HOUSE AMENDED
PRIOR PRINTER'S NO. 1153
PRINTER'S NO. 2123
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
845
Session of
2019
INTRODUCED BY LANGERHOLC, MENSCH, ARGALL, VOGEL AND BREWSTER,
SEPTEMBER 3, 2019
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 16, 2020
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in size, weight and load, further providing for
maximum gross weight of vehicles.; 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. Section 4941(d)(1) of Title 75 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 4941. Maximum gross weight of vehicles.
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(d) Natural gas and electric vehicles.--
(1) Notwithstanding any other provision of law, a
vehicle that is operated by an engine fueled primarily by
compressed or liquefied natural gas or powered primarily by
means of electric battery power may exceed the gross vehicle
weight limits imposed under this section by an amount, not to
exceed a maximum of 2,000 pounds, that is equal to the
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difference between the weight of the vehicle attributable to
the natural gas tank and fueling system or the battery or
battery pack carried by the vehicle and the weight of a
comparable diesel tank and fueling system.
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SECTION 2. CHAPTER 90 OF TITLE 75 IS AMENDED BY ADDING A
SUBCHAPTER HEADING TO READ:
SUBCHAPTER A
PRELIMINARY PROVISIONS
SECTION 3. 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:
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"ELECTRIC VEHICLE." THE TERM INCLUDES ELECTRIC VEHICLES AND
HYBRID ELECTRIC VEHICLES. THE TERM DOES NOT INCLUDE QUALIFIED
MOTOR VEHICLES AS DEFINED UNDER SECTION 2101.1 (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 ELECTRIC VEHICLES.
"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 4. CHAPTER 90 OF TITLE 75 IS AMENDED BY ADDING
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SUBCHAPTERS TO READ:
SUBCHAPTER B
(RESERVED)
SUBCHAPTER C
ELECTRIC VEHICLE ROAD USE FEE
SEC.
9031. SHORT TITLE 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. SHORT TITLE OF SUBCHAPTER.
THIS SUBCHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
ELECTRIC VEHICLE ROAD USE FEE ACT.
§ 9032. ROAD USE FEE IMPOSED ON ELECTRIC VEHICLES.
(A) FEE REQUIRED FOR REGISTRATION.--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. THE FOLLOWING SHALL APPLY:
(1) REGISTRATION MAY NOT BE CONSIDERED COMPLETE WITHOUT
PAYMENT IN FULL OF THE ELECTRIC VEHICLE ROAD USE FEE.
(2) 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 ANY ELECTRIC
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MOTORCYCLE AND NEIGHBORHOOD ELECTRIC VEHICLE SHALL BE $15 PER
YEAR.
(2) THE ELECTRIC VEHICLE ROAD USE FEE FOR ANY HYBRID
ELECTRIC VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF NOT
MORE THAN 26,000, BUT NOT A MOTORCYCLE SHALL BE $75 PER YEAR.
(3) THE ELECTRIC VEHICLE ROAD USE FEE FOR ANY ELECTRIC
VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF NOT MORE THAN
26,000, BUT NOT A MOTORCYCLE SHALL BE $175 PER YEAR. FOR
PURPOSES OF THIS SUBPARAGRAPH, AN ELECTRIC VEHICLE SHALL NOT
INCLUDE A HYBRID ELECTRIC VEHICLE.
(4) THE ELECTRIC VEHICLE ROAD USE FEE FOR ANY ELECTRIC
VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF 26,001 OR MORE
SHALL BE $250 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 IN
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
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VEHICLE ROAD USE FEE.
(B) REQUIREMENTS.--THE FOLLOWING APPLY:
(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.
(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 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
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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 THE
ADDITION OF THIS SUBCHAPTER.
Section 2 5. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(2) THE AMENDMENT OF SECTION 4941 OF THE ACT SHALL TAKE
EFFECT IN 60 DAYS.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180
DAYS.
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