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A BILL TO BE ENTITLED
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AN ACT
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relating to mobile source emissions reductions and transportation |
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electrification. |
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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 490J to read as follows: |
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Sec. 490J.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. 490J.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. 490J.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, 2025. |
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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. 490J.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, including statewide planning |
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and research funds. |
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Sec. 490J.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE |
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ASSESSMENT. (a) Not later than March 1, 2024, using existing |
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databases, the council shall prepare an assessment of existing and |
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planned public electric vehicle charging infrastructure and |
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associated technologies in this state, including planned |
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infrastructure and associated technologies by private entities. |
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The assessment must include the number and types of electric |
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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 490J.005. |
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(c) This section expires September 1, 2030. |
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Sec. 490J.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 2030, that complements |
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electric vehicle charging infrastructure planned and installed |
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pursuant to the Infrastructure Investment and Jobs Act (Pub. L. |
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No. 117-58); |
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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 at highway |
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rest stops in this state; 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 close proximity to where local electric vehicle users live or |
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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 costs 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 and enhance |
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electrification of freight movement: |
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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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choices 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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(d) The council may work with state agencies and the |
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Electric Reliability Council of Texas to obtain information as |
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needed to develop or update the plan, including: |
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(1) an assessment of vehicle fleet plans for |
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electrification; |
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(2) an assessment of the costs of system upgrades to |
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serve new electric grid interconnections, giving consideration to |
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resilience, reliability, and other grid impacts; and |
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(3) detailed hosting capacity maps that enable |
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identification of preferable least-cost locations for charging |
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infrastructure that optimize existing distribution system assets. |
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Sec. 490J.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 2030. |
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Sec. 490J.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) organizations that represent the interests of |
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individuals who live near areas that have a significant amount of |
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freight traffic; |
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(10) consumer advocates; |
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(11) motor vehicle manufacturers; |
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(12) nonprofit organizations developing electric |
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vehicle policy; |
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(13) nonprofit organizations representing food or |
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motor fuel providers; |
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(14) apartment associations; |
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(15) low-income community development corporations; |
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(16) nonprofit organizations that represent |
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utilities, electric vehicle manufacturers, and charging companies; |
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and |
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(17) interested members of the public. |
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Sec. 490J.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: |
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(A) electrification organizations; and |
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(B) experts, academic scholars, and other |
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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, as defined by |
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Section 61.003, Education Code. |
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Sec. 490J.0085. INITIAL REPORT. (a) Not later than |
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December 1, 2024, 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 an initial written report |
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of the council's findings that includes: |
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(1) the assessment prepared under Section 490J.0045; |
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(2) the plan developed under Section 490J.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 490J.006. |
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(b) This section expires September 1, 2030. |
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Sec. 490J.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 490J.005; |
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(2) the biennial update to the plan required under |
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Section 490J.005(a)(2); and |
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(3) any updates to the policy recommendations |
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developed under Section 490J.006. |
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SECTION 2. Section 386.001, Health and Safety Code, is |
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amended by adding Subdivision (4) to read as follows: |
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(4) "Federal funds" means all assistance provided to |
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the commission from the federal government in the form of grants, |
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contracts, loans, loan guarantees, property, cooperative |
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agreements, interest subsidies, insurance, direct appropriations, |
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or any other method of disbursement. |
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SECTION 3. Section 386.051(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Under the plan, the commission and the comptroller shall |
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provide grants or other funding for: |
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(1) the diesel emissions reduction incentive program |
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established under Subchapter C, including for infrastructure |
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projects established under that subchapter; |
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(2) the motor vehicle purchase or lease incentive |
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program established under Subchapter D; |
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(3) the air quality research support program |
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established under Chapter 387; |
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(4) the clean school bus program established under |
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Chapter 390; |
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(5) the new technology implementation grant program |
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established under Chapter 391; |
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(6) the regional air monitoring program established |
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under Section 386.252(a); |
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(7) a health effects study as provided by Section |
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386.252(a); |
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(8) air quality planning activities as provided by |
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Section 386.252(d); |
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(9) a contract with the Energy Systems Laboratory at |
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the Texas A&M Engineering Experiment Station for computation of |
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creditable statewide emissions reductions as provided by Section |
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386.252(a); |
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(10) the Texas clean fleet program established under |
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Chapter 392; |
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(11) the Texas alternative fueling facilities program |
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established under Chapter 393; |
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(12) the Texas natural gas vehicle grant program |
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established under Chapter 394; |
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(13) other programs the commission may develop that |
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lead to reduced emissions of nitrogen oxides, particulate matter, |
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or volatile organic compounds in a nonattainment area or affected |
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county; |
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(14) other programs the commission may develop that |
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support congestion mitigation to reduce mobile source ozone |
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precursor emissions; |
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(15) the seaport and rail yard areas emissions |
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reduction program established under Subchapter D-1, including the |
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grant program established under Section 386.184; |
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(16) conducting research and other activities |
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associated with making any necessary demonstrations to the United |
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States Environmental Protection Agency to account for the impact of |
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foreign emissions or an exceptional event; |
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(17) studies of or pilot programs for incentives for |
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port authorities located in nonattainment areas or affected |
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counties as provided by Section 386.252(a); |
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(18) the governmental alternative fuel fleet grant |
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program established under Chapter 395; and |
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(19) remittance of funds to the state highway fund for |
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use by the Texas Department of Transportation for congestion |
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mitigation and air quality improvement projects in nonattainment |
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areas and affected counties. |
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SECTION 4. Section 386.152, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 386.152. APPLICABILITY. (a) The provisions of this |
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subchapter relating to a lessee do not apply to a person who rents |
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or leases a light-duty motor vehicle for a term of 30 days or less. |
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(b) The provisions of this subchapter relating to a lessor |
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do not apply to a person who rents or leases a light-duty motor |
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vehicle to a person for a term of 30 days or less. |
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SECTION 5. Section 386.153, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsection (e) to |
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read as follows: |
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(c) Only one incentive will be provided for each new |
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light-duty motor vehicle. The incentive shall be provided to the |
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seller or lessor of the vehicle. The seller or lessor shall credit |
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the amount of the incentive to the purchaser or lessee at the time |
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the sale is made or the lease is entered into. The incentive may not |
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[shall] be provided to a seller [the lessee and not to the |
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purchaser] if the motor vehicle is sold [purchased] for the purpose |
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of leasing the vehicle to another person. |
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(e) The commission shall establish a registration program |
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for sellers and lessors of new motor vehicles to apply online and |
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receive incentives under this subchapter. The commission shall |
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promptly pay the incentives when authorized under the registration |
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program established by this subsection. |
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SECTION 6. Section 386.154, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (d) and adding |
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Subsections (f) and (g) to read as follows: |
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(a) A new light-duty motor vehicle powered by compressed |
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natural gas or liquefied petroleum gas is eligible for a $5,000 |
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incentive if the vehicle: |
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(1) has four wheels; |
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(2) was originally manufactured to comply with and has |
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been certified by an original equipment manufacturer or |
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intermediate or final state vehicle manufacturer as complying with, |
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or has been altered to comply with, federal motor vehicle safety |
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standards, state emissions regulations, and any additional federal |
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or state regulations applicable to vehicles powered by compressed |
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natural gas or liquefied petroleum gas; |
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(3) was manufactured for use primarily on public |
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streets, roads, and highways; |
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(4) has a dedicated or bi-fuel compressed natural gas |
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or liquefied petroleum gas fuel system: |
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(A) installed prior to first sale or within 500 |
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miles of operation of the vehicle following first sale; and |
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(B) with a range of at least 125 miles as |
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estimated, published, and updated by the United States |
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Environmental Protection Agency; |
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(5) has, as applicable, a: |
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(A) compressed natural gas fuel system that |
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complies with the: |
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(i) 2013 NFPA 52 Vehicular Gaseous Fuel |
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Systems Code; and |
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(ii) American National Standard for Basic |
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Requirements for Compressed Natural Gas Vehicle (NGV) Fuel |
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Containers, commonly cited as "ANSI/CSA NGV2"; or |
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(B) liquefied petroleum gas fuel system that |
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complies with: |
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(i) the 2011 NFPA 58 Liquefied Petroleum |
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Gas Code; and |
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(ii) Section VII of the 2013 ASME Boiler and |
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Pressure Vessel Code; and |
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(6) was sold or leased [acquired] on or after |
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September 1, 2013, or a later date established by the commission, by |
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the seller or lessor [person] applying for the incentive under this |
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subsection and for use or lease by the purchaser or lessee of the |
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vehicle [that person] and not for resale. |
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(b) If the commission determines that an updated version of |
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a code or standard described by Subsection (a)(5) is more stringent |
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than the version of the code or standard described by Subsection |
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(a)(5), the commission by rule may provide that a vehicle for which |
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a seller or lessor [person] applies for an incentive under |
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Subsection (a) is eligible for the incentive only if the vehicle |
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complies with the updated version of the code or standard. |
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(d) A new light-duty motor vehicle powered by an electric |
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drive is eligible for a $2,500 incentive if the total |
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consideration, as defined by Section 152.002, Tax Code, of the |
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vehicle is less than $55,000 and the vehicle: |
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(1) has four wheels; |
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(2) was manufactured for use primarily on public |
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streets, roads, and highways; |
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(3) has not been modified from the original |
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manufacturer's specifications; |
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(4) has a maximum speed capability of at least 55 miles |
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per hour; |
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(5) is propelled to a significant extent by an |
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electric motor that draws electricity from a hydrogen fuel cell or |
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from a battery that: |
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(A) has a capacity of not less than four kilowatt |
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hours; and |
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(B) is capable of being recharged from an |
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external source of electricity; [and] |
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(6) is not designed, used, or maintained primarily to |
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transport property; and |
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(7) was sold or leased [acquired] on or after |
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September 1, 2013, or a later date as established by the commission, |
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by the seller or lessor [person] applying for the incentive under |
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this subsection and for use or lease by the purchaser or lessee of |
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the vehicle [that person] and not for resale. |
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(f) A new light-duty motor vehicle powered by an electric |
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drive is eligible for a $4,000 incentive if the vehicle: |
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(1) has four wheels; |
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(2) was manufactured for use primarily on public |
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streets, roads, and highways; |
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(3) has not been modified from the original |
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manufacturer's specifications; |
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(4) has a maximum speed capability of at least 55 miles |
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per hour; |
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(5) is propelled solely by an electric motor that |
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draws electricity from a battery that: |
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(A) has a capacity of not less than four kilowatt |
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hours; and |
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(B) is capable of being recharged from an |
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external source of electricity; |
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(6) is designed, used, or maintained primarily to |
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transport property; and |
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(7) was sold or leased on or after September 1, 2024, |
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or a later date as established by the commission, by the seller or |
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lessor applying for the incentive under this subsection and for use |
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or lease by the purchaser or lessee of the vehicle and not for |
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resale. |
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(g) Notwithstanding Subsections (c) and (e), and subject to |
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Section 386.252(a)(11), at the beginning of the second state fiscal |
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year of the biennium, the commission shall adjust the initial |
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vehicle limitations provided under Subsections (c) and (e) based on |
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demand for incentives under this section during the preceding state |
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fiscal year. |
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SECTION 7. Sections 386.157(a) and (c), Health and Safety |
|
Code, are amended to read as follows: |
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(a) A seller or lessor of [person who purchases or leases] a |
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new light-duty motor vehicle described by Section 386.154 and |
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listed under Section 386.156(a) is eligible to apply for an |
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incentive under this subchapter. |
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(c) To receive money under an incentive program provided by |
|
this subchapter, the seller or lessor of a light-duty motor vehicle |
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shall verify online that funds are available, that the seller or |
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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 |
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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 |
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charge an electric vehicle to reduce peak demand for electricity |
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and reduce air emissions [shall apply for the incentive in the |
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manner provided by law or by rule of the commission]. |
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SECTION 8. Section 386.158, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 386.158. COMMISSION TO ACCOUNT FOR MOTOR VEHICLE |
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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]. |
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(b) The commission shall develop and publish online forms |
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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.] |
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(c) The commission may require the online submission of |
|
forms and documentation as needed to verify eligibility for an |
|
incentive under this subchapter. |
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SECTION 9. Section 386.159, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 386.159. PURCHASE OR LEASE INCENTIVES ONLINE PORTAL |
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[INFORMATION]. [(a)] The commission shall establish an online |
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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. |
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[(b) Reliance by a dealer or leasing agent on information |
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provided by the commission is a complete defense to an action |
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involving or based on eligibility of a vehicle for an incentive or |
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availability of vehicles eligible for an incentive.] |
|
SECTION 10. Section 386.160, Health and Safety Code, is |
|
amended to read as follows: |
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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. |