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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of electric vehicle charging stations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Utilities Code, is amended |
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by adding Chapter 42 to read as follows: |
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CHAPTER 42. ELECTRIC VEHICLE CHARGING |
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Sec. 42.0101. LEGISLATIVE FINDINGS. (a) The legislature |
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finds that it is in the best interests of this state to continue the |
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longstanding policy of robust competition through the free market |
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by establishing a framework designed to encourage competitive |
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private sector investment in the deployment of electric vehicle |
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charging stations. |
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(b) The legislature finds that encouraging private sector |
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investment in the deployment of electric vehicle charging stations |
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is essential to foster the rapid installation and widespread use of |
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electric vehicle charging stations on property whose owners or |
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tenants desire to make such an investment. |
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(c) The legislature finds that it is necessary to: |
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(1) implement competitively neutral policies to |
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encourage competitive private sector investment in electric |
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vehicle charging station deployment; |
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(2) develop and implement competitively neutral |
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electricity tariffs aimed at and optimized for the low-cost |
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operation of electric vehicle charging stations while ensuring |
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transparency in pricing; and |
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(3) encourage competitive private investment, |
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ownership, and operation of electric vehicle charging stations, |
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including equipment that allows for fast charging. |
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Sec. 42.0102. DEFINITIONS. In this chapter: |
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(1) "Direct-current fast charging station" means a |
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charging system capable of delivering at least 50 kilowatts of |
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direct-current electrical power to an electric vehicle's |
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rechargeable battery at a voltage of 200 volts or greater. |
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(2) "Electric vehicle" means an automobile that is |
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propelled by one or more electric motors using energy stored in the |
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form of a rechargeable battery. |
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(3) "Electric vehicle charging provider" means the |
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owner of an electric vehicle charging station. |
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(4) "Electric vehicle charging station" means any |
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level two charging station or direct-current fast charging station |
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that delivers electricity from a source outside an electric vehicle |
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into an electric vehicle and is separate and distinct from |
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make-ready infrastructure. |
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(5) "Level two charging station" means a charging |
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system capable of delivering at least 3 and not more than 50 |
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kilowatts of alternating-current electrical power to an electric |
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vehicle's rechargeable battery at a voltage of 200 volts or |
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greater. |
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(6) "Make-ready infrastructure" means the electrical |
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infrastructure required to service an electric vehicle charging |
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station's electrical load on the electric utility's or customer's |
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side of the meter. The term does not include an electric vehicle |
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charging station. |
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Sec. 42.0103. ELECTRIC UTILITIES. (a) An electric utility |
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or transmission and distribution utility: |
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(1) may not directly provide retail electricity |
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charging service from an electric vehicle charging station; |
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(2) may not include an electric vehicle charging |
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station for recovery through rates approved by the commission; |
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(3) may provide retail electricity charging service |
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from an electric vehicle charging station through a separate |
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affiliate that is: |
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(A) not subject to regulation by the commission; |
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and |
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(B) subject to prohibitions on market power |
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abuse, cross-subsidizations, and preferential treatment between |
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regulated and competitive activities described by Section |
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39.157(d); and |
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(4) consistent with the requirements of Subchapter B, |
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Chapter 38, and Section 39.157(d)(3), shall offer the same |
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nondiscriminatory rates, terms, and conditions offered to the |
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affiliate described by Subdivision (3) to other electric vehicle |
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charging providers in the utility's service area for the operation |
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of electric vehicle charging stations. |
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(b) An affiliate of an electric utility or transmission and |
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distribution utility that provides, owns, operates, or maintains |
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electric vehicle charging stations and is not subject to regulation |
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by the commission may not be subsidized by any rate or charge for |
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any regulated services provided by an electric utility or |
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transmission and distribution utility. |
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(c) This section does not prohibit an electric utility or |
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transmission and distribution utility from subsidizing the costs of |
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make-ready infrastructure through rates or charges for services |
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provided by the electric utility's or transmission and distribution |
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utility's regulated services. |
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SECTION 2. Section 42.0103(b), Utilities Code, as added by |
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this Act, applies only to a rate or charge imposed after January 1, |
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2024. |
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SECTION 3. This Act takes effect September 1, 2023. |