Texas 2023 - 88th Regular

Texas House Bill HB3343 Compare Versions

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1	1	88R8246 BEE-D
2	2	By: King of Hemphill H.B. No. 3343
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of electric vehicle supply equipment;
8	8	requiring an occupational registration; authorizing fees;
9	9	authorizing an administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 14, Occupations Code, is
12	12	amended by adding Chapter 2311 to read as follows:
13	13	CHAPTER 2311. ELECTRIC VEHICLE SUPPLY EQUIPMENT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 2311.0101. DEFINITIONS. In this chapter:
16	16	(1) "Commercial transaction" means any sale or
17	17	exchange for compensation of electrical energy through a digital
18	18	network.
19	19	(2) "Commission" means the Texas Commission of
20	20	Licensing and Regulation.
21	21	(3) "Department" means the Texas Department of
22	22	Licensing and Regulation.
23	23	(4) "Digital network" means an online-enabled
24	24	application, website, or system offered or used by an electric
25	25	vehicle charging provider that allows a user to initiate a
26	26	commercial transaction to dispense electrical energy from electric
27	27	vehicle supply equipment to an electric vehicle.
28	28	(5) "Electric vehicle supply equipment" means a device
29	29	or equipment used to dispense electrical energy to an electric
30	30	vehicle.
31	31	(6) "Electric vehicle supply provider" means an owner
32	32	or operator of electric vehicle supply equipment that is available
33	33	and accessible to the public to provide electrical energy through a
34	34	commercial transaction.
35	35	SUBCHAPTER B. POWERS AND DUTIES
36	36	Sec. 2311.0201. RULES. The commission shall adopt rules as
37	37	necessary to implement this chapter.
38	38	Sec. 2311.0202. FEES. The commission by rule shall set fees
39	39	in amounts sufficient to cover the costs of administering this
40	40	chapter.
41	41	Sec. 2311.0203. CONTRACT. The department may contract to
42	42	perform the department's duties related to electric vehicle supply
43	43	equipment, including inspections. A reference in this chapter to
44	44	the commission or department in the context of a contracted service
45	45	means the contractor.
46	46	Sec. 2311.0204. INSPECTION OF ELECTRIC VEHICLE SUPPLY
47	47	EQUIPMENT. The department may periodically, or in response to a
48	48	complaint, conduct an inspection of electric vehicle supply
49	49	equipment in order to verify compliance with registration
50	50	requirements and standards established in this chapter and
51	51	commission rules, unless electric vehicle supply equipment is
52	52	exempt from the application of this chapter by commission rule.
53	53	Sec. 2311.0205. COMPLAINTS REGARDING ELECTRIC VEHICLE
54	54	SUPPLY EQUIPMENT. In accordance with Chapter 51, the executive
55	55	director of the department shall establish methods by which
56	56	consumers are notified of the name, Internet website address,
57	57	mailing address, and telephone number of the department for the
58	58	purpose of directing complaints to the department.
59	59	Sec. 2311.0206. EXEMPTIONS. (a) The commission by rule may
60	60	exempt electric vehicle supply equipment from a requirement
61	61	established by this chapter if the commission determines that
62	62	imposing or enforcing the requirement:
63	63	(1) is not cost-effective for the department;
64	64	(2) is not feasible with current resources or
65	65	standards; or
66	66	(3) will not substantially benefit or protect
67	67	consumers.
68	68	(b) Electric vehicle supply equipment is exempt from the
69	69	requirements of this chapter if, in accordance with commission
70	70	rule, the electric vehicle supply equipment is:
71	71	(1) installed in or adjacent to a private residence
72	72	for noncommercial use; or
73	73	(2) provided at no charge for the exclusive use of an
74	74	individual, or a group of individuals, including employees,
75	75	tenants, visitors, or residents of a multiunit housing or office
76	76	development.
77	77	SUBCHAPTER C. OPERATION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT
78	78	Sec. 2311.0301. DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER.
79	79	Unless electric vehicle supply equipment is exempt from the
80	80	application of this chapter or has been removed from service, an
81	81	electric vehicle supply provider shall:
82	82	(1) have electric vehicle supply equipment inspected
83	83	as prescribed by commission rule; and
84	84	(2) maintain electric vehicle supply equipment in
85	85	compliance with maintenance specifications, this chapter, and
86	86	commission rule.
87	87	Sec. 2311.0302. REQUIRED REGISTRATION. (a) Unless
88	88	electric vehicle supply equipment is exempt from the application of
89	89	this chapter by commission rule, an electric vehicle supply
90	90	provider shall register each charging unit of electric vehicle
91	91	supply equipment operated by the provider with the department
92	92	before the electric vehicle supply equipment is made available for
93	93	use on a digital network for a commercial transaction.
94	94	(b) The department shall issue a registration to each
95	95	applicant that meets the requirements of this chapter and submits
96	96	an application that meets the requirements of this section. An
97	97	application for electric vehicle supply equipment registration
98	98	must:
99	99	(1) be submitted to the department in a manner
100	100	prescribed by the department;
101	101	(2) be accompanied by any other document or form
102	102	required by the department;
103	103	(3) include any fee required under Section 2311.0202;
104	104	and
105	105	(4) include documentation of compliance with Section
106	106	2311.0303, as prescribed by commission rule.
107	107	(c) A registration under this section is valid for one or
108	108	two years as established by commission rule. The registration must
109	109	be renewed at or before the end of each registration period.
110	110	Sec. 2311.0303. SPECIFICATIONS. (a) Specifications for the
111	111	installation and operation of electric vehicle supply equipment
112	112	must be the same as those recommended by the National Institute of
113	113	Standards and Technology.
114	114	(b) Electric vehicle supply equipment must be installed and
115	115	operated in accordance with Chapter 1305.
116	116	(c) The commission may adopt rules as necessary to establish
117	117	standards under this chapter.
118	118	Sec. 2311.0304. FEES; DISCLOSURES. (a) An electric
119	119	vehicle supply provider shall disclose on the display of the
120	120	electric vehicle supply equipment or on the electric vehicle supply
121	121	provider's digital network:
122	122	(1) the fee calculation method or methods; and
123	123	(2) applicable surcharges.
124	124	(b) Before the user begins charging, the electric vehicle
125	125	supply provider shall disclose:
126	126	(1) the rate the user will be charged at the time of
127	127	the transaction based on the available fee calculation method or
128	128	methods; and
129	129	(2) a list of applicable surcharges.
130	130	(c) In accordance with commission rule, an electric vehicle
131	131	supply provider shall show on the display of the provider's
132	132	electric vehicle supply equipment or on the provider's digital
133	133	network a notice to consumers that:
134	134	(1) states that the department regulates electric
135	135	vehicle supply equipment; and
136	136	(2) provides information on filing a complaint with
137	137	the department about electric vehicle supply equipment.
138	138	Sec. 2311.0305. ELECTRONIC RECEIPT. After a reasonable
139	139	period following the completion of a commercial transaction for
140	140	electric vehicle charging, on request of a user, the electric
141	141	vehicle supply provider shall transmit an electronic summary that
142	142	includes:
143	143	(1) the date and time of the transaction;
144	144	(2) the physical location of the electric vehicle
145	145	supply equipment;
146	146	(3) the duration of and kilowatt hours provided during
147	147	the transaction; and
148	148	(4) an itemization of the total fees paid, including
149	149	surcharges, if applicable.
150	150	Sec. 2311.0306. REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY
151	151	EQUIPMENT. (a) An electric vehicle supply provider shall:
152	152	(1) remove from operation in a manner that prevents
153	153	use and access by the public, in accordance with commission rules,
154	154	electric vehicle supply equipment that poses a safety risk; and
155	155	(2) remove electric vehicle supply equipment that
156	156	poses a safety risk from the electric vehicle supply provider's
157	157	digital network listing of available charging units.
158	158	(b) If the department determines that electric vehicle
159	159	supply equipment poses a safety risk, the department shall place a
160	160	tag or other mark with the words "Out of Order" on the electric
161	161	vehicle supply equipment.
162	162	(c) An electric vehicle supply provider may not return
163	163	electric vehicle supply equipment to operation until the equipment
164	164	has been repaired in accordance with manufacturer specifications
165	165	and commission rule.
166	166	SUBCHAPTER D. ENFORCEMENT
167	167	Sec. 2311.0401. DISCIPLINARY ACTION. A person is subject
168	168	to the denial of an application, imposition of an administrative
169	169	penalty under Subchapter F, Chapter 51, or disciplinary action
170	170	under Section 51.353 if the person engages in a commercial
171	171	transaction in violation of this chapter or a rule adopted under
172	172	this chapter.
173	173	Sec. 2311.0402. ADMINISTRATIVE PROCEDURES. A proceeding
174	174	for the denial of a registration or a disciplinary action or an
175	175	appeal from that proceeding is governed by Chapter 2001, Government
176	176	Code.
177	177	SECTION 2. (a) The Texas Commission of Licensing and
178	178	Regulation shall adopt rules necessary to implement the changes in
179	179	law made by this Act not later than December 1, 2024.
180	180	(b) Notwithstanding any other provision of this Act,
181	181	electric vehicle supply equipment installed before December 31,
182	182	2023, is exempt from the requirements of Section 2311.0303,
183	183	Occupations Code, as added by this Act, until the fifth anniversary
184	184	of the date the rules described by Subsection (a) of this section
185	185	are adopted.
186	186	SECTION 3. (a) The Texas Department of Licensing and
187	187	Regulation may establish and lead a stakeholder work group to
188	188	provide input, advice, and recommendations on the activities under
189	189	this Act. The Texas Department of Licensing and Regulation shall
190	190	establish the size, composition, and scope of the stakeholder work
191	191	group.
192	192	(b) This section expires on December 1, 2024.
193	193	SECTION 4. (a) An electric vehicle supply provider shall
194	194	register all of the provider's electric vehicle supply equipment in
195	195	operation in this state not later than March 1, 2025.
196	196	(b) Electric vehicle supply equipment installed in this
197	197	state before the effective date of this Act must be operated in
198	198	compliance with manufacturer specifications, Chapter 2311,
199	199	Occupations Code, as added by this Act, and Texas Commission of
200	200	Licensing and Regulation rules not later than March 1, 2026.
201	201	(c) Electric vehicle supply equipment installed on or after
202	202	September 1, 2023, and before March 1, 2025, must be operated in
203	203	compliance with manufacturer specifications, Chapter 2311,
204	204	Occupations Code, as added by this Act, and Texas Commission of
205	205	Licensing and Regulation rules not later than March 1, 2025.
206	206	(d) Electric vehicle supply equipment installed on or after
207	207	March 1, 2025, must be operated in compliance with manufacturer
208	208	specifications, Chapter 2311, Occupations Code, as added by this
209	209	Act, and Texas Commission of Licensing and Regulation rules, and be
210	210	registered with the Texas Department of Licensing and Regulation
211	211	prior to operation.
212	212	SECTION 5. This Act takes effect September 1, 2023.