88R12151 JRR-F
By: Eckhardt S.B. No. 1311
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Transportation
Electrification Council and the duties of that council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 490J to read as follows:
CHAPTER 490J. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL
Sec. 490J.001. DEFINITION. In this chapter, "council"
means the Texas Transportation Electrification Council established
by this chapter.
Sec. 490J.002. ESTABLISHMENT; COMPOSITION. (a) The Texas
Transportation Electrification Council is established.
(b) The council is composed of the chair of, or if not
applicable, the administrative head of or a senior-level designee
from, each of the following entities:
(1) the Public Utility Commission of Texas;
(2) the Electric Reliability Council of Texas;
(3) the Texas Commission on Environmental Quality;
(4) the State Energy Conservation Office;
(5) the Texas Department of Licensing and Regulation;
(6) the Texas Department of Transportation;
(7) the Texas Department of Motor Vehicles;
(8) the Texas Department of Housing and Community
Affairs;
(9) the Texas State Affordable Housing Corporation;
(10) the Texas Division of Emergency Management; and
(11) the Texas Economic Development and Tourism
Office.
Sec. 490J.003. PRESIDING OFFICER; MEETINGS. (a) The
council annually shall elect one member to serve as the presiding
officer of the council.
(a-1) The executive director of the Texas Department of
Transportation shall serve as the initial presiding officer of the
council. This subsection expires September 1, 2025.
(b) The council shall hold at least four public meetings
each year.
Sec. 490J.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a)
The council is administratively attached to the Texas Department of
Transportation.
(b) The council shall be funded using existing funds of the
Texas Department of Transportation.
Sec. 490J.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
ASSESSMENT. (a) Not later than March 1, 2024, the council shall
prepare an assessment of existing and planned public electric
vehicle charging infrastructure and associated technologies in
this state using existing databases. The assessment must include
the number and types of electric vehicle chargers at each location.
(b) The council shall use the assessment in developing the
plan required by Section 490J.005.
(c) This section expires September 1, 2027.
Sec. 490J.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
PLAN. (a) The council shall:
(1) develop a comprehensive plan for the development
of public electric vehicle charging infrastructure and associated
technologies in this state through the year 2040; and
(2) update the plan biennially.
(b) The plan must:
(1) include a phased implementation of the plan, in
biennial increments, through the year 2040;
(2) identify areas in this state for which additional
public electric vehicle charging infrastructure is needed to ensure
that the vehicle choice of residents of this state is not
constrained by a lack of access to adequate public electric vehicle
charging infrastructure;
(3) provide for sufficient public electric vehicle
charging infrastructure to meet and enable future demand for
electric vehicles in this state that:
(A) ensures that adequate public electric
vehicle charging infrastructure is available:
(i) with sufficient frequency and capacity
to enable users of electric vehicles of various classes to travel
border to border and community to community on interstate highways
and other major roadways in this state;
(ii) along evacuation routes; and
(iii) in rural communities, multifamily and
underserved communities, town centers, commercial and retail
areas, parks and other publicly owned lands, and other areas that
are in proximity to where local electric vehicle users live or work;
(B) is safe, dependable, serviceable, and
operational;
(C) maximizes the benefits associated with
transportation electrification;
(D) enhances commerce by ensuring an adequate
distribution of public electric vehicle charging infrastructure is
available throughout the state to stimulate lower cost and lower
emissions from heavy duty trucking and delivery services;
(E) ensures adequate public electric vehicle
charging capacity to facilitate commerce:
(i) at or near the borders of this state;
(ii) in or near airports, rail yards, and
seaports; and
(iii) at warehouse complexes and truck
stops;
(F) enhances accessibility of tourist areas to
electric vehicle users; and
(G) covers any other areas identified by the
council;
(4) stimulate competition, innovation, and consumer
choice in public electric vehicle charging and related
infrastructure and services and encourage private capital
investment;
(5) specify the number and types of electric vehicle
chargers per general location that are needed to meet the
requirements prescribed by Subdivisions (2), (3), and (4);
(6) examine vehicle and charging infrastructure
changes necessary to provide demand response functions and two-way
electricity flow capability in order to allow vehicle-to-grid
integration for cost savings, grid reliability, and resiliency; and
(7) provide for electric transportation corridors in
and along Texas Department of Transportation rights-of-way that
include the infrastructure needed for vehicle electrification,
such as:
(A) advanced sensor networks for traffic;
(B) intelligent transportation services;
(C) connected vehicle applications; and
(D) improvements to energy infrastructure needed
to provide adequate vehicle charging.
(c) In developing and updating the plan, the council:
(1) shall use, to the extent practicable, publicly
available electric vehicle projections and models based on industry
standards to determine, for each year, the percentage and number of
electric vehicles by vehicle class that are expected on roadways in
this state and the number of electric vehicle chargers that are
needed to ensure that there is comprehensive and adequate access to
public electric vehicle charging infrastructure in this state; and
(2) may rely on scenarios provided by the Electric
Reliability Council of Texas or other information from appropriate
sources for the percentage and number of electric vehicles by
vehicle class on roadways in this state by year.
Sec. 490J.0055. STUDY ON ALTERNATIVELY FUELED VEHICLE
MILEAGE PROGRAM. (a) The council shall conduct a study on the
feasibility of implementing a program that imposes an additional
fee at the time of registration of an alternatively fueled vehicle
based on the annual mileage traveled by the vehicle.
(b) The study must contain an analysis of the economic
impacts of alternatively fueled vehicles on the state highway fund,
including an assessment of:
(1) the number of alternatively fueled vehicles
registered in the state, including future projections on the number
of those vehicles;
(2) the revenue lost from taxes imposed under Chapter
162, Tax Code, that an operator of an alternatively fueled vehicle
registered in this state would have paid if the vehicle operated
solely on gasoline or diesel fuel; and
(3) the amount of and method for calculating the
additional fee described by Subsection (a), the estimated revenue
collected from the fee, and the impact of inflation on the fee.
(c) Not later than December 1, 2024, the council shall:
(1) prepare a written report that includes a summary
of the results of the study conducted under this section and any
legislative recommendations based on the study; and
(2) include the report prepared under Subdivision (1)
in the initial report submitted under Section 490J.0085.
(d) This section expires September 1, 2027.
Sec. 490J.006. STATE AGENCY POLICY RECOMMENDATIONS. The
council shall develop policy recommendations that state agencies
may adopt to encourage the development of an adequate network of
public electric vehicle charging infrastructure and associated
technologies to meet the future electrified transportation needs in
this state through the year 2040.
Sec. 490J.007. STAKEHOLDER INPUT. In performing the
council's duties under this chapter, the council shall seek advice
and input from:
(1) privately owned electric utilities;
(2) municipally owned electric utilities;
(3) electric cooperatives;
(4) state and local transportation and transit
agencies;
(5) port authorities;
(6) warehousing and logistics centers;
(7) electric vehicle charging infrastructure
companies;
(8) environmental groups;
(9) consumer advocates;
(10) motor vehicle manufacturers;
(11) nonprofit organizations developing electric
vehicle policy;
(12) nonprofit organizations representing food or
motor fuel providers;
(13) apartment associations;
(14) low-income community development corporations;
(15) nonprofit organizations that represent
utilities, electric vehicle manufacturers, and charging companies;
and
(16) interested members of the public.
Sec. 490J.008. AUTHORITY TO CONTRACT AND CONSULT WITH
CERTAIN PERSONS. In performing the council's duties under this
chapter, the council may:
(1) contract with experts, academic scholars, and
other appropriate professionals; and
(2) consult with the Texas A&M Transportation
Institute and institutions of higher education.
Sec. 490J.0085. INITIAL REPORT. (a) Not later than
December 1, 2024, the council shall prepare and submit to the
governor, the lieutenant governor, each member of the legislature,
and relevant state and federal agencies a written report of the
council's findings that includes:
(1) the assessment prepared under Section 490J.0045;
(2) the plan developed under Section 490J.005,
including the phased implementation of the plan required by
Subsection (b)(1) of that section;
(3) the report prepared under Section 490J.0055; and
(4) the policy recommendations developed under
Section 490J.006.
(b) This section expires September 1, 2027.
Sec. 490J.009. BIENNIAL REPORT. Not later than December 1
of each even-numbered year, the council shall prepare and submit to
the governor, the lieutenant governor, each member of the
legislature, and relevant state and federal agencies a written
report that includes:
(1) a summary of the progress made on the
implementation of the plan developed under Section 490J.005;
(2) the biennial update to the plan required under
Section 490J.005(a)(2); and
(3) any updates to the policy recommendations
developed under Section 490J.006.
Sec. 490J.010. EXPIRATION. This chapter expires and the
council is abolished January 1, 2033.
SECTION 2. The Texas Transportation Electrification
Council shall submit its first report under Section 490J.009,
Government Code, as added by this Act, not later than December 1,
2026.
SECTION 3. This Act takes effect January 1, 2024.