HOUSE AMENDED
PRIOR PRINTER'S NOS. 683, 859, 1285
PRINTER'S NO. 1519
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
656
Session of
2023
INTRODUCED BY ROTHMAN, DUSH AND J. WARD, MAY 1, 2023
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 10, 2024
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in liquid fuels and fuels tax, further providing
for definitions and providing for electric vehicle road user
charge; and imposing a penalty.
AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, IN GENERAL 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 USER
CHARGE; AND IMPOSING A PENALTY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "electric vehicle" and "hybrid
electric vehicle" in section 102 of Title 75 of the Pennsylvania
Consolidated Statutes are amended and the section is amended by
adding definitions to read:
ยง 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:
* * *
"Battery." An energy power storage system that stores
electrical energy within the system's constituent parts.
* * *
"Electric vehicle." [A motor vehicle which operates solely
by use of a battery or battery pack and which meets the
applicable Federal motor vehicle safety standards. The term
includes a motor vehicle which is powered mainly through the use
of an electric battery or battery pack but which uses a flywheel
that stores energy produced by the electric motor or through
regenerative braking to assist in operation of the motor
vehicle.] A motor vehicle that delivers power to its drive wheel
or wheels solely by use of a battery-powered electric motor. The
term does not include qualified motor vehicles as defined under
section 2101.1 (relating to definitions).
* * *
"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.] A motor
vehicle that can deliver power to the drive wheels solely by a
battery-powered electric motor, and which also incorporates the
use of another fuel to power a combustion engine. The term does
not include a vehicle capable of receiving energy from an
external source, such as an outlet or charging station. The term
does not include qualified motor vehicles as defined under
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section 2101.1.
* * *
"Plug-in hybrid electric vehicle." A motor vehicle that can
deliver power to the drive wheels solely by a battery-powered
electric motor and which also incorporates the use of another
fuel to power a combustion engine. The battery of the vehicle
must be capable of receiving energy from an external source,
such as an outlet or charging station. The term does not include
qualified motor vehicles as defined under section 2101.1.
* * *
Section 2. The definition of "person" in section 9002 of
Title 75 is amended to read:
ยง 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:
* * *
"Person." Every natural person, Commonwealth agency,
political subdivision, firm, copartnership, association or
corporation. Whenever used in any provision prescribing and
imposing a fine or imprisonment, the [term as applied to
associations means the partners or members and as applied to
corporations means the officers thereof.] terms firm,
copartnership, association and corporation shall be subject to
18 Pa.C.S. ยง 307 (relating to liability of organizations and
certain related persons).
* * *
Section 3. Title 75 is amended by adding a section to read:
ยง 9024. Electric vehicle road user charge.
(a) Imposition.--Owners or registrants of noncommercial
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passenger electric vehicles with a gross vehicle weight rating
of not more than 14,000 pounds shall pay an electric vehicle
road user charge of $290 per year, which shall be concurrent
with paying the vehicle registration fee imposed under Chapter
13 (relating to registration of vehicles).
(b) New or temporary electric vehicle registration.--New or
temporary registration for an electric vehicle issued on or
after the effective date of this subsection shall be subject to
the electric vehicle road user charge imposed under subsection
(a). The Department of Transportation shall send a form to the
owner or registrant for the payment of the electric vehicle road
user charge for the initial registration consistent with Chapter
13.
(c) Renewal of electric vehicle registration.--At least 60
days prior to the expiration of registration for an electric
vehicle under subsection (a), the Department of Transportation
shall send to the owner or registrant a form for the payment of
the electric vehicle road user charge for the renewal of
registration consistent with Chapter 13.
(d) Enrollment.--
(1) The Department of Transportation shall permit owners
or registrants of electric vehicles under subsection (a) to
pay the electric vehicle road user charge as follows:
(i) Enroll in a flat charge of $290 per year
provided by credit or debit card, electronic funds
transfer or check or money order to the Department of
Transportation. Owners or registrants who elect this
option may enroll in a paper form prescribed and
furnished by the Department of Transportation instead of
electronically.
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(ii) Enroll in an electronic payment plan of $24.17
per month by credit or debit card or electronic funds
transfer to the Department of Transportation.
(2) The charges under paragraph (1)(i) and (ii) shall
not include a Federal tax, fee, levy or charge, and an owner
or registrant of an electric vehicle shall be responsible for
paying any tax, fee, levy or charge imposed by the Congress
of the United States after the effective date of this
paragraph.
(e) Concurrent registration.--The registration of electric
vehicles shall not be valid unless the owner or registrant
enrolls in a payment option under subsection (d).
(f) Penalty.--Failure to pay the electric vehicle road user
charge within 30 days of the enrollment date established by the
Department of Transportation shall result in the imposition of
penalties and a prohibition on renewal of the electric vehicle's
registration or transfer of title. The Department of
Transportation may not prohibit the renewal of a vehicle
registration under subsection (d)(1)(ii) if the electric
vehicle's owner or registrant is enrolled in a payment plan and
makes timely payments according to the schedule established by
the Department of Transportation.
(g) Residential exemption from alternative fuels tax.--
Electric vehicles subject to the electric vehicle road user
charge under subsection (a) are exempt from the tax imposed
under section 9004(d) (relating to imposition of tax, exemptions
and deductions) only if the electricity is derived from the
legal residence of the owner or registrant.
(h) Liability for unpaid tax amounts.--The owner or
registrant of an electric vehicle subject to the electric
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vehicle road user charge under this section shall not be liable
for any unpaid tax amount owed to the department from the legal
residence of the owner or registrant prior to the effective date
of this section for the tax imposed under section 9004(d).
(i) Liens, penalties and interest prohibited.--The
department may not impose liens, penalties or interest on the
owner or registrant of an electric vehicle subject to the
electric vehicle road user charge under this section for any
unpaid tax amount owed to the department from the legal
residence of the owner or registrant prior to the effective date
of this subsection for the tax imposed under section 9004(d).
(j) Criminal penalties and fines prohibited.--The owner of
an electric vehicle subject to the electric vehicle road user
charge under this section shall not be subject to any criminal
penalties or fines under this chapter for any unpaid tax amounts
owed to the department from the legal residence of the owner or
registrant prior to the effective date of this section for the
tax imposed under section 9004(d).
(k) Charges for highway maintenance and construction.--The
electric vehicle road user charge collected by the department
under this section shall be transmitted to the State Treasurer
for deposit into 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
user charge with the allocations of proceeds, the electric
vehicle road user charge must be allocated in accordance with
the oil company franchise tax for highway maintenance and
construction under section 9502 (relating to imposition of tax).
(l) Exceptions.--Owners or registrants of electric vehicles
consistent with subsection (a) that are owners or registrants
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under section 9004(e) are exempt from paying the electric
vehicle road user charge.
(m) Regulations.--The Department of Transportation may
promulgate regulations to implement this section.
(n) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Electric vehicle." The term shall not include a golf cart,
neighborhood electric vehicle and motorcycle , MOTORCYCLE OR A
MOTOR VEHICLE WITH A MODEL YEAR OF 1990 OR OLDER .
Section 4. This act shall take effect January 1, 2024, or
immediately, whichever is later.
SECTION 1. THE DEFINITIONS OF "ELECTRIC VEHICLE" AND "HYBRID
ELECTRIC VEHICLE" IN SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION IS AMENDED BY
ADDING DEFINITIONS TO READ:
ยง 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
INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
* * *
"BATTERY." AN ENERGY POWER STORAGE SYSTEM THAT STORES
ELECTRICAL ENERGY WITHIN THE SYSTEM'S CONSTITUENT PARTS.
* * *
"ELECTRIC VEHICLE." [A MOTOR VEHICLE WHICH OPERATES SOLELY
BY USE OF A BATTERY OR BATTERY PACK AND WHICH MEETS THE
APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS. THE TERM
INCLUDES A MOTOR VEHICLE WHICH IS POWERED MAINLY THROUGH THE USE
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OF AN ELECTRIC BATTERY OR BATTERY PACK BUT WHICH USES A FLYWHEEL
THAT STORES ENERGY PRODUCED BY THE ELECTRIC MOTOR OR THROUGH
REGENERATIVE BRAKING TO ASSIST IN OPERATION OF THE MOTOR
VEHICLE.] A MOTOR VEHICLE THAT DELIVERS POWER TO ITS DRIVE WHEEL
OR WHEELS SOLELY BY USE OF A BATTERY-POWERED ELECTRIC MOTOR.
"ELECTRIC VEHICLE CHARGING STATION." A FACILITY OR EQUIPMENT
DESIGNED TO CHARGE, BY CONNECTIVE OR INDUCTIVE MEANS, A BATTERY
WITHIN AN ELECTRIC VEHICLE OR PLUG-IN HYBRID ELECTRIC VEHICLE BY
PERMITTING THE TRANSFER OF ELECTRICITY TO A BATTERY OR OTHER
STORAGE DEVICE IN AN ELECTRIC VEHICLE.
* * *
"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.] AS
FOLLOWS:
(1) A MOTOR VEHICLE USING A COMBUSTION ENGINE OR
REGENERATIVE BRAKING TO CHARGE A BATTERY TO DELIVER POWER TO:
(I) THE DRIVE WHEEL OR WHEELS; OR
(II) VEHICLE SYSTEMS OTHER THAN PROPULSION.
(2) THE TERM DOES NOT INCLUDE MOTOR VEHICLES CAPABLE OF
RECEIVING ENERGY FROM AN EXTERNAL SOURCE SUCH AS AN OUTLET OR
CHARGING STATION.
* * *
"PLUG-IN HYBRID ELECTRIC VEHICLE." A MOTOR VEHICLE THAT CAN
DELIVER POWER TO THE DRIVE WHEELS SOLELY BY A BATTERY-POWERED
ELECTRIC MOTOR BUT WHICH ALSO INCORPORATES THE USE OF ANOTHER
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FUEL TO POWER A COMBUSTION ENGINE. THE BATTERY OF THE VEHICLE
MUST BE CAPABLE OF RECEIVING ENERGY FROM AN EXTERNAL SOURCE,
SUCH AS AN OUTLET OR CHARGING STATION.
* * *
SECTION 2. THE DEFINITIONS OF "ALTERNATIVE FUEL DEALER-USER"
AND "PERSON" IN SECTION 9002 OF TITLE 75 ARE AMENDED AND THE
SECTION IS AMENDED BY ADDING A DEFINITION TO READ:
ยง 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:
* * *
"ALTERNATIVE FUEL DEALER-USER." AS FOLLOWS:
(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 THAT 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 THAT PROVIDES AN
ELECTRIC VEHICLE CHARGING STATION USED EXCLUSIVELY TO CHARGE:
(I) ELECTRIC VEHICLES OR PLUG-IN HYBRID ELECTRIC
VEHICLES AT A PRIVATE RESIDENCE.
(II) ELECTRIC VEHICLES OR PLUG-IN HYBRID ELECTRIC
VEHICLES OWNED BY TENANTS, RESIDENTS OR VISITORS OF A
COMMON INTEREST DEVELOPMENT OR OTHER GROUP OF PRIVATE
RESIDENCES WITHIN A GEOGRAPHIC LOCATION.
(4) THE TERM DOES NOT INCLUDE AN OWNER OR REGISTRANT OF
AN ELECTRIC VEHICLE OR PLUG-IN HYBRID ELECTRIC VEHICLE
SUBJECT TO AN ELECTRIC VEHICLE ROAD USER CHARGE UNDER SECTION
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9024 (RELATING TO ELECTRIC VEHICLE ROAD USER CHARGE).
* * *
"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.
* * *
"PERSON." EVERY NATURAL PERSON, FIRM, COPARTNERSHIP,
ASSOCIATION OR CORPORATION. WHENEVER USED IN ANY PROVISION
PRESCRIBING AND IMPOSING A FINE OR IMPRISONMENT, THE [TERM AS
APPLIED TO ASSOCIATIONS MEANS THE PARTNERS OR MEMBERS AND AS
APPLIED TO CORPORATIONS MEANS THE OFFICERS THEREOF.] TERMS FIRM,
COPARTNERSHIP, ASSOCIATION AND CORPORATION SHALL BE SUBJECT TO
18 PA.C.S. ยง 307 (RELATING TO LIABILITY OF ORGANIZATIONS AND
CERTAIN RELATED PERSONS). WITH RESPECT ONLY TO THE SALE OF
ALTERNATIVE FUELS, A COMMONWEALTH AGENCY AND A POLITICAL
SUBDIVISION MAY BE CONSIDERED A " PERSON. "
* * *
SECTION 3. SECTION 9004(E)(4) OF TITLE 75 IS AMENDED AND
SUBSECTION (D) IS AMENDED BY ADDING A PARAGRAPH TO READ:
ยง 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
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ALTERNATIVE FUEL DEALER-USER TO THE OWNER OR REGISTRANT
OF AN ELECTRIC VEHICLE OR PLUG-IN HYBRID ELECTRIC VEHICLE
THAT IS SUBJECT TO THE ELECTRIC VEHICLE ROAD USER CHARGE.
(II) PROHIBIT THE ALTERNATIVE FUEL DEALER-USER FROM
PASSING ONTO THE OWNER OR REGISTRANT OF AN ELECTRIC
VEHICLE OR PLUG-IN HYBRID ELECTRIC VEHICLE THAT IS
SUBJECT TO THE ELECTRIC VEHICLE ROAD USER CHARGE ANY
COSTS ASSOCIATED WITH THE REPORTING AND PAYMENT OF THE
TAX UNDER THIS SUBSECTION.
(E) EXCEPTIONS.--THE TAX IMPOSED UNDER SUBSECTIONS (B), (C)
AND (D) SHALL NOT APPLY TO LIQUID FUELS, FUELS OR ALTERNATIVE
FUELS:
* * *
(4) DELIVERED TO THIS COMMONWEALTH, A POLITICAL
SUBDIVISION, A VOLUNTEER FIRE COMPANY, A VOLUNTEER AMBULANCE
SERVICE, A VOLUNTEER RESCUE SQUAD, A SECOND CLASS COUNTY PORT
AUTHORITY, AN ELECTRIC COOPERATIVE CORPORATION AS DEFINED
UNDER 15 PA.C.S. ยง 7302(A) (RELATING TO APPLICATION OF
CHAPTER) OR A NONPUBLIC SCHOOL NOT OPERATED FOR PROFIT ON
PRESENTATION OF EVIDENCE SATISFACTORY TO THE DEPARTMENT.
* * *
SECTION 4. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
ยง 9024. ELECTRIC VEHICLE ROAD USER CHARGE.
(A) IMPOSITION.--OWNERS OR REGISTRANTS OF ELECTRIC VEHICLES
AND PLUG-IN HYBRID ELECTRIC VEHICLES WITH A GROSS VEHICLE WEIGHT
RATING OF NOT MORE THAN 14,000 POUNDS SHALL PAY AN ANNUAL
ELECTRIC VEHICLE ROAD USER CHARGE AS PROVIDED UNDER SUBSECTION
(C.1) , WHICH SHALL BE CONCURRENT WITH PAYING THE VEHICLE
REGISTRATION FEE IMPOSED UNDER CHAPTER 13 (RELATING TO
REGISTRATION OF VEHICLES).
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(B) NEW OR TEMPORARY VEHICLE REGISTRATION.--NEW OR TEMPORARY
REGISTRATION FOR AN ELECTRIC VEHICLE OR PLUG-IN HYBRID ELECTRIC
VEHICLE ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
SHALL BE SUBJECT TO THE ELECTRIC VEHICLE ROAD USER CHARGE
IMPOSED UNDER SUBSECTION (A). THE DEPARTMENT OF TRANSPORTATION
SHALL SEND A FORM TO THE OWNER OR REGISTRANT FOR THE PAYMENT OF
THE ELECTRIC VEHICLE ROAD USER CHARGE FOR THE INITIAL
REGISTRATION CONSISTENT WITH CHAPTER 13.
(C) RENEWAL OF VEHICLE REGISTRATION.--AT LEAST 60 DAYS PRIOR
TO THE EXPIRATION OF REGISTRATION FOR AN ELECTRIC VEHICLE OR
PLUG-IN HYBRID ELECTRIC VEHICLE UNDER SUBSECTION (A), THE
D EPARTMENT OF TRANSPORTATION SHALL SEND TO THE OWNER OR
REGISTRANT A FORM FOR THE PAYMENT OF THE ELECTRIC VEHICLE ROAD
USER CHARGE FOR THE RENEWAL OF REGISTRATION CONSISTENT WITH
CHAPTER 13.
(C.1) COMPUTATION OF ELECTRIC VEHICLE ROAD USER CHARGE.--
(1) THE ELECTRIC VEHICLE ROAD USER CHARGE FOR AN
ELECTRIC VEHICLE SHALL BE AS FOLLOWS:
(I) $125 UPON INITIAL REGISTRATION IN 2025 OR UPON
RENEWAL OF REGISTRATION SUBMITTED TO THE DEPARTMENT OF
TRANSPORTATION FOR A REGISTRATION THAT EXPIRES IN 2025.
(II) $150 UPON INITIAL REGISTRATION IN 2026 OR UPON
RENEWAL OF REGISTRATION SUBMITTED TO THE DEPARTMENT OF
TRANSPORTATION FOR A REGISTRATION THAT EXPIRES IN 2026.
(III) $175 UPON INITIAL REGISTRATION IN 2027 OR UPON
RENEWAL OF REGISTRATION SUBMITTED TO THE DEPARTMENT OF
TRANSPORTATION FOR A REGISTRATION THAT EXPIRES IN 2027.
(IV) $200 UPON INITIAL REGISTRATION IN 2028 OR UPON
RENEWAL OF REGISTRATION SUBMITTED TO THE DEPARTMENT OF
TRANSPORTATION FOR A REGISTRATION THAT EXPIRES IN 2028.
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(V) $225 UPON INITIAL REGISTRATION IN 2029 OR UPON
RENEWAL OF REGISTRATION SUBMITTED TO THE DEPARTMENT OF
TRANSPORTATION FOR A REGISTRATION THAT EXPIRES IN 2029.
(VI) THE AMOUNT UNDER PARAGRAPH (2) UPON INITIAL
REGISTRATION IN 2030 AND EACH YEAR THEREAFTER OR UPON
RENEWAL OF REGISTRATION SUBMITTED TO THE DEPARTMENT OF
TRANSPORTATION FOR A REGISTRATION THAT EXPIRES IN 2030
AND EACH YEAR THEREAFTER.
(2) ON JANUARY 1, 2030, AND EACH JANUARY 1 THEREAFTER,
THE ELECTRIC VEHICLE ROAD USER CHARGE SHALL BE FIXED ANNUALLY
BY THE DEPARTMENT OF TRANSPORTATION BASED UPON THE ELECTRIC
VEHICLE ROAD USER CHARGE IN THE PRIOR YEAR AS ADJUSTED TO
REFLECT THE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS (CPI-U) FOR THE UNITED STATES FOR ALL ITEMS AS
PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF
LABOR STATISTICS, FOR THE PREVIOUS 12-MONTH PERIOD. THE
ELECTRIC VEHICLE ROAD USER CHARGE AS ADJUSTED SHALL BE
ROUNDED TO THE NEAREST MULTIPLE OF $1. THE DEPARTMENT OF
TRANSPORTATION SHALL TRANSMIT NOTICE OF THE NEW ELECTRIC
VEHICLE ROAD USER CHARGE TO THE LEGISLATIVE REFERENCE BUREAU
BY THE PRECEDING DECEMBER 1 FOR PUBLICATION IN THE NEXT
AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN NO LATER THAN
THE PRECEDING DECEMBER 15.
(3) THE ELECTRIC VEHICLE ROAD USER CHARGE FOR A PLUG-IN
HYBRID ELECTRIC VEHICLE SHALL BE 25% OF THE ELECTRIC VEHICLE
ROAD USER CHARGE FOR AN ELECTRIC VEHICLE UNDER PARAGRAPH (1)
AND SHALL BE ROUNDED TO THE NEAREST MULTIPLE OF $1 AS
DETERMINED BY THE DEPARTMENT OF TRANSPORTATION.
(4) IF AN OWNER OR REGISTRANT OF AN ELECTRIC VEHICLE OR
PLUG-IN HYBRID ELECTRIC VEHICLE ELECTS TO PAY AN ANNUAL
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REGISTRATION FEE FOR A TWO-YEAR REGISTRATION PERIOD AS
PROVIDED UNDER SECTION 1307(G) (RELATING TO PERIOD OF
REGISTRATION), THE ELECTRIC VEHICLE ROAD USER CHARGE SHALL BE
TWO TIMES THE AMOUNT REQUIRED BY THIS SECTION AS DETERMINED
BY THE DEPARTMENT OF TRANSPORTATION.
(D) ENROLLMENT.--
(1) THE D EPARTMENT OF TRANSPORTATION SHALL PERMIT OWNERS
OR REGISTRANTS OF ELECTRIC VEHICLES AND PLUG-IN HYBRID
ELECTRIC VEHICLES UNDER SUBSECTION (A) TO PAY THE ELECTRIC
VEHICLE ROAD USER CHARGE AS FOLLOWS:
(I) ENROLL IN A FLAT CHARGE OF THE AMOUNT REQUIRED
UNDER SUBSECTION (C.1) PER YEAR TO THE DEPARTMENT OF
TRANSPORTATION PROVIDED BY CREDIT OR DEBIT CARD, CHECK OR
MONEY ORDER OR ANY OTHER PAYMENT METHOD APPROVED BY THE
D EPARTMENT OF TRANSPORTATION . OWNERS OR REGISTRANTS WHO
ELECT THIS OPTION MAY ENROLL IN A PAPER FORM PRESCRIBED
AND FURNISHED BY THE DEPARTMENT OF TRANSPORTATION INSTEAD
OF ELECTRONICALLY.
(II) ENROLL IN A PAYMENT PLAN OF THE AMOUNT REQUIRED
UNDER SUBSECTION (C.1) DIVIDED INTO MONTHLY PAYMENTS
DURING THE REGISTRATION PERIOD TO THE DEPARTMENT OF
TRANSPORTATION BY CREDIT OR DEBIT CARD, CHECK OR MONEY
ORDER OR ANY OTHER PAYMENT METHOD APPROVED BY THE
DEPARTMENT OF TRANSPORTATION. OWNERS OR REGISTRANTS WHO
ELECT THIS OPTION MAY ENROLL IN A PAPER FORM PRESCRIBED
AND FURNISHED BY THE DEPARTMENT OF TRANSPORTATION INSTEAD
OF ELECTRONICALLY.
(2) THE CHARGES UNDER PARAGRAPH (1) SHALL NOT INCLUDE A
FEDERAL TAX, FEE, LEVY OR CHARGE, AND AN OWNER OR REGISTRANT
OF AN ELECTRIC VEHICLE OR PLUG-IN HYBRID ELECTRIC VEHICLE
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SHALL BE RESPONSIBLE FOR PAYING ANY TAX, FEE, LEVY OR CHARGE
IMPOSED BY THE CONGRESS OF THE UNITED STATES AFTER THE
EFFECTIVE DATE OF THIS PARAGRAPH.
(E) CONCURRENT REGISTRATION.--THE REGISTRATION OF ELECTRIC
VEHICLES AND PLUG-IN HYBRID ELECTRIC VEHICLES SHALL NOT BE VALID
UNLESS THE OWNER OR REGISTRANT ENROLLS IN A PAYMENT OPTION UNDER
SUBSECTION (D).
(F) PENALTY.--FAILURE TO PAY THE ELECTRIC VEHICLE ROAD USER
CHARGE WITHIN 30 DAYS OF THE ENROLLMENT DATE ESTABLISHED BY THE
D EPARTMENT OF TRANSPORTATION SHALL RESULT IN A PROHIBITION ON
RENEWAL OF THE ELECTRIC VEHICLE'S OR PLUG-IN HYBRID ELECTRIC
VEHICLE'S REGISTRATION. THE D EPARTMENT OF TRANSPORTATION MAY NOT
PROHIBIT THE RENEWAL OF A VEHICLE REGISTRATION UNDER SUBSECTION
(D)(1)(II) IF THE ELECTRIC VEHICLE'S OR PLUG-IN HYBRID ELECTRIC
VEHICLE'S OWNER OR REGISTRANT IS ENROLLED IN A PAYMENT PLAN AND
MAKES TIMELY PAYMENTS ACCORDING TO THE SCHEDULE ESTABLISHED BY
THE D EPARTMENT OF TRANSPORTATION .
(G) LIABILITY FOR UNPAID TAX AMOUNTS.--THE OWNER OR
REGISTRANT OF A VEHICLE SUBJECT TO THE ELECTRIC VEHICLE ROAD
USER CHARGE UNDER THIS SECTION 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 TAX, EXEMPTIONS AND DEDUCTIONS).
(H) LIENS, PENALTIES AND INTEREST PROHIBITED.--THE
DEPARTMENT MAY NOT IMPOSE LIENS, PENALTIES OR INTEREST ON THE
OWNER OR REGISTRANT OF A VEHICLE SUBJECT TO THE ELECTRIC VEHICLE
ROAD USER CHARGE UNDER THIS SECTION FOR ANY UNPAID TAX AMOUNT
OWED TO THE DEPARTMENT PRIOR TO THE EFFECTIVE DATE OF THIS
SUBSECTION FOR THE TAX IMPOSED UNDER SECTION 9004(D).
(I) CRIMINAL PENALTIES AND FINES PROHIBITED.--THE OWNER OF A
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VEHICLE SUBJECT TO THE ELECTRIC VEHICLE ROAD USER CHARGE UNDER
THIS SECTION 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).
(J) CHARGES FOR HIGHWAY MAINTENANCE AND CONSTRUCTION.--THE
ELECTRIC VEHICLE ROAD USER CHARGE COLLECTED BY THE DEPARTMENT OF
TRANSPORTATION UNDER THIS SECTION SHALL BE TRANSMITTED TO THE
STATE TREASURER FOR DEPOSIT INTO 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 USER CHARGE WITH THE ALLOCATIONS OF PROCEEDS, THE
ELECTRIC VEHICLE ROAD USER CHARGE MUST BE ALLOCATED IN
ACCORDANCE WITH THE OIL COMPANY FRANCHISE TAX FOR HIGHWAY
MAINTENANCE AND CONSTRUCTION UNDER SECTION 9502 (RELATING TO
IMPOSITION OF TAX).
(K) EXCEPTIONS.--THE FOLLOWING ELECTRIC VEHICLES AND PLUG-IN
HYBRID ELECTRIC VEHICLES SHALL NOT BE REQUIRED TO PAY THE
ELECTRIC VEHICLE ROAD USER CHARGE UNDER THIS SECTION:
(1) A GOLF CART.
(2) A NEIGHBORHOOD ELECTRIC VEHICLE.
(3) A MOTORCYCLE OR OTHER VEHICLE WITH LESS THAN FOUR
WHEELS.
(4) A VEHICLE THAT IS NOT REQUIRED TO BE REGISTERED WITH
THE DEPARTMENT OF TRANSPORTATION UNDER THIS TITLE.
(5) A VEHICLE REGISTERED TO A PERSON EXEMPT UNDER
SECTION 9004(E) FROM REPORTING AND PAYING A TAX ON LIQUID
FUELS, FUELS OR ALTERNATIVE FUELS.
(6) QUALIFIED MOTOR VEHICLES AS DEFINED UNDER SECTION
2101.1 (RELATING TO DEFINITIONS).
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(7) A MOTOR VEHICLE WITH A MODEL YEAR OF 1990 OR OLDER.
(L) EXEMPT ENTITIES.--
(1) IF A 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 9017
(RELATING TO REFUNDS).
(2) AN EXEMPT ENTITY APPLYING FOR A REFUND UNDER
SUBSECTION (M) 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).
(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 OF PLUG-
IN HYBRID ELECTRIC VEHICLE AS PERMITTED UNDER PARAGRAPH (3)
COMMITS A SUMMARY OFFENSE AND SHALL PAY A FINE OF $500 FOR
EACH ELECTRIC VEHICLE AND PLUG-IN HYBRID ELECTRIC VEHICLE
OWNED OR OPERATED BY THE EXEMPT ENTITY.
(M) REFUNDS.--A PERSON MAY BE ENTITLED TO A REFUND OF THE
ELECTRIC VEHICLE ROAD USER CHARGE PAID FOR A VEHICLE THAT WOULD
OTHERWISE HAVE BEEN EXEMPT UNDER SECTION 9004. A PERSON ENTITLED
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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.
(N) RENTAL VEHICLES.--THE ELECTRIC VEHICLE ROAD USER CHARGE
UNDER THIS SECTION SHALL BE CONSIDERED A RENTAL VEHICLE
LICENSING AND TITLE FEE IMPOSED BY THE COMMONWEALTH UNDER THIS
TITLE FOR THE PURPOSES OF SECTION 1603-A OF THE ACT OF MARCH 4,
1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971 .
(O) REGULATIONS.--THE DEPARTMENT OF TRANSPORTATION, IN
CONSULTATION WITH THE DEPARTMENT, MAY PROMULGATE REGULATIONS TO
IMPLEMENT THIS SECTION.
(P) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE
PROMPT IMPLEMENTATION OF THIS SECTION, REGULATIONS PROMULGATED
BY THE DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE
DEPARTMENT UNDER THIS SECTION DURING THE TWO YEARS FOLLOWING THE
EFFECTIVE DATE OF THIS SUBSECTION SHALL BE DEEMED TEMPORARY
REGULATIONS, WHICH SHALL EXPIRE NO LATER THAN THREE YEARS
FOLLOWING THE EFFECTIVE DATE OF THIS SUBSECTION OR UPON THE
PROMPT 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) SECTION 204(B) OF THE ACT OF OCTOBER 15, 1980
(P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT .
(3) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT .
SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE ADDITION OF 75 PA.C.S. ยง 9024(D)(1)(II) SHALL
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TAKE EFFECT IN 24 MONTHS.
(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JANUARY
1, 2025.
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