Texas 2021 - 87th Regular

Texas Senate Bill SB839 Compare Versions

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1	1		By: Schwertner S.B. No. 839
2		-	(Huberty)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the regulation of electric vehicle supply equipment;
8	7		requiring an occupational registration; authorizing fees;
9	8		authorizing an administrative penalty.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Subtitle A, Title 14, Occupations Code, is
12	11		amended by adding Chapter 2311 to read as follows:
13	12		CHAPTER 2311. ELECTRIC VEHICLE SUPPLY EQUIPMENT
14	13		SUBCHAPTER A. GENERAL PROVISIONS
15	14		Sec. 2311.0101. DEFINITIONS. In this chapter:
16	15		(1) "Commercial transaction" means any sale or
17	16		exchange for compensation of electrical energy through a digital
18	17		network.
19	18		(2) "Commission" means the Texas Commission of
20	19		Licensing and Regulation.
21	20		(3) "Department" means the Texas Department of
22	21		Licensing and Regulation.
23	22		(4) "Digital network" means an online-enabled
24	23		application, website, or system offered or used by an electric
25	24		vehicle charging provider that allows a user to initiate a
26	25		commercial transaction to dispense electrical energy from electric
27	26		vehicle supply equipment to an electric vehicle.
28	27		(5) "Electric vehicle supply equipment" means a device
29	28		or equipment used to dispense electrical energy to an electric
30	29		vehicle.
31	30		(6) "Electric vehicle supply provider" means an owner
32	31		or operator of electric vehicle supply equipment that is available
33	32		and accessible to the public to provide electrical energy through a
34	33		commercial transaction.
35	34		SUBCHAPTER B. POWERS AND DUTIES
36	35		Sec. 2311.0201. RULES. The commission shall adopt rules as
37	36		necessary to implement this chapter.
38	37		Sec. 2311.0202. FEES. The commission by rule shall set fees
39	38		in amounts sufficient to cover the costs of administering this
40	39		chapter.
41	40		Sec. 2311.0203. CONTRACT. The department may contract to
42	41		perform the department's duties related to electric vehicle supply
43	42		equipment, including inspections. A reference in this chapter to
44	43		the commission or department in the context of a contracted service
45	44		means the contractor.
46	45		Sec. 2311.0204. INSPECTION OF ELECTRIC VEHICLE SUPPLY
47	46		EQUIPMENT. The department may periodically, or in response to a
48	47		complaint, conduct an inspection of electric vehicle supply
49	48		equipment in order to verify compliance with registration
50	49		requirements and standards established in this chapter and
51	50		commission rules, unless electric vehicle supply equipment is
52	51		exempt from the application of this chapter by commission rule.
53	52		Sec. 2311.0205. COMPLAINTS REGARDING ELECTRIC VEHICLE
54	53		SUPPLY EQUIPMENT. In accordance with Chapter 51, the executive
55	54		director of the department shall establish methods by which
56	55		consumers are notified of the name, Internet website address,
57	56		mailing address, and telephone number of the department for the
58	57		purpose of directing complaints to the department.
59	58		Sec. 2311.0206. EXEMPTIONS. (a) The commission by rule may
60	59		exempt electric vehicle supply equipment from a requirement
61	60		established by this chapter if the commission determines that
62	61		imposing or enforcing the requirement:
63	62		(1) is not cost-effective for the department;
64	63		(2) is not feasible with current resources or
65	64		standards; or
66	65		(3) will not substantially benefit or protect
67	66		consumers.
68	67		(b) Electric vehicle supply equipment is exempt from the
69	68		requirements of this chapter if, in accordance with commission
70	69		rule, the electric vehicle supply equipment is:
71	70		(1) installed in or adjacent to a private residence
72	71		for noncommercial use; or
73	72		(2) provided at no charge for the exclusive use of an
74	73		individual, or a group of individuals, including employees,
75	74		tenants, visitors, or residents of a multiunit housing or office
76	75		development.
77	76		SUBCHAPTER C. OPERATION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT
78	77		Sec. 2311.0301. DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER.
79	78		Unless electric vehicle supply equipment is exempt from the
80	79		application of this chapter or has been removed from service, an
81	80		electric vehicle supply provider shall:
82	81		(1) have electric vehicle supply equipment inspected
83	82		as prescribed by commission rule; and
84	83		(2) maintain electric vehicle supply equipment in
85	84		compliance with maintenance specifications, this chapter, and
86	85		commission rule.
87	86		Sec. 2311.0302. REQUIRED REGISTRATION. (a) Unless
88	87		electric vehicle supply equipment is exempt from the application of
89	88		this chapter by commission rule, an electric vehicle supply
90	89		provider shall register each charging unit of electric vehicle
91	90		supply equipment operated by the provider with the department
92	91		before the electric vehicle supply equipment is made available for
93	92		use on a digital network for a commercial transaction.
94	93		(b) The department shall issue a registration to each
95	94		applicant that meets the requirements of this chapter and submits
96	95		an application that meets the requirements of this section. An
97	96		application for electric vehicle supply equipment registration
98	97		must:
99	98		(1) be submitted to the department in a manner
100	99		prescribed by the department;
101	100		(2) be accompanied by any other document or form
102	101		required by the department;
103	102		(3) include any fee required under Section 2311.0202;
104	103		and
105	104		(4) include documentation of compliance with Section
106	105		2311.0303, as prescribed by commission rule.
107	106		(c) A registration under this section is valid for one or
108	107		two years as established by commission rule. The registration must
109	108		be renewed at or before the end of each registration period.
110	109		Sec. 2311.0303. SPECIFICATIONS. (a) Specifications for
111	110		the installation and operation of electric vehicle supply equipment
112	111		must be the same as those recommended by the National Institute of
113	112		Standards and Technology.
114	113		(b) Electric vehicle supply equipment must be installed and
115	114		operated in accordance with Chapter 1305.
116	115		(c) The commission may adopt rules as necessary to establish
117	116		standards under this chapter.
118	117		Sec. 2311.0304. FEES; DISCLOSURES. (a) An electric
119	118		vehicle supply provider shall disclose on the display of the
120	119		electric vehicle supply equipment or on the electric vehicle supply
121	120		provider's digital network:
122	121		(1) the fee calculation method or methods; and
123	122		(2) applicable surcharges.
124	123		(b) Before the user begins charging, the electric vehicle
125	124		supply provider shall disclose:
126	125		(1) the rate the user will be charged at the time of
127	126		the transaction based on the available fee calculation method or
128	127		methods; and
129	128		(2) a list of applicable surcharges.
130	129		(c) In accordance with commission rule, an electric vehicle
131	130		supply provider shall show on the display of the provider's
132	131		electric vehicle supply equipment or on the provider's digital
133	132		network a notice to consumers that:
134	133		(1) states that the department regulates electric
135	134		vehicle supply equipment; and
136	135		(2) provides information on filing a complaint with
137	136		the department about electric vehicle supply equipment.
138	137		Sec. 2311.0305. ELECTRONIC RECEIPT. After a reasonable
139	138		period following the completion of a commercial transaction for
140	139		electric vehicle charging, on request of a user, the electric
141	140		vehicle supply provider shall transmit an electronic summary that
142	141		includes:
143	142		(1) the date and time of the transaction;
144	143		(2) the physical location of the electric vehicle
145	144		supply equipment;
146	145		(3) the duration of and kilowatt hours provided during
147	146		the transaction; and
148	147		(4) an itemization of the total fees paid, including
149	148		surcharges, if applicable.
150	149		Sec. 2311.0306. REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY
151	150		EQUIPMENT. (a) An electric vehicle supply provider shall:
152	151		(1) remove from operation in a manner that prevents
153	152		use and access by the public, in accordance with commission rules,
154	153		electric vehicle supply equipment that poses a safety risk; and
155	154		(2) remove electric vehicle supply equipment that
156	155		poses a safety risk from the electric vehicle supply provider's
157	156		digital network listing of available charging units.
158	157		(b) If the department determines that electric vehicle
159	158		supply equipment poses a safety risk, the department shall place a
160	159		tag or other mark with the words "Out of Order" on the electric
161	160		vehicle supply equipment.
162	161		(c) An electric vehicle supply provider may not return
163	162		electric vehicle supply equipment to operation until the equipment
164	163		has been repaired in accordance with manufacturer specifications
165	164		and commission rule.
166	165		SUBCHAPTER D. ENFORCEMENT
167	166		Sec. 2311.0401. DISCIPLINARY ACTION. A person is subject
168	167		to the denial of an application, imposition of an administrative
169	168		penalty under Subchapter F, Chapter 51, or disciplinary action
170	169		under Section 51.353 if the person engages in a commercial
171	170		transaction in violation of this chapter or a rule adopted under
172	171		this chapter.
173	172		Sec. 2311.0402. ADMINISTRATIVE PROCEDURES. A proceeding
174	173		for the denial of a registration or a disciplinary action or an
175	174		appeal from that proceeding is governed by Chapter 2001, Government
176	175		Code.
177	176		SECTION 2. (a) The Texas Commission of Licensing and
178	177		Regulation shall adopt rules necessary to implement the changes in
179	178		law made by this Act not later than December 1, 2022.
180	179		(b) Notwithstanding any other provision of this Act,
181	180		electric vehicle supply equipment installed before December 31,
182	181		2021, is exempt from the requirements of Section 2311.0303,
183	182		Occupations Code, as added by this Act, until the fifth anniversary
184	183		of the date the rules described by Subsection (a) of this section
185	184		are adopted.
186	185		SECTION 3. (a) The Texas Department of Licensing and
187	186		Regulation may establish and lead a stakeholder work group to
188	187		provide input, advice, and recommendations on the activities under
189	188		this Act. The Texas Department of Licensing and Regulation shall
190	189		establish the size, composition, and scope of the stakeholder work
191	190		group.
192	191		(b) This section expires on December 1, 2022.
193	192		SECTION 4. (a) An electric vehicle supply provider shall
194	193		register all of the provider's electric vehicle supply equipment in
195	194		operation in this state not later than March 1, 2023.
196	195		(b) Electric vehicle supply equipment installed in this
197	196		state before the effective date of this Act must be operated in
198	197		compliance with manufacturer specifications, this chapter, and
199	198		Texas Commission of Licensing and Regulation rules not later than
200	199		March 1, 2024.
201	200		(c) Electric vehicle supply equipment installed on or after
202	201		September 1, 2021, and before February 28, 2023, must be operated in
203	202		compliance with manufacturer specifications, this chapter, and
204	203		Texas Commission of Licensing and Regulation rules not later than
205	204		March 1, 2023.
206	205		(d) Electric vehicle supply equipment installed on or after
207	206		March 1, 2023, must be operated in compliance with manufacturer
208	207		specifications, this chapter, and Texas Commission of Licensing and
209	208		Regulation rules, and be registered with the Texas Department of
210	209		Licensing and Regulation prior to operation.
211	210		SECTION 5. This Act takes effect September 1, 2021.