PRIOR PRINTER'S NO. 956
PRINTER'S NO. 1448
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
948
Session of
2021
INTRODUCED BY CARROLL, IRVIN, KINSEY, NEILSON, R. BROWN,
SCHLOSSBERG, DELLOSO AND SCHWEYER, MARCH 17, 2021
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 5, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR
DEFINITIONS; IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR
DEFINITIONS; in liquid fuels and fuels tax, further providing
for definitions and FOR IMPOSITION OF TAX, EXEMPTIONS AND
DEDUCTIONS 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:
SECTION 1. THE DEFINITION OF "HYBRID ELECTRIC VEHICLE" IN
SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED TO READ:
§ 102. DEFINITIONS.
SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
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INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
* * *
"HYBRID ELECTRIC VEHICLE." [AN ELECTRIC VEHICLE WHICH ALLOWS
POWER TO BE DELIVERED TO THE DRIVE WHEELS SOLELY BY A BATTERY-
POWERED ELECTRIC MOTOR BUT WHICH ALSO INCORPORATES THE USE OF A
COMBUSTION ENGINE TO PROVIDE POWER TO THE BATTERY AND WHICH
MEETS THE APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS. THE
PRIMARY SOURCE OF POWER FOR THE MOTOR MUST BE THE ELECTRIC
BATTERY OR BATTERY PACK AND NOT THE COMBUSTION ENGINE.] AN
ELECTRIC VEHICLE WITH THE ABILITY TO CHARGE AN ONBOARD BATTERY
OR BATTERY PACK USING AN EXTERNAL POWER SOURCE WHICH ALLOWS
POWER TO BE DELIVERED TO THE DRIVE WHEELS SOLELY BY A BATTERY-
POWERED ELECTRIC MOTOR BUT WHICH ALSO INCORPORATES THE USE OF A
COMBUSTION ENGINE TO PROVIDE POWER TO THE BATTERY AND WHICH
MEETS THE APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS. THE
PRIMARY SOURCE OF POWER FOR THE MOTOR MUST BE THE ELECTRIC
BATTERY OR BATTERY PACK AND NOT THE COMBUSTION ENGINE.
* * *
SECTION 2. CHAPTER 90 OF TITLE 75 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:
SECTION 3. THE DEFINITION OF "ALTERNATIVE FUEL DEALER-USER"
IN SECTION 9002 OF TITLE 75 IS AMENDED AND THE SECTION 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
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context clearly indicates otherwise:
* * *
"ALTERNATIVE FUEL DEALER-USER."
(1) ANY PERSON WHO DELIVERS OR PLACES ALTERNATIVE FUELS
INTO THE FUEL SUPPLY TANK OR OTHER DEVICE OF A VEHICLE FOR
USE ON THE PUBLIC HIGHWAYS.
(2) THE TERM INCLUDES A PERSON WHO OWNS AND PROVIDES AN
ELECTRIC VEHICLE CHARGING STATION FOR PUBLIC USE, REGARDLESS
OF WHETHER COMPENSATION IS RECEIVED FOR THE PUBLIC USE.
(3) THE TERM DOES NOT INCLUDE A PERSON WHO OWNS AND
PROVIDES AN ELECTRIC VEHICLE CHARGING STATION USED
EXCLUSIVELY TO CHARGE:
(A) ELECTRIC VEHICLES AT A PRIVATE RESIDENCE.
(B) ELECTRIC VEHICLES OWNED BY TENANTS, RESIDENTS OR
VISITORS OF A COMMON INTEREST DEVELOPMENT OR OF ANY OTHER
GROUP OF PRIVATE RESIDENCES WITHIN A GEOGRAPHIC LOCATION.
(C) ELECTRIC VEHICLES OWNED BY A BUSINESS OR
ELECTRIC VEHICLES OWNED BY THE EMPLOYEES OF A BUSINESS.
(D) ELECTRIC VEHICLES NOT OPERATED ON PUBLIC
HIGHWAYS.
(4) THE TERM DOES NOT INCLUDE AN OWNER OF AN ELECTRIC
VEHICLE SUBJECT TO THE ELECTRIC VEHICLE ROAD USE FEE,
REGARDLESS OF THE METHOD THROUGH WHICH THE OWNER CHARGES THE
ELECTRIC VEHICLE.
* * *
"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 CHARGING STATION." A FACILITY OR EQUIPMENT
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DESIGNED TO CHARGE A BATTERY WITHIN AN ELECTRIC VEHICLE BY
PERMITTING THE TRANSFER OF ELECTRICITY TO A BATTERY OR OTHER
STORAGE DEVICE IN AN ELECTRIC VEHICLE. THE FACILITIES AND
EQUIPMENT MAY CHARGE BATTERIES THROUGH CONNECTIVE OR INDUCTIVE
MEANS.
"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. SECTION 9004(D) OF TITLE 75 IS AMENDED BY ADDING
A PARAGRAPH TO READ:
§ 9004. IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS.
* * *
(D) ALTERNATIVE FUELS TAX.--
* * *
(3) NOTHING CONTAINED IN THIS CHAPTER SHALL BE CONSTRUED
TO:
(I) AFFECT THE DUTY OF AN ALTERNATIVE FUEL DEALER-
USER TO REPORT AND PAY TO THE DEPARTMENT THE TAX UNDER
THIS SUBSECTION FOR ELECTRICITY DELIVERED THROUGH AN
ELECTRIC VEHICLE CHARGING STATION PROVIDED BY THE
ALTERNATIVE FUEL DEALER-USER TO THE OWNER OF AN ELECTRIC
VEHICLE THAT IS SUBJECT TO THE ELECTRIC VEHICLE ROAD USE
FEE.
(II) PROHIBIT THE ALTERNATIVE FUEL DEALER-USER FROM
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PASSING ONTO THE OWNER OF AN ELECTRIC VEHICLE THAT IS
SUBJECT TO THE ELECTRIC VEHICLE ROAD USE FEE ANY COSTS
ASSOCIATED WITH THE REPORTING AND PAYMENT OF THE TAX
UNDER THIS SUBSECTION.
Section 3 5. Chapter 90 of Title 75 is amended by adding
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. PRIOR NONPAYMENT
OF ALTERNATIVE FUELS TAX.
9034. Fees for highway maintenance and construction.
9035. Exempt entities.
9036. Refunds.
9037. Regulations.
9038. EXPIRATION.
§ 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:
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(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
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.
§ 9033. PRIOR NONPAYMENT OF ALTERNATIVE FUELS TAX.
(A) LIABILITY FOR UNPAID TAX AMOUNTS.--THE OWNER OF AN
ELECTRIC VEHICLE SUBJECT TO THE ELECTRIC VEHICLE ROAD USE FEE
SHALL NOT BE LIABLE FOR ANY UNPAID TAX AMOUNT OWED TO THE
DEPARTMENT PRIOR TO THE EFFECTIVE DATE OF THIS SECTION FOR THE
TAX IMPOSED UNDER SECTION 9004(D) (RELATING TO IMPOSITION OF
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TAX, EXEMPTIONS AND DEDUCTIONS).
(B) LIENS, PENALTIES AND INTEREST.--THE DEPARTMENT MAY NOT
IMPOSE LIENS, PENALTIES OR INTEREST ON THE OWNER OF AN ELECTRIC
VEHICLE SUBJECT TO THE ELECTRIC VEHICLE ROAD USE FEE FOR ANY
UNPAID TAX AMOUNT OWED TO THE DEPARTMENT PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION FOR THE TAX IMPOSED UNDER SECTION 9004(D).
(C) CRIMINAL PENALTIES AND FINES.--THE OWNER OF AN ELECTRIC
VEHICLE SUBJECT TO THE ELECTRIC VEHICLE ROAD USE FEE SHALL NOT
BE SUBJECT TO ANY CRIMINAL PENALTIES OR FINES UNDER THIS CHAPTER
FOR ANY UNPAID TAX AMOUNTS OWED TO THE DEPARTMENT PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION FOR THE TAX IMPOSED UNDER SECTION
9004(D).
§ 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
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
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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
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.
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(A) PROMULGATION.-- The department, in coordination with the
Department of Transportation, may promulgate regulations to
implement the addition of this subchapter.
Section 4 5 . This act shall take effect in 180 days.
(B) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE
PROMPT IMPLEMENTATION OF THIS SUBCHAPTER, REGULATIONS
PROMULGATED BY THE DEPARTMENT UNDER THIS SECTION DURING THE TWO
YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION SHALL BE
DEEMED TEMPORARY REGULATIONS, WHICH SHALL EXPIRE NO LATER THAN
THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION OR UPON
PROMULGATION OF FINAL REGULATIONS. THE TEMPORARY REGULATIONS MAY
NOT BE SUBJECT TO:
(1) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW.
(2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(3) SECTION 204(B) OF THE ACT OF OCTOBER 15, 1980
(P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT.
§ 9038. EXPIRATION.
THIS SUBCHAPTER SHALL EXPIRE ON DECEMBER 31, 2029.
SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:
(I) THIS SECTION.
(II) THE ADDITION OF 75 PA.C.S. § 9037.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180
DAYS.
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