PRINTER'S NO. 683
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
656
Session of
2023
INTRODUCED BY ROTHMAN AND DUSH, MAY 1, 2023
REFERRED TO TRANSPORTATION, MAY 1, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in liquid fuels and fuels tax, further providing
for definitions and providing for electric vehicle road use
fee; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 90 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter heading
to read:
SUBCHAPTER A
PRELIMINARY PROVISIONS
Section 2. Section 9002 of Title 75 is amended by adding
definitions to read:
§ 9002. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Electric vehicle." The term includes an electric vehicle
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
and hybrid electric vehicle. The term does not include a
qualified motor vehicle as defined under section 2101.1
(relating to definitions) or neighborhood electric vehicle as
defined under section 102 (relating to definitions).
"Electric vehicle road use fee." The annual fee imposed
under Subchapter C (relating to electric vehicle road use fee)
in place of a tax on alternative fuels assessed upon electricity
used in an electric vehicle.
"Exempt entity." A person exempt under section 9004(e)
(relating to imposition of tax, exemptions and deductions) from
reporting and paying a tax on liquid fuels, fuels or alternative
fuels imposed by this chapter.
* * *
Section 3. Chapter 90 of Title 75 is amended by adding
subchapters to read:
SUBCHAPTER B
(Reserved)
SUBCHAPTER C
ELECTRIC VEHICLE ROAD USE FEE
Sec.
9031. Scope of subchapter.
9032. Road use fee imposed on electric vehicles.
9033. Electricity used in electric vehicles.
9034. Fees for highway maintenance and construction.
9035. Exempt entities.
9036. Refunds.
9037. Regulations.
§ 9031. Scope of subchapter.
This subchapter relates to the electric vehicle road use fee.
§ 9032. Road use fee imposed on electric vehicles.
20230SB0656PN0683 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Fee required for registration.--
(1) Concurrent with submitting an annual or biennial
vehicle registration application and fee to the Department of
Transportation under section 1301 (relating to registration
and certificate of title required), an owner of an electric
vehicle shall submit the electric vehicle road use fee.
(2) Registration may not be considered complete without
payment in full of the electric vehicle road use fee.
(3) The electric vehicle road use fee shall be paid upon
initial registration and upon renewal for each electric
vehicle registered in this Commonwealth.
(b) Computation of electric vehicle road use fee.--
(1) The electric vehicle road use fee for a hybrid
electric vehicle with a gross vehicle weight rating of not
more than 26,000 pounds, but not a motorcycle, shall be $75
per year.
(2) The electric vehicle road use fee for an electric
vehicle with a gross vehicle weight rating of not more than
26,000 pounds, but not a motorcycle, shall be $380 per year.
For purposes of this paragraph, an electric vehicle shall not
include a hybrid electric vehicle.
(3) The electric vehicle road use fee for an electric
vehicle with a gross vehicle weight rating of 26,001 pounds
or more shall be $450 per year.
§ 9033. Electricity used in electric vehicles.
Electricity used in an electric vehicle that propels a
vehicle on public highways is not considered a liquid fuel , fuel
or alternative fuel as defined under this chapter.
§ 9034. Fees for highway maintenance and construction.
Fees collected under this subchapter shall be deposited into
20230SB0656PN0683 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the Motor License Fund in accordance with the allocations under
section 9511 (relating to allocation of proceeds). For purposes
of aligning the electric vehicle road use fee with the
allocations of proceeds, the electric vehicle road use fee must
be allocated in accordance with the oil company franchise tax
for highway maintenance and construction under section 9502
(relating to imposition of tax).
§ 9035. Exempt entities.
(a) Exemption.--An electric vehicle registered to an exempt
entity under section 9004(e) (relating to imposition of tax,
exemptions and deductions) is exempt from paying the electric
vehicle road use fee.
(b) Requirements.--
(1) If an electric vehicle registered to an exempt
entity is used for a nonexempt purpose during the
registration year, the exempt entity shall pay an
administrative penalty of $500 to the department. An exempt
entity that improperly uses a vehicle for nonexempt purposes
is not eligible to claim a refund for the vehicle under the
provisions of section 9036 (relating to refunds).
(2) An exempt entity applying for a refund under section
9036 shall maintain records of vehicle usage, certifying that
an individual trip made by the vehicle was for a qualified
exempt use. Individual trip logs, odometer readings and
driver signatures shall be among the records required to
substantiate exempt use.
(3) The department may inspect the substantiating
records for an exempt entity at any time.
(4) The exempt entity shall cooperate with an agent of
the department in an inspection under paragraph (3).
20230SB0656PN0683 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(5) An exempt entity that refuses to permit the
department or an agent appointed by the department in writing
to examine the books, records, papers or other equipment
associated with the operation of an electric vehicle as
permitted under paragraph (3) commits a summary offense and
shall pay a fine of $500 for each electric vehicle owned or
operated by the exempt entity.
§ 9036. Refunds.
A person may be entitled to a refund of the electric vehicle
road use fee paid for a vehicle that would otherwise have been
exempt under section 9004 (relating to imposition of tax,
exemptions and deductions). A person entitled to a refund of the
electric vehicle road use fee shall apply for an annual refund
in a manner similar to the refund process used for liquid fuels ,
fuels and alternative fuels under section 9017 (relating to
refunds).
§ 9037. Regulations.
The department, in coordination with the Department of
Transportation, may promulgate regulations to implement this
subchapter.
Section 4. This act shall take effect in 180 days.
20230SB0656PN0683 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21