By: Alvarado S.B. No. 2508               A BILL TO BE ENTITLED   AN ACT   relating to mobile source emissions reductions and transportation   electrification.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle F, Title 4, Government Code, is amended   by adding Chapter 490J to read as follows:          Sec. 490J.001.  DEFINITION. In this chapter, "council"   means the Texas Transportation Electrification Council established   by this chapter.          Sec. 490J.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. 490J.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, 2025.          (b)  The council shall hold at least four public meetings   each year.          Sec. 490J.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, including statewide planning   and research funds.          Sec. 490J.0045.  ELECTRIC VEHICLE CHARGING INFRASTRUCTURE   ASSESSMENT. (a) Not later than March 1, 2024, using existing   databases, the council shall prepare an assessment of existing and   planned public electric vehicle charging infrastructure and   associated technologies in this state, including planned   infrastructure and associated technologies by private entities.   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 490J.005.          (c)  This section expires September 1, 2030.          Sec. 490J.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, that complements   electric vehicle charging infrastructure planned and installed   pursuant to the Infrastructure Investment and Jobs Act (Pub. L.   No. 117-58);                (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 costs and lower   emissions from heavy duty trucking and delivery services;                      (E)  ensures adequate public electric vehicle   charging capacity to facilitate commerce and enhance   electrification of freight movement:                            (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   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.          (d)  The council may work with state agencies and the   Electric Reliability Council of Texas to obtain information as   needed to develop or update the plan, including:                (1)  an assessment of vehicle fleet plans for   electrification;                (2)  an assessment of the costs of system upgrades to   serve new electric grid interconnections, giving consideration to   resilience, reliability, and other grid impacts; and                (3)  detailed hosting capacity maps that enable   identification of preferable least-cost locations for charging   infrastructure that optimize existing distribution system assets.          Sec. 490J.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. 490J.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)  organizations that represent the interests of   individuals who live near areas that have a significant amount of   freight traffic;                (10)  consumer advocates;                (11)  motor vehicle manufacturers;                (12)  nonprofit organizations developing electric   vehicle policy;                (13)  nonprofit organizations representing food or   motor fuel providers;                (14)  apartment associations;                (15)  low-income community development corporations;                (16)  nonprofit organizations that represent   utilities, electric vehicle manufacturers, and charging companies;   and                (17)  interested members of the public.          Sec. 490J.008.  AUTHORITY TO CONTRACT AND CONSULT WITH   CERTAIN PERSONS. In performing the council's duties under this   chapter, the council may:                (1)  contract with:                      (A)  electrification organizations; and                      (B)  experts, academic scholars, and other   appropriate professionals; and                (2)  consult with the Texas A&M Transportation   Institute and institutions of higher education, as defined by   Section 61.003, Education Code.          Sec. 490J.0085.  INITIAL REPORT. (a) Not later than   December 1, 2024, the council shall prepare and submit to the   governor, the lieutenant governor, each member of the legislature,   and relevant state and federal agencies an initial written report   of the council's findings that includes:                (1)  the assessment prepared under Section 490J.0045;                (2)  the plan developed under Section 490J.005,   including the phased implementation of the plan required by   Subsection (b)(1) of that section; and                (3)  the policy recommendations developed under   Section 490J.006.          (b)  This section expires September 1, 2030.          Sec. 490J.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 490J.005;                (2)  the biennial update to the plan required under   Section 490J.005(a)(2); and                (3)  any updates to the policy recommendations   developed under Section 490J.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 386.051(b), Health and Safety Code, is   amended to read as follows:          (b)  Under the plan, the commission and the comptroller shall   provide grants or other funding for:                (1)  the diesel emissions reduction incentive program   established under Subchapter C, including for infrastructure   projects established under that subchapter;                (2)  the motor vehicle purchase or lease incentive   program established under Subchapter D;                (3)  the air quality research support program   established under Chapter 387;                (4)  the clean school bus program established under   Chapter 390;                (5)  the new technology implementation grant program   established under Chapter 391;                (6)  the regional air monitoring program established   under Section 386.252(a);                (7)  a health effects study as provided by Section   386.252(a);                (8)  air quality planning activities as provided by   Section 386.252(d);                (9)  a contract with the Energy Systems Laboratory at   the Texas A&M Engineering Experiment Station for computation of   creditable statewide emissions reductions as provided by Section   386.252(a);                (10)  the Texas clean fleet program established under   Chapter 392;                (11)  the Texas alternative fueling facilities program   established under Chapter 393;                (12)  the Texas natural gas vehicle grant program   established under Chapter 394;                (13)  other programs the commission may develop that   lead to reduced emissions of nitrogen oxides, particulate matter,   or volatile organic compounds in a nonattainment area or affected   county;                (14)  other programs the commission may develop that   support congestion mitigation to reduce mobile source ozone   precursor emissions;                (15)  the seaport and rail yard areas emissions   reduction program established under Subchapter D-1, including the   grant program established under Section 386.184;                (16)  conducting research and other activities   associated with making any necessary demonstrations to the United   States Environmental Protection Agency to account for the impact of   foreign emissions or an exceptional event;                (17)  studies of or pilot programs for incentives for   port authorities located in nonattainment areas or affected   counties as provided by Section 386.252(a);                (18)  the governmental alternative fuel fleet grant   program established under Chapter 395; and                (19)  remittance of funds to the state highway fund for   use by the Texas Department of Transportation for congestion   mitigation and air quality improvement projects in nonattainment   areas and affected counties.          SECTION 4.  Section 386.152, Health and Safety Code, is   amended to read as follows:          Sec. 386.152.  APPLICABILITY. (a) The provisions of this   subchapter relating to a lessee do not apply to a person who rents   or leases a light-duty motor vehicle for a term of 30 days or less.          (b)  The provisions of this subchapter relating to a lessor   do not apply to a person who rents or leases a light-duty motor   vehicle to a person for a term of 30 days or less.          SECTION 5.  Section 386.153, Health and Safety Code, is   amended by amending Subsection (c) and adding Subsection (e) to   read as follows:          (c)  Only one incentive will be provided for each new   light-duty motor vehicle. The incentive shall be provided to the   seller or lessor of the vehicle. The seller or lessor shall credit   the amount of the incentive to the purchaser or lessee at the time   the sale is made or the lease is entered into. The incentive may not   [shall] be provided to a seller [the lessee and not to the   purchaser] if the motor vehicle is sold [purchased] for the purpose   of leasing the vehicle to another person.          (e)  The commission shall establish a registration program   for sellers and lessors of new motor vehicles to apply online and   receive incentives under this subchapter. The commission shall   promptly pay the incentives when authorized under the registration   program established by this subsection.          SECTION 6.  Section 386.154, Health and Safety Code, is   amended by amending Subsections (a), (b), and (d) and adding   Subsections (f) and (g) to read as follows:          (a)  A new light-duty motor vehicle powered by compressed   natural gas or liquefied petroleum gas is eligible for a $5,000   incentive if the vehicle:                (1)  has four wheels;                (2)  was originally manufactured to comply with and has   been certified by an original equipment manufacturer or   intermediate or final state vehicle manufacturer as complying with,   or has been altered to comply with, federal motor vehicle safety   standards, state emissions regulations, and any additional federal   or state regulations applicable to vehicles powered by compressed   natural gas or liquefied petroleum gas;                (3)  was manufactured for use primarily on public   streets, roads, and highways;                (4)  has a dedicated or bi-fuel compressed natural gas   or liquefied petroleum gas fuel system:                      (A)  installed prior to first sale or within 500   miles of operation of the vehicle following first sale; and                      (B)  with a range of at least 125 miles as   estimated, published, and updated by the United States   Environmental Protection Agency;                (5)  has, as applicable, a:                      (A)  compressed natural gas fuel system that   complies with the:                            (i)  2013 NFPA 52 Vehicular Gaseous Fuel   Systems Code; and                            (ii)  American National Standard for Basic   Requirements for Compressed Natural Gas Vehicle (NGV) Fuel   Containers, commonly cited as "ANSI/CSA NGV2"; or                      (B)  liquefied petroleum gas fuel system that   complies with:                            (i)  the 2011 NFPA 58 Liquefied Petroleum   Gas Code; and                            (ii)  Section VII of the 2013 ASME Boiler and   Pressure Vessel Code; and                (6)  was sold or leased [acquired] on or after   September 1, 2013, or a later date established by the commission, by   the seller or lessor [person] applying for the incentive under this   subsection and for use or lease by the purchaser or lessee of the   vehicle [that person] and not for resale.          (b)  If the commission determines that an updated version of   a code or standard described by Subsection (a)(5) is more stringent   than the version of the code or standard described by Subsection   (a)(5), the commission by rule may provide that a vehicle for which   a seller or lessor [person] applies for an incentive under   Subsection (a) is eligible for the incentive only if the vehicle   complies with the updated version of the code or standard.          (d)  A new light-duty motor vehicle powered by an electric   drive is eligible for a $2,500 incentive if the total   consideration, as defined by Section 152.002, Tax Code, of the   vehicle is less than $55,000 and 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; [and]                (6)  is not designed, used, or maintained primarily to   transport property; and                (7)  was sold or leased [acquired] on or after   September 1, 2013, or a later date as established by the commission,   by the seller or lessor [person] applying for the incentive under   this subsection and for use or lease by the purchaser or lessee of   the vehicle [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)  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 solely by an electric motor that   draws electricity 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;                (6)  is designed, used, or maintained primarily to   transport property; and                (7)  was sold or leased on or after September 1, 2024,   or a later date as established by the commission, by the seller or   lessor applying for the incentive under this subsection and for use   or lease by the purchaser or lessee of the vehicle and not for   resale.          (g)  Notwithstanding Subsections (c) and (e), 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) and (e) based on   demand for incentives under this section during the preceding state   fiscal year.          SECTION 7.  Sections 386.157(a) and (c), Health and Safety   Code, are amended to read as follows:          (a)  A seller or lessor of [person who purchases or leases] a   new light-duty motor vehicle described by Section 386.154 and   listed under Section 386.156(a) is eligible to apply for an   incentive under this subchapter.          (c)  To receive money under an incentive program provided by   this subchapter, the seller or lessor of a light-duty motor vehicle   shall verify online that funds are available, that the seller or   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   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   charge an electric vehicle to reduce peak demand for electricity   and reduce air emissions [shall apply for the incentive in the   manner provided by law or by rule of the commission].          SECTION 8.  Section 386.158, Health and Safety Code, is   amended to read as follows:          Sec. 386.158.  COMMISSION TO ACCOUNT FOR MOTOR VEHICLE   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].          (b)  The commission shall develop and publish online forms   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.]          (c)  The commission may require the online submission of   forms and documentation as needed to verify eligibility for an   incentive under this subchapter.          SECTION 9.  Section 386.159, Health and Safety Code, is   amended to read as follows:          Sec. 386.159.  PURCHASE OR LEASE INCENTIVES ONLINE PORTAL   [INFORMATION]. [(a)] The commission shall establish an online   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.          [(b)  Reliance by a dealer or leasing agent on information   provided by the commission is a complete defense to an action   involving or based on eligibility of a vehicle for an incentive or   availability of vehicles eligible for an incentive.]          SECTION 10.  Section 386.160, Health and Safety Code, is   amended to read as follows:          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.