By: Canales H.B. No. 2191
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to mobile source emissions reductions and transportation
  electrification.
         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, including statewide planning
  and research funds.
         Sec. 490J.0045.  ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
  ASSESSMENT. (a)  Not later than March 1, 2024, using existing
  databases, the council shall prepare an assessment of existing and
  planned public electric vehicle charging infrastructure and
  associated technologies in this state, including planned
  infrastructure and associated technologies by private entities.
  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, 2030.
         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 2030, that complements
  electric vehicle charging infrastructure planned and installed
  pursuant to the Infrastructure Investment and Jobs Act (Pub. L.
  No. 117-58);
               (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 at highway
  rest stops in this state; 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 close 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 costs and lower
  emissions from heavy duty trucking and delivery services;
                     (E)  ensures adequate public electric vehicle
  charging capacity to facilitate commerce and enhance
  electrification of freight movement:
                           (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
  choices 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.
         (d)  The council may work with state agencies and the
  Electric Reliability Council of Texas to obtain information as
  needed to develop or update the plan, including:
               (1)  an assessment of vehicle fleet plans for
  electrification;
               (2)  an assessment of the costs of system upgrades to
  serve new electric grid interconnections, giving consideration to
  resilience, reliability, and other grid impacts; and
               (3)  detailed hosting capacity maps that enable
  identification of preferable least-cost locations for charging
  infrastructure that optimize existing distribution system assets.
         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 2030.
         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)  organizations that represent the interests of
  individuals who live near areas that have a significant amount of
  freight traffic;
               (10)  consumer advocates;
               (11)  motor vehicle manufacturers;
               (12)  nonprofit organizations developing electric
  vehicle policy;
               (13)  nonprofit organizations representing food or
  motor fuel providers;
               (14)  apartment associations;
               (15)  low-income community development corporations;
               (16)  nonprofit organizations that represent
  utilities, electric vehicle manufacturers, and charging companies;
  and
               (17)  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:
                     (A)  electrification organizations; and
                     (B)  experts, academic scholars, and other
  appropriate professionals; and
               (2)  consult with the Texas A&M Transportation
  Institute and institutions of higher education, as defined by
  Section 61.003, Education Code.
         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 an initial 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; and
               (3)  the policy recommendations developed under
  Section 490J.006.
         (b)  This section expires September 1, 2030.
         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.
         SECTION 2.  Section 386.001, Health and Safety Code, is
  amended by adding Subdivision (4) to read as follows:
               (4)  "Federal funds" means all assistance provided to
  the commission from the federal government in the form of grants,
  contracts, loans, loan guarantees, property, cooperative
  agreements, interest subsidies, insurance, direct appropriations,
  or any other method of disbursement.
         SECTION 3.  Section 386.051(b), Health and Safety Code, is
  amended to read as follows:
         (b)  Under the plan, the commission and the comptroller shall
  provide grants or other funding for:
               (1)  the diesel emissions reduction incentive program
  established under Subchapter C, including for infrastructure
  projects established under that subchapter;
               (2)  the motor vehicle purchase or lease incentive
  program established under Subchapter D;
               (3)  the air quality research support program
  established under Chapter 387;
               (4)  the clean school bus program established under
  Chapter 390;
               (5)  the new technology implementation grant program
  established under Chapter 391;
               (6)  the regional air monitoring program established
  under Section 386.252(a);
               (7)  a health effects study as provided by Section
  386.252(a);
               (8)  air quality planning activities as provided by
  Section 386.252(d);
               (9)  a contract with the Energy Systems Laboratory at
  the Texas A&M Engineering Experiment Station for computation of
  creditable statewide emissions reductions as provided by Section
  386.252(a);
               (10)  the Texas clean fleet program established under
  Chapter 392;
               (11)  the Texas alternative fueling facilities program
  established under Chapter 393;
               (12)  the Texas natural gas vehicle grant program
  established under Chapter 394;
               (13)  other programs the commission may develop that
  lead to reduced emissions of nitrogen oxides, particulate matter,
  or volatile organic compounds in a nonattainment area or affected
  county;
               (14)  other programs the commission may develop that
  support congestion mitigation to reduce mobile source ozone
  precursor emissions;
               (15)  the seaport and rail yard areas emissions
  reduction program established under Subchapter D-1, including the
  grant program established under Section 386.184;
               (16)  conducting research and other activities
  associated with making any necessary demonstrations to the United
  States Environmental Protection Agency to account for the impact of
  foreign emissions or an exceptional event;
               (17)  studies of or pilot programs for incentives for
  port authorities located in nonattainment areas or affected
  counties as provided by Section 386.252(a);
               (18)  the governmental alternative fuel fleet grant
  program established under Chapter 395; and
               (19)  remittance of funds to the state highway fund for
  use by the Texas Department of Transportation for congestion
  mitigation and air quality improvement projects in nonattainment
  areas and affected counties.
         SECTION 4.  Section 386.152, Health and Safety Code, is
  amended to read as follows:
         Sec. 386.152.  APPLICABILITY. (a) The provisions of this
  subchapter relating to a lessee do not apply to a person who rents
  or leases a light-duty motor vehicle for a term of 30 days or less.
         (b)  The provisions of this subchapter relating to a lessor
  do not apply to a person who rents or leases a light-duty motor
  vehicle to a person for a term of 30 days or less.
         SECTION 5.  Section 386.153, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsection (e) to
  read as follows:
         (c)  Only one incentive will be provided for each new
  light-duty motor vehicle. The incentive shall be provided to the
  seller or lessor of the vehicle. The seller or lessor shall credit
  the amount of the incentive to the purchaser or lessee at the time
  the sale is made or the lease is entered into. The incentive may not
  [shall] be provided to a seller [the lessee and not to the
  purchaser] if the motor vehicle is sold [purchased] for the purpose
  of leasing the vehicle to another person.
         (e)  The commission shall establish a registration program
  for sellers and lessors of new motor vehicles to apply online and
  receive incentives under this subchapter. The commission shall
  promptly pay the incentives when authorized under the registration
  program established by this subsection.
         SECTION 6.  Section 386.154, Health and Safety Code, is
  amended by amending Subsections (a), (b), and (d) and adding
  Subsections (f) and (g) to read as follows:
         (a)  A new light-duty motor vehicle powered by compressed
  natural gas or liquefied petroleum gas is eligible for a $5,000
  incentive if the vehicle:
               (1)  has four wheels;
               (2)  was originally manufactured to comply with and has
  been certified by an original equipment manufacturer or
  intermediate or final state vehicle manufacturer as complying with,
  or has been altered to comply with, federal motor vehicle safety
  standards, state emissions regulations, and any additional federal
  or state regulations applicable to vehicles powered by compressed
  natural gas or liquefied petroleum gas;
               (3)  was manufactured for use primarily on public
  streets, roads, and highways;
               (4)  has a dedicated or bi-fuel compressed natural gas
  or liquefied petroleum gas fuel system:
                     (A)  installed prior to first sale or within 500
  miles of operation of the vehicle following first sale; and
                     (B)  with a range of at least 125 miles as
  estimated, published, and updated by the United States
  Environmental Protection Agency;
               (5)  has, as applicable, a:
                     (A)  compressed natural gas fuel system that
  complies with the:
                           (i)  2013 NFPA 52 Vehicular Gaseous Fuel
  Systems Code; and
                           (ii)  American National Standard for Basic
  Requirements for Compressed Natural Gas Vehicle (NGV) Fuel
  Containers, commonly cited as "ANSI/CSA NGV2"; or
                     (B)  liquefied petroleum gas fuel system that
  complies with:
                           (i)  the 2011 NFPA 58 Liquefied Petroleum
  Gas Code; and
                           (ii)  Section VII of the 2013 ASME Boiler and
  Pressure Vessel Code; and
               (6)  was sold or leased [acquired] on or after
  September 1, 2013, or a later date established by the commission, by
  the seller or lessor [person] applying for the incentive under this
  subsection and for use or lease by the purchaser or lessee of the
  vehicle [that person] and not for resale.
         (b)  If the commission determines that an updated version of
  a code or standard described by Subsection (a)(5) is more stringent
  than the version of the code or standard described by Subsection
  (a)(5), the commission by rule may provide that a vehicle for which
  a seller or lessor [person] applies for an incentive under
  Subsection (a) is eligible for the incentive only if the vehicle
  complies with the updated version of the code or standard.
         (d)  A new light-duty motor vehicle powered by an electric
  drive is eligible for a $2,500 incentive if the total
  consideration, as defined by Section 152.002, Tax Code, of the
  vehicle is less than $55,000 and the vehicle:
               (1)  has four wheels;
               (2)  was manufactured for use primarily on public
  streets, roads, and highways;
               (3)  has not been modified from the original
  manufacturer's specifications;
               (4)  has a maximum speed capability of at least 55 miles
  per hour;
               (5)  is propelled to a significant extent by an
  electric motor that draws electricity from a hydrogen fuel cell or
  from a battery that:
                     (A)  has a capacity of not less than four kilowatt
  hours; and
                     (B)  is capable of being recharged from an
  external source of electricity; [and]
               (6)  is not designed, used, or maintained primarily to
  transport property; and
               (7)  was sold or leased [acquired] on or after
  September 1, 2013, or a later date as established by the commission,
  by the seller or lessor [person] applying for the incentive under
  this subsection and for use or lease by the purchaser or lessee of
  the vehicle [that person] and not for resale.
         (f)  A new light-duty motor vehicle powered by an electric
  drive is eligible for a $4,000 incentive if the vehicle:
               (1)  has four wheels;
               (2)  was manufactured for use primarily on public
  streets, roads, and highways;
               (3)  has not been modified from the original
  manufacturer's specifications;
               (4)  has a maximum speed capability of at least 55 miles
  per hour;
               (5)  is propelled solely by an electric motor that
  draws electricity from a battery that:
                     (A)  has a capacity of not less than four kilowatt
  hours; and
                     (B)  is capable of being recharged from an
  external source of electricity;
               (6)  is designed, used, or maintained primarily to
  transport property; and
               (7)  was sold or leased on or after September 1, 2024,
  or a later date as established by the commission, by the seller or
  lessor applying for the incentive under this subsection and for use
  or lease by the purchaser or lessee of the vehicle and not for
  resale.
         (g)  Notwithstanding Subsections (c) and (e), and subject to
  Section 386.252(a)(11), at the beginning of the second state fiscal
  year of the biennium, the commission shall adjust the initial
  vehicle limitations provided under Subsections (c) and (e) based on
  demand for incentives under this section during the preceding state
  fiscal year.
         SECTION 7.  Sections 386.157(a) and (c), Health and Safety
  Code, are amended to read as follows:
         (a)  A seller or lessor of [person who purchases or leases] a
  new light-duty motor vehicle described by Section 386.154 and
  listed under Section 386.156(a) is eligible to apply for an
  incentive under this subchapter.
         (c)  To receive money under an incentive program provided by
  this subchapter, the seller or lessor of a light-duty motor vehicle
  shall verify online that funds are available, that the seller or
  lessor is eligible [the purchaser or lessee of a new light-duty
  motor vehicle who is eligible to apply] for an incentive under this
  subchapter, and if the incentive is for a vehicle described by
  Section 386.154(d) or (f), that the purchaser or lessee of the
  vehicle has watched an online video that explains how and when to
  charge an electric vehicle to reduce peak demand for electricity
  and reduce air emissions [shall apply for the incentive in the
  manner provided by law or by rule of the commission].
         SECTION 8.  Section 386.158, Health and Safety Code, is
  amended to read as follows:
         Sec. 386.158.  COMMISSION TO ACCOUNT FOR MOTOR VEHICLE
  PURCHASE OR LEASE INCENTIVES. (a)  The commission by rule shall
  develop a method to administer and account for the motor vehicle
  purchase or lease incentives authorized by this subchapter and to
  pay incentive money to the seller [purchaser] or lessor [lessee] of
  a new motor vehicle[, on application of the purchaser or lessee as
  provided by this subchapter].
         (b)  The commission shall develop and publish online forms
  and instructions for the seller [purchaser] or lessor [lessee] of a
  new motor vehicle to use in applying to the commission for an
  incentive payment under this subchapter. [The commission shall
  make the forms available to new motor vehicle dealers and leasing
  agents. Dealers and leasing agents shall make the forms available
  to their prospective purchasers or lessees.]
         (c)  The commission may require the online submission of
  forms and documentation as needed to verify eligibility for an
  incentive under this subchapter.
         SECTION 9.  Section 386.159, Health and Safety Code, is
  amended to read as follows:
         Sec. 386.159.  PURCHASE OR LEASE INCENTIVES ONLINE PORTAL
  [INFORMATION]. [(a)]  The commission shall establish an online
  portal [a toll-free telephone number available to motor vehicle
  dealers and leasing agents for the dealers and agents to call] to
  verify that incentives are available. [The commission may provide
  for issuing verification numbers over the telephone line.
         [(b)  Reliance by a dealer or leasing agent on information
  provided by the commission is a complete defense to an action
  involving or based on eligibility of a vehicle for an incentive or
  availability of vehicles eligible for an incentive.]
         SECTION 10.  Section 386.160, Health and Safety Code, is
  amended to read as follows:
         Sec. 386.160.  RESERVATION OF INCENTIVES. The commission
  may provide for new motor vehicle sellers [dealers] and leasing
  agents to reserve for a limited time period incentives for eligible
  vehicles [that are not readily available and must be ordered,] if
  the seller [dealer] or leasing agent has a purchase or lease order
  signed by an identified customer.
         SECTION 11.  Section 386.181(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The commission may include more specific definitions in
  the rules or guidelines developed to implement the programs
  [program] established by this subchapter in order to reduce
  emissions in and around seaports in a nonattainment area.
         SECTION 12.  Subchapter D-1, Chapter 386, Health and Safety
  Code, is amended by adding Section 386.184 to read as follows:
         Sec. 386.184. GRANT PROGRAM FOR ALTERNATIVELY FUELED DRAYAGE
  TRUCK OR CARGO HANDLING EQUIPMENT INFRASTRUCTURE PROJECTS. (a)  
  The commission shall establish and administer a grant program to
  encourage the purchase, construction, and installation of
  infrastructure needed to support the use of drayage trucks that are
  or cargo handling equipment that is powered by an alternative fuel,
  as defined by Section 393.001.
         (b)  A grant awarded under the program established by this
  section may not exceed more than 80 percent of the estimated
  purchase, construction, and installation costs of the
  infrastructure project, provided that the commission may establish
  a reasonable maximum amount of a grant awarded per infrastructure
  project as needed.
         SECTION 13.  Sections 386.250(b) and (c), Health and Safety
  Code, are amended to read as follows:
         (b)  The fund consists of:
               (1)  the amount of money deposited to the credit of the
  fund under:
                     (A)  Section 386.056;
                     (B)  Sections 151.0515 and 152.0215, Tax Code; and
                     (C)  Sections 501.138, 502.358, and 548.5055,
  Transportation Code; [and]
               (2)  grant money recaptured under Section 386.111(d)
  and Chapter 391; and
               (3)  federal funds deposited to the credit of the fund.
         (c)  Not later than the 30th day after the last day of each
  state fiscal biennium, the commission shall transfer the
  unencumbered balance of the fund remaining on the last day of the
  state fiscal biennium to the credit of the state highway fund for
  use by the Texas Department of Transportation for projects
  described by Section 386.051(b)(19). This subsection does not
  apply to federal funds deposited to the credit of the fund.
         SECTION 14.  Section 386.252, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (i) to
  read as follows:
         (a)  Money in the fund and account may be used only to
  implement and administer programs established under the plan.
  Subject to the reallocation of funds by the commission under
  Subsection (h) and after remittance to the state highway fund under
  Subsection (a-1), money from the fund and account to be used for the
  programs under Section 386.051(b) shall initially be allocated as
  follows:
               (1)  four percent may be used for the clean school bus
  program under Chapter 390;
               (2)  three percent may be used for the new technology
  implementation grant program under Chapter 391, from which at least
  $1 million will be set aside for electricity storage projects
  related to renewable energy;
               (3)  five percent may be used for the Texas clean fleet
  program under Chapter 392;
               (4)  not more than $3 million may be used by the
  commission to fund a regional air monitoring program in commission
  Regions 3 and 4 to be implemented under the commission's oversight,
  including direction regarding the type, number, location, and
  operation of, and data validation practices for, monitors funded by
  the program through a regional nonprofit entity located in North
  Texas having representation from counties, municipalities, higher
  education institutions, and private sector interests across the
  area;
               (5)  10 percent may be used for the Texas natural gas
  vehicle grant program under Chapter 394;
               (6)  eight percent [not more than $6 million] may be
  used for the Texas alternative fueling facilities program under
  Chapter 393[, of which a specified amount may be used for fueling
  stations to provide natural gas fuel, except that money may not be
  allocated for the Texas alternative fueling facilities program for
  the state fiscal year ending August 31, 2019];
               (7)  not more than $750,000 may be used each year to
  support research related to air quality as provided by Chapter 387;
               (8)  not more than $200,000 may be used for a health
  effects study;
               (9)  at least $6 million but not more than $16 million
  may be used by the commission for administrative costs, including
  all direct and indirect costs for administering the plan, costs for
  conducting outreach and education activities, and costs
  attributable to the review or approval of applications for
  marketable emissions reduction credits;
               (10)  six percent may be used by the commission for the
  seaport and rail yard areas emissions reduction program established
  under Subchapter D-1, including the grant program established under
  Section 386.184;
               (11)  five percent may be used for the light-duty motor
  vehicle purchase or lease incentive program established under
  Subchapter D;
               (12)  not more than $216,000 may be used by the
  commission to contract with the Energy Systems Laboratory at the
  Texas A&M Engineering Experiment Station annually for the
  development and annual computation of creditable statewide
  emissions reductions obtained through wind and other renewable
  energy resources for the state implementation plan;
               (13)  not more than $500,000 may be used for studies of
  or pilot programs for incentives for port authorities located in
  nonattainment areas or affected counties to encourage cargo
  movement that reduces emissions of nitrogen oxides and particulate
  matter; and
               (14)  the balance is to be used by the commission for
  the diesel emissions reduction incentive program under Subchapter C
  as determined by the commission.
         (i)  Notwithstanding any other law, federal funds deposited
  to the credit of the fund may be used only as provided by the terms
  of the applicable federal funds agreement.
         SECTION 15.  Section 393.006(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Grants awarded under this chapter for a facility to
  provide alternative fuels other than natural gas may not exceed
  [the lesser of:
               [(1)]  50 percent of the sum of the actual eligible
  costs incurred by the grant recipient within deadlines established
  by the commission[; or
               [(2)  $600,000].
         SECTION 16.  Subtitle A, Title 14, Occupations Code, is
  amended by adding Chapter 2311 to read as follows:
  CHAPTER 2311. ELECTRIC VEHICLE SUPPLY EQUIPMENT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 2311.0101.  DEFINITIONS. In this chapter:
               (1)  "Commercial transaction" means any sale or
  exchange for compensation of electrical energy through a digital
  network.
               (2)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (3)  "Department" means the Texas Department of
  Licensing and Regulation.
               (4)  "Digital network" means an online-enabled
  application, website, or system offered or used by an electric
  vehicle charging provider that allows a user to initiate a
  commercial transaction to dispense electrical energy from electric
  vehicle supply equipment to an electric vehicle.
               (5)  "Electric vehicle supply equipment" means a device
  or equipment used to dispense electrical energy to an electric
  vehicle.
               (6)  "Electric vehicle supply provider" means an owner
  or operator of electric vehicle supply equipment that is available
  and accessible to the public to provide electrical energy through a
  commercial transaction.
  SUBCHAPTER B. POWERS AND DUTIES
         Sec. 2311.0201.  RULES.  The commission shall adopt rules as
  necessary to implement this chapter.
         Sec. 2311.0202.  FEES. The commission by rule shall set fees
  in amounts sufficient to cover the costs of administering this
  chapter.
         Sec. 2311.0203.  CONTRACT. The department may contract to
  perform the department's duties related to electric vehicle supply
  equipment, including inspections. A reference in this chapter to
  the commission or department in the context of a contracted service
  means the contractor.
         Sec. 2311.0204.  INSPECTION OF ELECTRIC VEHICLE SUPPLY
  EQUIPMENT. The department may periodically, or in response to a
  complaint, conduct an inspection of electric vehicle supply
  equipment in order to verify compliance with registration
  requirements and standards established in this chapter and
  commission rules, unless electric vehicle supply equipment is
  exempt from the application of this chapter by commission rule.
         Sec. 2311.0205.  COMPLAINTS REGARDING ELECTRIC VEHICLE
  SUPPLY EQUIPMENT. In accordance with Chapter 51, the executive
  director of the department shall establish methods by which
  consumers are notified of the name, Internet website address,
  mailing address, and telephone number of the department for the
  purpose of directing complaints to the department.
         Sec. 2311.0206.  EXEMPTIONS. (a)  The commission by rule may
  exempt electric vehicle supply equipment from a requirement
  established by this chapter if the commission determines that
  imposing or enforcing the requirement:
               (1)  is not cost-effective for the department;
               (2)  is not feasible with current resources or
  standards; or
               (3)  will not substantially benefit or protect
  consumers.
         (b)  Electric vehicle supply equipment is exempt from the
  requirements of this chapter if, in accordance with commission
  rule, the electric vehicle supply equipment is:
               (1)  installed in or adjacent to a private residence
  for noncommercial use; or
               (2)  provided at no charge for the exclusive use of an
  individual, or a group of individuals, including employees,
  tenants, visitors, or residents of a multiunit housing or office
  development.
  SUBCHAPTER C. OPERATION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT
         Sec. 2311.0301.  DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER.  
  Unless electric vehicle supply equipment is exempt from the
  application of this chapter or has been removed from service, an
  electric vehicle supply provider shall:
               (1)  have electric vehicle supply equipment inspected
  as prescribed by commission rule; and
               (2)  maintain electric vehicle supply equipment in
  compliance with maintenance specifications, this chapter, and
  commission rule.
         Sec. 2311.0302.  REQUIRED REGISTRATION.  (a)  Unless
  electric vehicle supply equipment is exempt from the application of
  this chapter by commission rule, an electric vehicle supply
  provider shall register each charging unit of electric vehicle
  supply equipment operated by the provider with the department
  before the electric vehicle supply equipment is made available for
  use on a digital network for a commercial transaction.
         (b)  The department shall issue a registration to each
  applicant that meets the requirements of this chapter and submits
  an application that meets the requirements of this section. An
  application for electric vehicle supply equipment registration
  must:
               (1)  be submitted to the department in a manner
  prescribed by the department;
               (2)  be accompanied by any other document or form
  required by the department;
               (3)  include any fee required under Section 2311.0202;
  and
               (4)  include documentation of compliance with Section
  2311.0303, as prescribed by commission rule.
         (c)  A registration under this section is valid for one or
  two years as established by commission rule. The registration must
  be renewed at or before the end of each registration period.
         Sec. 2311.0303.  SPECIFICATIONS. (a)  Specifications for
  the installation and operation of electric vehicle supply equipment
  must be the same as those adopted by the National Institute of
  Standards and Technology.
         (b)  Electric vehicle supply equipment must be installed and
  operated in accordance with Chapter 1305.
         (c)  The commission may adopt rules as necessary to establish
  standards under this chapter.
         Sec. 2311.0304.  FEES; DISCLOSURES.  (a)  An electric
  vehicle supply provider shall disclose on the indicating element of
  the electric vehicle supply equipment or on the electric vehicle
  supply provider's digital network:
               (1)  the fee calculation method or methods; and
               (2)  applicable surcharges.
         (b)  Before the user begins charging, the electric vehicle
  supply provider shall disclose:
               (1)  the rate the user will be charged at the time of
  the transaction based on the available fee calculation method or
  methods; and
               (2)  a list of applicable surcharges.
         (c)  In accordance with commission rule, an electric vehicle
  supply provider shall show on the indicating element of the
  provider's electric vehicle supply equipment or on the provider's
  digital network a notice to consumers that:
               (1)  states that the department regulates electric
  vehicle supply equipment; and
               (2)  provides information on filing a complaint with
  the department about electric vehicle supply equipment.
         Sec. 2311.0305.  ELECTRONIC RECEIPT. After a reasonable
  period following the completion of a commercial transaction for
  electric vehicle charging, on request of a user, the electric
  vehicle supply provider shall transmit an electronic summary that
  includes:
               (1)  the date and time of the transaction;
               (2)  the physical location of the electric vehicle
  supply equipment;
               (3)  the duration of and kilowatt hours provided during
  the transaction; and
               (4)  an itemization of the total fees paid, including
  surcharges, if applicable.
         Sec. 2311.0306.  REPAIR OF DAMAGED ELECTRIC VEHICLE SUPPLY
  EQUIPMENT. (a)  An electric vehicle supply provider shall:
               (1)  remove from operation in a manner that prevents
  use and access by the public, in accordance with commission rules,
  electric vehicle supply equipment that poses a safety risk; and
               (2)  remove electric vehicle supply equipment that
  poses a safety risk from the electric vehicle supply provider's
  digital network listing of available charging units.
         (b)  If the department determines that electric vehicle
  supply equipment poses a safety risk, the department shall place a
  tag or other mark with the words "Out of Order" on the electric
  vehicle supply equipment.
         (c)  An electric vehicle supply provider may not return
  electric vehicle supply equipment to operation until the equipment
  has been repaired in accordance with manufacturer specifications
  and commission rule.
  SUBCHAPTER D. ENFORCEMENT
         Sec. 2311.0401.  DISCIPLINARY ACTION. A person is subject
  to the denial of an application, imposition of an administrative
  penalty under Subchapter F, Chapter 51, or disciplinary action
  under Section 51.353 if the person engages in a commercial
  transaction in violation of this chapter or a rule adopted under
  this chapter.
         Sec. 2311.0402.  ADMINISTRATIVE PROCEDURES. A proceeding
  for the denial of a registration or a disciplinary action or an
  appeal from that proceeding is governed by Chapter 2001, Government
  Code.
         SECTION 17.  (a) The Texas Commission of Licensing and
  Regulation shall adopt rules necessary to implement the changes in
  law made by this Act not later than December 1, 2024.
         (b)  Notwithstanding any other provision of this Act,
  electric vehicle supply equipment installed before December 31,
  2023, is exempt from the requirements of Section 2311.0303,
  Occupations Code, as added by this Act, until the fifth anniversary
  of the date the rules described by Subsection (a) of this section
  are adopted.
         SECTION 18.  (a) The Texas Department of Licensing and
  Regulation may establish and lead a stakeholder work group to
  provide input, advice, and recommendations on the activities under
  this Act. The Texas Department of Licensing and Regulation shall
  establish the size, composition, and scope of the stakeholder work
  group.
         (b)  This section expires on December 1, 2024.
         SECTION 19.  (a) An electric vehicle supply provider shall
  register all of the provider's electric vehicle supply equipment in
  operation in this state not later than March 1, 2025.
         (b)  Electric vehicle supply equipment installed in this
  state before the effective date of this Act must be operated in
  compliance with manufacturer specifications, Chapter 2311,
  Occupations Code, as added by this Act, and Texas Commission of
  Licensing and Regulation rules not later than March 1, 2028.
         (c)  Electric vehicle supply equipment installed on or after
  September 1, 2023, and before March 1, 2025, must be operated in
  compliance with manufacturer specifications, Chapter 2311,
  Occupations Code, as added by this Act, and Texas Commission of
  Licensing and Regulation rules not later than March 1, 2025.
         (d)  Electric vehicle supply equipment installed on or after
  March 1, 2025, must be operated in compliance with manufacturer
  specifications, Chapter 2311, Occupations Code, as added by this
  Act, and Texas Commission of Licensing and Regulation rules, and be
  registered with the Texas Department of Licensing and Regulation
  prior to operation.
         SECTION 20.  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 21.  The changes in law made by this Act to
  Subchapter D, Chapter 386, Health and Safety Code, apply only to an
  incentive awarded on or after September 1, 2024. An incentive
  awarded before September 1, 2024, is governed by the law in effect
  on the date the award was made, and the former law is continued in
  effect for that purpose.
         SECTION 22.  The change in law made by this Act to Section
  393.006, Health and Safety Code, applies only to a grant awarded on
  or after September 1, 2023. A grant awarded before September 1,
  2023, is governed by the law in effect on the date the award was
  made, and the former law is continued in effect for that purpose.
         SECTION 23.  (a) Except as provided by Subsection (b), this
  Act takes effect September 1, 2023.
         (b)  Section 21 of this Act and the changes in law made by
  this Act to Subchapter D, Chapter 386, Health and Safety Code, other
  than Section 386.154(g), take effect September 1, 2024.