88R12151 JRR-F
 
  By: Eckhardt S.B. No. 1311
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Texas Transportation
  Electrification Council and the duties of that council.
         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:
  CHAPTER 490J. TEXAS TRANSPORTATION ELECTRIFICATION COUNCIL
         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.
         Sec. 490J.0045.  ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
  ASSESSMENT. (a) Not later than March 1, 2024, 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 490J.005.
         (c)  This section expires September 1, 2027.
         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 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)  advanced sensor networks for traffic;
                     (B)  intelligent transportation services;
                     (C)  connected vehicle applications; and
                     (D)  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. 490J.0055.  STUDY ON ALTERNATIVELY FUELED VEHICLE
  MILEAGE PROGRAM. (a) The council shall conduct a study on the
  feasibility of implementing a program that imposes an additional
  fee at the time of registration of an alternatively fueled vehicle
  based on the annual mileage traveled by the vehicle.
         (b)  The study must contain an analysis of the economic
  impacts of alternatively fueled vehicles on the state highway fund,
  including an assessment of:
               (1)  the number of alternatively fueled vehicles
  registered in the state, including future projections on the number
  of those vehicles;
               (2)  the revenue lost from taxes imposed under Chapter
  162, Tax Code, that an operator of an alternatively fueled vehicle
  registered in this state would have paid if the vehicle operated
  solely on gasoline or diesel fuel; and
               (3)  the amount of and method for calculating the
  additional fee described by Subsection (a), the estimated revenue
  collected from the fee, and the impact of inflation on the fee.
         (c)  Not later than December 1, 2024, the council shall:
               (1)  prepare 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; and 
               (2)  include the report prepared under Subdivision (1)
  in the initial report submitted under Section 490J.0085.
         (d)  This section expires September 1, 2027.
         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 2040.
         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)  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. 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 experts, academic scholars, and
  other appropriate professionals; and
               (2)  consult with the Texas A&M Transportation
  Institute and institutions of higher education.
         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 a 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;
               (3)  the report prepared under Section 490J.0055; and
               (4)  the policy recommendations developed under
  Section 490J.006.
         (b)  This section expires September 1, 2027.
         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.
         Sec. 490J.010.  EXPIRATION.  This chapter expires and the
  council is abolished January 1, 2033.
         SECTION 2.  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 3.  This Act takes effect January 1, 2024.