By: Canales H.B. No. 2191
A BILL TO BE ENTITLED
AN ACT
relating to mobile source emissions reductions and transportation
electrification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 490J to read as follows:
CHAPTER 490J. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL
Sec. 490J.001. DEFINITION. In this chapter, "council"
means the Texas Transportation Electrification Council established
by this chapter.
Sec. 490J.002. ESTABLISHMENT; COMPOSITION. (a) The Texas
Transportation Electrification Council is established.
(b) The council is composed of the chair of, or if not
applicable, the administrative head of or a senior-level designee
from, each of the following entities:
(1) the Public Utility Commission of Texas;
(2) the Electric Reliability Council of Texas;
(3) the Texas Commission on Environmental Quality;
(4) the State Energy Conservation Office;
(5) the Texas Department of Licensing and Regulation;
(6) the Texas Department of Transportation;
(7) the Texas Department of Motor Vehicles;
(8) the Texas Department of Housing and Community
Affairs;
(9) the Texas State Affordable Housing Corporation;
(10) the Texas Division of Emergency Management; and
(11) the Texas Economic Development and Tourism
Office.
Sec. 490J.003. PRESIDING OFFICER; MEETINGS. (a) The
council annually shall elect one member to serve as the presiding
officer of the council.
(a-1) The executive director of the Texas Department of
Transportation shall serve as the initial presiding officer of the
council. This subsection expires September 1, 2025.
(b) The council shall hold at least four public meetings
each year.
Sec. 490J.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a)
The council is administratively attached to the Texas Department of
Transportation.
(b) The council shall be funded using existing funds of the
Texas Department of Transportation, including statewide planning
and research funds.
Sec. 490J.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
ASSESSMENT. (a) Not later than March 1, 2024, using existing
databases, the council shall prepare an assessment of existing and
planned public electric vehicle charging infrastructure and
associated technologies in this state, including planned
infrastructure and associated technologies by private entities.
The assessment must include the number and types of electric
vehicle chargers at each location.
(b) The council shall use the assessment in developing the
plan required by Section 490J.005.
(c) This section expires September 1, 2030.
Sec. 490J.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
PLAN. (a) The council shall:
(1) develop a comprehensive plan for the development
of public electric vehicle charging infrastructure and associated
technologies in this state through the year 2040; and
(2) update the plan biennially.
(b) The plan must:
(1) include a phased implementation of the plan, in
biennial increments through the year 2030, that complements
electric vehicle charging infrastructure planned and installed
pursuant to the Infrastructure Investment and Jobs Act (Pub. L.
No. 117-58);
(2) identify areas in this state for which additional
public electric vehicle charging infrastructure is needed to ensure
that the vehicle choice of residents of this state is not
constrained by a lack of access to adequate public electric vehicle
charging infrastructure;
(3) provide for sufficient public electric vehicle
charging infrastructure to meet and enable future demand for
electric vehicles in this state that:
(A) ensures that adequate public electric
vehicle charging infrastructure is available:
(i) with sufficient frequency and capacity
to enable users of electric vehicles of various classes to travel
border to border and community to community on interstate highways
and other major roadways in this state;
(ii) along evacuation routes and at highway
rest stops in this state; and
(iii) in rural communities, multifamily and
underserved communities, town centers, commercial and retail
areas, parks and other publicly owned lands, and other areas that
are in close proximity to where local electric vehicle users live or
work;
(B) is safe, dependable, serviceable, and
operational;
(C) maximizes the benefits associated with
transportation electrification;
(D) enhances commerce by ensuring an adequate
distribution of public electric vehicle charging infrastructure is
available throughout the state to stimulate lower costs and lower
emissions from heavy duty trucking and delivery services;
(E) ensures adequate public electric vehicle
charging capacity to facilitate commerce and enhance
electrification of freight movement:
(i) at or near the borders of this state;
(ii) in or near airports, rail yards, and
seaports; and
(iii) at warehouse complexes and truck
stops;
(F) enhances accessibility of tourist areas to
electric vehicle users; and
(G) covers any other areas identified by the
council;
(4) stimulate competition, innovation, and consumer
choices in public electric vehicle charging and related
infrastructure and services and encourage private capital
investment;
(5) specify the number and types of electric vehicle
chargers per general location that are needed to meet the
requirements prescribed by Subdivisions (2), (3), and (4);
(6) examine vehicle and charging infrastructure
changes necessary to provide demand response functions and two-way
electricity flow capability in order to allow vehicle-to-grid
integration for cost savings, grid reliability, and resiliency; and
(7) provide for electric transportation corridors in
and along Texas Department of Transportation rights-of-way that
include the infrastructure needed for vehicle electrification,
such as:
(A) a greatly expanded global positioning system
network for vehicle location accuracy;
(B) advanced sensor networks for traffic;
(C) intelligent transportation services;
(D) connected vehicle applications; and
(E) improvements to energy infrastructure needed
to provide adequate vehicle charging.
(c) In developing and updating the plan, the council:
(1) shall use, to the extent practicable, publicly
available electric vehicle projections and models based on industry
standards to determine, for each year, the percentage and number of
electric vehicles by vehicle class that are expected on roadways in
this state and the number of electric vehicle chargers that are
needed to ensure that there is comprehensive and adequate access to
public electric vehicle charging infrastructure in this state; and
(2) may rely on scenarios provided by the Electric
Reliability Council of Texas or other information from appropriate
sources for the percentage and number of electric vehicles by
vehicle class on roadways in this state by year.
(d) The council may work with state agencies and the
Electric Reliability Council of Texas to obtain information as
needed to develop or update the plan, including:
(1) an assessment of vehicle fleet plans for
electrification;
(2) an assessment of the costs of system upgrades to
serve new electric grid interconnections, giving consideration to
resilience, reliability, and other grid impacts; and
(3) detailed hosting capacity maps that enable
identification of preferable least-cost locations for charging
infrastructure that optimize existing distribution system assets.
Sec. 490J.006. STATE AGENCY POLICY RECOMMENDATIONS. The
council shall develop policy recommendations that state agencies
may adopt to encourage the development of an adequate network of
public electric vehicle charging infrastructure and associated
technologies to meet the future electrified transportation needs in
this state through the year 2030.
Sec. 490J.007. STAKEHOLDER INPUT. In performing the
council's duties under this chapter, the council shall seek advice
and input from:
(1) privately owned electric utilities;
(2) municipally owned electric utilities;
(3) electric cooperatives;
(4) state and local transportation and transit
agencies;
(5) port authorities;
(6) warehousing and logistics centers;
(7) electric vehicle charging infrastructure
companies;
(8) environmental groups;
(9) organizations that represent the interests of
individuals who live near areas that have a significant amount of
freight traffic;
(10) consumer advocates;
(11) motor vehicle manufacturers;
(12) nonprofit organizations developing electric
vehicle policy;
(13) nonprofit organizations representing food or
motor fuel providers;
(14) apartment associations;
(15) low-income community development corporations;
(16) nonprofit organizations that represent
utilities, electric vehicle manufacturers, and charging companies;
and
(17) interested members of the public.
Sec. 490J.008. AUTHORITY TO CONTRACT AND CONSULT WITH
CERTAIN PERSONS. In performing the council's duties under this
chapter, the council may:
(1) contract with:
(A) electrification organizations; and
(B) experts, academic scholars, and other
appropriate professionals; and
(2) consult with the Texas A&M Transportation
Institute and institutions of higher education, as defined by
Section 61.003, Education Code.
Sec. 490J.0085. INITIAL REPORT. (a) Not later than
December 1, 2024, the council shall prepare and submit to the
governor, the lieutenant governor, each member of the legislature,
and relevant state and federal agencies an initial written report
of the council's findings that includes:
(1) the assessment prepared under Section 490J.0045;
(2) the plan developed under Section 490J.005,
including the phased implementation of the plan required by
Subsection (b)(1) of that section; and
(3) the policy recommendations developed under
Section 490J.006.
(b) This section expires September 1, 2030.
Sec. 490J.009. BIENNIAL REPORT. Not later than December 1
of each even-numbered year, the council shall prepare and submit to
the governor, the lieutenant governor, each member of the
legislature, and relevant state and federal agencies a written
report that includes:
(1) a summary of the progress made on the
implementation of the plan developed under Section 490J.005;
(2) the biennial update to the plan required under
Section 490J.005(a)(2); and
(3) any updates to the policy recommendations
developed under Section 490J.006.
SECTION 2. Section 386.001, Health and Safety Code, is
amended by adding Subdivision (4) to read as follows:
(4) "Federal funds" means all assistance provided to
the commission from the federal government in the form of grants,
contracts, loans, loan guarantees, property, cooperative
agreements, interest subsidies, insurance, direct appropriations,
or any other method of disbursement.
SECTION 3. Section 386.051(b), Health and Safety Code, is
amended to read as follows:
(b) Under the plan, the commission and the comptroller shall
provide grants or other funding for:
(1) the diesel emissions reduction incentive program
established under Subchapter C, including for infrastructure
projects established under that subchapter;
(2) the motor vehicle purchase or lease incentive
program established under Subchapter D;
(3) the air quality research support program
established under Chapter 387;
(4) the clean school bus program established under
Chapter 390;
(5) the new technology implementation grant program
established under Chapter 391;
(6) the regional air monitoring program established
under Section 386.252(a);
(7) a health effects study as provided by Section
386.252(a);
(8) air quality planning activities as provided by
Section 386.252(d);
(9) a contract with the Energy Systems Laboratory at
the Texas A&M Engineering Experiment Station for computation of
creditable statewide emissions reductions as provided by Section
386.252(a);
(10) the Texas clean fleet program established under
Chapter 392;
(11) the Texas alternative fueling facilities program
established under Chapter 393;
(12) the Texas natural gas vehicle grant program
established under Chapter 394;
(13) other programs the commission may develop that
lead to reduced emissions of nitrogen oxides, particulate matter,
or volatile organic compounds in a nonattainment area or affected
county;
(14) other programs the commission may develop that
support congestion mitigation to reduce mobile source ozone
precursor emissions;
(15) the seaport and rail yard areas emissions
reduction program established under Subchapter D-1, including the
grant program established under Section 386.184;
(16) conducting research and other activities
associated with making any necessary demonstrations to the United
States Environmental Protection Agency to account for the impact of
foreign emissions or an exceptional event;
(17) studies of or pilot programs for incentives for
port authorities located in nonattainment areas or affected
counties as provided by Section 386.252(a);
(18) the governmental alternative fuel fleet grant
program established under Chapter 395; and
(19) remittance of funds to the state highway fund for
use by the Texas Department of Transportation for congestion
mitigation and air quality improvement projects in nonattainment
areas and affected counties.
SECTION 4. Section 386.152, Health and Safety Code, is
amended to read as follows:
Sec. 386.152. APPLICABILITY. (a) The provisions of this
subchapter relating to a lessee do not apply to a person who rents
or leases a light-duty motor vehicle for a term of 30 days or less.
(b) The provisions of this subchapter relating to a lessor
do not apply to a person who rents or leases a light-duty motor
vehicle to a person for a term of 30 days or less.
SECTION 5. Section 386.153, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (e) to
read as follows:
(c) Only one incentive will be provided for each new
light-duty motor vehicle. The incentive shall be provided to the
seller or lessor of the vehicle. The seller or lessor shall credit
the amount of the incentive to the purchaser or lessee at the time
the sale is made or the lease is entered into. The incentive may not
[shall] be provided to a seller [the lessee and not to the
purchaser] if the motor vehicle is sold [purchased] for the purpose
of leasing the vehicle to another person.
(e) The commission shall establish a registration program
for sellers and lessors of new motor vehicles to apply online and
receive incentives under this subchapter. The commission shall
promptly pay the incentives when authorized under the registration
program established by this subsection.
SECTION 6. Section 386.154, Health and Safety Code, is
amended by amending Subsections (a), (b), and (d) and adding
Subsections (f) and (g) to read as follows:
(a) A new light-duty motor vehicle powered by compressed
natural gas or liquefied petroleum gas is eligible for a $5,000
incentive if the vehicle:
(1) has four wheels;
(2) was originally manufactured to comply with and has
been certified by an original equipment manufacturer or
intermediate or final state vehicle manufacturer as complying with,
or has been altered to comply with, federal motor vehicle safety
standards, state emissions regulations, and any additional federal
or state regulations applicable to vehicles powered by compressed
natural gas or liquefied petroleum gas;
(3) was manufactured for use primarily on public
streets, roads, and highways;
(4) has a dedicated or bi-fuel compressed natural gas
or liquefied petroleum gas fuel system:
(A) installed prior to first sale or within 500
miles of operation of the vehicle following first sale; and
(B) with a range of at least 125 miles as
estimated, published, and updated by the United States
Environmental Protection Agency;
(5) has, as applicable, a:
(A) compressed natural gas fuel system that
complies with the:
(i) 2013 NFPA 52 Vehicular Gaseous Fuel
Systems Code; and
(ii) American National Standard for Basic
Requirements for Compressed Natural Gas Vehicle (NGV) Fuel
Containers, commonly cited as "ANSI/CSA NGV2"; or
(B) liquefied petroleum gas fuel system that
complies with:
(i) the 2011 NFPA 58 Liquefied Petroleum
Gas Code; and
(ii) Section VII of the 2013 ASME Boiler and
Pressure Vessel Code; and
(6) was sold or leased [acquired] on or after
September 1, 2013, or a later date established by the commission, by
the seller or lessor [person] applying for the incentive under this
subsection and for use or lease by the purchaser or lessee of the
vehicle [that person] and not for resale.
(b) If the commission determines that an updated version of
a code or standard described by Subsection (a)(5) is more stringent
than the version of the code or standard described by Subsection
(a)(5), the commission by rule may provide that a vehicle for which
a seller or lessor [person] applies for an incentive under
Subsection (a) is eligible for the incentive only if the vehicle
complies with the updated version of the code or standard.
(d) A new light-duty motor vehicle powered by an electric
drive is eligible for a $2,500 incentive if the total
consideration, as defined by Section 152.002, Tax Code, of the
vehicle is less than $55,000 and the vehicle:
(1) has four wheels;
(2) was manufactured for use primarily on public
streets, roads, and highways;
(3) has not been modified from the original
manufacturer's specifications;
(4) has a maximum speed capability of at least 55 miles
per hour;
(5) is propelled to a significant extent by an
electric motor that draws electricity from a hydrogen fuel cell or
from a battery that:
(A) has a capacity of not less than four kilowatt
hours; and
(B) is capable of being recharged from an
external source of electricity; [and]
(6) is not designed, used, or maintained primarily to
transport property; and
(7) was sold or leased [acquired] on or after
September 1, 2013, or a later date as established by the commission,
by the seller or lessor [person] applying for the incentive under
this subsection and for use or lease by the purchaser or lessee of
the vehicle [that person] and not for resale.
(f) A new light-duty motor vehicle powered by an electric
drive is eligible for a $4,000 incentive if the vehicle:
(1) has four wheels;
(2) was manufactured for use primarily on public
streets, roads, and highways;
(3) has not been modified from the original
manufacturer's specifications;
(4) has a maximum speed capability of at least 55 miles
per hour;
(5) is propelled solely by an electric motor that
draws electricity from a battery that:
(A) has a capacity of not less than four kilowatt
hours; and
(B) is capable of being recharged from an
external source of electricity;
(6) is designed, used, or maintained primarily to
transport property; and
(7) was sold or leased on or after September 1, 2024,
or a later date as established by the commission, by the seller or
lessor applying for the incentive under this subsection and for use
or lease by the purchaser or lessee of the vehicle and not for
resale.
(g) Notwithstanding Subsections (c) and (e), and subject to
Section 386.252(a)(11), at the beginning of the second state fiscal
year of the biennium, the commission shall adjust the initial
vehicle limitations provided under Subsections (c) and (e) based on
demand for incentives under this section during the preceding state
fiscal year.
SECTION 7. Sections 386.157(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) A seller or lessor of [person who purchases or leases] a
new light-duty motor vehicle described by Section 386.154 and
listed under Section 386.156(a) is eligible to apply for an
incentive under this subchapter.
(c) To receive money under an incentive program provided by
this subchapter, the seller or lessor of a light-duty motor vehicle
shall verify online that funds are available, that the seller or
lessor is eligible [the purchaser or lessee of a new light-duty
motor vehicle who is eligible to apply] for an incentive under this
subchapter, and if the incentive is for a vehicle described by
Section 386.154(d) or (f), that the purchaser or lessee of the
vehicle has watched an online video that explains how and when to
charge an electric vehicle to reduce peak demand for electricity
and reduce air emissions [shall apply for the incentive in the
manner provided by law or by rule of the commission].
SECTION 8. Section 386.158, Health and Safety Code, is
amended to read as follows:
Sec. 386.158. COMMISSION TO ACCOUNT FOR MOTOR VEHICLE
PURCHASE OR LEASE INCENTIVES. (a) The commission by rule shall
develop a method to administer and account for the motor vehicle
purchase or lease incentives authorized by this subchapter and to
pay incentive money to the seller [purchaser] or lessor [lessee] of
a new motor vehicle[, on application of the purchaser or lessee as
provided by this subchapter].
(b) The commission shall develop and publish online forms
and instructions for the seller [purchaser] or lessor [lessee] of a
new motor vehicle to use in applying to the commission for an
incentive payment under this subchapter. [The commission shall
make the forms available to new motor vehicle dealers and leasing
agents. Dealers and leasing agents shall make the forms available
to their prospective purchasers or lessees.]
(c) The commission may require the online submission of
forms and documentation as needed to verify eligibility for an
incentive under this subchapter.
SECTION 9. Section 386.159, Health and Safety Code, is
amended to read as follows:
Sec. 386.159. PURCHASE OR LEASE INCENTIVES ONLINE PORTAL
[INFORMATION]. [(a)] The commission shall establish an online
portal [a toll-free telephone number available to motor vehicle
dealers and leasing agents for the dealers and agents to call] to
verify that incentives are available. [The commission may provide
for issuing verification numbers over the telephone line.
[(b) Reliance by a dealer or leasing agent on information
provided by the commission is a complete defense to an action
involving or based on eligibility of a vehicle for an incentive or
availability of vehicles eligible for an incentive.]
SECTION 10. Section 386.160, Health and Safety Code, is
amended to read as follows:
Sec. 386.160. RESERVATION OF INCENTIVES. The commission
may provide for new motor vehicle sellers [dealers] and leasing
agents to reserve for a limited time period incentives for eligible
vehicles [that are not readily available and must be ordered,] if
the seller [dealer] or leasing agent has a purchase or lease order
signed by an identified customer.
SECTION 11. Section 386.181(b), Health and Safety Code, is
amended to read as follows:
(b) The commission may include more specific definitions in
the rules or guidelines developed to implement the programs
[program] established by this subchapter in order to reduce
emissions in and around seaports in a nonattainment area.
SECTION 12. Subchapter D-1, Chapter 386, Health and Safety
Code, is amended by adding Section 386.184 to read as follows:
Sec. 386.184. GRANT PROGRAM FOR ALTERNATIVELY FUELED DRAYAGE
TRUCK OR CARGO HANDLING EQUIPMENT INFRASTRUCTURE PROJECTS. (a)
The commission shall establish and administer a grant program to
encourage the purchase, construction, and installation of
infrastructure needed to support the use of drayage trucks that are
or cargo handling equipment that is powered by an alternative fuel,
as defined by Section 393.001.
(b) A grant awarded under the program established by this
section may not exceed more than 80 percent of the estimated
purchase, construction, and installation costs of the
infrastructure project, provided that the commission may establish
a reasonable maximum amount of a grant awarded per infrastructure
project as needed.
SECTION 13. Sections 386.250(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) The fund consists of:
(1) the amount of money deposited to the credit of the
fund under:
(A) Section 386.056;
(B) Sections 151.0515 and 152.0215, Tax Code; and
(C) Sections 501.138, 502.358, and 548.5055,
Transportation Code; [and]
(2) grant money recaptured under Section 386.111(d)
and Chapter 391; and
(3) federal funds deposited to the credit of the fund.
(c) Not later than the 30th day after the last day of each
state fiscal biennium, the commission shall transfer the
unencumbered balance of the fund remaining on the last day of the
state fiscal biennium to the credit of the state highway fund for
use by the Texas Department of Transportation for projects
described by Section 386.051(b)(19). This subsection does not
apply to federal funds deposited to the credit of the fund.
SECTION 14. Section 386.252, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (i) to
read as follows:
(a) Money in the fund and account may be used only to
implement and administer programs established under the plan.
Subject to the reallocation of funds by the commission under
Subsection (h) and after remittance to the state highway fund under
Subsection (a-1), money from the fund and account to be used for the
programs under Section 386.051(b) shall initially be allocated as
follows:
(1) four percent may be used for the clean school bus
program under Chapter 390;
(2) three percent may be used for the new technology
implementation grant program under Chapter 391, from which at least
$1 million will be set aside for electricity storage projects
related to renewable energy;
(3) five percent may be used for the Texas clean fleet
program under Chapter 392;
(4) not more than $3 million may be used by the
commission to fund a regional air monitoring program in commission
Regions 3 and 4 to be implemented under the commission's oversight,
including direction regarding the type, number, location, and
operation of, and data validation practices for, monitors funded by
the program through a regional nonprofit entity located in North
Texas having representation from counties, municipalities, higher
education institutions, and private sector interests across the
area;
(5) 10 percent may be used for the Texas natural gas
vehicle grant program under Chapter 394;
(6) eight percent [not more than $6 million] may be
used for the Texas alternative fueling facilities program under
Chapter 393[, of which a specified amount may be used for fueling
stations to provide natural gas fuel, except that money may not be
allocated for the Texas alternative fueling facilities program for
the state fiscal year ending August 31, 2019];
(7) not more than $750,000 may be used each year to
support research related to air quality as provided by Chapter 387;
(8) not more than $200,000 may be used for a health
effects study;
(9) at least $6 million but not more than $16 million
may be used by the commission for administrative costs, including
all direct and indirect costs for administering the plan, costs for
conducting outreach and education activities, and costs
attributable to the review or approval of applications for
marketable emissions reduction credits;
(10) six percent may be used by the commission for the
seaport and rail yard areas emissions reduction program established
under Subchapter D-1, including the grant program established under
Section 386.184;
(11) five percent may be used for the light-duty motor
vehicle purchase or lease incentive program established under
Subchapter D;
(12) not more than $216,000 may be used by the
commission to contract with the Energy Systems Laboratory at the
Texas A&M Engineering Experiment Station annually for the
development and annual computation of creditable statewide
emissions reductions obtained through wind and other renewable
energy resources for the state implementation plan;
(13) not more than $500,000 may be used for studies of
or pilot programs for incentives for port authorities located in
nonattainment areas or affected counties to encourage cargo
movement that reduces emissions of nitrogen oxides and particulate
matter; and
(14) the balance is to be used by the commission for
the diesel emissions reduction incentive program under Subchapter C
as determined by the commission.
(i) Notwithstanding any other law, federal funds deposited
to the credit of the fund may be used only as provided by the terms
of the applicable federal funds agreement.
SECTION 15. Section 393.006(a), Health and Safety Code, is
amended to read as follows:
(a) Grants awarded under this chapter for a facility to
provide alternative fuels other than natural gas may not exceed
[the lesser of:
[(1)] 50 percent of the sum of the actual eligible
costs incurred by the grant recipient within deadlines established
by the commission[; or
[(2) $600,000].
SECTION 16. Subtitle A, Title 14, Occupations Code, is
amended by adding Chapter 2311 to read as follows:
CHAPTER 2311. ELECTRIC VEHICLE SUPPLY EQUIPMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2311.0101. DEFINITIONS. In this chapter:
(1) "Commercial transaction" means any sale or
exchange for compensation of electrical energy through a digital
network.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation.
(4) "Digital network" means an online-enabled
application, website, or system offered or used by an electric
vehicle charging provider that allows a user to initiate a
commercial transaction to dispense electrical energy from electric
vehicle supply equipment to an electric vehicle.
(5) "Electric vehicle supply equipment" means a device
or equipment used to dispense electrical energy to an electric
vehicle.
(6) "Electric vehicle supply provider" means an owner
or operator of electric vehicle supply equipment that is available
and accessible to the public to provide electrical energy through a
commercial transaction.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 2311.0201. RULES. The commission shall adopt rules as
necessary to implement this chapter.
Sec. 2311.0202. FEES. The commission by rule shall set fees
in amounts sufficient to cover the costs of administering this
chapter.
Sec. 2311.0203. CONTRACT. The department may contract to
perform the department's duties related to electric vehicle supply
equipment, including inspections. A reference in this chapter to
the commission or department in the context of a contracted service
means the contractor.
Sec. 2311.0204. INSPECTION OF ELECTRIC VEHICLE SUPPLY
EQUIPMENT. The department may periodically, or in response to a
complaint, conduct an inspection of electric vehicle supply
equipment in order to verify compliance with registration
requirements and standards established in this chapter and
commission rules, unless electric vehicle supply equipment is
exempt from the application of this chapter by commission rule.
Sec. 2311.0205. COMPLAINTS REGARDING ELECTRIC VEHICLE
SUPPLY EQUIPMENT. In accordance with Chapter 51, the executive
director of the department shall establish methods by which
consumers are notified of the name, Internet website address,
mailing address, and telephone number of the department for the
purpose of directing complaints to the department.
Sec. 2311.0206. EXEMPTIONS. (a) The commission by rule may
exempt electric vehicle supply equipment from a requirement
established by this chapter if the commission determines that
imposing or enforcing the requirement:
(1) is not cost-effective for the department;
(2) is not feasible with current resources or
standards; or
(3) will not substantially benefit or protect
consumers.
(b) Electric vehicle supply equipment is exempt from the
requirements of this chapter if, in accordance with commission
rule, the electric vehicle supply equipment is:
(1) installed in or adjacent to a private residence
for noncommercial use; or
(2) provided at no charge for the exclusive use of an
individual, or a group of individuals, including employees,
tenants, visitors, or residents of a multiunit housing or office
development.
SUBCHAPTER C. OPERATION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT
Sec. 2311.0301. DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER.
Unless electric vehicle supply equipment is exempt from the
application of this chapter or has been removed from service, an
electric vehicle supply provider shall:
(1) have electric vehicle supply equipment inspected
as prescribed by commission rule; and
(2) maintain electric vehicle supply equipment in
compliance with maintenance specifications, this chapter, and
commission rule.
Sec. 2311.0302. REQUIRED REGISTRATION. (a) Unless
electric vehicle supply equipment is exempt from the application of
this chapter by commission rule, an electric vehicle supply
provider shall register each charging unit of electric vehicle
supply equipment operated by the provider with the department
before the electric vehicle supply equipment is made available for
use on a digital network for a commercial transaction.
(b) The department shall issue a registration to each
applicant that meets the requirements of this chapter and submits
an application that meets the requirements of this section. An
application for electric vehicle supply equipment registration
must:
(1) be submitted to the department in a manner
prescribed by the department;
(2) be accompanied by any other document or form
required by the department;
(3) include any fee required under Section 2311.0202;
and
(4) include documentation of compliance with Section
2311.0303, as prescribed by commission rule.
(c) A registration under this section is valid for one or
two years as established by commission rule. The registration must
be renewed at or before the end of each registration period.
Sec. 2311.0303. SPECIFICATIONS. (a) Specifications for
the installation and operation of electric vehicle supply equipment
must be the same as those adopted by the National Institute of
Standards and Technology.
(b) Electric vehicle supply equipment must be installed and
operated in accordance with Chapter 1305.
(c) The commission may adopt rules as necessary to establish
standards under this chapter.
Sec. 2311.0304. FEES; DISCLOSURES. (a) An electric
vehicle supply provider shall disclose on the indicating element of
the electric vehicle supply equipment or on the electric vehicle
supply provider's digital network:
(1) the fee calculation method or methods; and
(2) applicable surcharges.
(b) Before the user begins charging, the electric vehicle
supply provider shall disclose:
(1) the rate the user will be charged at the time of
the transaction based on the available fee calculation method or
methods; and
(2) a list of applicable surcharges.
(c) In accordance with commission rule, an electric vehicle
supply provider shall show on the indicating element of the
provider's electric vehicle supply equipment or on the provider's
digital network a notice to consumers that:
(1) states that the department regulates electric
vehicle supply equipment; and
(2) provides information on filing a complaint with
the department about electric vehicle supply equipment.
Sec. 2311.0305. ELECTRONIC RECEIPT. After a reasonable
period following the completion of a commercial transaction for
electric vehicle charging, on request of a user, the electric
vehicle supply provider shall transmit an electronic summary that
includes:
(1) the date and time of the transaction;
(2) the physical location of the electric vehicle
supply equipment;
(3) the duration of and kilowatt hours provided during
the transaction; and
(4) an itemization of the total fees paid, including
surcharges, if applicable.
Sec. 2311.0306. REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY
EQUIPMENT. (a) An electric vehicle supply provider shall:
(1) remove from operation in a manner that prevents
use and access by the public, in accordance with commission rules,
electric vehicle supply equipment that poses a safety risk; and
(2) remove electric vehicle supply equipment that
poses a safety risk from the electric vehicle supply provider's
digital network listing of available charging units.
(b) If the department determines that electric vehicle
supply equipment poses a safety risk, the department shall place a
tag or other mark with the words "Out of Order" on the electric
vehicle supply equipment.
(c) An electric vehicle supply provider may not return
electric vehicle supply equipment to operation until the equipment
has been repaired in accordance with manufacturer specifications
and commission rule.
SUBCHAPTER D. ENFORCEMENT
Sec. 2311.0401. DISCIPLINARY ACTION. A person is subject
to the denial of an application, imposition of an administrative
penalty under Subchapter F, Chapter 51, or disciplinary action
under Section 51.353 if the person engages in a commercial
transaction in violation of this chapter or a rule adopted under
this chapter.
Sec. 2311.0402. ADMINISTRATIVE PROCEDURES. A proceeding
for the denial of a registration or a disciplinary action or an
appeal from that proceeding is governed by Chapter 2001, Government
Code.
SECTION 17. (a) The Texas Commission of Licensing and
Regulation shall adopt rules necessary to implement the changes in
law made by this Act not later than December 1, 2024.
(b) Notwithstanding any other provision of this Act,
electric vehicle supply equipment installed before December 31,
2023, is exempt from the requirements of Section 2311.0303,
Occupations Code, as added by this Act, until the fifth anniversary
of the date the rules described by Subsection (a) of this section
are adopted.
SECTION 18. (a) The Texas Department of Licensing and
Regulation may establish and lead a stakeholder work group to
provide input, advice, and recommendations on the activities under
this Act. The Texas Department of Licensing and Regulation shall
establish the size, composition, and scope of the stakeholder work
group.
(b) This section expires on December 1, 2024.
SECTION 19. (a) An electric vehicle supply provider shall
register all of the provider's electric vehicle supply equipment in
operation in this state not later than March 1, 2025.
(b) Electric vehicle supply equipment installed in this
state before the effective date of this Act must be operated in
compliance with manufacturer specifications, Chapter 2311,
Occupations Code, as added by this Act, and Texas Commission of
Licensing and Regulation rules not later than March 1, 2028.
(c) Electric vehicle supply equipment installed on or after
September 1, 2023, and before March 1, 2025, must be operated in
compliance with manufacturer specifications, Chapter 2311,
Occupations Code, as added by this Act, and Texas Commission of
Licensing and Regulation rules not later than March 1, 2025.
(d) Electric vehicle supply equipment installed on or after
March 1, 2025, must be operated in compliance with manufacturer
specifications, Chapter 2311, Occupations Code, as added by this
Act, and Texas Commission of Licensing and Regulation rules, and be
registered with the Texas Department of Licensing and Regulation
prior to operation.
SECTION 20. The Texas Transportation Electrification
Council shall submit its first report under Section 490J.009,
Government Code, as added by this Act, not later than December 1,
2026.
SECTION 21. The changes in law made by this Act to
Subchapter D, Chapter 386, Health and Safety Code, apply only to an
incentive awarded on or after September 1, 2024. An incentive
awarded before September 1, 2024, is governed by the law in effect
on the date the award was made, and the former law is continued in
effect for that purpose.
SECTION 22. The change in law made by this Act to Section
393.006, Health and Safety Code, applies only to a grant awarded on
or after September 1, 2023. A grant awarded before September 1,
2023, is governed by the law in effect on the date the award was
made, and the former law is continued in effect for that purpose.
SECTION 23. (a) Except as provided by Subsection (b), this
Act takes effect September 1, 2023.
(b) Section 21 of this Act and the changes in law made by
this Act to Subchapter D, Chapter 386, Health and Safety Code, other
than Section 386.154(g), take effect September 1, 2024.