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A BILL TO BE ENTITLED
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AN ACT
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relating to the equalization for road use by and public charging |
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infrastructure for alternatively fueled vehicles; authorizing a |
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fee and a surcharge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 490I to read as follows: |
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CHAPTER 490I. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL |
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Sec. 490I.001. DEFINITION. In this chapter, "council" |
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means the Texas Transportation Electrification Council established |
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by this chapter. |
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Sec. 490I.002. ESTABLISHMENT; COMPOSITION. (a) The Texas |
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Transportation Electrification Council is established. |
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(b) The council is composed of the chair of, or if not |
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applicable, the administrative head of or a senior-level designee |
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from, each of the following entities: |
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(1) the Public Utility Commission of Texas; |
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(2) the Electric Reliability Council of Texas; |
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(3) the Texas Commission on Environmental Quality; |
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(4) the State Energy Conservation Office; |
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(5) the Texas Department of Licensing and Regulation; |
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(6) the Texas Department of Transportation; |
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(7) the Texas Department of Motor Vehicles; |
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(8) the Texas Department of Housing and Community |
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Affairs; |
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(9) the Texas State Affordable Housing Corporation; |
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(10) the Texas Division of Emergency Management; and |
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(11) the Texas Economic Development and Tourism |
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Office. |
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Sec. 490I.003. PRESIDING OFFICER; MEETINGS. (a) The |
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council annually shall elect one member to serve as the presiding |
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officer of the council. |
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(a-1) The executive director of the Texas Department of |
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Transportation shall serve as the initial presiding officer of the |
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council. This subsection expires September 1, 2023. |
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(b) The council shall hold at least four public meetings |
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each year. |
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Sec. 490I.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a) |
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The council is administratively attached to the Texas Department of |
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Transportation. |
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(b) The council shall be funded using existing funds of the |
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Texas Department of Transportation. |
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Sec. 490I.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE |
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ASSESSMENT. (a) Not later than March 1, 2022, the council shall |
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prepare an assessment of existing and planned public electric |
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vehicle charging infrastructure and associated technologies in |
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this state using existing databases. The assessment must include |
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the number and types of electric vehicle chargers at each location. |
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(b) The council shall use the assessment in developing the |
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plan required by Section 490I.005. |
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(c) This section expires September 1, 2023. |
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Sec. 490I.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE |
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PLAN. (a) The council shall: |
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(1) develop a comprehensive plan for the development |
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of public electric vehicle charging infrastructure and associated |
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technologies in this state through the year 2040; and |
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(2) update the plan biennially. |
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(b) The plan must: |
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(1) include a phased implementation of the plan, in |
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biennial increments, through the year 2040; |
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(2) identify areas in this state for which additional |
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public electric vehicle charging infrastructure is needed to ensure |
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that the vehicle choice of residents of this state is not |
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constrained by a lack of access to adequate public electric vehicle |
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charging infrastructure; |
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(3) provide for sufficient public electric vehicle |
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charging infrastructure to meet and enable future demand for |
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electric vehicles in this state that: |
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(A) ensures that adequate public electric |
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vehicle charging infrastructure is available: |
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(i) with sufficient frequency and capacity |
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to enable users of electric vehicles of various classes to travel |
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border to border and community to community on interstate highways |
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and other major roadways in this state; |
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(ii) along evacuation routes; and |
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(iii) in rural communities, multifamily and |
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underserved communities, town centers, commercial and retail |
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areas, parks and other publicly owned lands, and other areas that |
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are in proximity to where local electric vehicle users live or work; |
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(B) is safe, dependable, serviceable, and |
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operational; |
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(C) maximizes the benefits associated with |
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transportation electrification; |
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(D) enhances commerce by ensuring an adequate |
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distribution of public electric vehicle charging infrastructure is |
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available throughout the state to stimulate lower cost and lower |
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emissions from heavy duty trucking and delivery services; |
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(E) ensures adequate public electric vehicle |
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charging capacity to facilitate commerce: |
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(i) at or near the borders of this state; |
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(ii) in or near airports, rail yards, and |
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seaports; and |
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(iii) at warehouse complexes and truck |
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stops; |
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(F) enhances accessibility of tourist areas to |
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electric vehicle users; and |
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(G) covers any other areas identified by the |
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council; |
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(4) stimulate competition, innovation, and consumer |
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choice in public electric vehicle charging and related |
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infrastructure and services and encourage private capital |
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investment; |
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(5) specify the number and types of electric vehicle |
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chargers per general location that are needed to meet the |
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requirements prescribed by Subdivisions (2), (3), and (4); |
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(6) examine vehicle and charging infrastructure |
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changes necessary to provide demand response functions and two-way |
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electricity flow capability in order to allow vehicle to grid |
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integration for cost savings, grid reliability, and resiliency; and |
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(7) provide for electric transportation corridors in |
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and along Texas Department of Transportation rights-of-way that |
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include the infrastructure needed for vehicle electrification, |
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such as: |
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(A) a greatly expanded global positioning system |
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network for vehicle location accuracy; |
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(B) advanced sensor networks for traffic; |
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(C) intelligent transportation services; |
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(D) connected vehicle applications; and |
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(E) improvements to energy infrastructure needed |
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to provide adequate vehicle charging. |
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(c) In developing and updating the plan, the council: |
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(1) shall use, to the extent practicable, publicly |
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available electric vehicle projections and models based on industry |
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standards to determine, for each year, the percentage and number of |
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electric vehicles by vehicle class that are expected on roadways in |
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this state and the number of electric vehicle chargers that are |
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needed to ensure that there is comprehensive and adequate access to |
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public electric vehicle charging infrastructure in this state; and |
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(2) may rely on scenarios provided by the Electric |
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Reliability Council of Texas or other information from appropriate |
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sources for the percentage and number of electric vehicles by |
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vehicle class on roadways in this state by year. |
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Sec. 490I.006. STATE AGENCY POLICY RECOMMENDATIONS. The |
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council shall develop policy recommendations that state agencies |
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may adopt to encourage the development of an adequate network of |
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public electric vehicle charging infrastructure and associated |
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technologies to meet the future electrified transportation needs in |
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this state through the year 2040. |
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Sec. 490I.007. STAKEHOLDER INPUT. In performing the |
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council's duties under this chapter, the council shall seek advice |
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and input from: |
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(1) privately owned electric utilities; |
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(2) municipally owned electric utilities; |
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(3) electric cooperatives; |
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(4) state and local transportation and transit |
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agencies; |
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(5) port authorities; |
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(6) warehousing and logistics centers; |
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(7) electric vehicle charging infrastructure |
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companies; |
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(8) environmental groups; |
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(9) consumer advocates; |
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(10) motor vehicle manufacturers; |
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(11) nonprofit organizations developing electric |
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vehicle policy; |
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(12) nonprofit organizations representing food or |
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motor fuel providers; |
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(13) apartment associations; |
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(14) low-income community development corporations; |
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(15) nonprofit organizations that represent |
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utilities, electric vehicle manufacturers, and charging companies; |
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and |
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(16) interested members of the public. |
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Sec. 490I.008. AUTHORITY TO CONTRACT AND CONSULT WITH |
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CERTAIN PERSONS. In performing the council's duties under this |
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chapter, the council may: |
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(1) contract with experts, academic scholars, and |
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other appropriate professionals; and |
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(2) consult with the Texas A&M Transportation |
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Institute and institutions of higher education. |
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Sec. 490I.0085. INITIAL REPORT. (a) Not later than |
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December 1, 2022, the council shall prepare and submit to the |
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governor, the lieutenant governor, each member of the legislature, |
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and relevant state and federal agencies a written report of the |
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council's findings that includes: |
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(1) the assessment prepared under Section 490I.0045; |
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(2) the plan developed under Section 490I.005, |
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including the phased implementation of the plan required by |
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Subsection (b)(1) of that section; and |
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(3) the policy recommendations developed under |
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Section 490I.006. |
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(b) This section expires September 1, 2025. |
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Sec. 490I.009. BIENNIAL REPORT. Not later than December 1 |
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of each even-numbered year, the council shall prepare and submit to |
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the governor, the lieutenant governor, each member of the |
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legislature, and relevant state and federal agencies a written |
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report that includes: |
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(1) a summary of the progress made on the |
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implementation of the plan developed under Section 490I.005; |
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(2) the biennial update to the plan required under |
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Section 490I.005(a)(2); and |
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(3) any updates to the policy recommendations |
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developed under Section 490I.006. |
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Sec. 490I.010. EXPIRATION. This chapter expires and the |
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council is abolished January 1, 2031. |
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SECTION 2. Section 502.198(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Sections 502.058, 502.060, |
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502.1911, 502.192, 502.356, and 502.357 and Subchapters |
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[Subchapter] H and M, this section applies to all fees collected by |
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a county assessor-collector under this chapter. |
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SECTION 3. Chapter 502, Transportation Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. ALTERNATIVELY FUELED VEHICLE FEES |
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Sec. 502.501. DEFINITIONS. In this subchapter: |
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(1) "Alternatively fueled vehicle" means a motor |
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vehicle that is capable of being powered by a source other than |
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gasoline or diesel fuel. |
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(2) "Conventionally fueled vehicle" means a motor |
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vehicle that is capable of being powered only by gasoline or diesel |
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fuel. |
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(3) "Electric vehicle" means a motor vehicle that uses |
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electricity as its only source of motor power. |
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(4) "Hybrid electric vehicle" means a motor vehicle, |
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including a plug-in hybrid electric motor vehicle, that is capable |
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of being powered by both electricity and gasoline, diesel, or |
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another type of fuel. |
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(5) "Natural gas vehicle" means a motor vehicle that |
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is capable of being powered by compressed natural gas or liquefied |
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natural gas as fuel. |
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(6) "Plug-in hybrid electric vehicle" means a vehicle |
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that is capable of being: |
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(A) powered by a battery that drives an electric |
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motor; |
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(B) powered by an internal combustion engine, or |
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other propulsion source, that uses gasoline or diesel fuel; and |
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(C) recharged by plugging into an electrical |
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outlet or electric vehicle charging station. |
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Sec. 502.502. APPLICABILITY. This subchapter does not |
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apply to: |
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(1) a hybrid electric vehicle that is not a plug-in |
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hybrid electric vehicle; |
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(2) a natural gas vehicle; or |
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(3) a vehicle used exclusively to provide public |
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transportation services. |
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Sec. 502.503. ALTERNATIVELY FUELED VEHICLE FEE. (a) In |
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addition to other fees authorized under this chapter, at the time of |
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application for registration or renewal of registration of an |
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alternatively fueled vehicle, other than a vehicle subject to a fee |
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under Subsection (b), the applicant shall pay an additional fee |
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according to the gross weight of the vehicle, as follows: |
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Weight Classification in pounds |
Fee Schedule |
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(b) In addition to other fees authorized under this chapter, |
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at the time of application for registration or renewal of |
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registration of a plug-in hybrid electric vehicle, the applicant |
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shall pay an additional fee according to the gross weight of the |
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vehicle, as follows: |
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Weight Classification in pounds |
Fee Schedule |
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Sec 502.504. MILEAGE FEE ALTERNATIVE. (a) In lieu of |
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paying a fee under Section 502.503, a person who applies for |
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registration or registration renewal of an alternatively fueled |
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vehicle that is equipped with an odometer may pay an annual mileage |
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fee. Notwithstanding Section 548.102, a person may have an |
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alternatively fueled vehicle subject to that section inspected at |
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the end of a one-year period for the purposes of paying a fee under |
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this section. |
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(b) The annual mileage fee for an alternatively fueled |
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vehicle, other than a plug-in hybrid electric vehicle, that weighs |
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6,000 pounds or less is: |
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| 6,001 to 9,000 miles |
$110 |
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| 9,001 to 12,000 miles |
$150 |
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| 12,001 miles or more |
$190 |
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(c) The annual mileage fee for an alternatively fueled |
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vehicle, other than a plug-in hybrid electric vehicle, that weighs |
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more than 6,000 pounds is: |
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| 6,001 to 9,000 miles |
$140 |
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| 9,001 to 12,000 miles |
$190 |
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| 12,001 miles or more |
$240 |
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(d) The annual mileage fee for a plug-in hybrid electric |
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vehicle that weighs 6,000 pounds or less is: |
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(e) The annual mileage fee for a plug-in hybrid electric |
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vehicle that weighs more than 6,000 pounds is: |
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Sec. 502.505. ELECTRIC VEHICLE SURCHARGE. (a) In addition |
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to other fees authorized under this chapter, at the time of |
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application for registration or renewal of registration of an |
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electric vehicle, the applicant shall pay a $10 surcharge. |
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(b) Each surcharge collected under this section shall be |
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deposited to the credit of the general revenue fund and may be used |
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only for the operations of the Texas Transportation Electrification |
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Council established under Chapter 490I, Government Code. This |
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subsection expires September 1, 2030. |
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Sec. 502.506. ANNUAL FEE ADJUSTMENT. (a) On January 1 of |
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each year, the department shall: |
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(1) after September 1, 2030, increase the fees |
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authorized under Sections 502.503 and 502.504 as necessary to |
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adjust for inflation as determined by the National Highway |
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Construction Cost Index; and |
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(2) if the federal government collects a tax on an |
|
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alternatively fueled vehicle, decrease the fees authorized under |
|
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Sections 502.503 and 502.504 for the type of vehicle subject to the |
|
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tax. |
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(b) A fee decreased under Subsection (a)(2) for a fee |
|
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authorized under: |
|
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(1) Section 502.503 must be decreased by an amount |
|
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equal to the amount of the tax collected by the federal government; |
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and |
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(2) Section 502.504 must be decreased by an amount |
|
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that reflects the amount of the tax reduced proportionally |
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according to the miles traveled by the vehicle during the previous |
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year. |
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(c) The department shall post the planned fee increases or |
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decreases under Subsection (a) on the department's Internet website |
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not later than November 1 of the previous year. |
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Sec. 502.507. ALLOCATION OF FEES. Except as otherwise |
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provided by this subchapter, each fee and surcharge collected under |
|
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this subchapter shall be deposited to the credit of the state |
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highway fund. |
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Sec. 502.508. RULES. (a) The department shall adopt rules |
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necessary to administer this subchapter. |
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(b) The Department of Public Safety, in consultation with |
|
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the department, shall adopt rules necessary to implement Section |
|
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502.504. A violation of a rule adopted under this subsection is |
|
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considered to be a violation of Chapter 548 for purposes of Section |
|
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548.405 and Subchapter I of that chapter. |
|
|
SECTION 4. Section 548.253, Transportation Code, is amended |
|
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to read as follows: |
|
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Sec. 548.253. INFORMATION TO BE SUBMITTED ON COMPLETION OF |
|
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INSPECTION. An inspection station or inspector, on completion of |
|
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an inspection, shall electronically submit to the department's |
|
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inspection database: |
|
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(1) the vehicle identification number of the inspected |
|
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vehicle and an indication of whether the vehicle passed the |
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inspections required by this chapter; [and] |
|
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(2) odometer readings as required by department rule; |
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and |
|
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(3) any additional information required by rule by the |
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department for the type of vehicle inspected. |
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SECTION 5. The Texas Transportation Electrification |
|
|
Council shall submit its first report under Section 490I.009, |
|
|
Government Code, as added by this Act, not later than December 1, |
|
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2024. |
|
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SECTION 6. This Act takes effect January 1, 2022. |