Texas 2023 - 88th Regular

Texas House Bill HB2191 Compare Versions

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1	1	By: Canales H.B. No. 2191
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to mobile source emissions reductions and transportation
7	7	electrification.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 4, Government Code, is amended
10	10	by adding Chapter 490J to read as follows:
11	11	CHAPTER 490J. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL
12	12	Sec. 490J.001. DEFINITION. In this chapter, "council"
13	13	means the Texas Transportation Electrification Council established
14	14	by this chapter.
15	15	Sec. 490J.002. ESTABLISHMENT; COMPOSITION. (a) The Texas
16	16	Transportation Electrification Council is established.
17	17	(b) The council is composed of the chair of, or if not
18	18	applicable, the administrative head of or a senior-level designee
19	19	from, each of the following entities:
20	20	(1) the Public Utility Commission of Texas;
21	21	(2) the Electric Reliability Council of Texas;
22	22	(3) the Texas Commission on Environmental Quality;
23	23	(4) the State Energy Conservation Office;
24	24	(5) the Texas Department of Licensing and Regulation;
25	25	(6) the Texas Department of Transportation;
26	26	(7) the Texas Department of Motor Vehicles;
27	27	(8) the Texas Department of Housing and Community
28	28	Affairs;
29	29	(9) the Texas State Affordable Housing Corporation;
30	30	(10) the Texas Division of Emergency Management; and
31	31	(11) the Texas Economic Development and Tourism
32	32	Office.
33	33	Sec. 490J.003. PRESIDING OFFICER; MEETINGS. (a) The
34	34	council annually shall elect one member to serve as the presiding
35	35	officer of the council.
36	36	(a-1) The executive director of the Texas Department of
37	37	Transportation shall serve as the initial presiding officer of the
38	38	council. This subsection expires September 1, 2025.
39	39	(b) The council shall hold at least four public meetings
40	40	each year.
41	41	Sec. 490J.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a)
42	42	The council is administratively attached to the Texas Department of
43	43	Transportation.
44	44	(b) The council shall be funded using existing funds of the
45	45	Texas Department of Transportation, including statewide planning
46	46	and research funds.
47	47	Sec. 490J.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
48	48	ASSESSMENT. (a) Not later than March 1, 2024, using existing
49	49	databases, the council shall prepare an assessment of existing and
50	50	planned public electric vehicle charging infrastructure and
51	51	associated technologies in this state, including planned
52	52	infrastructure and associated technologies by private entities.
53	53	The assessment must include the number and types of electric
54	54	vehicle chargers at each location.
55	55	(b) The council shall use the assessment in developing the
56	56	plan required by Section 490J.005.
57	57	(c) This section expires September 1, 2030.
58	58	Sec. 490J.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
59	59	PLAN. (a) The council shall:
60	60	(1) develop a comprehensive plan for the development
61	61	of public electric vehicle charging infrastructure and associated
62	62	technologies in this state through the year 2040; and
63	63	(2) update the plan biennially.
64	64	(b) The plan must:
65	65	(1) include a phased implementation of the plan, in
66	66	biennial increments through the year 2030, that complements
67	67	electric vehicle charging infrastructure planned and installed
68	68	pursuant to the Infrastructure Investment and Jobs Act (Pub. L.
69	69	No. 117-58);
70	70	(2) identify areas in this state for which additional
71	71	public electric vehicle charging infrastructure is needed to ensure
72	72	that the vehicle choice of residents of this state is not
73	73	constrained by a lack of access to adequate public electric vehicle
74	74	charging infrastructure;
75	75	(3) provide for sufficient public electric vehicle
76	76	charging infrastructure to meet and enable future demand for
77	77	electric vehicles in this state that:
78	78	(A) ensures that adequate public electric
79	79	vehicle charging infrastructure is available:
80	80	(i) with sufficient frequency and capacity
81	81	to enable users of electric vehicles of various classes to travel
82	82	border to border and community to community on interstate highways
83	83	and other major roadways in this state;
84	84	(ii) along evacuation routes and at highway
85	85	rest stops in this state; and
86	86	(iii) in rural communities, multifamily and
87	87	underserved communities, town centers, commercial and retail
88	88	areas, parks and other publicly owned lands, and other areas that
89	89	are in close proximity to where local electric vehicle users live or
90	90	work;
91	91	(B) is safe, dependable, serviceable, and
92	92	operational;
93	93	(C) maximizes the benefits associated with
94	94	transportation electrification;
95	95	(D) enhances commerce by ensuring an adequate
96	96	distribution of public electric vehicle charging infrastructure is
97	97	available throughout the state to stimulate lower costs and lower
98	98	emissions from heavy duty trucking and delivery services;
99	99	(E) ensures adequate public electric vehicle
100	100	charging capacity to facilitate commerce and enhance
101	101	electrification of freight movement:
102	102	(i) at or near the borders of this state;
103	103	(ii) in or near airports, rail yards, and
104	104	seaports; and
105	105	(iii) at warehouse complexes and truck
106	106	stops;
107	107	(F) enhances accessibility of tourist areas to
108	108	electric vehicle users; and
109	109	(G) covers any other areas identified by the
110	110	council;
111	111	(4) stimulate competition, innovation, and consumer
112	112	choices in public electric vehicle charging and related
113	113	infrastructure and services and encourage private capital
114	114	investment;
115	115	(5) specify the number and types of electric vehicle
116	116	chargers per general location that are needed to meet the
117	117	requirements prescribed by Subdivisions (2), (3), and (4);
118	118	(6) examine vehicle and charging infrastructure
119	119	changes necessary to provide demand response functions and two-way
120	120	electricity flow capability in order to allow vehicle-to-grid
121	121	integration for cost savings, grid reliability, and resiliency; and
122	122	(7) provide for electric transportation corridors in
123	123	and along Texas Department of Transportation rights-of-way that
124	124	include the infrastructure needed for vehicle electrification,
125	125	such as:
126	126	(A) a greatly expanded global positioning system
127	127	network for vehicle location accuracy;
128	128	(B) advanced sensor networks for traffic;
129	129	(C) intelligent transportation services;
130	130	(D) connected vehicle applications; and
131	131	(E) improvements to energy infrastructure needed
132	132	to provide adequate vehicle charging.
133	133	(c) In developing and updating the plan, the council:
134	134	(1) shall use, to the extent practicable, publicly
135	135	available electric vehicle projections and models based on industry
136	136	standards to determine, for each year, the percentage and number of
137	137	electric vehicles by vehicle class that are expected on roadways in
138	138	this state and the number of electric vehicle chargers that are
139	139	needed to ensure that there is comprehensive and adequate access to
140	140	public electric vehicle charging infrastructure in this state; and
141	141	(2) may rely on scenarios provided by the Electric
142	142	Reliability Council of Texas or other information from appropriate
143	143	sources for the percentage and number of electric vehicles by
144	144	vehicle class on roadways in this state by year.
145	145	(d) The council may work with state agencies and the
146	146	Electric Reliability Council of Texas to obtain information as
147	147	needed to develop or update the plan, including:
148	148	(1) an assessment of vehicle fleet plans for
149	149	electrification;
150	150	(2) an assessment of the costs of system upgrades to
151	151	serve new electric grid interconnections, giving consideration to
152	152	resilience, reliability, and other grid impacts; and
153	153	(3) detailed hosting capacity maps that enable
154	154	identification of preferable least-cost locations for charging
155	155	infrastructure that optimize existing distribution system assets.
156	156	Sec. 490J.006. STATE AGENCY POLICY RECOMMENDATIONS. The
157	157	council shall develop policy recommendations that state agencies
158	158	may adopt to encourage the development of an adequate network of
159	159	public electric vehicle charging infrastructure and associated
160	160	technologies to meet the future electrified transportation needs in
161	161	this state through the year 2030.
162	162	Sec. 490J.007. STAKEHOLDER INPUT. In performing the
163	163	council's duties under this chapter, the council shall seek advice
164	164	and input from:
165	165	(1) privately owned electric utilities;
166	166	(2) municipally owned electric utilities;
167	167	(3) electric cooperatives;
168	168	(4) state and local transportation and transit
169	169	agencies;
170	170	(5) port authorities;
171	171	(6) warehousing and logistics centers;
172	172	(7) electric vehicle charging infrastructure
173	173	companies;
174	174	(8) environmental groups;
175	175	(9) organizations that represent the interests of
176	176	individuals who live near areas that have a significant amount of
177	177	freight traffic;
178	178	(10) consumer advocates;
179	179	(11) motor vehicle manufacturers;
180	180	(12) nonprofit organizations developing electric
181	181	vehicle policy;
182	182	(13) nonprofit organizations representing food or
183	183	motor fuel providers;
184	184	(14) apartment associations;
185	185	(15) low-income community development corporations;
186	186	(16) nonprofit organizations that represent
187	187	utilities, electric vehicle manufacturers, and charging companies;
188	188	and
189	189	(17) interested members of the public.
190	190	Sec. 490J.008. AUTHORITY TO CONTRACT AND CONSULT WITH
191	191	CERTAIN PERSONS. In performing the council's duties under this
192	192	chapter, the council may:
193	193	(1) contract with:
194	194	(A) electrification organizations; and
195	195	(B) experts, academic scholars, and other
196	196	appropriate professionals; and
197	197	(2) consult with the Texas A&M Transportation
198	198	Institute and institutions of higher education, as defined by
199	199	Section 61.003, Education Code.
200	200	Sec. 490J.0085. INITIAL REPORT. (a) Not later than
201	201	December 1, 2024, the council shall prepare and submit to the
202	202	governor, the lieutenant governor, each member of the legislature,
203	203	and relevant state and federal agencies an initial written report
204	204	of the council's findings that includes:
205	205	(1) the assessment prepared under Section 490J.0045;
206	206	(2) the plan developed under Section 490J.005,
207	207	including the phased implementation of the plan required by
208	208	Subsection (b)(1) of that section; and
209	209	(3) the policy recommendations developed under
210	210	Section 490J.006.
211	211	(b) This section expires September 1, 2030.
212	212	Sec. 490J.009. BIENNIAL REPORT. Not later than December 1
213	213	of each even-numbered year, the council shall prepare and submit to
214	214	the governor, the lieutenant governor, each member of the
215	215	legislature, and relevant state and federal agencies a written
216	216	report that includes:
217	217	(1) a summary of the progress made on the
218	218	implementation of the plan developed under Section 490J.005;
219	219	(2) the biennial update to the plan required under
220	220	Section 490J.005(a)(2); and
221	221	(3) any updates to the policy recommendations
222	222	developed under Section 490J.006.
223	223	SECTION 2. Section 386.001, Health and Safety Code, is
224	224	amended by adding Subdivision (4) to read as follows:
225	225	(4) "Federal funds" means all assistance provided to
226	226	the commission from the federal government in the form of grants,
227	227	contracts, loans, loan guarantees, property, cooperative
228	228	agreements, interest subsidies, insurance, direct appropriations,
229	229	or any other method of disbursement.
230	230	SECTION 3. Section 386.051(b), Health and Safety Code, is
231	231	amended to read as follows:
232	232	(b) Under the plan, the commission and the comptroller shall
233	233	provide grants or other funding for:
234	234	(1) the diesel emissions reduction incentive program
235	235	established under Subchapter C, including for infrastructure
236	236	projects established under that subchapter;
237	237	(2) the motor vehicle purchase or lease incentive
238	238	program established under Subchapter D;
239	239	(3) the air quality research support program
240	240	established under Chapter 387;
241	241	(4) the clean school bus program established under
242	242	Chapter 390;
243	243	(5) the new technology implementation grant program
244	244	established under Chapter 391;
245	245	(6) the regional air monitoring program established
246	246	under Section 386.252(a);
247	247	(7) a health effects study as provided by Section
248	248	386.252(a);
249	249	(8) air quality planning activities as provided by
250	250	Section 386.252(d);
251	251	(9) a contract with the Energy Systems Laboratory at
252	252	the Texas A&M Engineering Experiment Station for computation of
253	253	creditable statewide emissions reductions as provided by Section
254	254	386.252(a);
255	255	(10) the Texas clean fleet program established under
256	256	Chapter 392;
257	257	(11) the Texas alternative fueling facilities program
258	258	established under Chapter 393;
259	259	(12) the Texas natural gas vehicle grant program
260	260	established under Chapter 394;
261	261	(13) other programs the commission may develop that
262	262	lead to reduced emissions of nitrogen oxides, particulate matter,
263	263	or volatile organic compounds in a nonattainment area or affected
264	264	county;
265	265	(14) other programs the commission may develop that
266	266	support congestion mitigation to reduce mobile source ozone
267	267	precursor emissions;
268	268	(15) the seaport and rail yard areas emissions
269	269	reduction program established under Subchapter D-1, including the
270	270	grant program established under Section 386.184;
271	271	(16) conducting research and other activities
272	272	associated with making any necessary demonstrations to the United
273	273	States Environmental Protection Agency to account for the impact of
274	274	foreign emissions or an exceptional event;
275	275	(17) studies of or pilot programs for incentives for
276	276	port authorities located in nonattainment areas or affected
277	277	counties as provided by Section 386.252(a);
278	278	(18) the governmental alternative fuel fleet grant
279	279	program established under Chapter 395; and
280	280	(19) remittance of funds to the state highway fund for
281	281	use by the Texas Department of Transportation for congestion
282	282	mitigation and air quality improvement projects in nonattainment
283	283	areas and affected counties.
284	284	SECTION 4. Section 386.152, Health and Safety Code, is
285	285	amended to read as follows:
286	286	Sec. 386.152. APPLICABILITY. (a) The provisions of this
287	287	subchapter relating to a lessee do not apply to a person who rents
288	288	or leases a light-duty motor vehicle for a term of 30 days or less.
289	289	(b) The provisions of this subchapter relating to a lessor
290	290	do not apply to a person who rents or leases a light-duty motor
291	291	vehicle to a person for a term of 30 days or less.
292	292	SECTION 5. Section 386.153, Health and Safety Code, is
293	293	amended by amending Subsection (c) and adding Subsection (e) to
294	294	read as follows:
295	295	(c) Only one incentive will be provided for each new
296	296	light-duty motor vehicle. The incentive shall be provided to the
297	297	seller or lessor of the vehicle. The seller or lessor shall credit
298	298	the amount of the incentive to the purchaser or lessee at the time
299	299	the sale is made or the lease is entered into. The incentive may not
300	300	[shall] be provided to a seller [the lessee and not to the
301	301	purchaser] if the motor vehicle is sold [purchased] for the purpose
302	302	of leasing the vehicle to another person.
303	303	(e) The commission shall establish a registration program
304	304	for sellers and lessors of new motor vehicles to apply online and
305	305	receive incentives under this subchapter. The commission shall
306	306	promptly pay the incentives when authorized under the registration
307	307	program established by this subsection.
308	308	SECTION 6. Section 386.154, Health and Safety Code, is
309	309	amended by amending Subsections (a), (b), and (d) and adding
310	310	Subsections (f) and (g) to read as follows:
311	311	(a) A new light-duty motor vehicle powered by compressed
312	312	natural gas or liquefied petroleum gas is eligible for a $5,000
313	313	incentive if the vehicle:
314	314	(1) has four wheels;
315	315	(2) was originally manufactured to comply with and has
316	316	been certified by an original equipment manufacturer or
317	317	intermediate or final state vehicle manufacturer as complying with,
318	318	or has been altered to comply with, federal motor vehicle safety
319	319	standards, state emissions regulations, and any additional federal
320	320	or state regulations applicable to vehicles powered by compressed
321	321	natural gas or liquefied petroleum gas;
322	322	(3) was manufactured for use primarily on public
323	323	streets, roads, and highways;
324	324	(4) has a dedicated or bi-fuel compressed natural gas
325	325	or liquefied petroleum gas fuel system:
326	326	(A) installed prior to first sale or within 500
327	327	miles of operation of the vehicle following first sale; and
328	328	(B) with a range of at least 125 miles as
329	329	estimated, published, and updated by the United States
330	330	Environmental Protection Agency;
331	331	(5) has, as applicable, a:
332	332	(A) compressed natural gas fuel system that
333	333	complies with the:
334	334	(i) 2013 NFPA 52 Vehicular Gaseous Fuel
335	335	Systems Code; and
336	336	(ii) American National Standard for Basic
337	337	Requirements for Compressed Natural Gas Vehicle (NGV) Fuel
338	338	Containers, commonly cited as "ANSI/CSA NGV2"; or
339	339	(B) liquefied petroleum gas fuel system that
340	340	complies with:
341	341	(i) the 2011 NFPA 58 Liquefied Petroleum
342	342	Gas Code; and
343	343	(ii) Section VII of the 2013 ASME Boiler and
344	344	Pressure Vessel Code; and
345	345	(6) was sold or leased [acquired] on or after
346	346	September 1, 2013, or a later date established by the commission, by
347	347	the seller or lessor [person] applying for the incentive under this
348	348	subsection and for use or lease by the purchaser or lessee of the
349	349	vehicle [that person] and not for resale.
350	350	(b) If the commission determines that an updated version of
351	351	a code or standard described by Subsection (a)(5) is more stringent
352	352	than the version of the code or standard described by Subsection
353	353	(a)(5), the commission by rule may provide that a vehicle for which
354	354	a seller or lessor [person] applies for an incentive under
355	355	Subsection (a) is eligible for the incentive only if the vehicle
356	356	complies with the updated version of the code or standard.
357	357	(d) A new light-duty motor vehicle powered by an electric
358	358	drive is eligible for a $2,500 incentive if the total
359	359	consideration, as defined by Section 152.002, Tax Code, of the
360	360	vehicle is less than $55,000 and the vehicle:
361	361	(1) has four wheels;
362	362	(2) was manufactured for use primarily on public
363	363	streets, roads, and highways;
364	364	(3) has not been modified from the original
365	365	manufacturer's specifications;
366	366	(4) has a maximum speed capability of at least 55 miles
367	367	per hour;
368	368	(5) is propelled to a significant extent by an
369	369	electric motor that draws electricity from a hydrogen fuel cell or
370	370	from a battery that:
371	371	(A) has a capacity of not less than four kilowatt
372	372	hours; and
373	373	(B) is capable of being recharged from an
374	374	external source of electricity; [and]
375	375	(6) is not designed, used, or maintained primarily to
376	376	transport property; and
377	377	(7) was sold or leased [acquired] on or after
378	378	September 1, 2013, or a later date as established by the commission,
379	379	by the seller or lessor [person] applying for the incentive under
380	380	this subsection and for use or lease by the purchaser or lessee of
381	381	the vehicle [that person] and not for resale.
382	382	(f) A new light-duty motor vehicle powered by an electric
383	383	drive is eligible for a $4,000 incentive if the vehicle:
384	384	(1) has four wheels;
385	385	(2) was manufactured for use primarily on public
386	386	streets, roads, and highways;
387	387	(3) has not been modified from the original
388	388	manufacturer's specifications;
389	389	(4) has a maximum speed capability of at least 55 miles
390	390	per hour;
391	391	(5) is propelled solely by an electric motor that
392	392	draws electricity from a battery that:
393	393	(A) has a capacity of not less than four kilowatt
394	394	hours; and
395	395	(B) is capable of being recharged from an
396	396	external source of electricity;
397	397	(6) is designed, used, or maintained primarily to
398	398	transport property; and
399	399	(7) was sold or leased on or after September 1, 2024,
400	400	or a later date as established by the commission, by the seller or
401	401	lessor applying for the incentive under this subsection and for use
402	402	or lease by the purchaser or lessee of the vehicle and not for
403	403	resale.
404	404	(g) Notwithstanding Subsections (c) and (e), and subject to
405	405	Section 386.252(a)(11), at the beginning of the second state fiscal
406	406	year of the biennium, the commission shall adjust the initial
407	407	vehicle limitations provided under Subsections (c) and (e) based on
408	408	demand for incentives under this section during the preceding state
409	409	fiscal year.
410	410	SECTION 7. Sections 386.157(a) and (c), Health and Safety
411	411	Code, are amended to read as follows:
412	412	(a) A seller or lessor of [person who purchases or leases] a
413	413	new light-duty motor vehicle described by Section 386.154 and
414	414	listed under Section 386.156(a) is eligible to apply for an
415	415	incentive under this subchapter.
416	416	(c) To receive money under an incentive program provided by
417	417	this subchapter, the seller or lessor of a light-duty motor vehicle
418	418	shall verify online that funds are available, that the seller or
419	419	lessor is eligible [the purchaser or lessee of a new light-duty
420	420	motor vehicle who is eligible to apply] for an incentive under this
421	421	subchapter, and if the incentive is for a vehicle described by
422	422	Section 386.154(d) or (f), that the purchaser or lessee of the
423	423	vehicle has watched an online video that explains how and when to
424	424	charge an electric vehicle to reduce peak demand for electricity
425	425	and reduce air emissions [shall apply for the incentive in the
426	426	manner provided by law or by rule of the commission].
427	427	SECTION 8. Section 386.158, Health and Safety Code, is
428	428	amended to read as follows:
429	429	Sec. 386.158. COMMISSION TO ACCOUNT FOR MOTOR VEHICLE
430	430	PURCHASE OR LEASE INCENTIVES. (a) The commission by rule shall
431	431	develop a method to administer and account for the motor vehicle
432	432	purchase or lease incentives authorized by this subchapter and to
433	433	pay incentive money to the seller [purchaser] or lessor [lessee] of
434	434	a new motor vehicle[, on application of the purchaser or lessee as
435	435	provided by this subchapter].
436	436	(b) The commission shall develop and publish online forms
437	437	and instructions for the seller [purchaser] or lessor [lessee] of a
438	438	new motor vehicle to use in applying to the commission for an
439	439	incentive payment under this subchapter. [The commission shall
440	440	make the forms available to new motor vehicle dealers and leasing
441	441	agents. Dealers and leasing agents shall make the forms available
442	442	to their prospective purchasers or lessees.]
443	443	(c) The commission may require the online submission of
444	444	forms and documentation as needed to verify eligibility for an
445	445	incentive under this subchapter.
446	446	SECTION 9. Section 386.159, Health and Safety Code, is
447	447	amended to read as follows:
448	448	Sec. 386.159. PURCHASE OR LEASE INCENTIVES ONLINE PORTAL
449	449	[INFORMATION]. [(a)] The commission shall establish an online
450	450	portal [a toll-free telephone number available to motor vehicle
451	451	dealers and leasing agents for the dealers and agents to call] to
452	452	verify that incentives are available. [The commission may provide
453	453	for issuing verification numbers over the telephone line.
454	454	[(b) Reliance by a dealer or leasing agent on information
455	455	provided by the commission is a complete defense to an action
456	456	involving or based on eligibility of a vehicle for an incentive or
457	457	availability of vehicles eligible for an incentive.]
458	458	SECTION 10. Section 386.160, Health and Safety Code, is
459	459	amended to read as follows:
460	460	Sec. 386.160. RESERVATION OF INCENTIVES. The commission
461	461	may provide for new motor vehicle sellers [dealers] and leasing
462	462	agents to reserve for a limited time period incentives for eligible
463	463	vehicles [that are not readily available and must be ordered,] if
464	464	the seller [dealer] or leasing agent has a purchase or lease order
465	465	signed by an identified customer.
466	466	SECTION 11. Section 386.181(b), Health and Safety Code, is
467	467	amended to read as follows:
468	468	(b) The commission may include more specific definitions in
469	469	the rules or guidelines developed to implement the programs
470	470	[program] established by this subchapter in order to reduce
471	471	emissions in and around seaports in a nonattainment area.
472	472	SECTION 12. Subchapter D-1, Chapter 386, Health and Safety
473	473	Code, is amended by adding Section 386.184 to read as follows:
474	474	Sec. 386.184. GRANT PROGRAM FOR ALTERNATIVELY FUELED DRAYAGE
475	475	TRUCK OR CARGO HANDLING EQUIPMENT INFRASTRUCTURE PROJECTS. (a)
476	476	The commission shall establish and administer a grant program to
477	477	encourage the purchase, construction, and installation of
478	478	infrastructure needed to support the use of drayage trucks that are
479	479	or cargo handling equipment that is powered by an alternative fuel,
480	480	as defined by Section 393.001.
481	481	(b) A grant awarded under the program established by this
482	482	section may not exceed more than 80 percent of the estimated
483	483	purchase, construction, and installation costs of the
484	484	infrastructure project, provided that the commission may establish
485	485	a reasonable maximum amount of a grant awarded per infrastructure
486	486	project as needed.
487	487	SECTION 13. Sections 386.250(b) and (c), Health and Safety
488	488	Code, are amended to read as follows:
489	489	(b) The fund consists of:
490	490	(1) the amount of money deposited to the credit of the
491	491	fund under:
492	492	(A) Section 386.056;
493	493	(B) Sections 151.0515 and 152.0215, Tax Code; and
494	494	(C) Sections 501.138, 502.358, and 548.5055,
495	495	Transportation Code; [and]
496	496	(2) grant money recaptured under Section 386.111(d)
497	497	and Chapter 391; and
498	498	(3) federal funds deposited to the credit of the fund.
499	499	(c) Not later than the 30th day after the last day of each
500	500	state fiscal biennium, the commission shall transfer the
501	501	unencumbered balance of the fund remaining on the last day of the
502	502	state fiscal biennium to the credit of the state highway fund for
503	503	use by the Texas Department of Transportation for projects
504	504	described by Section 386.051(b)(19). This subsection does not
505	505	apply to federal funds deposited to the credit of the fund.
506	506	SECTION 14. Section 386.252, Health and Safety Code, is
507	507	amended by amending Subsection (a) and adding Subsection (i) to
508	508	read as follows:
509	509	(a) Money in the fund and account may be used only to
510	510	implement and administer programs established under the plan.
511	511	Subject to the reallocation of funds by the commission under
512	512	Subsection (h) and after remittance to the state highway fund under
513	513	Subsection (a-1), money from the fund and account to be used for the
514	514	programs under Section 386.051(b) shall initially be allocated as
515	515	follows:
516	516	(1) four percent may be used for the clean school bus
517	517	program under Chapter 390;
518	518	(2) three percent may be used for the new technology
519	519	implementation grant program under Chapter 391, from which at least
520	520	$1 million will be set aside for electricity storage projects
521	521	related to renewable energy;
522	522	(3) five percent may be used for the Texas clean fleet
523	523	program under Chapter 392;
524	524	(4) not more than $3 million may be used by the
525	525	commission to fund a regional air monitoring program in commission
526	526	Regions 3 and 4 to be implemented under the commission's oversight,
527	527	including direction regarding the type, number, location, and
528	528	operation of, and data validation practices for, monitors funded by
529	529	the program through a regional nonprofit entity located in North
530	530	Texas having representation from counties, municipalities, higher
531	531	education institutions, and private sector interests across the
532	532	area;
533	533	(5) 10 percent may be used for the Texas natural gas
534	534	vehicle grant program under Chapter 394;
535	535	(6) eight percent [not more than $6 million] may be
536	536	used for the Texas alternative fueling facilities program under
537	537	Chapter 393[, of which a specified amount may be used for fueling
538	538	stations to provide natural gas fuel, except that money may not be
539	539	allocated for the Texas alternative fueling facilities program for
540	540	the state fiscal year ending August 31, 2019];
541	541	(7) not more than $750,000 may be used each year to
542	542	support research related to air quality as provided by Chapter 387;
543	543	(8) not more than $200,000 may be used for a health
544	544	effects study;
545	545	(9) at least $6 million but not more than $16 million
546	546	may be used by the commission for administrative costs, including
547	547	all direct and indirect costs for administering the plan, costs for
548	548	conducting outreach and education activities, and costs
549	549	attributable to the review or approval of applications for
550	550	marketable emissions reduction credits;
551	551	(10) six percent may be used by the commission for the
552	552	seaport and rail yard areas emissions reduction program established
553	553	under Subchapter D-1, including the grant program established under
554	554	Section 386.184;
555	555	(11) five percent may be used for the light-duty motor
556	556	vehicle purchase or lease incentive program established under
557	557	Subchapter D;
558	558	(12) not more than $216,000 may be used by the
559	559	commission to contract with the Energy Systems Laboratory at the
560	560	Texas A&M Engineering Experiment Station annually for the
561	561	development and annual computation of creditable statewide
562	562	emissions reductions obtained through wind and other renewable
563	563	energy resources for the state implementation plan;
564	564	(13) not more than $500,000 may be used for studies of
565	565	or pilot programs for incentives for port authorities located in
566	566	nonattainment areas or affected counties to encourage cargo
567	567	movement that reduces emissions of nitrogen oxides and particulate
568	568	matter; and
569	569	(14) the balance is to be used by the commission for
570	570	the diesel emissions reduction incentive program under Subchapter C
571	571	as determined by the commission.
572	572	(i) Notwithstanding any other law, federal funds deposited
573	573	to the credit of the fund may be used only as provided by the terms
574	574	of the applicable federal funds agreement.
575	575	SECTION 15. Section 393.006(a), Health and Safety Code, is
576	576	amended to read as follows:
577	577	(a) Grants awarded under this chapter for a facility to
578	578	provide alternative fuels other than natural gas may not exceed
579	579	[the lesser of:
580	580	[(1)] 50 percent of the sum of the actual eligible
581	581	costs incurred by the grant recipient within deadlines established
582	582	by the commission[; or
583	583	[(2) $600,000].
584	584	SECTION 16. Subtitle A, Title 14, Occupations Code, is
585	585	amended by adding Chapter 2311 to read as follows:
586	586	CHAPTER 2311. ELECTRIC VEHICLE SUPPLY EQUIPMENT
587	587	SUBCHAPTER A. GENERAL PROVISIONS
588	588	Sec. 2311.0101. DEFINITIONS. In this chapter:
589	589	(1) "Commercial transaction" means any sale or
590	590	exchange for compensation of electrical energy through a digital
591	591	network.
592	592	(2) "Commission" means the Texas Commission of
593	593	Licensing and Regulation.
594	594	(3) "Department" means the Texas Department of
595	595	Licensing and Regulation.
596	596	(4) "Digital network" means an online-enabled
597	597	application, website, or system offered or used by an electric
598	598	vehicle charging provider that allows a user to initiate a
599	599	commercial transaction to dispense electrical energy from electric
600	600	vehicle supply equipment to an electric vehicle.
601	601	(5) "Electric vehicle supply equipment" means a device
602	602	or equipment used to dispense electrical energy to an electric
603	603	vehicle.
604	604	(6) "Electric vehicle supply provider" means an owner
605	605	or operator of electric vehicle supply equipment that is available
606	606	and accessible to the public to provide electrical energy through a
607	607	commercial transaction.
608	608	SUBCHAPTER B. POWERS AND DUTIES
609	609	Sec. 2311.0201. RULES. The commission shall adopt rules as
610	610	necessary to implement this chapter.
611	611	Sec. 2311.0202. FEES. The commission by rule shall set fees
612	612	in amounts sufficient to cover the costs of administering this
613	613	chapter.
614	614	Sec. 2311.0203. CONTRACT. The department may contract to
615	615	perform the department's duties related to electric vehicle supply
616	616	equipment, including inspections. A reference in this chapter to
617	617	the commission or department in the context of a contracted service
618	618	means the contractor.
619	619	Sec. 2311.0204. INSPECTION OF ELECTRIC VEHICLE SUPPLY
620	620	EQUIPMENT. The department may periodically, or in response to a
621	621	complaint, conduct an inspection of electric vehicle supply
622	622	equipment in order to verify compliance with registration
623	623	requirements and standards established in this chapter and
624	624	commission rules, unless electric vehicle supply equipment is
625	625	exempt from the application of this chapter by commission rule.
626	626	Sec. 2311.0205. COMPLAINTS REGARDING ELECTRIC VEHICLE
627	627	SUPPLY EQUIPMENT. In accordance with Chapter 51, the executive
628	628	director of the department shall establish methods by which
629	629	consumers are notified of the name, Internet website address,
630	630	mailing address, and telephone number of the department for the
631	631	purpose of directing complaints to the department.
632	632	Sec. 2311.0206. EXEMPTIONS. (a) The commission by rule may
633	633	exempt electric vehicle supply equipment from a requirement
634	634	established by this chapter if the commission determines that
635	635	imposing or enforcing the requirement:
636	636	(1) is not cost-effective for the department;
637	637	(2) is not feasible with current resources or
638	638	standards; or
639	639	(3) will not substantially benefit or protect
640	640	consumers.
641	641	(b) Electric vehicle supply equipment is exempt from the
642	642	requirements of this chapter if, in accordance with commission
643	643	rule, the electric vehicle supply equipment is:
644	644	(1) installed in or adjacent to a private residence
645	645	for noncommercial use; or
646	646	(2) provided at no charge for the exclusive use of an
647	647	individual, or a group of individuals, including employees,
648	648	tenants, visitors, or residents of a multiunit housing or office
649	649	development.
650	650	SUBCHAPTER C. OPERATION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT
651	651	Sec. 2311.0301. DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER.
652	652	Unless electric vehicle supply equipment is exempt from the
653	653	application of this chapter or has been removed from service, an
654	654	electric vehicle supply provider shall:
655	655	(1) have electric vehicle supply equipment inspected
656	656	as prescribed by commission rule; and
657	657	(2) maintain electric vehicle supply equipment in
658	658	compliance with maintenance specifications, this chapter, and
659	659	commission rule.
660	660	Sec. 2311.0302. REQUIRED REGISTRATION. (a) Unless
661	661	electric vehicle supply equipment is exempt from the application of
662	662	this chapter by commission rule, an electric vehicle supply
663	663	provider shall register each charging unit of electric vehicle
664	664	supply equipment operated by the provider with the department
665	665	before the electric vehicle supply equipment is made available for
666	666	use on a digital network for a commercial transaction.
667	667	(b) The department shall issue a registration to each
668	668	applicant that meets the requirements of this chapter and submits
669	669	an application that meets the requirements of this section. An
670	670	application for electric vehicle supply equipment registration
671	671	must:
672	672	(1) be submitted to the department in a manner
673	673	prescribed by the department;
674	674	(2) be accompanied by any other document or form
675	675	required by the department;
676	676	(3) include any fee required under Section 2311.0202;
677	677	and
678	678	(4) include documentation of compliance with Section
679	679	2311.0303, as prescribed by commission rule.
680	680	(c) A registration under this section is valid for one or
681	681	two years as established by commission rule. The registration must
682	682	be renewed at or before the end of each registration period.
683	683	Sec. 2311.0303. SPECIFICATIONS. (a) Specifications for
684	684	the installation and operation of electric vehicle supply equipment
685	685	must be the same as those adopted by the National Institute of
686	686	Standards and Technology.
687	687	(b) Electric vehicle supply equipment must be installed and
688	688	operated in accordance with Chapter 1305.
689	689	(c) The commission may adopt rules as necessary to establish
690	690	standards under this chapter.
691	691	Sec. 2311.0304. FEES; DISCLOSURES. (a) An electric
692	692	vehicle supply provider shall disclose on the indicating element of
693	693	the electric vehicle supply equipment or on the electric vehicle
694	694	supply provider's digital network:
695	695	(1) the fee calculation method or methods; and
696	696	(2) applicable surcharges.
697	697	(b) Before the user begins charging, the electric vehicle
698	698	supply provider shall disclose:
699	699	(1) the rate the user will be charged at the time of
700	700	the transaction based on the available fee calculation method or
701	701	methods; and
702	702	(2) a list of applicable surcharges.
703	703	(c) In accordance with commission rule, an electric vehicle
704	704	supply provider shall show on the indicating element of the
705	705	provider's electric vehicle supply equipment or on the provider's
706	706	digital network a notice to consumers that:
707	707	(1) states that the department regulates electric
708	708	vehicle supply equipment; and
709	709	(2) provides information on filing a complaint with
710	710	the department about electric vehicle supply equipment.
711	711	Sec. 2311.0305. ELECTRONIC RECEIPT. After a reasonable
712	712	period following the completion of a commercial transaction for
713	713	electric vehicle charging, on request of a user, the electric
714	714	vehicle supply provider shall transmit an electronic summary that
715	715	includes:
716	716	(1) the date and time of the transaction;
717	717	(2) the physical location of the electric vehicle
718	718	supply equipment;
719	719	(3) the duration of and kilowatt hours provided during
720	720	the transaction; and
721	721	(4) an itemization of the total fees paid, including
722	722	surcharges, if applicable.
723	723	Sec. 2311.0306. REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY
724	724	EQUIPMENT. (a) An electric vehicle supply provider shall:
725	725	(1) remove from operation in a manner that prevents
726	726	use and access by the public, in accordance with commission rules,
727	727	electric vehicle supply equipment that poses a safety risk; and
728	728	(2) remove electric vehicle supply equipment that
729	729	poses a safety risk from the electric vehicle supply provider's
730	730	digital network listing of available charging units.
731	731	(b) If the department determines that electric vehicle
732	732	supply equipment poses a safety risk, the department shall place a
733	733	tag or other mark with the words "Out of Order" on the electric
734	734	vehicle supply equipment.
735	735	(c) An electric vehicle supply provider may not return
736	736	electric vehicle supply equipment to operation until the equipment
737	737	has been repaired in accordance with manufacturer specifications
738	738	and commission rule.
739	739	SUBCHAPTER D. ENFORCEMENT
740	740	Sec. 2311.0401. DISCIPLINARY ACTION. A person is subject
741	741	to the denial of an application, imposition of an administrative
742	742	penalty under Subchapter F, Chapter 51, or disciplinary action
743	743	under Section 51.353 if the person engages in a commercial
744	744	transaction in violation of this chapter or a rule adopted under
745	745	this chapter.
746	746	Sec. 2311.0402. ADMINISTRATIVE PROCEDURES. A proceeding
747	747	for the denial of a registration or a disciplinary action or an
748	748	appeal from that proceeding is governed by Chapter 2001, Government
749	749	Code.
750	750	SECTION 17. (a) The Texas Commission of Licensing and
751	751	Regulation shall adopt rules necessary to implement the changes in
752	752	law made by this Act not later than December 1, 2024.
753	753	(b) Notwithstanding any other provision of this Act,
754	754	electric vehicle supply equipment installed before December 31,
755	755	2023, is exempt from the requirements of Section 2311.0303,
756	756	Occupations Code, as added by this Act, until the fifth anniversary
757	757	of the date the rules described by Subsection (a) of this section
758	758	are adopted.
759	759	SECTION 18. (a) The Texas Department of Licensing and
760	760	Regulation may establish and lead a stakeholder work group to
761	761	provide input, advice, and recommendations on the activities under
762	762	this Act. The Texas Department of Licensing and Regulation shall
763	763	establish the size, composition, and scope of the stakeholder work
764	764	group.
765	765	(b) This section expires on December 1, 2024.
766	766	SECTION 19. (a) An electric vehicle supply provider shall
767	767	register all of the provider's electric vehicle supply equipment in
768	768	operation in this state not later than March 1, 2025.
769	769	(b) Electric vehicle supply equipment installed in this
770	770	state before the effective date of this Act must be operated in
771	771	compliance with manufacturer specifications, Chapter 2311,
772	772	Occupations Code, as added by this Act, and Texas Commission of
773	773	Licensing and Regulation rules not later than March 1, 2028.
774	774	(c) Electric vehicle supply equipment installed on or after
775	775	September 1, 2023, and before March 1, 2025, must be operated in
776	776	compliance with manufacturer specifications, Chapter 2311,
777	777	Occupations Code, as added by this Act, and Texas Commission of
778	778	Licensing and Regulation rules not later than March 1, 2025.
779	779	(d) Electric vehicle supply equipment installed on or after
780	780	March 1, 2025, must be operated in compliance with manufacturer
781	781	specifications, Chapter 2311, Occupations Code, as added by this
782	782	Act, and Texas Commission of Licensing and Regulation rules, and be
783	783	registered with the Texas Department of Licensing and Regulation
784	784	prior to operation.
785	785	SECTION 20. The Texas Transportation Electrification
786	786	Council shall submit its first report under Section 490J.009,
787	787	Government Code, as added by this Act, not later than December 1,
788	788	2026.
789	789	SECTION 21. The changes in law made by this Act to
790	790	Subchapter D, Chapter 386, Health and Safety Code, apply only to an
791	791	incentive awarded on or after September 1, 2024. An incentive
792	792	awarded before September 1, 2024, is governed by the law in effect
793	793	on the date the award was made, and the former law is continued in
794	794	effect for that purpose.
795	795	SECTION 22. The change in law made by this Act to Section
796	796	393.006, Health and Safety Code, applies only to a grant awarded on
797	797	or after September 1, 2023. A grant awarded before September 1,
798	798	2023, is governed by the law in effect on the date the award was
799	799	made, and the former law is continued in effect for that purpose.
800	800	SECTION 23. (a) Except as provided by Subsection (b), this
801	801	Act takes effect September 1, 2023.
802	802	(b) Section 21 of this Act and the changes in law made by
803	803	this Act to Subchapter D, Chapter 386, Health and Safety Code, other
804	804	than Section 386.154(g), take effect September 1, 2024.