88R8931 CXP-F
By: Hernandez H.B. No. 3508
A BILL TO BE ENTITLED
AN ACT
relating to the operation of electric vehicle charging stations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Utilities Code, is amended
by adding Chapter 42 to read as follows:
CHAPTER 42. ELECTRIC VEHICLE CHARGING
Sec. 42.0101. LEGISLATIVE FINDINGS. (a) The legislature
finds that it is in the best interests of this state to continue the
longstanding policy of robust competition through the free market
by establishing a framework designed to encourage competitive
private sector investment in the deployment of electric vehicle
charging stations.
(b) The legislature finds that encouraging private sector
investment in the deployment of electric vehicle charging stations
is essential to foster the rapid installation and widespread use of
electric vehicle charging stations on property whose owners or
tenants desire to make such an investment.
(c) The legislature finds that it is necessary to:
(1) implement competitively neutral policies to
encourage competitive private sector investment in electric
vehicle charging station deployment;
(2) develop and implement competitively neutral
electricity tariffs aimed at and optimized for the low-cost
operation of electric vehicle charging stations while ensuring
transparency in pricing; and
(3) encourage competitive private investment,
ownership, and operation of electric vehicle charging stations,
including equipment that allows for fast charging.
Sec. 42.0102. DEFINITIONS. In this chapter:
(1) "Direct-current fast charging station" means a
charging system capable of delivering at least 50 kilowatts of
direct-current electrical power to an electric vehicle's
rechargeable battery at a voltage of 200 volts or greater.
(2) "Electric vehicle" means an automobile that is
propelled by one or more electric motors using energy stored in the
form of a rechargeable battery.
(3) "Electric vehicle charging provider" means the
owner of an electric vehicle charging station.
(4) "Electric vehicle charging station" means any
level two charging station or direct-current fast charging station
that delivers electricity from a source outside an electric vehicle
into an electric vehicle and is separate and distinct from
make-ready infrastructure.
(5) "Level two charging station" means a charging
system capable of delivering at least 3 and not more than 50
kilowatts of alternating-current electrical power to an electric
vehicle's rechargeable battery at a voltage of 200 volts or
greater.
(6) "Make-ready infrastructure" means the electrical
infrastructure required to service an electric vehicle charging
station's electrical load on the electric utility's or customer's
side of the meter. The term does not include an electric vehicle
charging station.
Sec. 42.0103. ELECTRIC UTILITIES. (a) An electric utility
or transmission and distribution utility:
(1) may not directly provide retail electricity
charging service from an electric vehicle charging station;
(2) may not include an electric vehicle charging
station for recovery through rates approved by the commission;
(3) may provide retail electricity charging service
from an electric vehicle charging station through a separate
affiliate that is:
(A) not subject to regulation by the commission;
and
(B) subject to prohibitions on market power
abuse, cross-subsidizations, and preferential treatment between
regulated and competitive activities described by Section
39.157(d); and
(4) consistent with the requirements of Subchapter B,
Chapter 38, and Section 39.157(d)(3), shall offer the same
nondiscriminatory rates, terms, and conditions offered to the
affiliate described by Subdivision (3) to other electric vehicle
charging providers in the utility's service area for the operation
of electric vehicle charging stations.
(b) An affiliate of an electric utility or transmission and
distribution utility that provides, owns, operates, or maintains
electric vehicle charging stations and is not subject to regulation
by the commission may not be subsidized by any rate or charge for
any regulated services provided by an electric utility or
transmission and distribution utility.
(c) This section does not prohibit an electric utility or
transmission and distribution utility from subsidizing the costs of
make-ready infrastructure through rates or charges for services
provided by the electric utility's or transmission and distribution
utility's regulated services.
SECTION 2. Section 42.0103(b), Utilities Code, as added by
this Act, applies only to a rate or charge imposed after January 1,
2024.
SECTION 3. This Act takes effect September 1, 2023.