PRINTER'S NO. 74
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
85
Session of
2023
INTRODUCED BY IRVIN, ARMANINI, GREINER, JAMES, KINKEAD AND
SCIALABBA, MARCH 7, 2023
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 7, 2023
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 for imposition of tax, exemptions and
deductions and providing for pilot program for electric
vehicle fee; imposing duties on the Department of Revenue;
and making an editorial change.
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:
§ 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:
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"Annual road use fee." The fee described in section 9032(a)
(1) (relating to electric vehicle fee).
* * *
"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 a qualified motor vehicle as defined under
section 2101.1 (relating to definitions).
"Electric vehicle charging station." A facility or equipment
designed to charge, by connective or inductive means, a battery
within an electric vehicle or p lug-in hybrid electric vehicle by
permitting the transfer of electricity to a battery or other
storage device in an electric vehicle.
"Electric vehicle fee." The annual road use fee or the
mileage-based user fee.
* * *
"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
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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 its drive wheels solely by a
battery-powered electric motor, but which also incorporates the
use of another fuel to power a combustion engine. The term does
not include:
(1) A vehicle capable of receiving energy from an
external source, such as an outlet or charging station.
(2) A qualified motor vehicle as defined under section
2101.1.
* * *
"Mileage-based user fee." The fee described in section
9032(a)(2).
* * *
" Plug-in hybrid electric vehicle. " A motor vehicle that:
(1) can deliver power to its drive wheels solely by a
battery-powered electric motor, but which also incorporates
the use of another fuel to power a combustion engine; and
(2) has a battery capable of receiving energy from an
external source, such as an outlet or charging station. The
term does not include a qualified motor vehicle as defined
under section 2101.1.
* * *
Section 2. Chapter 90 of Title 75 is amended by adding a
subchapter heading immediately after the chapter heading to
read:
SUBCHAPTER A
PRELIMINARY PROVISIONS
Section 3. The definition of "alternative fuel dealer-user"
in section 9002 of Title 75 is amended to read:
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§ 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."
(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 p lug-in hybrid electric
vehicles at a private residence.
(ii) Electric vehicles or p lug-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.
(iii) Electric vehicles or p lug-in hybrid electric
vehicles owned by a business or electric vehicles owned
by the employees of a business.
(iv) Electric vehicles or p lug-in hybrid electric
vehicles not operated on public highways.
(4) The term does not include an owner or registrant of
an electric vehicle or p lug-in hybrid electric vehicle
subject to an electric vehicle fee and enrolled in the pilot
program under Subchapter C (relating to pilot program for
electric vehicle fee).
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* * *
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 or registrant
of an electric vehicle or p lug-in hybrid electric vehicle
that is subject to the electric vehicle fee.
(ii) Prohibit the alternative fuel dealer-user from
passing onto the owner or registrant of an electric
vehicle or p lug-in hybrid electric vehicle that is
subject to the electric vehicle fee any costs associated
with the reporting and payment of the tax under this
subsection.
* * *
Section 5. Chapter 90 of Title 75 is amended by adding
subchapters to read:
SUBCHAPTER B
(Reserved)
SUBCHAPTER C
PILOT PROGRAM FOR ELECTRIC VEHICLE FEE
Sec.
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9031. Pilot program.
9032. Electric vehicle fee.
9033. Administration.
9034. Duties of pilot program enrollees.
9035. Alternative fuels tax.
9036. Fees for highway maintenance and construction.
9037. Enforcement.
9038. Report.
9039. Expiration.
§ 9031. Pilot program.
(a) Establishment.--A pilot program is established to impose
an electric vehicle fee on electric vehicles and plug-in hybrid
electric vehicles registered in this Commonwealth.
(b) Enrollment.--
(1) Subject to paragraph (2), an owner or registrant of
an electric vehicle or plug-in hybrid electric vehicle with a
gross vehicle weight rating of no more than 14,000 pounds
shall enroll in the pilot program.
(2) The following electric vehicles or p lug-in hybrid
electric vehicles shall not be required to enroll in the
pilot program:
(i) A neighborhood electric vehicle.
(ii) A motorcycle or other vehicle with less than
four wheels.
(iii) A vehicle that is not required to be
registered with the department under this title.
(iv) A vehicle registered to a person exempt under
section 9004(e) (relating to i mposition of tax,
exemptions and deductions ) from reporting and paying a
tax on liquid fuels, fuels or alternative fuels.
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(3) The department shall enroll vehicles in phases, with
electric vehicles in phase one and plug-in hybrid electric
vehicles in phase two.
§ 9032. Electric vehicle fee.
An electric vehicle fee is imposed on each electric vehicle
or p lug-in hybrid electric vehicle subject to enrollment in the
pilot program. The electric vehicle fee shall be as follows as
chosen by the vehicle owner or registrant:
(1) Annual road use fee. At the time of enrollment, an
owner or registrant who chooses this option shall pay a flat
annual fee. An owner or registrant shall be given the option
of either paying the entire annual fee or paying the annual
fee in an installment plan as determined by the department.
The pilot program shall have the following annual fees:
(i) An owner or registrant of an electric vehicle
shall pay an annual fee of $265.
(ii) An owner or registrant of a plug-in hybrid
electric vehicle shall pay an annual fee of $214.
(2) Mileage-based user fee. Following enrollment and
subject to paragraph (3), an owner or registrant who chooses
the mileage-based user fee option shall make monthly payments
to the department for the total miles driven by the vehicle
in the previous month. The calculation of miles driven by the
vehicle shall be according to an odometer reading of the
vehicle and self-reported by the owner or registrant to the
department. The mileage-based user fee shall be as follows:
(i) An owner or registrant of an electric vehicle
shall pay a fee of 3.1¢ per mile.
(ii) An owner or registrant of a p lug-in hybrid
electric vehicle shall pay a fee of 2.5¢ per mile.
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(3) An owner or registrant of an electric vehicle or a
p lug-in hybrid electric vehicle that chooses the mileage-
based user fee option under paragraph (2) shall not pay a
mileage-based user fee aggregate amount in a calendar year
that exceeds the annual road use fee amount under paragraph
(1).
§ 9033. Administration.
The department shall administer the pilot program as follows:
(1) The department shall establish a phased schedule in
which the owners or registrants of electric vehicles and
plug-in hybrid electric vehicles must enroll in the pilot
program. The department shall give notice to the owners or
registrants of electric vehicles and plug-in hybrid electric
vehicles about the electric vehicle fee and the time when the
owners or registrants must enroll in the pilot program.
(2) The department shall store the information received
in the pilot program in a secure, standalone database to
facilitate the analysis of data generated by the pilot
program.
(3) The department shall permit owners or registrants to
choose to pay the electric vehicle fee by:
(i) credit or debit card;
(ii) electronic funds transfer;
(iii) check or money order, if the owner or
registrant has enrolled with the paper form instead of
electronically; or
(iv) another payment method approved by the
department.
(4) The department shall generate weekly reports to
track enrollment in the pilot program and electric vehicle
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fees.
(5) At the department's discretion, the department shall
conduct random audits of the mileages reported by owners or
registrants of electric vehicles and plug-in hybrid electric
vehicles enrolled in the mileage-based user fee option.
Subject to section 9032(3) (relating to electric vehicle
fee), owners and registrants shall pay for any mileage that
was not reported after enrollment in the pilot program.
(6) The department shall maintain the confidentiality of
all information it receives and collects under the pilot
program in accordance with the requirements of Federal and
State law.
(7) The department may not impose a requirement,
condition or option of the pilot program that uses global
positioning systems or any other similar technology or device
that records location or travel information of an electric
vehicle or plug-in hybrid electric vehicle.
§ 9034. Duties of pilot program enrollees.
Owners or registrants of electric vehicles and p lug-in hybrid
electric vehicles shall:
(1) Enroll in the pilot program at the time directed by
the department.
(2) Provide the department with the following:
(i) Name and address.
(ii) County of residence.
(iii) Email address, if the individual chooses to
electronically pay the electric vehicle fee.
(iv) Vehicle make, model and model year.
(v) Registration and title number.
(3) Provide the department with the mileage of the
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vehicles at the time of enrollment and subsequently as
required by the department.
(4) Pay the electric vehicle fee as directed by the
department.
(5) If the owners or registrants choose to enroll via
paper form instead of electronically, submit a paper form
designated by the department with the payment of the electric
vehicle fee in a manner as required by the department based
on which option they chose.
(6) Comply with any audit of the vehicles' mileage
conducted by the department, if the owner or registrant chose
the mileage-based user fee option.
§ 9035. Alternative fuels tax.
(a) Liability for unpaid tax amounts.--The owner or
registrant of a vehicle subject to the electric vehicle fee and
enrolled in the pilot program shall not be liable for any unpaid
tax amount owed to the Department of Revenue prior to the
effective date of this section for the tax imposed under section
9004(d) (relating to imposition of tax, exemptions and
deductions).
(b) Liens, penalties and interest.--The Department of
Revenue may not impose liens, penalties or interest on the owner
of a vehicle subject to the electric vehicle fee and enrolled in
the pilot program for any unpaid tax amount owed to the
Department of Revenue prior to the effective date of this
section for the tax imposed under section 9004(d).
(c) Criminal penalties and fines.--The owner of a vehicle
subject to the electric vehicle fee and enrolled in the pilot
program is not subject to any criminal penalties or fines for
any unpaid tax amounts owed to the Department of Revenue prior
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to the effective date of this section for the tax imposed under
section 9004(d).
§ 9036. Fees for highway maintenance and construction.
Electric vehicle fees collected by the department under this
subchapter 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 fee
with the allocations of proceeds, the electric vehicle fee shall
be allocated in accordance with the oil company franchise tax
for highway maintenance and construction under section 9502
(relating to imposition of tax).
§ 9037. Enforcement.
(a) Penalty.--The department may not renew a registration
and transfer of title of an electric vehicle or plug-in hybrid
electric vehicle, if the owner or registrant of the vehicle
fails to:
(1) enroll in the pilot program within 90 days of the
enrollment date established by the department;
(2) pay the electric vehicle fee according to the
payment schedule established by the department and the
payment is 90 days or more late; or
(3) pays the mileage-based user fee for any unreported
mileage found by a departmental audit and the unreported
amount is not paid within 90 days of a written notice sent to
the vehicle owner or registrant.
(b) Payment plans authorized.--
(1) A vehicle owner or registrant may enter into a
payment plan with the department for the monthly payment of
an unpaid electric vehicle fee amount owed to the department
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under this subchapter.
(2) The department may not prohibit the renewal of a
vehicle registration under subsection (a) if the vehicle's
owner or registrant is enrolled in a payment plan and makes
timely payments according to the schedule established by the
department.
(c) Written notice.--The department shall send a written
notice to a vehicle owner or registrant prior to the imposition
of the penalty under subsection (a).
§ 9038. Report.
No later than January 31, 2025, and on January 31 each year
thereafter, the department shall submit a report to the chair
and minority chair of the Transportation Committee of the Senate
and the chair and minority chair of the Transportation Committee
of the House of Representatives regarding the pilot program. The
report shall include:
(1) The total number of electric vehicles and plug-in
hybrid electric vehicles enrolled in the pilot program in the
previous calendar year.
(2) The estimated total number of electric vehicles and
plug-in hybrid electric vehicles not enrolled in the pilot
program.
(3) The total amount of electric vehicle fees collected
by the department in the previous calendar year, itemized by
payment option.
(4) Suggested legislative changes to the pilot program.
(5) Other information, at the discretion of the
department.
§ 9039. Expiration.
This subchapter shall expire December 31, 2028.
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Section 6. This act shall take effect January 1, 2024, or in
six months, whichever is later.
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