By: Schwertner, Nichols S.B. No. 1001
(In the Senate - Filed February 17, 2023; March 3, 2023,
read first time and referred to Committee on Business & Commerce;
March 27, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 27, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1001 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of electric vehicle supply equipment;
requiring an occupational registration; authorizing fees;
authorizing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 supply 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;
(2) provided 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; or
(3) provided by a business for use at no charge.
Sec. 2311.0207. REGULATION OF LEGACY CHARGERS. The
commission may adopt rules to regulate electric vehicle supply
equipment in operation before January 1, 2024, that:
(1) has never had a metering system in place capable of
measuring electricity transferred from the charging station to the
vehicle; or
(2) is not capable of measuring the time elapsed while
actively charging a vehicle and calculating a fee for the charging
session.
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.
Sec. 2311.0303. SPECIFICATIONS. (a) The commission shall
adopt specifications for the installation and operation of electric
vehicle supply equipment that are substantially similar to the
specifications most recently 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 display 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 display 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. 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 a 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 2. (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 10th anniversary
of the date the rules described by Subsection (a) of this section
are adopted.
SECTION 3. (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 4. (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
the effective date of this Act 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 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
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