESTABLISHMENT; COMPOSITION. (a) The Texas |
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16 | 16 | | Transportation Electrification Council is established. |
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17 | 17 | | (b) The council is composed of the chair of, or if not |
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18 | 18 | | applicable, the administrative head of, each of the following |
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19 | 19 | | entities: |
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20 | 20 | | (1) the Public Utility Commission of Texas; |
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21 | 21 | | (2) the Electric Reliability Council of Texas; |
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22 | 22 | | (3) the Texas Commission on Environmental Quality; |
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23 | 23 | | (4) the State Energy Conservation Office; |
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24 | 24 | | (5) the Texas Department of Licensing and Regulation; |
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25 | 25 | | (6) the Texas Department of Transportation; |
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26 | 26 | | (7) the Texas Department of Motor Vehicles; |
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27 | 27 | | (8) the Texas Department of Housing and Community |
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28 | 28 | | Affairs; |
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29 | 29 | | (9) the Texas State Affordable Housing Corporation; |
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30 | 30 | | (10) the Texas Division of Emergency Management; and |
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31 | 31 | | (11) the Texas Economic Development and Tourism |
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32 | 32 | | Office. |
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33 | 33 | | Sec. 490I.003. PRESIDING OFFICER; MEETINGS. (a) The |
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34 | 34 | | council annually shall elect one member to serve as the presiding |
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35 | 35 | | officer of the council. |
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36 | 36 | | (a-1) The chair of the Public Utility Commission of Texas |
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37 | 37 | | shall serve as the initial presiding officer of the council. This |
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38 | 38 | | subsection expires September 1, 2023. |
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39 | 39 | | (b) The council shall hold at least four public meetings |
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40 | 40 | | each year. |
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41 | 41 | | Sec. 490I.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a) |
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42 | 42 | | The council is administratively attached to the Texas Department of |
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43 | 43 | | Transportation. |
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44 | 44 | | (b) The council shall be funded using existing funds of the |
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45 | 45 | | Texas Department of Transportation. |
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46 | 46 | | Sec. 490I.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE |
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47 | 47 | | ASSESSMENT. (a) Not later than March 1, 2022, the council shall |
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48 | 48 | | prepare an assessment of existing and planned public electric |
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49 | 49 | | vehicle charging infrastructure and associated technologies in |
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50 | 50 | | this state using existing databases. The assessment must include |
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51 | 51 | | the number and types of electric vehicle chargers at each location. |
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52 | 52 | | (b) The council shall use the assessment in developing the |
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53 | 53 | | plan required by Section 490I.005. |
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54 | 54 | | (c) This section expires September 1, 2023. |
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55 | 55 | | Sec. 490I.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE |
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56 | 56 | | PLAN. (a) The council shall: |
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57 | 57 | | (1) develop a comprehensive plan for the development |
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58 | 58 | | of public electric vehicle charging infrastructure and associated |
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59 | 59 | | technologies in this state through the year 2040; and |
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60 | 60 | | (2) update the plan biennially. |
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61 | 61 | | (b) The plan must: |
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62 | 62 | | (1) include a phased implementation of the plan, in |
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63 | 63 | | biennial increments, through the year 2030; |
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64 | 64 | | (2) identify areas in this state for which additional |
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65 | 65 | | public electric vehicle charging infrastructure is needed to ensure |
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66 | 66 | | that the vehicle choice of residents of this state is not |
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67 | 67 | | constrained by a lack of access to adequate public electric vehicle |
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68 | 68 | | charging infrastructure; |
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69 | 69 | | (3) provide for sufficient public electric vehicle |
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70 | 70 | | charging infrastructure to meet and enable future demand for |
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71 | 71 | | electric vehicles in this state that: |
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72 | 72 | | (A) ensures that adequate public electric |
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73 | 73 | | vehicle charging infrastructure is available: |
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74 | 74 | | (i) with sufficient frequency and capacity |
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75 | 75 | | to enable users of electric vehicles of various classes to travel |
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76 | 76 | | border to border and community to community on interstate highways |
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77 | 77 | | and other major roadways in this state; |
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78 | 78 | | (ii) along evacuation routes and at highway |
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79 | 79 | | rest stops in this state; and |
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80 | 80 | | (iii) in rural communities, multifamily and |
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81 | 81 | | underserved communities, town centers, commercial and retail |
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82 | 82 | | areas, parks and other publicly owned lands, and other areas that |
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83 | 83 | | are in close proximity to where local electric vehicle users live or |
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84 | 84 | | work; |
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85 | 85 | | (B) |
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86 | 86 | | (i) at or near the borders of this state; |
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87 | 87 | | (ii) in or near airports, rail yards, and |
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88 | 88 | | seaports; and |
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89 | 89 | | (iii) at warehouse complexes and truck |
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90 | 90 | | stops; |
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91 | 91 | | (C) enhances accessibility of tourist areas to |
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92 | 92 | | electric vehicle users; and |
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93 | 93 | | (D) covers any other areas identified by the |
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94 | 94 | | council; |
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95 | 95 | | (4) stimulate competition, innovation, consumer |
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96 | 96 | | choices in public electric vehicle charging and related |
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97 | 97 | | infrastructure and services, and encourage private capital |
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98 | 98 | | investment; and |
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99 | 99 | | (5) specify the number and types of electric vehicle |
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100 | 100 | | chargers per general location that are needed to meet the |
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101 | 101 | | requirements prescribed by Subdivisions (2), (3), and (4). |
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102 | 102 | | (c) In developing and updating the plan, the council: |
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103 | 103 | | (1) shall use, to the extent practicable, publicly |
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104 | 104 | | available electric vehicle projections and models based on industry |
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105 | 105 | | standards to determine, for each year, the percentage and number of |
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106 | 106 | | electric vehicles by vehicle class that are expected on roadways in |
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107 | 107 | | this state and the number of electric vehicle chargers that are |
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108 | 108 | | needed to ensure that there is comprehensive and adequate access to |
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109 | 109 | | public electric vehicle charging infrastructure in this state; and |
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110 | 110 | | (2) may rely on scenarios provided by the Electric |
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111 | 111 | | Reliability Council of Texas or other information from appropriate |
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112 | 112 | | sources for the percentage and number of electric vehicles by |
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113 | 113 | | vehicle class on roadways in this state by year. |
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114 | 114 | | Sec. 490I.006. STATE AGENCY POLICY RECOMMENDATIONS. The |
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115 | 115 | | council shall develop policy recommendations that state agencies |
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116 | 116 | | may adopt to encourage the development of an adequate network of |
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117 | 117 | | public electric vehicle charging infrastructure and associated |
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118 | 118 | | technologies to meet the future electrified transportation needs in |
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119 | 119 | | this state through the year 2030. |
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120 | 120 | | Sec. 490I.007. STAKEHOLDER INPUT. In performing the |
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121 | 121 | | council 's duties under this chapter, the council shall seek advice |
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122 | 122 | | and input from: |
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123 | 123 | | (1) privately owned electric utilities; |
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124 | 124 | | (2) municipally owned electric utilities; |
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125 | 125 | | (3) electric cooperatives; |
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126 | 126 | | (4) state and local transportation and transit |
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127 | 127 | | agencies; |
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128 | 128 | | (5) port authorities; |
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129 | 129 | | (6) warehousing and logistics centers; |
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130 | 130 | | (7) electric vehicle charging infrastructure |
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131 | 131 | | companies; |
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132 | 132 | | (8) environmental groups; |
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133 | 133 | | (9) consumer advocates; |
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134 | 134 | | (10) motor vehicle manufacturers; |
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135 | 135 | | (11) nonprofit organizations developing electric |
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136 | 136 | | vehicle policy; |
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137 | 137 | | (12) nonprofit organizations representing food or |
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138 | 138 | | motor fuel providers; |
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139 | 139 | | (13) apartment associations; |
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140 | 140 | | (14) low-income community development corporations; |
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141 | 141 | | and |
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142 | 142 | | (15) interested members of the public. |
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143 | 143 | | Sec. 490I.008. AUTHORITY TO CONTRACT AND CONSULT WITH |
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144 | 144 | | CERTAIN PERSONS. In performing the council 's duties under this |
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145 | 145 | | chapter, the council may: |
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146 | 146 | | (1) contract with experts, academic scholars, and |
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147 | 147 | | other appropriate professionals; and |
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148 | 148 | | (2) consult with the Texas A&M Transportation |
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149 | 149 | | Institute and institutions of higher education. |
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150 | 150 | | Sec. 490I.0085. INITIAL REPORT. (a) Not later than |
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151 | 151 | | December 1, 2022, the council shall prepare and submit to the |
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152 | 152 | | governor, the lieutenant governor, each member of the legislature, |
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153 | 153 | | and relevant state and federal agencies a written report of the |
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154 | 154 | | council 's findings that includes: |
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155 | 155 | | (1) the assessment prepared under Section 490I.0045; |
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156 | 156 | | (2) the plan developed under Section 490I.005, |
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157 | 157 | | including the phased implementation of the plan required by |
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158 | 158 | | Subsection (b)(1) of that section; and |
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159 | 159 | | (3) the policy recommendations developed under |
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160 | 160 | | Section 490I.006. |
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161 | 161 | | (b) This section expires September 1, 2023. |
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162 | 162 | | Sec. 490I.009. BIENNIAL REPORT. Not later than December 1 |
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163 | 163 | | of each even-numbered year, the council shall prepare and submit to |
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164 | 164 | | the governor, the lieutenant governor, each member of the |
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165 | 165 | | legislature, and relevant state and federal agencies a written |
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166 | 166 | | report that includes: |
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167 | 167 | | (1) a summary of the progress made on the |
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168 | 168 | | implementation of the plan developed under Section 490I.005; |
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169 | 169 | | (2) the biennial update to the plan required under |
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170 | 170 | | Section 490I.005(a)(2); and |
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171 | 171 | | (3) any updates to the policy recommendations |
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172 | 172 | | developed under Section 490I.006. |
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173 | 173 | | SECTION 2. Section 386.001, Health and Safety Code, is |
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174 | 174 | | amended by adding Subdivision (4) to read as follows: |
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175 | 175 | | (4) "Federal funds" means all assistance provided to |
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176 | 176 | | the commission from the federal government in the form of grants, |
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177 | 177 | | contracts, loans, loan guarantees, property, cooperative |
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178 | 178 | | agreements, interest subsidies, insurance, direct appropriations, |
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179 | 179 | | or any other method of disbursement. |
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180 | 180 | | SECTION 3. Section 386.152, Health and Safety Code, is |
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181 | 181 | | amended to read as follows: |
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182 | 182 | | Sec. 386.152. APPLICABILITY. |
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183 | 183 | | (a) The provisions of this subchapter relating to a lessee |
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184 | 184 | | do not apply to a person who rents or leases a light-duty motor |
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185 | 185 | | vehicle for a term of 30 days or less. |
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186 | 186 | | (b) The provisions of this subchapter relating to a lessor |
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187 | 187 | | do not apply to a person who rents or leases a light-duty motor |
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188 | 188 | | vehicle to a person for a term of 30 days or less. |
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189 | 189 | | SECTION 4. Section 386.153, Health and Safety Code, is |
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190 | 190 | | amended by amending Subsection (c) and adding Subsection (e) to |
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191 | 191 | | read as follows: |
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192 | 192 | | (c) Only one incentive will be provided for each new |
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193 | 193 | | light-duty motor vehicle. The incentive shall be provided to the |
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194 | 194 | | seller or lessor of the vehicle. The seller or lessor shall credit |
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195 | 195 | | the amount of the incentive to the purchaser or lessee at the time |
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196 | 196 | | the sale is made or the lease is entered into. The incentive may not |
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197 | 197 | | [shall] be provided to a seller [the lessee and not to the |
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198 | 198 | | purchaser] if the motor vehicle is sold [purchased] for the purpose |
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199 | 199 | | of leasing the vehicle to another person. |
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200 | 200 | | (e) The commission shall establish a registration program |
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201 | 201 | | for sellers and lessors of new motor vehicles to apply online and |
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202 | 202 | | receive incentives under this subchapter. The commission shall |
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203 | 203 | | promptly pay the incentives when authorized under the registration |
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204 | 204 | | program established by this subsection. |
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205 | 205 | | SECTION 5. Section 386.154, Health and Safety Code, is |
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206 | 206 | | amended by amending Subsections (a), (b), and (d) and adding |
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207 | 207 | | Subsections (f), (g), and (h) to read as follows: |
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208 | 208 | | (a) A new light-duty motor vehicle powered by compressed |
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209 | 209 | | natural gas or liquefied petroleum gas is eligible for a $5,000 |
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210 | 210 | | incentive if the vehicle: |
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211 | 211 | | (1) has four wheels; |
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212 | 212 | | (2) was originally manufactured to comply with and has |
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213 | 213 | | been certified by an original equipment manufacturer or |
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214 | 214 | | intermediate or final state vehicle manufacturer as complying with, |
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215 | 215 | | or has been altered to comply with, federal motor vehicle safety |
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216 | 216 | | standards, state emissions regulations, and any additional federal |
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217 | 217 | | or state regulations applicable to vehicles powered by compressed |
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218 | 218 | | natural gas or liquefied petroleum gas; |
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219 | 219 | | (3) was manufactured for use primarily on public |
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220 | 220 | | streets, roads, and highways; |
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221 | 221 | | (4) has a dedicated or bi-fuel compressed natural gas |
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222 | 222 | | or liquefied petroleum gas fuel system: |
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223 | 223 | | (A) installed prior to first sale or within 500 |
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224 | 224 | | miles of operation of the vehicle following first sale; and |
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225 | 225 | | (B) with a range of at least 125 miles as |
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226 | 226 | | estimated, published, and updated by the United States |
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227 | 227 | | Environmental Protection Agency; |
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228 | 228 | | (5) has, as applicable, a: |
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229 | 229 | | (A) compressed natural gas fuel system that |
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230 | 230 | | complies with the: |
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231 | 231 | | (i) 2013 NFPA 52 Vehicular Gaseous Fuel |
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232 | 232 | | Systems Code; and |
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233 | 233 | | (ii) American National Standard for Basic |
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234 | 234 | | Requirements for Compressed Natural Gas Vehicle (NGV) Fuel |
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235 | 235 | | Containers, commonly cited as "ANSI/CSA NGV2"; or |
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236 | 236 | | (B) liquefied petroleum gas fuel system that |
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237 | 237 | | complies with: |
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238 | 238 | | (i) the 2011 NFPA 58 Liquefied Petroleum |
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239 | 239 | | Gas Code; and |
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240 | 240 | | (ii) Section VII of the 2013 ASME Boiler and |
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241 | 241 | | Pressure Vessel Code; and |
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242 | 242 | | (6) was sold or leased [acquired] on or after |
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243 | 243 | | September 1, 2013, or a later date established by the commission, by |
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244 | 244 | | the seller or lessor [person] applying for the incentive under this |
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245 | 245 | | subsection and for use or lease by the purchaser or lessee of the |
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246 | 246 | | vehicle [that person] and not for resale. |
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247 | 247 | | (b) If the commission determines that an updated version of |
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248 | 248 | | a code or standard described by Subsection (a)(5) is more stringent |
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249 | 249 | | than the version of the code or standard described by Subsection |
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250 | 250 | | (a)(5), the commission by rule may provide that a vehicle for which |
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251 | 251 | | a seller or lessor [person] applies for an incentive under |
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252 | 252 | | Subsection (a) is eligible for the incentive only if the vehicle |
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253 | 253 | | complies with the updated version of the code or standard. |
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254 | 254 | | (d) A new light-duty motor vehicle powered by an electric |
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255 | 255 | | drive is eligible for a $2,500 incentive if the vehicle: |
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256 | 256 | | (1) has four wheels; |
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257 | 257 | | (2) was manufactured for use primarily on public |
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258 | 258 | | streets, roads, and highways; |
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259 | 259 | | (3) has not been modified from the original |
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260 | 260 | | manufacturer 's specifications; |
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261 | 261 | | (4) has a maximum speed capability of at least 55 miles |
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262 | 262 | | per hour; |
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263 | 263 | | (5) is propelled to a significant extent by an |
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264 | 264 | | electric motor that draws electricity from a hydrogen fuel cell or |
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265 | 265 | | from a battery that: |
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266 | 266 | | (A) has a capacity of not less than four kilowatt |
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267 | 267 | | hours; and |
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268 | 268 | | (B) is capable of being recharged from an |
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269 | 269 | | external source of electricity; [and] |
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270 | 270 | | (6) is not designed, used, or maintained primarily to |
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271 | 271 | | transport property; and |
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272 | 272 | | (7) was sold or leased [acquired] on or after |
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273 | 273 | | September 1, 2013, or a later date as established by the commission, |
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274 | 274 | | by the seller or lessor [person] applying for the incentive under |
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275 | 275 | | this subsection and for use or lease by the purchaser or lessee of |
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276 | 276 | | the vehicle [that person] and not for resale. |
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277 | 277 | | (f) A new light-duty motor vehicle powered by an electric |
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278 | 278 | | drive is eligible for a $4,000 incentive if the vehicle: |
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279 | 279 | | (1) satisfies the requirements of Subsections |
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280 | 280 | | (d)(1)-(5); |
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281 | 281 | | (2) is designed, used, or maintained primarily to |
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282 | 282 | | transport property; and |
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283 | 283 | | (3) was sold or leased on or after September 1, 2021, |
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284 | 284 | | or a later date as established by the commission, by the seller or |
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285 | 285 | | lessor applying for the incentive under this subsection and for use |
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286 | 286 | | or lease by the purchaser or lessee of the vehicle and not for |
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287 | 287 | | resale. |
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288 | 288 | | (g) The incentive under Subsection (f) is limited to 2,000 |
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289 | 289 | | vehicles for each state fiscal biennium. |
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290 | 290 | | (h) Notwithstanding Subsections (c), (e), and (g) and |
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291 | 291 | | subject to Section 386.252(a)(11), at the beginning of the second |
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292 | 292 | | state fiscal year of the biennium, the commission shall adjust the |
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293 | 293 | | initial vehicle limitations provided under Subsections (c), (e), |
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294 | 294 | | and (g) based on demand for incentives under this section during the |
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295 | 295 | | preceding state fiscal year. |
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296 | 296 | | SECTION 6. Sections 386.157(a) and (c), Health and Safety |
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297 | 297 | | Code, are amended to read as follows: |
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298 | 298 | | (a) A seller or lessor of [person who purchases or leases] a |
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299 | 299 | | new light-duty motor vehicle described by Section 386.154 and |
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300 | 300 | | listed under Section 386.156(a) is eligible to apply for an |
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301 | 301 | | incentive under this subchapter. |
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302 | 302 | | (c) To receive money under an incentive program provided by |
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303 | 303 | | this subchapter, the seller or lessor of a light-duty motor vehicle |
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304 | 304 | | shall verify online that funds are available, that the seller or |
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305 | 305 | | lessor is eligible [the purchaser or lessee of a new light-duty |
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306 | 306 | | motor vehicle who is eligible to apply] for an incentive under this |
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307 | 307 | | subchapter, and if the incentive is for a vehicle described by |
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308 | 308 | | Section 386.154(d) or (f), that the purchaser or lessee of the |
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309 | 309 | | vehicle has watched an online video that explains how and when to |
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310 | 310 | | charge an electric vehicle to reduce peak demand for electricity |
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311 | 311 | | and reduce air emissions [shall apply for the incentive in the |
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312 | 312 | | manner provided by law or by rule of the commission]. |
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313 | 313 | | SECTION 7. Section 386.158, Health and Safety Code, is |
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314 | 314 | | amended to read as follows: |
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315 | 315 | | Sec. 386.158. COMMISSION TO ACCOUNT FOR MOTOR VEHICLE |
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316 | 316 | | PURCHASE OR LEASE INCENTIVES. |
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317 | 317 | | (a) The commission by rule shall develop a method to |
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318 | 318 | | administer and account for the motor vehicle purchase or lease |
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319 | 319 | | incentives authorized by this subchapter and to pay incentive money |
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320 | 320 | | to the seller [purchaser] or lessor [lessee] of a new motor |
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321 | 321 | | vehicle[, on application of the purchaser or lessee as provided by |
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322 | 322 | | this subchapter]. |
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323 | 323 | | (b) The commission shall develop and publish online forms |
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324 | 324 | | and instructions for the seller [purchaser] or lessor [lessee] of a |
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325 | 325 | | new motor vehicle to use in applying to the commission for an |
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326 | 326 | | incentive payment under this subchapter. [The commission shall |
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327 | 327 | | make the forms available to new motor vehicle dealers and leasing |
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328 | 328 | | agents. Dealers and leasing agents shall make the forms available |
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329 | 329 | | to their prospective purchasers or lessees.] |
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330 | 330 | | (c) The commission may require the online submission of |
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331 | 331 | | forms and documentation as needed to verify eligibility for an |
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332 | 332 | | incentive under this subchapter. |
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333 | 333 | | SECTION 8. Section 386.159, Health and Safety Code, is |
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334 | 334 | | amended to read as follows: |
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335 | 335 | | Sec. 386.159. PURCHASE OR LEASE INCENTIVES ONLINE PORTAL |
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336 | 336 | | [INFORMATION]. [(a)] The commission shall establish an online |
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337 | 337 | | portal [a toll-free telephone number available to motor vehicle |
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338 | 338 | | dealers and leasing agents for the dealers and agents to call] to |
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339 | 339 | | verify that incentives are available. [The commission may provide |
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340 | 340 | | for issuing verification numbers over the telephone line. |
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341 | 341 | | [(b) Reliance by a dealer or leasing agent on information |
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342 | 342 | | provided by the commission is a complete defense to an action |
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343 | 343 | | involving or based on eligibility of a vehicle for an incentive or |
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344 | 344 | | availability of vehicles eligible for an incentive.] |
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345 | 345 | | SECTION 9. Section 386.160, Health and Safety Code, is |
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346 | 346 | | amended to read as follows: |
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347 | 347 | | Sec. 386.160. RESERVATION OF INCENTIVES. The commission |
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348 | 348 | | may provide for new motor vehicle sellers [dealers] and leasing |
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349 | 349 | | agents to reserve for a limited time period incentives for eligible |
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350 | 350 | | vehicles [that are not readily available and must be ordered,] if |
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351 | 351 | | the seller [dealer] or leasing agent has a purchase or lease order |
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352 | 352 | | signed by an identified customer. |
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353 | 353 | | SECTION 10. Sections 386.250(b) and (c), Health and Safety |
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354 | 354 | | Code, as effective September 1, 2021, are amended to read as |
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355 | 355 | | follows: |
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356 | 356 | | (b) The fund consists of: |
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357 | 357 | | (1) the amount of money deposited to the credit of the |
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358 | 358 | | fund under: |
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359 | 359 | | (A) Section 386.056; |
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360 | 360 | | (B) Sections 151.0515 and 152.0215, Tax Code; and |
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361 | 361 | | (C) Sections 501.138, 502.358, and 548.5055, |
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362 | 362 | | Transportation Code; [and] |
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363 | 363 | | (2) grant money recaptured under Section |
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364 | 364 | | 386.111(d)And Chapter 391; and |
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365 | 365 | | (3) federal funds deposited to the credit of the fund. |
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366 | 366 | | (c) Not later than the 30th day after the last day of each |
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367 | 367 | | state fiscal biennium, the commission shall transfer the |
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368 | 368 | | unencumbered balance of the fund remaining on the last day of the |
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369 | 369 | | state fiscal biennium to the credit of the Texas emissions |
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370 | 370 | | reduction plan account. This subsection does not apply to federal |
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371 | 371 | | funds deposited to the credit of the fund. |
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372 | 372 | | SECTION 11. Section 386.252, Health and Safety Code, as |
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373 | 373 | | effective September 1, 2021, is amended by amending Subsection (a) |
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374 | 374 | | and adding Subsection (i) to read as follows: |
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375 | 375 | | (a) Money in the fund and account may be used only to |
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376 | 376 | | implement and administer programs established under the plan. |
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377 | 377 | | Subject to the reallocation of funds by the commission under |
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378 | 378 | | Subsection (h), money from the fund and account to be used for the |
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379 | 379 | | programs under Section 386.051(b) shall initially be allocated as |
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380 | 380 | | follows: |
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381 | 381 | | (1) four percent may be used for the clean school bus |
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382 | 382 | | program under Chapter 390; |
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383 | 383 | | (2) three percent may be used for the new technology |
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384 | 384 | | implementation grant program under Chapter 391, from which at least |
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385 | 385 | | $1 million will be set aside for electricity storage projects |
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386 | 386 | | related to renewable energy; |
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387 | 387 | | (3) five percent may be used for the clean fleet |
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388 | 388 | | program under Chapter 392; |
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389 | 389 | | (4) not more than $3 million may be used by the |
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390 | 390 | | commission to fund a regional air monitoring program in commission |
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391 | 391 | | Regions 3 and 4 to be implemented under the commission 's oversight, |
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392 | 392 | | including direction regarding the type, number, location, and |
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393 | 393 | | operation of, and data validation practices for, monitors funded by |
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394 | 394 | | the program through a regional nonprofit entity located in North |
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395 | 395 | | Texas having representation from counties, municipalities, higher |
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396 | 396 | | education institutions, and private sector interests across the |
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397 | 397 | | area; |
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398 | 398 | | (5) 10 percent may be used for the Texas natural gas |
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399 | 399 | | vehicle grant program under Chapter 394; |
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400 | 400 | | (6) eight percent [not more than $6 million] may be |
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401 | 401 | | used for the Texas alternative fueling facilities program under |
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402 | 402 | | Chapter 393, of which a specified amount may be used for fueling |
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403 | 403 | | stations to provide natural gas fuel[, except that money may not be |
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404 | 404 | | allocated for the Texas alternative fueling facilities program for |
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405 | 405 | | the state fiscal year ending August 31, 2019]; |
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406 | 406 | | (7) not more than $750,000 may be used each year to |
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407 | 407 | | support research related to air quality as provided by Chapter 387; |
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408 | 408 | | (8) not more than $200,000 may be used for a health |
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409 | 409 | | effects study; |
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410 | 410 | | (9) at least $6 million but not more than $16 million |
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411 | 411 | | may be used by the commission for administrative costs, including |
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412 | 412 | | all direct and indirect costs for administering the plan, costs for |
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413 | 413 | | conducting outreach and education activities, and costs |
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414 | 414 | | attributable to the review or approval of applications for |
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415 | 415 | | marketable emissions reduction credits; |
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416 | 416 | | (10) six percent may be used by the commission for the |
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417 | 417 | | seaport and rail yard areas emissions reduction program established |
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418 | 418 | | under Subchapter D-1; |
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419 | 419 | | (11) five percent may be used for the light-duty motor |
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420 | 420 | | vehicle purchase or lease incentive program established under |
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421 | 421 | | Subchapter D; |
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422 | 422 | | (12) not more than $216,000 may be used by the |
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423 | 423 | | commission to contract with the Energy Systems Laboratory at the |
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424 | 424 | | Texas A&M Engineering Experiment Station annually for the |
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425 | 425 | | development and annual computation of creditable statewide |
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426 | 426 | | emissions reductions obtained through wind and other renewable |
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427 | 427 | | energy resources for the state implementation plan; |
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428 | 428 | | (13) not more than $500,000 may be used for studies of |
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429 | 429 | | or pilot programs for incentives for port authorities located in |
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430 | 430 | | nonattainment areas or affected counties to encourage cargo |
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431 | 431 | | movement that reduces emissions of nitrogen oxides and particulate |
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432 | 432 | | matter; and |
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433 | 433 | | (14) the balance is to be used by the commission for |
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434 | 434 | | the diesel emissions reduction incentive program under Subchapter C |
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435 | 435 | | as determined by the commission. |
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436 | 436 | | (i) Notwithstanding any other law, federal funds deposited |
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437 | 437 | | to the credit of the fund may be used only as provided by the terms |
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438 | 438 | | of the applicable federal funds agreement. |
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439 | 439 | | SECTION 19. (a) In this section: |
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440 | 440 | | (1) "Commission" means the Texas Commission on |
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441 | 441 | | Environmental Quality. |
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442 | 442 | | (2) "Vehicle" has the meaning assigned by Section |
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443 | 443 | | 541.201, Transportation Code. |
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444 | 444 | | (3) "Vehicle recycler" means a person engaged in the |
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445 | 445 | | business of acquiring, dismantling, or preparing for recycling six |
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446 | 446 | | or more end-of-life vehicles in a calendar year for the primary |
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447 | 447 | | purpose of reselling the vehicles ' parts. The term includes a |
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448 | 448 | | salvage vehicle dealer licensed under Chapter 2302, Occupations |
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449 | 449 | | Code. |
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450 | 450 | | (b) Using existing funds, the commission shall conduct a |
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451 | 451 | | study on policies pertaining to the recovery and recycling of |
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452 | 452 | | lithium-ion and other propulsion batteries sold with electric |
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453 | 453 | | vehicles in this state. The study must examine: |
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454 | 454 | | (1) methods to ensure that as close to 100 percent as |
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455 | 455 | | possible of electric vehicle batteries in this state are reused or |
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456 | 456 | | recycled at end-of-life in a safe and cost-effective manner; |
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457 | 457 | | (2) policy recommendations that reflect entire life |
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458 | 458 | | cycle considerations for electric vehicle batteries, including |
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459 | 459 | | opportunities and barriers to the reuse of electric vehicle |
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460 | 460 | | batteries as energy storage systems after a battery is removed from |
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461 | 461 | | a vehicle; |
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462 | 462 | | (3) best management considerations for electric |
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463 | 463 | | vehicle batteries at end-of-life and the overall effect of |
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464 | 464 | | different management practices on the environment; |
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465 | 465 | | (4) in-state and out-of-state options for the |
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466 | 466 | | recycling of electric vehicle batteries; and |
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467 | 467 | | (5) future electric vehicle battery technologies. |
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468 | 468 | | (c) Not later than January 1, 2022, the commission shall |
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469 | 469 | | establish and convene an advisory group to provide guidance and |
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470 | 470 | | direction to the commission for purposes of conducting the study |
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471 | 471 | | required by this section and making legislative recommendations |
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472 | 472 | | based on the study. The advisory group shall meet at least |
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473 | 473 | | quarterly. |
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474 | 474 | | (d) The commission shall appoint to the advisory group at |
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475 | 475 | | least one member from each of the following: |
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476 | 476 | | (1) a representative from the Texas Economic |
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477 | 477 | | Development and Tourism Office; |
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478 | 478 | | (2) a representative from the Public Utility |
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479 | 479 | | Commission of Texas; |
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480 | 480 | | (3) a manufacturer of electric vehicles; |
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481 | 481 | | (4) an organization that represents one or more |
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482 | 482 | | vehicle manufacturers; |
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483 | 483 | | (5) a nonprofit organization that represents |
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484 | 484 | | utilities, electric vehicle manufacturers, and charging companies; |
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485 | 485 | | (6) an electronic waste recycler or an organization |
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486 | 486 | | that represents one or more electronic waste recyclers; |
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487 | 487 | | (7) a vehicle repair dealer or an organization that |
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488 | 488 | | represents one or more vehicle repair dealers; |
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489 | 489 | | (8) a vehicle recycler or an organization that |
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490 | 490 | | represents one or more vehicle recyclers; |
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491 | 491 | | (9) a nationwide environmental organization that |
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492 | 492 | | researches waste reduction and recycling strategies; |
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493 | 493 | | (10) a representative of the large-scale lithium-ion |
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494 | 494 | | and other energy storage technology industries; |
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495 | 495 | | (11) an electric vehicle battery manufacturer; and |
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496 | 496 | | (12) a standards-developing organization that has a |
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497 | 497 | | focus on automotive engineering. |
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498 | 498 | | (e) In advising the commission under this section, the |
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499 | 499 | | advisory group shall consult with: |
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500 | 500 | | (1) universities and research institutions that have |
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501 | 501 | | conducted research in the area of battery recycling; |
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502 | 502 | | (2) manufacturers of electric and hybrid vehicles; and |
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503 | 503 | | (3) the recycling industry. |
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504 | 504 | | (f) Not later than December 1, 2022, the commission shall |
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505 | 505 | | prepare and submit to the governor, the lieutenant governor, and |
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506 | 506 | | each member of the legislature a written report that includes a |
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507 | 507 | | summary of the results of the study conducted under this section and |
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508 | 508 | | any legislative recommendations based on the study. |
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509 | 509 | | (g) The advisory group is abolished and this section expires |
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510 | 510 | | January 1, 2023. |
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511 | 511 | | SECTION 20. The Texas Transportation Electrification |
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512 | 512 | | Council shall submit its first report under Section 490I.009, |
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513 | 513 | | Government Code, as added by this Act, not later than December 1, |
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514 | 514 | | 2024. |
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515 | 515 | | SECTION 21. The changes in law made by this Act to Chapter |
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516 | 516 | | 386, Health and Safety Code, apply only to a Texas emissions |
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517 | 517 | | reduction plan grant awarded on or after the effective date of this |
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518 | 518 | | Act. A grant awarded before the effective date of this Act is |
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519 | 519 | | governed by the law in effect on the date the award was made, and the |
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520 | 520 | | former law is continued in effect for that purpose. |
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521 | 521 | | SECTION 22. Not later than December 1, 2024, the Texas |
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522 | 522 | | Commission of Licensing and Regulation shall adopt the rules |
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523 | 523 | | required by Section 2311.002, Occupations Code, as added by this |
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524 | 524 | | Act. |
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525 | 525 | | SECTION 23. This Act takes effect September 1, 2021. |
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