87R26838 MP-F
 
  By: Schwertner, et al. S.B. No. 1728
 
  (Canales)
 
  Substitute the following for S.B. No. 1728:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the equalization for road use by and public charging
  infrastructure for alternatively fueled vehicles; authorizing a
  fee and a surcharge.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 4, Government Code, is amended
  by adding Chapter 490I to read as follows:
  CHAPTER 490I. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL
         Sec. 490I.001.  DEFINITION. In this chapter, "council"
  means the Texas Transportation Electrification Council established
  by this chapter.
         Sec. 490I.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. 490I.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, 2023.
         (b)  The council shall hold at least four public meetings
  each year.
         Sec. 490I.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. 490I.0045.  ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
  ASSESSMENT. (a) Not later than March 1, 2022, 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 490I.005.
         (c)  This section expires September 1, 2023.
         Sec. 490I.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)  a greatly expanded global positioning system
  network for vehicle location accuracy;
                     (B)  advanced sensor networks for traffic;
                     (C)  intelligent transportation services;
                     (D)  connected vehicle applications; and
                     (E)  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. 490I.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. 490I.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. 490I.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. 490I.0085.  INITIAL REPORT. (a) Not later than
  December 1, 2022, 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 490I.0045;
               (2)  the plan developed under Section 490I.005,
  including the phased implementation of the plan required by
  Subsection (b)(1) of that section; and
               (3)  the policy recommendations developed under
  Section 490I.006.
         (b)  This section expires September 1, 2025.
         Sec. 490I.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 490I.005;
               (2)  the biennial update to the plan required under
  Section 490I.005(a)(2); and
               (3)  any updates to the policy recommendations
  developed under Section 490I.006.
         Sec. 490I.010.  EXPIRATION.  This chapter expires and the
  council is abolished January 1, 2031.
         SECTION 2.  Section 502.198(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Sections 502.058, 502.060,
  502.1911, 502.192, 502.356, and 502.357 and Subchapters 
  [Subchapter] H and M, this section applies to all fees collected by
  a county assessor-collector under this chapter.
         SECTION 3.  Chapter 502, Transportation Code, is amended by
  adding Subchapter M to read as follows:
  SUBCHAPTER M. ALTERNATIVELY FUELED VEHICLE FEES
         Sec. 502.501.  DEFINITIONS. In this subchapter:
               (1)  "Alternatively fueled vehicle" means a motor
  vehicle that is capable of being powered by a source other than
  gasoline or diesel fuel.
               (2)  "Conventionally fueled vehicle" means a motor
  vehicle that is capable of being powered only by gasoline or diesel
  fuel.
               (3)  "Electric vehicle" means a motor vehicle that uses
  electricity as its only source of motor power.
               (4)  "Hybrid electric vehicle" means a motor vehicle,
  including a plug-in hybrid electric motor vehicle, that is capable
  of being powered by both electricity and gasoline, diesel, or
  another type of fuel.
               (5)  "Natural gas vehicle" means a motor vehicle that
  is capable of being powered by compressed natural gas or liquefied
  natural gas as fuel.
               (6)  "Plug-in hybrid electric vehicle" means a vehicle
  that is capable of being:
                     (A)  powered by a battery that drives an electric
  motor;
                     (B)  powered by an internal combustion engine, or
  other propulsion source, that uses gasoline or diesel fuel; and
                     (C)  recharged by plugging into an electrical
  outlet or electric vehicle charging station.
         Sec. 502.502.  APPLICABILITY.  This subchapter does not
  apply to:
               (1)  a hybrid electric vehicle that is not a plug-in
  hybrid electric vehicle;
               (2)  a natural gas vehicle; or
               (3)  a vehicle used exclusively to provide public
  transportation services.
         Sec. 502.503.  ALTERNATIVELY FUELED VEHICLE FEE.  (a)  In
  addition to other fees authorized under this chapter, at the time of
  application for registration or renewal of registration of an
  alternatively fueled vehicle, other than a vehicle subject to a fee
  under Subsection (b), the applicant shall pay an additional fee
  according to the gross weight of the vehicle, as follows:
 
Weight Classification in pounds Fee Schedule
 
0-6,000 $190
 
6,001-10,000 $240
         (b)  In addition to other fees authorized under this chapter,
  at the time of application for registration or renewal of
  registration of a plug-in hybrid electric vehicle, the applicant
  shall pay an additional fee according to the gross weight of the
  vehicle, as follows:
 
Weight Classification in pounds Fee Schedule
 
0-6,000 $30
 
6,001-10,000 $40
         Sec 502.504.  MILEAGE FEE ALTERNATIVE.  (a)  In lieu of
  paying a fee under Section 502.503, a person who applies for
  registration or registration renewal of an alternatively fueled
  vehicle that is equipped with an odometer may pay an annual mileage
  fee.  Notwithstanding Section 548.102, a person may have an
  alternatively fueled vehicle subject to that section inspected at
  the end of a one-year period for the purposes of paying a fee under
  this section.
         (b)  The annual mileage fee for an alternatively fueled
  vehicle, other than a plug-in hybrid electric vehicle, that weighs
  6,000 pounds or less is:
 
Annual Mileage Fee
 
3,000 miles or less $30
 
3,001 to 6,000 miles $70
 
6,001 to 9,000 miles $110
 
9,001 to 12,000 miles $150
 
12,001 miles or more $190
         (c)  The annual mileage fee for an alternatively fueled
  vehicle, other than a plug-in hybrid electric vehicle, that weighs
  more than 6,000 pounds is:
 
Annual Mileage Fee
 
3,000 miles or less $40
 
3,001 to 6,000 miles $90
 
6,001 to 9,000 miles $140
 
9,001 to 12,000 miles $190
 
12,001 miles or more $240
         (d)  The annual mileage fee for a plug-in hybrid electric
  vehicle that weighs 6,000 pounds or less is:
 
Annual Mileage Fee
 
3,000 miles or less $5
 
3,001 to 6,000 miles $10
 
6,001 to 9,000 miles $20
 
9,001  miles or more $30
         (e)  The annual mileage fee for a plug-in hybrid electric
  vehicle that weighs more than 6,000 pounds is:
 
Annual Mileage Fee
 
3,000 miles or less $10
 
3,001 to 6,000 miles $20
 
6,001 to 9,000 miles $30
 
9,001 miles or more $40
         Sec. 502.505.  ELECTRIC VEHICLE SURCHARGE. (a)  In addition
  to other fees authorized under this chapter, at the time of
  application for registration or renewal of registration of an
  electric vehicle, the applicant shall pay a $10 surcharge.
         (b)  Each surcharge collected under this section shall be
  deposited to the credit of the general revenue fund and may be used
  only for the operations of the Texas Transportation Electrification
  Council established under Chapter 490I, Government Code.  This
  subsection expires September 1, 2030.
         Sec. 502.506.  ANNUAL FEE ADJUSTMENT. (a) On January 1 of
  each year, the department shall:
               (1)  after September 1, 2030, increase the fees
  authorized under Sections 502.503 and 502.504 as necessary to
  adjust for inflation as determined by the National Highway
  Construction Cost Index; and
               (2)  if the federal government collects a tax on an
  alternatively fueled vehicle, decrease the fees authorized under
  Sections 502.503 and 502.504 for the type of vehicle subject to the
  tax.
         (b)  A fee decreased under Subsection (a)(2) for a fee
  authorized under:
               (1)  Section 502.503 must be decreased by an amount
  equal to the amount of the tax collected by the federal government;
  and
               (2)  Section 502.504 must be decreased by an amount
  that reflects the amount of the tax reduced proportionally
  according to the miles traveled by the vehicle during the previous
  year.
         (c)  The department shall post the planned fee increases or
  decreases under Subsection (a) on the department's Internet website
  not later than November 1 of the previous year.
         Sec. 502.507.  ALLOCATION OF FEES. Except as otherwise
  provided by this subchapter, each fee and surcharge collected under
  this subchapter shall be deposited to the credit of the state
  highway fund.
         Sec. 502.508.  RULES. (a) The department shall adopt rules
  necessary to administer this subchapter.
         (b)  The Department of Public Safety, in consultation with
  the department, shall adopt rules necessary to implement Section
  502.504. A violation of a rule adopted under this subsection is
  considered to be a violation of Chapter 548 for purposes of Section
  548.405 and Subchapter I of that chapter.
         SECTION 4.  Section 548.253, Transportation Code, is amended
  to read as follows:
         Sec. 548.253.  INFORMATION TO BE SUBMITTED ON COMPLETION OF
  INSPECTION. An inspection station or inspector, on completion of
  an inspection, shall electronically submit to the department's
  inspection database:
               (1)  the vehicle identification number of the inspected
  vehicle and an indication of whether the vehicle passed the
  inspections required by this chapter; [and]
               (2)  odometer readings as required by department rule;
  and
               (3)  any additional information required by rule by the
  department for the type of vehicle inspected.
         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,
  2024.
         SECTION 6.  This Act takes effect January 1, 2022.