Texas 2023 - 88th Regular

Texas Senate Bill SB1001 Compare Versions

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1	1	S.B. No. 1001
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of electric vehicle supply equipment;
6	6	requiring an occupational registration; authorizing fees;
7	7	authorizing an administrative penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 14, Occupations Code, is
10	10	amended by adding Chapter 2311 to read as follows:
11	11	CHAPTER 2311. ELECTRIC VEHICLE SUPPLY EQUIPMENT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 2311.0101. DEFINITIONS. In this chapter:
14	14	(1) "Commercial transaction" means any sale or
15	15	exchange for compensation of electrical energy through a digital
16	16	network.
17	17	(2) "Commission" means the Texas Commission of
18	18	Licensing and Regulation.
19	19	(3) "Department" means the Texas Department of
20	20	Licensing and Regulation.
21	21	(4) "Digital network" means an online-enabled
22	22	application, website, or system offered or used by an electric
23	23	vehicle supply provider that allows a user to initiate a commercial
24	24	transaction to dispense electrical energy from electric vehicle
25	25	supply equipment to an electric vehicle.
26	26	(5) "Electric vehicle supply equipment" means a device
27	27	or equipment used to dispense electrical energy to an electric
28	28	vehicle.
29	29	(6) "Electric vehicle supply provider" means an owner
30	30	or operator of electric vehicle supply equipment that is available
31	31	and accessible to the public to provide electrical energy through a
32	32	commercial transaction.
33	33	SUBCHAPTER B. POWERS AND DUTIES
34	34	Sec. 2311.0201. RULES. The commission shall adopt rules as
35	35	necessary to implement this chapter.
36	36	Sec. 2311.0202. FEES. The commission by rule shall set fees
37	37	in amounts sufficient to cover the costs of administering this
38	38	chapter.
39	39	Sec. 2311.0203. CONTRACT. The department may contract to
40	40	perform the department's duties related to electric vehicle supply
41	41	equipment, including inspections. A reference in this chapter to
42	42	the commission or department in the context of a contracted service
43	43	means the contractor.
44	44	Sec. 2311.0204. INSPECTION OF ELECTRIC VEHICLE SUPPLY
45	45	EQUIPMENT. The department may periodically, or in response to a
46	46	complaint, conduct an inspection of electric vehicle supply
47	47	equipment in order to verify compliance with registration
48	48	requirements and standards established in this chapter and
49	49	commission rules, unless electric vehicle supply equipment is
50	50	exempt from the application of this chapter by commission rule.
51	51	Sec. 2311.0205. COMPLAINTS REGARDING ELECTRIC VEHICLE
52	52	SUPPLY EQUIPMENT. In accordance with Chapter 51, the executive
53	53	director of the department shall establish methods by which
54	54	consumers are notified of the name, Internet website address,
55	55	mailing address, and telephone number of the department for the
56	56	purpose of directing complaints to the department.
57	57	Sec. 2311.0206. EXEMPTIONS. (a) The commission by rule may
58	58	exempt electric vehicle supply equipment from a requirement
59	59	established by this chapter if the commission determines that
60	60	imposing or enforcing the requirement:
61	61	(1) is not cost-effective for the department;
62	62	(2) is not feasible with current resources or
63	63	standards; or
64	64	(3) will not substantially benefit or protect
65	65	consumers.
66	66	(b) Electric vehicle supply equipment is exempt from the
67	67	requirements of this chapter if, in accordance with commission
68	68	rule, the electric vehicle supply equipment is:
69	69	(1) installed in or adjacent to a private residence
70	70	for noncommercial use;
71	71	(2) provided for the exclusive use of an individual,
72	72	or a group of individuals, including employees, tenants, visitors,
73	73	or residents of a multiunit housing or office development; or
74	74	(3) provided by a business for use at no charge.
75	75	Sec. 2311.0207. REGULATION OF LEGACY CHARGERS. The
76	76	commission may adopt rules to regulate electric vehicle supply
77	77	equipment in operation before January 1, 2024, that:
78	78	(1) has never had a metering system in place capable of
79	79	measuring electricity transferred from the charging station to the
80	80	vehicle; or
81	81	(2) is not capable of measuring the time elapsed while
82	82	actively charging a vehicle and calculating a fee for the charging
83	83	session.
84	84	SUBCHAPTER C. OPERATION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT
85	85	Sec. 2311.0301. DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER.
86	86	Unless electric vehicle supply equipment is exempt from the
87	87	application of this chapter or has been removed from service, an
88	88	electric vehicle supply provider shall:
89	89	(1) have electric vehicle supply equipment inspected
90	90	as prescribed by commission rule; and
91	91	(2) maintain electric vehicle supply equipment in
92	92	compliance with maintenance specifications, this chapter, and
93	93	commission rule.
94	94	Sec. 2311.0302. REQUIRED REGISTRATION. (a) Unless
95	95	electric vehicle supply equipment is exempt from the application of
96	96	this chapter by commission rule, an electric vehicle supply
97	97	provider shall register each charging unit of electric vehicle
98	98	supply equipment operated by the provider with the department
99	99	before the electric vehicle supply equipment is made available for
100	100	use on a digital network for a commercial transaction.
101	101	(b) The department shall issue a registration to each
102	102	applicant that meets the requirements of this chapter and submits
103	103	an application that meets the requirements of this section. An
104	104	application for electric vehicle supply equipment registration
105	105	must:
106	106	(1) be submitted to the department in a manner
107	107	prescribed by the department;
108	108	(2) be accompanied by any other document or form
109	109	required by the department;
110	110	(3) include any fee required under Section 2311.0202;
111	111	and
112	112	(4) include documentation of compliance with Section
113	113	2311.0303, as prescribed by commission rule.
114	114	Sec. 2311.0303. SPECIFICATIONS. (a) Specifications and
115	115	tolerances for electric vehicle supply equipment shall be the same
116	116	as those recommended by the National Institute of Standards and
117	117	Technology.
118	118	(b) Electric vehicle supply equipment must be installed and
119	119	operated in accordance with Chapter 1305.
120	120	(c) The commission may adopt rules as necessary to establish
121	121	standards under this chapter.
122	122	(d) This subsection applies only to electric vehicle supply
123	123	equipment installed after December 1, 2024, that is made available
124	124	to the public, is not intended primarily for private use, and is
125	125	funded by a public grant or a rebate program. The commission, in
126	126	consultation with the Texas Department of Transportation, shall
127	127	adopt standards that require electric vehicle supply equipment to
128	128	be equipped with a standard electric vehicle charging connector or
129	129	plug type that is widely compatible with as many types of electric
130	130	vehicles as practicable.
131	131	Sec. 2311.0304. FEES; DISCLOSURES. (a) An electric
132	132	vehicle supply provider shall disclose on the display of the
133	133	electric vehicle supply equipment or on the electric vehicle supply
134	134	provider's digital network:
135	135	(1) the fee calculation method or methods; and
136	136	(2) applicable surcharges.
137	137	(b) Before the user begins charging, the electric vehicle
138	138	supply provider shall disclose:
139	139	(1) the rate the user will be charged at the time of
140	140	the transaction based on the available fee calculation method or
141	141	methods; and
142	142	(2) a list of applicable surcharges.
143	143	(c) In accordance with commission rule, an electric vehicle
144	144	supply provider shall show on the display of the provider's
145	145	electric vehicle supply equipment or on the provider's digital
146	146	network a notice to consumers that:
147	147	(1) states that the department regulates electric
148	148	vehicle supply equipment; and
149	149	(2) provides information on filing a complaint with
150	150	the department about electric vehicle supply equipment.
151	151	Sec. 2311.0305. RECEIPT. After a reasonable period
152	152	following the completion of a commercial transaction for electric
153	153	vehicle charging, on request of a user, the electric vehicle supply
154	154	provider shall transmit a summary that includes:
155	155	(1) the date and time of the transaction;
156	156	(2) the physical location of the electric vehicle
157	157	supply equipment;
158	158	(3) the duration of and kilowatt hours provided during
159	159	the transaction; and
160	160	(4) an itemization of the total fees paid, including
161	161	surcharges, if applicable.
162	162	Sec. 2311.0306. REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY
163	163	EQUIPMENT. (a) An electric vehicle supply provider shall:
164	164	(1) remove from operation in a manner that prevents
165	165	use and access by the public, in accordance with commission rules,
166	166	electric vehicle supply equipment that poses a safety risk; and
167	167	(2) remove electric vehicle supply equipment that
168	168	poses a safety risk from the electric vehicle supply provider's
169	169	digital network listing of available charging units.
170	170	(b) If the department determines that electric vehicle
171	171	supply equipment poses a safety risk, the department shall place a
172	172	tag or other mark with the words "Out of Order" on the electric
173	173	vehicle supply equipment.
174	174	(c) An electric vehicle supply provider may not return
175	175	electric vehicle supply equipment to operation until the equipment
176	176	has been repaired in accordance with manufacturer specifications
177	177	and commission rule.
178	178	SUBCHAPTER D. ENFORCEMENT
179	179	Sec. 2311.0401. DISCIPLINARY ACTION. A person is subject
180	180	to the denial of an application, imposition of an administrative
181	181	penalty under Subchapter F, Chapter 51, or disciplinary action
182	182	under Section 51.353 if the person engages in a commercial
183	183	transaction in violation of this chapter or a rule adopted under
184	184	this chapter.
185	185	Sec. 2311.0402. ADMINISTRATIVE PROCEDURES. A proceeding
186	186	for the denial of a registration or a disciplinary action or an
187	187	appeal from that proceeding is governed by Chapter 2001, Government
188	188	Code.
189	189	SECTION 2. The Texas Commission of Licensing and Regulation
190	190	shall adopt rules necessary to implement the changes in law made by
191	191	this Act not later than December 1, 2024.
192	192	SECTION 3. (a) The Texas Department of Licensing and
193	193	Regulation may establish and lead a stakeholder work group to
194	194	provide input, advice, and recommendations on the activities under
195	195	this Act. The Texas Department of Licensing and Regulation shall
196	196	establish the size, composition, and scope of the stakeholder work
197	197	group.
198	198	(b) This section expires on December 1, 2024.
199	199	SECTION 4. (a) An electric vehicle supply provider shall
200	200	register all of the provider's electric vehicle supply equipment in
201	201	operation in this state not later than March 1, 2025.
202	202	(b) Except as provided by Subsection (c) of this section,
203	203	electric vehicle supply equipment installed in this state must be
204	204	operated in compliance with manufacturer specifications, Chapter
205	205	2311, Occupations Code, as added by this Act, and Texas Commission
206	206	of Licensing and Regulation rules:
207	207	(1) not later than March 1, 2028, if the equipment is
208	208	installed before the effective date of this Act;
209	209	(2) not later than March 1, 2025, if the equipment is
210	210	installed on or after the effective date of this Act and before
211	211	March 1, 2025; and
212	212	(3) when the equipment begins operating, if the
213	213	equipment is installed on or after March 1, 2025.
214	214	(c) Electric vehicle supply equipment installed in this
215	215	state that is subject to Section 2311.0303(d), Occupations Code, as
216	216	added by this Act, is not required to comply with that subsection or
217	217	rules adopted under that subsection until January 1, 2030.
218	218	SECTION 5. This Act takes effect immediately if it receives
219	219	a vote of two-thirds of all the members elected to each house, as
220	220	provided by Section 39, Article III, Texas Constitution. If this
221	221	Act does not receive the vote necessary for immediate effect, this
222	222	Act takes effect September 1, 2023.
223	223	______________________________ ______________________________
224	224	President of the Senate Speaker of the House
225	225	I hereby certify that S.B. No. 1001 passed the Senate on
226	226	March 29, 2023, by the following vote: Yeas 28, Nays 3; and that
227	227	the Senate concurred in House amendments on May 25, 2023, by the
228	228	following vote: Yeas 28, Nays 3.
229	229	______________________________
230	230	Secretary of the Senate
231	231	I hereby certify that S.B. No. 1001 passed the House, with
232	232	amendments, on May 22, 2023, by the following vote: Yeas 109,
233	233	Nays 36, one present not voting.
234	234	______________________________
235	235	Chief Clerk of the House
236	236	Approved:
237	237	______________________________
238	238	Date
239	239	______________________________
240	240	Governor