Texas Joins Growing List of States Ensuring Free Market for Electric Vehicle Charging


Texas joined Georgia and Louisiana in passing legislation that will ensure a viable market for the private sector to profitably invest in electric vehicle charging stations. 

Texas Governor Greg Abbott signed SB 1002 on Friday, May 19, which lays the groundwork for a competitive electric vehicle charging marketplace by limiting public utilities from using ratepayer funds to subsidize EV charging stations. Under the new law, utilities can still offer EV charging, but only through a separate subsidiary that is not funded by ratepayers.

The Charge Ahead Partnership, of which NATSO is a member, lauded Texas lawmakers and Gov. Greg Abbott for the success of Senate Bill 1002. 

“Texas is opening the door to the private businesses that want to offer EV charging to their customers,” said Jay Smith, executive director of Charge Ahead Partnership. “We applaud Senator Charles Schwertner and Representative Ana Hernandez, for advancing these commonsense policies that pave the way for Texas to have a thriving and competitive market for EV charging.”  

The bill was sponsored by Texas State Sen. Charles Schwertner (R) and by Texas State Rep. Ana Hernandez (D) in the House.

“Texans know that free and open marketplaces attract investment. This legislation ensures that all EV charging providers are competing in a fair marketplace, without elected officials or utility regulators picking winners or losers,” said Sen. Schwertner. “Texas has established itself as one of the few states in the country to adopt policies that will allow EV charging businesses a chance to thrive. While other states are allowing electric utilities to scare off private investment, Texas is open for business.”

“Recharging an EV should be as convenient and reliable as gassing up your car,” said Rep. Hernandez. “This legislation will enable the gas stations, truck stops and convenience stores that already line our interstates to compete with one another to offer customers the best EV charging service. We can have greater hope for a greener future if we develop a marketplace that is hospitable to innovators and entrepreneurs that want to expand EV charging access.”

Georgia Gov. Brian Kemp in early May 2023 signed SB 146 into law, which also limited public utilities from using ratepayer funds to subsidize EV charging stations. Utility ownership of EV charging stations in Georgia is now restricted to a single program, designed for Georgia Power to provide chargers in rural and remote locations. Private retailers are offered the right of first refusal once Georgia Power has identified a potential location. Georgia’s law also establishes that entities selling electricity for EV charging are no longer treated as utilities by the state, ensuring that all EV charging providers can operate under the same rates, terms and conditions.

In 2022, Louisiana Gov. John Bel Edwards signed Senate Bill 460 into law requiring Louisiana’s Public Service Commission (LPSC) to establish a consistent rate for the resale of electricity for EV charging in order to “promote rapid development of a statewide electric vehicle charging network.”




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