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.