Bill Text: TX SB1728 | 2021-2022 | 87th Legislature | Comm Sub

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Bill Title: Relating to the equalization for road use by and public charging infrastructure for alternatively fueled vehicles; authorizing a fee and a surcharge.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2021-05-24 - Returned to Calendars Committee [SB1728 Detail]

Download: Texas-2021-SB1728-Comm_Sub.html

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87R26838 MP-F
By: Schwertner, et al. S.B. No. 1728
(Canales)
Substitute the following for S.B. No. 1728: No.

A BILL TO BE ENTITLED
AN ACT
relating to the equalization for road use by and public charging
infrastructure for alternatively fueled vehicles; authorizing a
fee and a surcharge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 490I to read as follows:
CHAPTER 490I. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL
Sec. 490I.001. DEFINITION. In this chapter, "council"
means the Texas Transportation Electrification Council established
by this chapter.
Sec. 490I.002. ESTABLISHMENT; COMPOSITION. (a) The Texas
Transportation Electrification Council is established.
(b) The council is composed of the chair of, or if not
applicable, the administrative head of or a senior-level designee
from, each of the following entities:
(1) the Public Utility Commission of Texas;
(2) the Electric Reliability Council of Texas;
(3) the Texas Commission on Environmental Quality;
(4) the State Energy Conservation Office;
(5) the Texas Department of Licensing and Regulation;
(6) the Texas Department of Transportation;
(7) the Texas Department of Motor Vehicles;
(8) the Texas Department of Housing and Community
Affairs;
(9) the Texas State Affordable Housing Corporation;
(10) the Texas Division of Emergency Management; and
(11) the Texas Economic Development and Tourism
Office.
Sec. 490I.003. PRESIDING OFFICER; MEETINGS. (a) The
council annually shall elect one member to serve as the presiding
officer of the council.
(a-1) The executive director of the Texas Department of
Transportation shall serve as the initial presiding officer of the
council. This subsection expires September 1, 2023.
(b) The council shall hold at least four public meetings
each year.
Sec. 490I.004. ADMINISTRATIVE ATTACHMENT; FUNDING. (a)
The council is administratively attached to the Texas Department of
Transportation.
(b) The council shall be funded using existing funds of the
Texas Department of Transportation.
Sec. 490I.0045. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
ASSESSMENT. (a) Not later than March 1, 2022, the council shall
prepare an assessment of existing and planned public electric
vehicle charging infrastructure and associated technologies in
this state using existing databases. The assessment must include
the number and types of electric vehicle chargers at each location.
(b) The council shall use the assessment in developing the
plan required by Section 490I.005.
(c) This section expires September 1, 2023.
Sec. 490I.005. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
PLAN. (a) The council shall:
(1) develop a comprehensive plan for the development
of public electric vehicle charging infrastructure and associated
technologies in this state through the year 2040; and
(2) update the plan biennially.
(b) The plan must:
(1) include a phased implementation of the plan, in
biennial increments, through the year 2040;
(2) identify areas in this state for which additional
public electric vehicle charging infrastructure is needed to ensure
that the vehicle choice of residents of this state is not
constrained by a lack of access to adequate public electric vehicle
charging infrastructure;
(3) provide for sufficient public electric vehicle
charging infrastructure to meet and enable future demand for
electric vehicles in this state that:
(A) ensures that adequate public electric
vehicle charging infrastructure is available:
(i) with sufficient frequency and capacity
to enable users of electric vehicles of various classes to travel
border to border and community to community on interstate highways
and other major roadways in this state;
(ii) along evacuation routes; and
(iii) in rural communities, multifamily and
underserved communities, town centers, commercial and retail
areas, parks and other publicly owned lands, and other areas that
are in proximity to where local electric vehicle users live or work;
(B) is safe, dependable, serviceable, and
operational;
(C) maximizes the benefits associated with
transportation electrification;
(D) enhances commerce by ensuring an adequate
distribution of public electric vehicle charging infrastructure is
available throughout the state to stimulate lower cost and lower
emissions from heavy duty trucking and delivery services;
(E) ensures adequate public electric vehicle
charging capacity to facilitate commerce:
(i) at or near the borders of this state;
(ii) in or near airports, rail yards, and
seaports; and
(iii) at warehouse complexes and truck
stops;
(F) enhances accessibility of tourist areas to
electric vehicle users; and
(G) covers any other areas identified by the
council;
(4) stimulate competition, innovation, and consumer
choice in public electric vehicle charging and related
infrastructure and services and encourage private capital
investment;
(5) specify the number and types of electric vehicle
chargers per general location that are needed to meet the
requirements prescribed by Subdivisions (2), (3), and (4);
(6) examine vehicle and charging infrastructure
changes necessary to provide demand response functions and two-way
electricity flow capability in order to allow vehicle to grid
integration for cost savings, grid reliability, and resiliency; and
(7) provide for electric transportation corridors in
and along Texas Department of Transportation rights-of-way that
include the infrastructure needed for vehicle electrification,
such as:
(A) a greatly expanded global positioning system
network for vehicle location accuracy;
(B) advanced sensor networks for traffic;
(C) intelligent transportation services;
(D) connected vehicle applications; and
(E) improvements to energy infrastructure needed
to provide adequate vehicle charging.
(c) In developing and updating the plan, the council:
(1) shall use, to the extent practicable, publicly
available electric vehicle projections and models based on industry
standards to determine, for each year, the percentage and number of
electric vehicles by vehicle class that are expected on roadways in
this state and the number of electric vehicle chargers that are
needed to ensure that there is comprehensive and adequate access to
public electric vehicle charging infrastructure in this state; and
(2) may rely on scenarios provided by the Electric
Reliability Council of Texas or other information from appropriate
sources for the percentage and number of electric vehicles by
vehicle class on roadways in this state by year.
Sec. 490I.006. STATE AGENCY POLICY RECOMMENDATIONS. The
council shall develop policy recommendations that state agencies
may adopt to encourage the development of an adequate network of
public electric vehicle charging infrastructure and associated
technologies to meet the future electrified transportation needs in
this state through the year 2040.
Sec. 490I.007. STAKEHOLDER INPUT. In performing the
council's duties under this chapter, the council shall seek advice
and input from:
(1) privately owned electric utilities;
(2) municipally owned electric utilities;
(3) electric cooperatives;
(4) state and local transportation and transit
agencies;
(5) port authorities;
(6) warehousing and logistics centers;
(7) electric vehicle charging infrastructure
companies;
(8) environmental groups;
(9) consumer advocates;
(10) motor vehicle manufacturers;
(11) nonprofit organizations developing electric
vehicle policy;
(12) nonprofit organizations representing food or
motor fuel providers;
(13) apartment associations;
(14) low-income community development corporations;
(15) nonprofit organizations that represent
utilities, electric vehicle manufacturers, and charging companies;
and
(16) interested members of the public.
Sec. 490I.008. AUTHORITY TO CONTRACT AND CONSULT WITH
CERTAIN PERSONS. In performing the council's duties under this
chapter, the council may:
(1) contract with experts, academic scholars, and
other appropriate professionals; and
(2) consult with the Texas A&M Transportation
Institute and institutions of higher education.
Sec. 490I.0085. INITIAL REPORT. (a) Not later than
December 1, 2022, the council shall prepare and submit to the
governor, the lieutenant governor, each member of the legislature,
and relevant state and federal agencies a written report of the
council's findings that includes:
(1) the assessment prepared under Section 490I.0045;
(2) the plan developed under Section 490I.005,
including the phased implementation of the plan required by
Subsection (b)(1) of that section; and
(3) the policy recommendations developed under
Section 490I.006.
(b) This section expires September 1, 2025.
Sec. 490I.009. BIENNIAL REPORT. Not later than December 1
of each even-numbered year, the council shall prepare and submit to
the governor, the lieutenant governor, each member of the
legislature, and relevant state and federal agencies a written
report that includes:
(1) a summary of the progress made on the
implementation of the plan developed under Section 490I.005;
(2) the biennial update to the plan required under
Section 490I.005(a)(2); and
(3) any updates to the policy recommendations
developed under Section 490I.006.
Sec. 490I.010. EXPIRATION. This chapter expires and the
council is abolished January 1, 2031.
SECTION 2. Section 502.198(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Sections 502.058, 502.060,
502.1911, 502.192, 502.356, and 502.357 and Subchapters
[Subchapter] H and M, this section applies to all fees collected by
a county assessor-collector under this chapter.
SECTION 3. Chapter 502, Transportation Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. ALTERNATIVELY FUELED VEHICLE FEES
Sec. 502.501. DEFINITIONS. In this subchapter:
(1) "Alternatively fueled vehicle" means a motor
vehicle that is capable of being powered by a source other than
gasoline or diesel fuel.
(2) "Conventionally fueled vehicle" means a motor
vehicle that is capable of being powered only by gasoline or diesel
fuel.
(3) "Electric vehicle" means a motor vehicle that uses
electricity as its only source of motor power.
(4) "Hybrid electric vehicle" means a motor vehicle,
including a plug-in hybrid electric motor vehicle, that is capable
of being powered by both electricity and gasoline, diesel, or
another type of fuel.
(5) "Natural gas vehicle" means a motor vehicle that
is capable of being powered by compressed natural gas or liquefied
natural gas as fuel.
(6) "Plug-in hybrid electric vehicle" means a vehicle
that is capable of being:
(A) powered by a battery that drives an electric
motor;
(B) powered by an internal combustion engine, or
other propulsion source, that uses gasoline or diesel fuel; and
(C) recharged by plugging into an electrical
outlet or electric vehicle charging station.
Sec. 502.502. APPLICABILITY. This subchapter does not
apply to:
(1) a hybrid electric vehicle that is not a plug-in
hybrid electric vehicle;
(2) a natural gas vehicle; or
(3) a vehicle used exclusively to provide public
transportation services.
Sec. 502.503. ALTERNATIVELY FUELED VEHICLE FEE. (a) In
addition to other fees authorized under this chapter, at the time of
application for registration or renewal of registration of an
alternatively fueled vehicle, other than a vehicle subject to a fee
under Subsection (b), the applicant shall pay an additional fee
according to the gross weight of the vehicle, as follows:
Weight Classification in pounds Fee Schedule
0-6,000 $190
6,001-10,000 $240
(b) In addition to other fees authorized under this chapter,
at the time of application for registration or renewal of
registration of a plug-in hybrid electric vehicle, the applicant
shall pay an additional fee according to the gross weight of the
vehicle, as follows:
Weight Classification in pounds Fee Schedule
0-6,000 $30
6,001-10,000 $40
Sec 502.504. MILEAGE FEE ALTERNATIVE. (a) In lieu of
paying a fee under Section 502.503, a person who applies for
registration or registration renewal of an alternatively fueled
vehicle that is equipped with an odometer may pay an annual mileage
fee. Notwithstanding Section 548.102, a person may have an
alternatively fueled vehicle subject to that section inspected at
the end of a one-year period for the purposes of paying a fee under
this section.
(b) The annual mileage fee for an alternatively fueled
vehicle, other than a plug-in hybrid electric vehicle, that weighs
6,000 pounds or less is:
Annual Mileage Fee
3,000 miles or less $30
3,001 to 6,000 miles $70
6,001 to 9,000 miles $110
9,001 to 12,000 miles $150
12,001 miles or more $190
(c) The annual mileage fee for an alternatively fueled
vehicle, other than a plug-in hybrid electric vehicle, that weighs
more than 6,000 pounds is:
Annual Mileage Fee
3,000 miles or less $40
3,001 to 6,000 miles $90
6,001 to 9,000 miles $140
9,001 to 12,000 miles $190
12,001 miles or more $240
(d) The annual mileage fee for a plug-in hybrid electric
vehicle that weighs 6,000 pounds or less is:
Annual Mileage Fee
3,000 miles or less $5
3,001 to 6,000 miles $10
6,001 to 9,000 miles $20
9,001 miles or more $30
(e) The annual mileage fee for a plug-in hybrid electric
vehicle that weighs more than 6,000 pounds is:
Annual Mileage Fee
3,000 miles or less $10
3,001 to 6,000 miles $20
6,001 to 9,000 miles $30
9,001 miles or more $40
Sec. 502.505. ELECTRIC VEHICLE SURCHARGE. (a) In addition
to other fees authorized under this chapter, at the time of
application for registration or renewal of registration of an
electric vehicle, the applicant shall pay a $10 surcharge.
(b) Each surcharge collected under this section shall be
deposited to the credit of the general revenue fund and may be used
only for the operations of the Texas Transportation Electrification
Council established under Chapter 490I, Government Code. This
subsection expires September 1, 2030.
Sec. 502.506. ANNUAL FEE ADJUSTMENT. (a) On January 1 of
each year, the department shall:
(1) after September 1, 2030, increase the fees
authorized under Sections 502.503 and 502.504 as necessary to
adjust for inflation as determined by the National Highway
Construction Cost Index; and
(2) if the federal government collects a tax on an
alternatively fueled vehicle, decrease the fees authorized under
Sections 502.503 and 502.504 for the type of vehicle subject to the
tax.
(b) A fee decreased under Subsection (a)(2) for a fee
authorized under:
(1) Section 502.503 must be decreased by an amount
equal to the amount of the tax collected by the federal government;
and
(2) Section 502.504 must be decreased by an amount
that reflects the amount of the tax reduced proportionally
according to the miles traveled by the vehicle during the previous
year.
(c) The department shall post the planned fee increases or
decreases under Subsection (a) on the department's Internet website
not later than November 1 of the previous year.
Sec. 502.507. ALLOCATION OF FEES. Except as otherwise
provided by this subchapter, each fee and surcharge collected under
this subchapter shall be deposited to the credit of the state
highway fund.
Sec. 502.508. RULES. (a) The department shall adopt rules
necessary to administer this subchapter.
(b) The Department of Public Safety, in consultation with
the department, shall adopt rules necessary to implement Section
502.504. A violation of a rule adopted under this subsection is
considered to be a violation of Chapter 548 for purposes of Section
548.405 and Subchapter I of that chapter.
SECTION 4. Section 548.253, Transportation Code, is amended
to read as follows:
Sec. 548.253. INFORMATION TO BE SUBMITTED ON COMPLETION OF
INSPECTION. An inspection station or inspector, on completion of
an inspection, shall electronically submit to the department's
inspection database:
(1) the vehicle identification number of the inspected
vehicle and an indication of whether the vehicle passed the
inspections required by this chapter; [and]
(2) odometer readings as required by department rule;
and
(3) any additional information required by rule by the
department for the type of vehicle inspected.
SECTION 5. The Texas Transportation Electrification
Council shall submit its first report under Section 490I.009,
Government Code, as added by this Act, not later than December 1,
2024.
SECTION 6. This Act takes effect January 1, 2022.