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Texas Senate Bill SB1311

Texas 2023 - 88th Regular

Texas Senate Bill SB1311 Compare Versions

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11 88R12151 JRR-F
22 By: Eckhardt S.B. No. 1311
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Texas Transportation
88 Electrification Council and the duties of that council.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 4, Government Code, is amended
1111 by adding Chapter 490J to read as follows:
1212 CHAPTER 490J. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL
1313 Sec. 490J.001. DEFINITION. In this chapter, "council"
1414 means the Texas Transportation Electrification Council established
1515 by this chapter.
1616 Sec. 490J.002. ESTABLISHMENT; COMPOSITION. (a) The Texas
1717 Transportation Electrification Council is established.
1818 (b) The council is composed of the chair of, or if not
1919 applicable, the administrative head of or a senior-level designee
2020 from, each of the following entities:
2121 (1) the Public Utility Commission of Texas;
2222 (2) the Electric Reliability Council of Texas;
2323 (3) the Texas Commission on Environmental Quality;
2424 (4) the State Energy Conservation Office;
2525 (5) the Texas Department of Licensing and Regulation;
2626 (6) the Texas Department of Transportation;
2727 (7) the Texas Department of Motor Vehicles;
2828 (8) the Texas Department of Housing and Community
2929 Affairs;
3030 (9) the Texas State Affordable Housing Corporation;
3131 (10) the Texas Division of Emergency Management; and
3232 (11) the Texas Economic Development and Tourism
3333 Office.
3434 Sec. 490J.003. PRESIDING OFFICER; MEETINGS. (a) The
3535 council annually shall elect one member to serve as the presiding
3636 officer of the council.
3737 (a-1) The executive director of the Texas Department of
3838 Transportation shall serve as the initial presiding officer of the
3939 council. This subsection expires September 1, 2025.
4040 (b) The council shall hold at least four public meetings
4141 each year.
4242 Sec. 490J.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a)
4343 The council is administratively attached to the Texas Department of
4444 Transportation.
4545 (b) The council shall be funded using existing funds of the
4646 Texas Department of Transportation.
4747 Sec. 490J.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
4848 ASSESSMENT. (a) Not later than March 1, 2024, the council shall
4949 prepare an assessment of existing and planned public electric
5050 vehicle charging infrastructure and associated technologies in
5151 this state using existing databases. The assessment must include
5252 the number and types of electric vehicle chargers at each location.
5353 (b) The council shall use the assessment in developing the
5454 plan required by Section 490J.005.
5555 (c) This section expires September 1, 2027.
5656 Sec. 490J.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
5757 PLAN. (a) The council shall:
5858 (1) develop a comprehensive plan for the development
5959 of public electric vehicle charging infrastructure and associated
6060 technologies in this state through the year 2040; and
6161 (2) update the plan biennially.
6262 (b) The plan must:
6363 (1) include a phased implementation of the plan, in
6464 biennial increments, through the year 2040;
6565 (2) identify areas in this state for which additional
6666 public electric vehicle charging infrastructure is needed to ensure
6767 that the vehicle choice of residents of this state is not
6868 constrained by a lack of access to adequate public electric vehicle
6969 charging infrastructure;
7070 (3) provide for sufficient public electric vehicle
7171 charging infrastructure to meet and enable future demand for
7272 electric vehicles in this state that:
7373 (A) ensures that adequate public electric
7474 vehicle charging infrastructure is available:
7575 (i) with sufficient frequency and capacity
7676 to enable users of electric vehicles of various classes to travel
7777 border to border and community to community on interstate highways
7878 and other major roadways in this state;
7979 (ii) along evacuation routes; and
8080 (iii) in rural communities, multifamily and
8181 underserved communities, town centers, commercial and retail
8282 areas, parks and other publicly owned lands, and other areas that
8383 are in proximity to where local electric vehicle users live or work;
8484 (B) is safe, dependable, serviceable, and
8585 operational;
8686 (C) maximizes the benefits associated with
8787 transportation electrification;
8888 (D) enhances commerce by ensuring an adequate
8989 distribution of public electric vehicle charging infrastructure is
9090 available throughout the state to stimulate lower cost and lower
9191 emissions from heavy duty trucking and delivery services;
9292 (E) ensures adequate public electric vehicle
9393 charging capacity to facilitate commerce:
9494 (i) at or near the borders of this state;
9595 (ii) in or near airports, rail yards, and
9696 seaports; and
9797 (iii) at warehouse complexes and truck
9898 stops;
9999 (F) enhances accessibility of tourist areas to
100100 electric vehicle users; and
101101 (G) covers any other areas identified by the
102102 council;
103103 (4) stimulate competition, innovation, and consumer
104104 choice in public electric vehicle charging and related
105105 infrastructure and services and encourage private capital
106106 investment;
107107 (5) specify the number and types of electric vehicle
108108 chargers per general location that are needed to meet the
109109 requirements prescribed by Subdivisions (2), (3), and (4);
110110 (6) examine vehicle and charging infrastructure
111111 changes necessary to provide demand response functions and two-way
112112 electricity flow capability in order to allow vehicle-to-grid
113113 integration for cost savings, grid reliability, and resiliency; and
114114 (7) provide for electric transportation corridors in
115115 and along Texas Department of Transportation rights-of-way that
116116 include the infrastructure needed for vehicle electrification,
117117 such as:
118118 (A) advanced sensor networks for traffic;
119119 (B) intelligent transportation services;
120120 (C) connected vehicle applications; and
121121 (D) improvements to energy infrastructure needed
122122 to provide adequate vehicle charging.
123123 (c) In developing and updating the plan, the council:
124124 (1) shall use, to the extent practicable, publicly
125125 available electric vehicle projections and models based on industry
126126 standards to determine, for each year, the percentage and number of
127127 electric vehicles by vehicle class that are expected on roadways in
128128 this state and the number of electric vehicle chargers that are
129129 needed to ensure that there is comprehensive and adequate access to
130130 public electric vehicle charging infrastructure in this state; and
131131 (2) may rely on scenarios provided by the Electric
132132 Reliability Council of Texas or other information from appropriate
133133 sources for the percentage and number of electric vehicles by
134134 vehicle class on roadways in this state by year.
135135 Sec. 490J.0055. STUDY ON ALTERNATIVELY FUELED VEHICLE
136136 MILEAGE PROGRAM. (a) The council shall conduct a study on the
137137 feasibility of implementing a program that imposes an additional
138138 fee at the time of registration of an alternatively fueled vehicle
139139 based on the annual mileage traveled by the vehicle.
140140 (b) The study must contain an analysis of the economic
141141 impacts of alternatively fueled vehicles on the state highway fund,
142142 including an assessment of:
143143 (1) the number of alternatively fueled vehicles
144144 registered in the state, including future projections on the number
145145 of those vehicles;
146146 (2) the revenue lost from taxes imposed under Chapter
147147 162, Tax Code, that an operator of an alternatively fueled vehicle
148148 registered in this state would have paid if the vehicle operated
149149 solely on gasoline or diesel fuel; and
150150 (3) the amount of and method for calculating the
151151 additional fee described by Subsection (a), the estimated revenue
152152 collected from the fee, and the impact of inflation on the fee.
153153 (c) Not later than December 1, 2024, the council shall:
154154 (1) prepare a written report that includes a summary
155155 of the results of the study conducted under this section and any
156156 legislative recommendations based on the study; and
157157 (2) include the report prepared under Subdivision (1)
158158 in the initial report submitted under Section 490J.0085.
159159 (d) This section expires September 1, 2027.
160160 Sec. 490J.006. STATE AGENCY POLICY RECOMMENDATIONS. The
161161 council shall develop policy recommendations that state agencies
162162 may adopt to encourage the development of an adequate network of
163163 public electric vehicle charging infrastructure and associated
164164 technologies to meet the future electrified transportation needs in
165165 this state through the year 2040.
166166 Sec. 490J.007. STAKEHOLDER INPUT. In performing the
167167 council's duties under this chapter, the council shall seek advice
168168 and input from:
169169 (1) privately owned electric utilities;
170170 (2) municipally owned electric utilities;
171171 (3) electric cooperatives;
172172 (4) state and local transportation and transit
173173 agencies;
174174 (5) port authorities;
175175 (6) warehousing and logistics centers;
176176 (7) electric vehicle charging infrastructure
177177 companies;
178178 (8) environmental groups;
179179 (9) consumer advocates;
180180 (10) motor vehicle manufacturers;
181181 (11) nonprofit organizations developing electric
182182 vehicle policy;
183183 (12) nonprofit organizations representing food or
184184 motor fuel providers;
185185 (13) apartment associations;
186186 (14) low-income community development corporations;
187187 (15) nonprofit organizations that represent
188188 utilities, electric vehicle manufacturers, and charging companies;
189189 and
190190 (16) interested members of the public.
191191 Sec. 490J.008. AUTHORITY TO CONTRACT AND CONSULT WITH
192192 CERTAIN PERSONS. In performing the council's duties under this
193193 chapter, the council may:
194194 (1) contract with experts, academic scholars, and
195195 other appropriate professionals; and
196196 (2) consult with the Texas A&M Transportation
197197 Institute and institutions of higher education.
198198 Sec. 490J.0085. INITIAL REPORT. (a) Not later than
199199 December 1, 2024, the council shall prepare and submit to the
200200 governor, the lieutenant governor, each member of the legislature,
201201 and relevant state and federal agencies a written report of the
202202 council's findings that includes:
203203 (1) the assessment prepared under Section 490J.0045;
204204 (2) the plan developed under Section 490J.005,
205205 including the phased implementation of the plan required by
206206 Subsection (b)(1) of that section;
207207 (3) the report prepared under Section 490J.0055; and
208208 (4) the policy recommendations developed under
209209 Section 490J.006.
210210 (b) This section expires September 1, 2027.
211211 Sec. 490J.009. BIENNIAL REPORT. Not later than December 1
212212 of each even-numbered year, the council shall prepare and submit to
213213 the governor, the lieutenant governor, each member of the
214214 legislature, and relevant state and federal agencies a written
215215 report that includes:
216216 (1) a summary of the progress made on the
217217 implementation of the plan developed under Section 490J.005;
218218 (2) the biennial update to the plan required under
219219 Section 490J.005(a)(2); and
220220 (3) any updates to the policy recommendations
221221 developed under Section 490J.006.
222222 Sec. 490J.010. EXPIRATION. This chapter expires and the
223223 council is abolished January 1, 2033.
224224 SECTION 2. The Texas Transportation Electrification
225225 Council shall submit its first report under Section 490J.009,
226226 Government Code, as added by this Act, not later than December 1,
227227 2026.
228228 SECTION 3. This Act takes effect January 1, 2024.