Texas 2021 - 87th Regular

Texas Senate Bill SB1728 Compare Versions

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1-87R26838 MP-F
2- By: Schwertner, et al. S.B. No. 1728
3- (Canales)
4- Substitute the following for S.B. No. 1728: No.
1+By: Schwertner, Nichols S.B. No. 1728
2+ Powell
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to the equalization for road use by and public charging
10- infrastructure for alternatively fueled vehicles; authorizing a
11- fee and a surcharge.
7+ relating to the equalization for road use consumption for
8+ alternatively fueled vehicles imposed at the time of registration
9+ or registration renewal; authorizing a fee.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Subtitle F, Title 4, Government Code, is amended
14- by adding Chapter 490I to read as follows:
15- CHAPTER 490I. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL
16- Sec. 490I.001. DEFINITION. In this chapter, "council"
17- means the Texas Transportation Electrification Council established
18- by this chapter.
19- Sec. 490I.002. ESTABLISHMENT; COMPOSITION. (a) The Texas
20- Transportation Electrification Council is established.
21- (b) The council is composed of the chair of, or if not
22- applicable, the administrative head of or a senior-level designee
23- from, each of the following entities:
24- (1) the Public Utility Commission of Texas;
25- (2) the Electric Reliability Council of Texas;
26- (3) the Texas Commission on Environmental Quality;
27- (4) the State Energy Conservation Office;
28- (5) the Texas Department of Licensing and Regulation;
29- (6) the Texas Department of Transportation;
30- (7) the Texas Department of Motor Vehicles;
31- (8) the Texas Department of Housing and Community
32- Affairs;
33- (9) the Texas State Affordable Housing Corporation;
34- (10) the Texas Division of Emergency Management; and
35- (11) the Texas Economic Development and Tourism
36- Office.
37- Sec. 490I.003. PRESIDING OFFICER; MEETINGS. (a) The
38- council annually shall elect one member to serve as the presiding
39- officer of the council.
40- (a-1) The executive director of the Texas Department of
41- Transportation shall serve as the initial presiding officer of the
42- council. This subsection expires September 1, 2023.
43- (b) The council shall hold at least four public meetings
44- each year.
45- Sec. 490I.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a)
46- The council is administratively attached to the Texas Department of
47- Transportation.
48- (b) The council shall be funded using existing funds of the
49- Texas Department of Transportation.
50- Sec. 490I.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
51- ASSESSMENT. (a) Not later than March 1, 2022, the council shall
52- prepare an assessment of existing and planned public electric
53- vehicle charging infrastructure and associated technologies in
54- this state using existing databases. The assessment must include
55- the number and types of electric vehicle chargers at each location.
56- (b) The council shall use the assessment in developing the
57- plan required by Section 490I.005.
58- (c) This section expires September 1, 2023.
59- Sec. 490I.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
60- PLAN. (a) The council shall:
61- (1) develop a comprehensive plan for the development
62- of public electric vehicle charging infrastructure and associated
63- technologies in this state through the year 2040; and
64- (2) update the plan biennially.
65- (b) The plan must:
66- (1) include a phased implementation of the plan, in
67- biennial increments, through the year 2040;
68- (2) identify areas in this state for which additional
69- public electric vehicle charging infrastructure is needed to ensure
70- that the vehicle choice of residents of this state is not
71- constrained by a lack of access to adequate public electric vehicle
72- charging infrastructure;
73- (3) provide for sufficient public electric vehicle
74- charging infrastructure to meet and enable future demand for
75- electric vehicles in this state that:
76- (A) ensures that adequate public electric
77- vehicle charging infrastructure is available:
78- (i) with sufficient frequency and capacity
79- to enable users of electric vehicles of various classes to travel
80- border to border and community to community on interstate highways
81- and other major roadways in this state;
82- (ii) along evacuation routes; and
83- (iii) in rural communities, multifamily and
84- underserved communities, town centers, commercial and retail
85- areas, parks and other publicly owned lands, and other areas that
86- are in proximity to where local electric vehicle users live or work;
87- (B) is safe, dependable, serviceable, and
88- operational;
89- (C) maximizes the benefits associated with
90- transportation electrification;
91- (D) enhances commerce by ensuring an adequate
92- distribution of public electric vehicle charging infrastructure is
93- available throughout the state to stimulate lower cost and lower
94- emissions from heavy duty trucking and delivery services;
95- (E) ensures adequate public electric vehicle
96- charging capacity to facilitate commerce:
97- (i) at or near the borders of this state;
98- (ii) in or near airports, rail yards, and
99- seaports; and
100- (iii) at warehouse complexes and truck
101- stops;
102- (F) enhances accessibility of tourist areas to
103- electric vehicle users; and
104- (G) covers any other areas identified by the
105- council;
106- (4) stimulate competition, innovation, and consumer
107- choice in public electric vehicle charging and related
108- infrastructure and services and encourage private capital
109- investment;
110- (5) specify the number and types of electric vehicle
111- chargers per general location that are needed to meet the
112- requirements prescribed by Subdivisions (2), (3), and (4);
113- (6) examine vehicle and charging infrastructure
114- changes necessary to provide demand response functions and two-way
115- electricity flow capability in order to allow vehicle to grid
116- integration for cost savings, grid reliability, and resiliency; and
117- (7) provide for electric transportation corridors in
118- and along Texas Department of Transportation rights-of-way that
119- include the infrastructure needed for vehicle electrification,
120- such as:
121- (A) a greatly expanded global positioning system
122- network for vehicle location accuracy;
123- (B) advanced sensor networks for traffic;
124- (C) intelligent transportation services;
125- (D) connected vehicle applications; and
126- (E) improvements to energy infrastructure needed
127- to provide adequate vehicle charging.
128- (c) In developing and updating the plan, the council:
129- (1) shall use, to the extent practicable, publicly
130- available electric vehicle projections and models based on industry
131- standards to determine, for each year, the percentage and number of
132- electric vehicles by vehicle class that are expected on roadways in
133- this state and the number of electric vehicle chargers that are
134- needed to ensure that there is comprehensive and adequate access to
135- public electric vehicle charging infrastructure in this state; and
136- (2) may rely on scenarios provided by the Electric
137- Reliability Council of Texas or other information from appropriate
138- sources for the percentage and number of electric vehicles by
139- vehicle class on roadways in this state by year.
140- Sec. 490I.006. STATE AGENCY POLICY RECOMMENDATIONS. The
141- council shall develop policy recommendations that state agencies
142- may adopt to encourage the development of an adequate network of
143- public electric vehicle charging infrastructure and associated
144- technologies to meet the future electrified transportation needs in
145- this state through the year 2040.
146- Sec. 490I.007. STAKEHOLDER INPUT. In performing the
147- council's duties under this chapter, the council shall seek advice
148- and input from:
149- (1) privately owned electric utilities;
150- (2) municipally owned electric utilities;
151- (3) electric cooperatives;
152- (4) state and local transportation and transit
153- agencies;
154- (5) port authorities;
155- (6) warehousing and logistics centers;
156- (7) electric vehicle charging infrastructure
157- companies;
158- (8) environmental groups;
159- (9) consumer advocates;
160- (10) motor vehicle manufacturers;
161- (11) nonprofit organizations developing electric
162- vehicle policy;
163- (12) nonprofit organizations representing food or
164- motor fuel providers;
165- (13) apartment associations;
166- (14) low-income community development corporations;
167- (15) nonprofit organizations that represent
168- utilities, electric vehicle manufacturers, and charging companies;
169- and
170- (16) interested members of the public.
171- Sec. 490I.008. AUTHORITY TO CONTRACT AND CONSULT WITH
172- CERTAIN PERSONS. In performing the council's duties under this
173- chapter, the council may:
174- (1) contract with experts, academic scholars, and
175- other appropriate professionals; and
176- (2) consult with the Texas A&M Transportation
177- Institute and institutions of higher education.
178- Sec. 490I.0085. INITIAL REPORT. (a) Not later than
179- December 1, 2022, the council shall prepare and submit to the
180- governor, the lieutenant governor, each member of the legislature,
181- and relevant state and federal agencies a written report of the
182- council's findings that includes:
183- (1) the assessment prepared under Section 490I.0045;
184- (2) the plan developed under Section 490I.005,
185- including the phased implementation of the plan required by
186- Subsection (b)(1) of that section; and
187- (3) the policy recommendations developed under
188- Section 490I.006.
189- (b) This section expires September 1, 2025.
190- Sec. 490I.009. BIENNIAL REPORT. Not later than December 1
191- of each even-numbered year, the council shall prepare and submit to
192- the governor, the lieutenant governor, each member of the
193- legislature, and relevant state and federal agencies a written
194- report that includes:
195- (1) a summary of the progress made on the
196- implementation of the plan developed under Section 490I.005;
197- (2) the biennial update to the plan required under
198- Section 490I.005(a)(2); and
199- (3) any updates to the policy recommendations
200- developed under Section 490I.006.
201- Sec. 490I.010. EXPIRATION. This chapter expires and the
202- council is abolished January 1, 2031.
203- SECTION 2. Section 502.198(a), Transportation Code, is
11+ SECTION 1. Section 502.198(a), Transportation Code, is
20412 amended to read as follows:
20513 (a) Except as provided by Sections 502.058, 502.060,
206- 502.1911, 502.192, 502.356, and 502.357 and Subchapters
207- [Subchapter] H and M, this section applies to all fees collected by
208- a county assessor-collector under this chapter.
209- SECTION 3. Chapter 502, Transportation Code, is amended by
210- adding Subchapter M to read as follows:
211- SUBCHAPTER M. ALTERNATIVELY FUELED VEHICLE FEES
212- Sec. 502.501. DEFINITIONS. In this subchapter:
14+ 502.1911, 502.192, 502.356, [and] 502.357, and 502.360 and
15+ Subchapter H, this section applies to all fees collected by a county
16+ assessor-collector under this chapter.
17+ SECTION 2. Subchapter G, Chapter 502, Transportation Code,
18+ is amended by adding Section 502.360 to read as follows:
19+ Sec. 502.360. EQUALIZATION FOR ROAD USE CONSUMPTION FOR
20+ ALTERNATIVELY FUELED VEHICLES. (a) In this section:
21321 (1) "Alternatively fueled vehicle" means a motor
21422 vehicle that is capable of being powered by a source other than
21523 gasoline or diesel fuel.
21624 (2) "Conventionally fueled vehicle" means a motor
21725 vehicle that is capable of being powered only by gasoline or diesel
21826 fuel.
219- (3) "Electric vehicle" means a motor vehicle that uses
220- electricity as its only source of motor power.
221- (4) "Hybrid electric vehicle" means a motor vehicle,
27+ (3) "Hybrid electric vehicle" means a motor vehicle,
22228 including a plug-in hybrid electric motor vehicle, that is capable
22329 of being powered by both electricity and gasoline, diesel, or
22430 another type of fuel.
225- (5) "Natural gas vehicle" means a motor vehicle that
226- is capable of being powered by compressed natural gas or liquefied
227- natural gas as fuel.
228- (6) "Plug-in hybrid electric vehicle" means a vehicle
229- that is capable of being:
230- (A) powered by a battery that drives an electric
231- motor;
232- (B) powered by an internal combustion engine, or
233- other propulsion source, that uses gasoline or diesel fuel; and
234- (C) recharged by plugging into an electrical
235- outlet or electric vehicle charging station.
236- Sec. 502.502. APPLICABILITY. This subchapter does not
237- apply to:
238- (1) a hybrid electric vehicle that is not a plug-in
239- hybrid electric vehicle;
240- (2) a natural gas vehicle; or
241- (3) a vehicle used exclusively to provide public
242- transportation services.
243- Sec. 502.503. ALTERNATIVELY FUELED VEHICLE FEE. (a) In
244- addition to other fees authorized under this chapter, at the time of
245- application for registration or renewal of registration of an
246- alternatively fueled vehicle, other than a vehicle subject to a fee
247- under Subsection (b), the applicant shall pay an additional fee
248- according to the gross weight of the vehicle, as follows:
249- Weight Classification in pounds Fee Schedule Weight Classification in pounds Fee Schedule
250- Weight Classification in pounds Fee Schedule
251- 0-6,000 $190 0-6,000 $190
252- 0-6,000 $190
253- 6,001-10,000 $240 6,001-10,000 $240
254- 6,001-10,000 $240
31+ (4) "Natural gas vehicle" means a motor vehicle that
32+ is capable of being powered only by compressed natural gas or
33+ liquefied natural gas as fuel.
25534 (b) In addition to other fees authorized under this chapter,
25635 at the time of application for registration or renewal of
257- registration of a plug-in hybrid electric vehicle, the applicant
36+ registration of an alternatively fueled vehicle, other than a
37+ vehicle subject to a fee under Subsection (c) or (d), the applicant
25838 shall pay an additional fee according to the gross weight of the
25939 vehicle, as follows:
26040 Weight Classification in pounds Fee Schedule Weight Classification in pounds Fee Schedule
26141 Weight Classification in pounds Fee Schedule
262- 0-6,000 $30 0-6,000 $30
263- 0-6,000 $30
264- 6,001-10,000 $40 6,001-10,000 $40
265- 6,001-10,000 $40
266- Sec 502.504. MILEAGE FEE ALTERNATIVE. (a) In lieu of
267- paying a fee under Section 502.503, a person who applies for
268- registration or registration renewal of an alternatively fueled
269- vehicle that is equipped with an odometer may pay an annual mileage
270- fee. Notwithstanding Section 548.102, a person may have an
271- alternatively fueled vehicle subject to that section inspected at
272- the end of a one-year period for the purposes of paying a fee under
273- this section.
274- (b) The annual mileage fee for an alternatively fueled
275- vehicle, other than a plug-in hybrid electric vehicle, that weighs
276- 6,000 pounds or less is:
277- Annual Mileage Fee Annual Mileage Fee
278-Annual Mileage Fee
279- 3,000 miles or less $30 3,000 miles or less $30
280-3,000 miles or less $30
281- 3,001 to 6,000 miles $70 3,001 to 6,000 miles $70
282-3,001 to 6,000 miles $70
283- 6,001 to 9,000 miles $110 6,001 to 9,000 miles $110
284-6,001 to 9,000 miles $110
285- 9,001 to 12,000 miles $150 9,001 to 12,000 miles $150
286-9,001 to 12,000 miles $150
287- 12,001 miles or more $190 12,001 miles or more $190
288-12,001 miles or more $190
289- (c) The annual mileage fee for an alternatively fueled
290- vehicle, other than a plug-in hybrid electric vehicle, that weighs
291- more than 6,000 pounds is:
292- Annual Mileage Fee Annual Mileage Fee
293-Annual Mileage Fee
294- 3,000 miles or less $40 3,000 miles or less $40
295-3,000 miles or less $40
296- 3,001 to 6,000 miles $90 3,001 to 6,000 miles $90
297-3,001 to 6,000 miles $90
298- 6,001 to 9,000 miles $140 6,001 to 9,000 miles $140
299-6,001 to 9,000 miles $140
300- 9,001 to 12,000 miles $190 9,001 to 12,000 miles $190
301-9,001 to 12,000 miles $190
302- 12,001 miles or more $240 12,001 miles or more $240
303-12,001 miles or more $240
304- (d) The annual mileage fee for a plug-in hybrid electric
305- vehicle that weighs 6,000 pounds or less is:
306- Annual Mileage Fee Annual Mileage Fee
307-Annual Mileage Fee
308- 3,000 miles or less $5 3,000 miles or less $5
309-3,000 miles or less $5
310- 3,001 to 6,000 miles $10 3,001 to 6,000 miles $10
311-3,001 to 6,000 miles $10
312- 6,001 to 9,000 miles $20 6,001 to 9,000 miles $20
313-6,001 to 9,000 miles $20
314- 9,001 miles or more $30 9,001 miles or more $30
315-9,001 miles or more $30
316- (e) The annual mileage fee for a plug-in hybrid electric
317- vehicle that weighs more than 6,000 pounds is:
318- Annual Mileage Fee Annual Mileage Fee
319-Annual Mileage Fee
320- 3,000 miles or less $10 3,000 miles or less $10
321-3,000 miles or less $10
322- 3,001 to 6,000 miles $20 3,001 to 6,000 miles $20
323-3,001 to 6,000 miles $20
324- 6,001 to 9,000 miles $30 6,001 to 9,000 miles $30
325-6,001 to 9,000 miles $30
326- 9,001 miles or more $40 9,001 miles or more $40
327-9,001 miles or more $40
328- Sec. 502.505. ELECTRIC VEHICLE SURCHARGE. (a) In addition
329- to other fees authorized under this chapter, at the time of
330- application for registration or renewal of registration of an
331- electric vehicle, the applicant shall pay a $10 surcharge.
332- (b) Each surcharge collected under this section shall be
333- deposited to the credit of the general revenue fund and may be used
334- only for the operations of the Texas Transportation Electrification
335- Council established under Chapter 490I, Government Code. This
336- subsection expires September 1, 2030.
337- Sec. 502.506. ANNUAL FEE ADJUSTMENT. (a) On January 1 of
338- each year, the department shall:
339- (1) after September 1, 2030, increase the fees
340- authorized under Sections 502.503 and 502.504 as necessary to
341- adjust for inflation as determined by the National Highway
342- Construction Cost Index; and
343- (2) if the federal government collects a tax on an
344- alternatively fueled vehicle, decrease the fees authorized under
345- Sections 502.503 and 502.504 for the type of vehicle subject to the
346- tax.
347- (b) A fee decreased under Subsection (a)(2) for a fee
348- authorized under:
349- (1) Section 502.503 must be decreased by an amount
350- equal to the amount of the tax collected by the federal government;
351- and
352- (2) Section 502.504 must be decreased by an amount
353- that reflects the amount of the tax reduced proportionally
354- according to the miles traveled by the vehicle during the previous
355- year.
356- (c) The department shall post the planned fee increases or
357- decreases under Subsection (a) on the department's Internet website
358- not later than November 1 of the previous year.
359- Sec. 502.507. ALLOCATION OF FEES. Except as otherwise
360- provided by this subchapter, each fee and surcharge collected under
361- this subchapter shall be deposited to the credit of the state
362- highway fund.
363- Sec. 502.508. RULES. (a) The department shall adopt rules
364- necessary to administer this subchapter.
365- (b) The Department of Public Safety, in consultation with
366- the department, shall adopt rules necessary to implement Section
367- 502.504. A violation of a rule adopted under this subsection is
368- considered to be a violation of Chapter 548 for purposes of Section
369- 548.405 and Subchapter I of that chapter.
370- SECTION 4. Section 548.253, Transportation Code, is amended
371- to read as follows:
372- Sec. 548.253. INFORMATION TO BE SUBMITTED ON COMPLETION OF
373- INSPECTION. An inspection station or inspector, on completion of
374- an inspection, shall electronically submit to the department's
375- inspection database:
376- (1) the vehicle identification number of the inspected
377- vehicle and an indication of whether the vehicle passed the
378- inspections required by this chapter; [and]
379- (2) odometer readings as required by department rule;
380- and
381- (3) any additional information required by rule by the
382- department for the type of vehicle inspected.
383- SECTION 5. The Texas Transportation Electrification
384- Council shall submit its first report under Section 490I.009,
385- Government Code, as added by this Act, not later than December 1,
386- 2024.
387- SECTION 6. This Act takes effect January 1, 2022.
42+ 0-6,000 $200 0-6,000 $200
43+ 0-6,000 $200
44+ 6,001-10,000 $250 6,001-10,000 $250
45+ 6,001-10,000 $250
46+ (c) In addition to other fees authorized under this chapter,
47+ at the time of application for registration or renewal of
48+ registration of a hybrid electric vehicle, the applicant shall pay
49+ an additional fee according to the gross weight of the vehicle, as
50+ follows:
51+ Weight Classification in pounds Fee Schedule Weight Classification in pounds Fee Schedule
52+ Weight Classification in pounds Fee Schedule
53+ 0-6,000 $40 0-6,000 $40
54+ 0-6,000 $40
55+ 6,001-10,000 $50 6,001-10,000 $50
56+ 6,001-10,000 $50
57+ (d) In addition to other fees authorized under this chapter,
58+ at the time of application for registration or renewal of
59+ registration of a natural gas vehicle, the applicant shall pay an
60+ additional fee in an amount equal to the difference between the
61+ amounts calculated under Subsections (e)(1) and (2) for that class
62+ of vehicle.
63+ (e) The department shall, for each class of natural gas
64+ vehicle, calculate:
65+ (1) the average annual amount of taxes imposed under
66+ Chapter 162, Tax Code, that a conventionally fueled vehicle of that
67+ class would pay; and
68+ (2) the average annual amount of taxes imposed under
69+ that chapter that a natural gas vehicle of that class would pay.
70+ (f) The department shall review and update the fee
71+ calculated under Subsection (e) at least once every five years.
72+ (g) Fees collected under this section shall be deposited to
73+ the credit of the state highway fund.
74+ (h) The board shall adopt rules necessary to administer this
75+ section.
76+ SECTION 3. This Act takes effect September 1, 2021.
38877
38978 Weight Classification in pounds Fee Schedule
39079
391- 0-6,000 $190
80+ 0-6,000 $200
39281
393- 6,001-10,000 $240
82+ 6,001-10,000 $250
39483
39584 Weight Classification in pounds Fee Schedule
39685
397- 0-6,000 $30
86+ 0-6,000 $40
39887
399- 6,001-10,000 $40
400-
401-Annual Mileage Fee
402-
403-3,000 miles or less $30
404-
405-3,001 to 6,000 miles $70
406-
407-6,001 to 9,000 miles $110
408-
409-9,001 to 12,000 miles $150
410-
411-12,001 miles or more $190
412-
413-Annual Mileage Fee
414-
415-3,000 miles or less $40
416-
417-3,001 to 6,000 miles $90
418-
419-6,001 to 9,000 miles $140
420-
421-9,001 to 12,000 miles $190
422-
423-12,001 miles or more $240
424-
425-Annual Mileage Fee
426-
427-3,000 miles or less $5
428-
429-3,001 to 6,000 miles $10
430-
431-6,001 to 9,000 miles $20
432-
433-9,001 miles or more $30
434-
435-Annual Mileage Fee
436-
437-3,000 miles or less $10
438-
439-3,001 to 6,000 miles $20
440-
441-6,001 to 9,000 miles $30
442-
443-9,001 miles or more $40
88+ 6,001-10,000 $50