Bill Text: TX HB2221 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to mobile source emissions reductions and transportation electrification; authorizing a surcharge.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Introduced - Dead) 2021-04-29 - Committee report sent to Calendars [HB2221 Detail]
Download: Texas-2021-HB2221-Comm_Sub.html
87R19563 JRR-F | |||
By: Canales | H.B. No. 2221 | ||
Substitute the following for H.B. No. 2221: | |||
By: Paddie | C.S.H.B. No. 2221 |
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relating to mobile source emissions reductions and transportation | ||
electrification; authorizing a surcharge. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 4, Government Code, is amended | ||
by adding Chapter 490I to read as follows: | ||
CHAPTER 490I. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL | ||
Sec. 490I.001. DEFINITION. In this chapter, "council" | ||
means the Texas Transportation Electrification Council established | ||
by this chapter. | ||
Sec. 490I.002. ESTABLISHMENT; COMPOSITION. (a) The Texas | ||
Transportation Electrification Council is established. | ||
(b) The council is composed of the chair of, or if not | ||
applicable, the administrative head of or a senior-level designee | ||
from, each of the following entities: | ||
(1) the Public Utility Commission of Texas; | ||
(2) the Electric Reliability Council of Texas; | ||
(3) the Texas Commission on Environmental Quality; | ||
(4) the State Energy Conservation Office; | ||
(5) the Texas Department of Licensing and Regulation; | ||
(6) the Texas Department of Transportation; | ||
(7) the Texas Department of Motor Vehicles; | ||
(8) the Texas Department of Housing and Community | ||
Affairs; | ||
(9) the Texas State Affordable Housing Corporation; | ||
(10) the Texas Division of Emergency Management; and | ||
(11) the Texas Economic Development and Tourism | ||
Office. | ||
Sec. 490I.003. PRESIDING OFFICER; MEETINGS. (a) The | ||
council annually shall elect one member to serve as the presiding | ||
officer of the council. | ||
(a-1) The executive director of the Texas Department of | ||
Transportation shall serve as the initial presiding officer of the | ||
council. This subsection expires September 1, 2023. | ||
(b) The council shall hold at least four public meetings | ||
each year. | ||
Sec. 490I.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a) | ||
The council is administratively attached to the Texas Department of | ||
Transportation. | ||
(b) The council shall be funded using existing funds of the | ||
Texas Department of Transportation. | ||
Sec. 490I.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE | ||
ASSESSMENT. (a) Not later than March 1, 2022, the council shall | ||
prepare an assessment of existing and planned public electric | ||
vehicle charging infrastructure and associated technologies in | ||
this state using existing databases. The assessment must include | ||
the number and types of electric vehicle chargers at each location. | ||
(b) The council shall use the assessment in developing the | ||
plan required by Section 490I.005. | ||
(c) This section expires September 1, 2023. | ||
Sec. 490I.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE | ||
PLAN. (a) The council shall: | ||
(1) develop a comprehensive plan for the development | ||
of public electric vehicle charging infrastructure and associated | ||
technologies in this state through the year 2040; and | ||
(2) update the plan biennially. | ||
(b) The plan must: | ||
(1) include a phased implementation of the plan, in | ||
biennial increments, through the year 2030; | ||
(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 cost and lower | ||
emissions from heavy duty trucking and delivery services; | ||
(E) ensures adequate public electric vehicle | ||
charging capacity to facilitate commerce: | ||
(i) at or near the borders of this state; | ||
(ii) in or near airports, rail yards, and | ||
seaports; and | ||
(iii) at warehouse complexes and truck | ||
stops; | ||
(F) enhances accessibility of tourist areas to | ||
electric vehicle users; and | ||
(G) covers any other areas identified by the | ||
council; | ||
(4) stimulate competition, innovation, 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. | ||
Sec. 490I.006. STATE AGENCY POLICY RECOMMENDATIONS. The | ||
council shall develop policy recommendations that state agencies | ||
may adopt to encourage the development of an adequate network of | ||
public electric vehicle charging infrastructure and associated | ||
technologies to meet the future electrified transportation needs in | ||
this state through the year 2030. | ||
Sec. 490I.007. STAKEHOLDER INPUT. In performing the | ||
council's duties under this chapter, the council shall seek advice | ||
and input from: | ||
(1) privately owned electric utilities; | ||
(2) municipally owned electric utilities; | ||
(3) electric cooperatives; | ||
(4) state and local transportation and transit | ||
agencies; | ||
(5) port authorities; | ||
(6) warehousing and logistics centers; | ||
(7) electric vehicle charging infrastructure | ||
companies; | ||
(8) environmental groups; | ||
(9) consumer advocates; | ||
(10) motor vehicle manufacturers; | ||
(11) nonprofit organizations developing electric | ||
vehicle policy; | ||
(12) nonprofit organizations representing food or | ||
motor fuel providers; | ||
(13) apartment associations; | ||
(14) low-income community development corporations; | ||
(15) nonprofit organizations that represent | ||
utilities, electric vehicle manufacturers, and charging companies; | ||
and | ||
(16) interested members of the public. | ||
Sec. 490I.008. AUTHORITY TO CONTRACT AND CONSULT WITH | ||
CERTAIN PERSONS. In performing the council's duties under this | ||
chapter, the council may: | ||
(1) contract with experts, academic scholars, and | ||
other appropriate professionals; and | ||
(2) consult with the Texas A&M Transportation | ||
Institute and institutions of higher education. | ||
Sec. 490I.0085. INITIAL REPORT. (a) Not later than | ||
December 1, 2022, the council shall prepare and submit to the | ||
governor, the lieutenant governor, each member of the legislature, | ||
and relevant state and federal agencies a written report of the | ||
council's findings that includes: | ||
(1) the assessment prepared under Section 490I.0045; | ||
(2) the plan developed under Section 490I.005, | ||
including the phased implementation of the plan required by | ||
Subsection (b)(1) of that section; and | ||
(3) the policy recommendations developed under | ||
Section 490I.006. | ||
(b) This section expires September 1, 2025. | ||
Sec. 490I.009. BIENNIAL REPORT. Not later than December 1 | ||
of each even-numbered year, the council shall prepare and submit to | ||
the governor, the lieutenant governor, each member of the | ||
legislature, and relevant state and federal agencies a written | ||
report that includes: | ||
(1) a summary of the progress made on the | ||
implementation of the plan developed under Section 490I.005; | ||
(2) the biennial update to the plan required under | ||
Section 490I.005(a)(2); and | ||
(3) any updates to the policy recommendations | ||
developed under Section 490I.006. | ||
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 386.154, Health and Safety Code, is | ||
amended by amending Subsection (d) and adding Subsections (f), (g), | ||
and (h) to read as follows: | ||
(d) A new light-duty motor vehicle powered by an electric | ||
drive is eligible for a $2,500 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 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; [ |
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(6) is not designed, used, or maintained primarily to | ||
transport property; and | ||
(7) was acquired on or after September 1, 2013, or a | ||
later date as established by the commission, by the person applying | ||
for the incentive under this subsection and for use or lease by 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) satisfies the requirements of Subsections | ||
(d)(1)-(5); | ||
(2) is designed, used, or maintained primarily to | ||
transport property; and | ||
(3) was acquired on or after September 1, 2021, or a | ||
later date as established by the commission, by the person applying | ||
for the incentive under this subsection and for use by that person | ||
and not for resale. | ||
(g) The incentive under Subsection (f) is limited to 2,000 | ||
vehicles for each state fiscal biennium. | ||
(h) Notwithstanding Subsections (c), (e), and (g) 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), (e), | ||
and (g) based on demand for incentives under this section during the | ||
preceding state fiscal year. | ||
SECTION 4. 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 | ||
[ |
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emissions in and around seaports in a nonattainment area. | ||
SECTION 5. 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 or cargo | ||
handling equipment that are 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 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 6. Sections 386.250(b) and (c), Health and Safety | ||
Code, as effective September 1, 2021, 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; [ |
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(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 Texas emissions | ||
reduction plan account. This subsection does not apply to federal | ||
funds deposited to the credit of the fund. | ||
SECTION 7. Section 386.252, Health and Safety Code, as | ||
effective September 1, 2021, 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), 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 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 [ |
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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[ |
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(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; | ||
(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 8. 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 | ||
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costs incurred by the grant recipient within deadlines established | ||
by the commission[ |
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SECTION 9. Subtitle A, Title 14, Occupations Code, is | ||
amended by adding Chapter 2311 to read as follows: | ||
CHAPTER 2311. ELECTRIC VEHICLE METERING | ||
Sec. 2311.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(2) "Metering device" means a commercial device used | ||
to measure electric energy transferred by electric vehicle charging | ||
stations and compute the charge for the energy. | ||
Sec. 2311.002. RULES. (a) The commission by rule shall | ||
establish: | ||
(1) specifications, tolerances, and other technical | ||
requirements for metering devices used in electric vehicle charging | ||
stations used in commercial transactions; and | ||
(2) standards for electric vehicle charging services | ||
that ensure the accuracy of measurements, enhance consumer | ||
protections, and promote fair competition. | ||
(b) In adopting rules under Subsection (a), the commission | ||
shall consider recommendations from relevant state and federal | ||
agencies and stakeholders. | ||
SECTION 10. Subchapter G, Chapter 502, Transportation Code, | ||
is amended by adding Section 502.360 to read as follows: | ||
Sec. 502.360. ELECTRIC VEHICLE SURCHARGE. (a) In this | ||
section, "electric vehicle" means a motor vehicle that uses | ||
electricity as its only source of motor power. | ||
(b) In addition to the applicable registration fee charged | ||
under Subchapter F, at the time of application for registration or | ||
renewal of registration of an electric vehicle, the applicant shall | ||
pay a surcharge in an amount of $100. | ||
(c) Surcharges collected under this section shall be | ||
deposited to the credit of the state highway fund. | ||
(c-1) Notwithstanding Subsection (c), $40 of each surcharge | ||
collected under this section shall be deposited to the credit of the | ||
general revenue fund and may be used only for the operations of the | ||
Texas Transportation Electrification Council under Chapter 490I, | ||
Government Code. This subsection expires September 1, 2025. | ||
(d) The board shall adopt rules necessary to administer | ||
registration for an electric vehicle under this section. | ||
SECTION 11. Section 31.002, Utilities Code, is amended by | ||
adding Subdivision (3-a) and amending Subdivisions (6) and (17) to | ||
read as follows: | ||
(3-a) "Alternatively fueled vehicle" has the meaning | ||
assigned by Section 502.004, Transportation Code. | ||
(6) "Electric utility" means a person or river | ||
authority that owns or operates for compensation in this state | ||
equipment or facilities to produce, generate, transmit, | ||
distribute, sell, or furnish electricity in this state. The term | ||
includes a lessee, trustee, or receiver of an electric utility and a | ||
recreational vehicle park owner who does not comply with Subchapter | ||
C, Chapter 184, with regard to the metered sale of electricity at | ||
the recreational vehicle park. The term does not include: | ||
(A) a municipal corporation; | ||
(B) a qualifying facility; | ||
(C) a power generation company; | ||
(D) an exempt wholesale generator; | ||
(E) a power marketer; | ||
(F) a corporation described by Section 32.053 to | ||
the extent the corporation sells electricity exclusively at | ||
wholesale and not to the ultimate consumer; | ||
(G) an electric cooperative; | ||
(H) a retail electric provider; | ||
(I) this state or an agency of this state; or | ||
(J) a person not otherwise an electric utility | ||
who: | ||
(i) furnishes an electric service or | ||
commodity only to itself, its employees, or its tenants as an | ||
incident of employment or tenancy, if that service or commodity is | ||
not resold to or used by others; | ||
(ii) owns or operates in this state | ||
equipment or facilities to produce, generate, transmit, | ||
distribute, sell, or furnish electric energy to an electric | ||
utility, if the equipment or facilities are used primarily to | ||
produce and generate electric energy for consumption by that | ||
person; [ |
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(iii) owns or operates in this state a | ||
recreational vehicle park that provides metered electric service in | ||
accordance with Subchapter C, Chapter 184; or | ||
(iv) owns or operates equipment used solely | ||
to provide electricity charging service for consumption by | ||
alternatively fueled vehicles. | ||
(17) "Retail electric provider" means a person that | ||
sells electric energy to retail customers in this state. A retail | ||
electric provider may not own or operate generation assets. The | ||
term does not include a person not otherwise a retail electric | ||
provider who owns or operates equipment used solely to provide | ||
electricity charging service for consumption by alternatively | ||
fueled vehicles. | ||
SECTION 12. Subchapter A, Chapter 31, Utilities Code, is | ||
amended by adding Section 31.0021 to read as follows: | ||
Sec. 31.0021. CHARGING SERVICE. The commission by rule may | ||
exempt from the definition of "electric utility" or "retail | ||
electric provider" under Section 31.002 a provider who owns or | ||
operates equipment used solely to provide electricity charging | ||
service for a mode of transportation. | ||
SECTION 13. Section 37.001(3), Utilities Code, is amended | ||
to read as follows: | ||
(3) "Retail electric utility" means a person, | ||
political subdivision, electric cooperative, or agency that | ||
operates, maintains, or controls in this state a facility to | ||
provide retail electric utility service. The term does not include | ||
a corporation described by Section 32.053 to the extent that the | ||
corporation sells electricity exclusively at wholesale and not to | ||
the ultimate consumer. A qualifying cogenerator that sells | ||
electric energy at retail to the sole purchaser of the | ||
cogenerator's thermal output under Sections 35.061 and 36.007 is | ||
not for that reason considered to be a retail electric utility. The | ||
owner or operator of a qualifying cogeneration facility who was | ||
issued the necessary environmental permits from the Texas Natural | ||
Resource Conservation Commission after January 1, 1998, and who | ||
commenced construction of such qualifying facility before July 1, | ||
1998, may provide electricity to the purchasers of the thermal | ||
output of that qualifying facility and shall not for that reason be | ||
considered an electric utility or a retail electric utility, | ||
provided that the purchasers of the thermal output are owners of | ||
manufacturing or process operation facilities that are located on a | ||
site entirely owned before September, 1987, by one owner who | ||
retained ownership after September, 1987, of some portion of the | ||
facilities and that those facilities now share some integrated | ||
operations, such as the provision of services and raw materials. A | ||
person who owns or operates equipment used solely to provide | ||
electricity charging service for consumption by alternatively | ||
fueled vehicles is not for that reason considered to be a retail | ||
electric utility. | ||
SECTION 14. Subchapter A, Chapter 37, Utilities Code, is | ||
amended by adding Section 37.002 to read as follows: | ||
Sec. 37.002. CHARGING SERVICE. The commission may by rule | ||
exempt from the definition of "retail electric utility" under | ||
Section 37.001 a provider who owns or operates equipment used | ||
solely to provide electricity charging service for a mode of | ||
transportation. | ||
SECTION 15. (a) In this section: | ||
(1) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(2) "Vehicle" has the meaning assigned by Section | ||
541.201, Transportation Code. | ||
(3) "Vehicle recycler" means a person engaged in the | ||
business of acquiring, dismantling, or preparing for recycling six | ||
or more end-of-life vehicles in a calendar year for the primary | ||
purpose of reselling the vehicles' parts. The term includes a | ||
salvage vehicle dealer licensed under Chapter 2302, Occupations | ||
Code. | ||
(b) Using existing funds, the commission shall conduct a | ||
study on policies pertaining to the recovery and recycling of | ||
lithium-ion and other propulsion batteries sold with electric | ||
vehicles in this state. The study must examine: | ||
(1) methods to ensure that as close to 100 percent as | ||
possible of electric vehicle batteries in this state are reused or | ||
recycled at end-of-life in a safe and cost-effective manner; | ||
(2) policy recommendations that reflect entire life | ||
cycle considerations for electric vehicle batteries, including | ||
opportunities and barriers to the reuse of electric vehicle | ||
batteries as energy storage systems after a battery is removed from | ||
a vehicle; | ||
(3) best management considerations for electric | ||
vehicle batteries at end-of-life and the overall effect of | ||
different management practices on the environment; | ||
(4) in-state and out-of-state options for the | ||
recycling of electric vehicle batteries; and | ||
(5) future electric vehicle battery technologies. | ||
(c) Not later than January 1, 2022, the commission shall | ||
establish and convene an advisory group to provide guidance and | ||
direction to the commission for purposes of conducting the study | ||
required by this section and making legislative recommendations | ||
based on the study. The advisory group shall meet at least | ||
quarterly. | ||
(d) The commission shall appoint to the advisory group at | ||
least one member from each of the following: | ||
(1) a representative from the Texas Economic | ||
Development and Tourism Office; | ||
(2) a representative from the Public Utility | ||
Commission of Texas; | ||
(3) a manufacturer of electric vehicles; | ||
(4) an organization that represents one or more | ||
vehicle manufacturers; | ||
(5) a nonprofit organization that represents | ||
utilities, electric vehicle manufacturers, and charging companies; | ||
(6) an electronic waste recycler or an organization | ||
that represents one or more electronic waste recyclers; | ||
(7) a vehicle repair dealer or an organization that | ||
represents one or more vehicle repair dealers; | ||
(8) a vehicle recycler or an organization that | ||
represents one or more vehicle recyclers; | ||
(9) a nationwide environmental organization that | ||
researches waste reduction and recycling strategies; | ||
(10) a representative of the large-scale lithium-ion | ||
and other energy storage technology industries; | ||
(11) an electric vehicle battery manufacturer; and | ||
(12) a standards-developing organization that has a | ||
focus on automotive engineering. | ||
(e) In advising the commission under this section, the | ||
advisory group shall consult with: | ||
(1) universities and research institutions that have | ||
conducted research in the area of battery recycling; | ||
(2) manufacturers of electric and hybrid vehicles; and | ||
(3) the recycling industry. | ||
(f) Not later than December 1, 2022, the commission shall | ||
prepare and submit to the governor, the lieutenant governor, and | ||
each member of the legislature a written report that includes a | ||
summary of the results of the study conducted under this section and | ||
any legislative recommendations based on the study. | ||
(g) The advisory group is abolished and this section expires | ||
January 1, 2023. | ||
SECTION 16. The Texas Transportation Electrification | ||
Council shall submit its first report under Section 490I.009, | ||
Government Code, as added by this Act, not later than December 1, | ||
2024. | ||
SECTION 17. The changes in law made by this Act to Chapter | ||
386, Health and Safety Code, apply only to a Texas emissions | ||
reduction plan grant awarded on or after the effective date of this | ||
Act. A grant awarded before the effective date of this Act 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 18. Not later than December 1, 2024, the Texas | ||
Commission of Licensing and Regulation shall adopt the rules | ||
required by Section 2311.002, Occupations Code, as added by this | ||
Act. | ||
SECTION 19. This Act takes effect September 1, 2021. |