HOUSE AMENDED
PRIOR PRINTER'S NOS. 683, 859, 1285,
1519 PRINTER'S NO. 1811
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, JULY 9, 2024
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated <--
2 Statutes, in general provisions, further providing for
3 definitions; in liquid fuels and fuels tax, further providing
4 for definitions and providing for electric vehicle road user
5 charge; and imposing a penalty.
6 AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED <--
7 STATUTES, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR
8 DEFINITIONS; IN LIQUID FUELS AND FUELS TAX, FURTHER PROVIDING
9 FOR DEFINITIONS AND FOR IMPOSITION OF TAX, EXEMPTIONS AND
10 DEDUCTIONS AND PROVIDING FOR ELECTRIC VEHICLE ROAD USER
11 CHARGE; AND IMPOSING A PENALTY.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The definitions of "electric vehicle" and "hybrid <--
15 electric vehicle" in section 102 of Title 75 of the Pennsylvania
16 Consolidated Statutes are amended and the section is amended by
17 adding definitions to read:
18 § 102. Definitions.
19 Subject to additional definitions contained in subsequent
20 provisions of this title which are applicable to specific
21 provisions of this title, the following words and phrases when
 1 used in this title shall have, unless the context clearly
2 indicates otherwise, the meanings given to them in this section:
3 * * *
4 "Battery." An energy power storage system that stores
5 electrical energy within the system's constituent parts.
6 * * *
7 "Electric vehicle." [A motor vehicle which operates solely
8 by use of a battery or battery pack and which meets the
9 applicable Federal motor vehicle safety standards. The term
10 includes a motor vehicle which is powered mainly through the use
11 of an electric battery or battery pack but which uses a flywheel
12 that stores energy produced by the electric motor or through
13 regenerative braking to assist in operation of the motor
14 vehicle.] A motor vehicle that delivers power to its drive wheel
15 or wheels solely by use of a battery-powered electric motor. The
16 term does not include qualified motor vehicles as defined under
17 section 2101.1 (relating to definitions).
18 * * *
19 "Hybrid electric vehicle." [An electric vehicle which allows
20 power to be delivered to the drive wheels solely by a battery-
21 powered electric motor but which also incorporates the use of a
22 combustion engine to provide power to the battery and which
23 meets the applicable Federal motor vehicle safety standards. The
24 primary source of power for the motor must be the electric
25 battery or battery pack and not the combustion engine.] A motor
26 vehicle that can deliver power to the drive wheels solely by a
27 battery-powered electric motor, and which also incorporates the
28 use of another fuel to power a combustion engine. The term does
29 not include a vehicle capable of receiving energy from an
30 external source, such as an outlet or charging station. The term
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 1 does not include qualified motor vehicles as defined under
2 section 2101.1.
3 * * *
4 "Plug-in hybrid electric vehicle." A motor vehicle that can
5 deliver power to the drive wheels solely by a battery-powered
6 electric motor and which also incorporates the use of another
7 fuel to power a combustion engine. The battery of the vehicle
8 must be capable of receiving energy from an external source,
9 such as an outlet or charging station. The term does not include
10 qualified motor vehicles as defined under section 2101.1.
11 * * *
12 Section 2. The definition of "person" in section 9002 of
13 Title 75 is amended to read:
14 § 9002. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 * * *
19 "Person." Every natural person, Commonwealth agency,
20 political subdivision, firm, copartnership, association or
21 corporation. Whenever used in any provision prescribing and
22 imposing a fine or imprisonment, the [term as applied to
23 associations means the partners or members and as applied to
24 corporations means the officers thereof.] terms firm,
25 copartnership, association and corporation shall be subject to
26 18 Pa.C.S. § 307 (relating to liability of organizations and
27 certain related persons).
28 * * *
29 Section 3. Title 75 is amended by adding a section to read:
30 § 9024. Electric vehicle road user charge.
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 1 (a) Imposition.--Owners or registrants of noncommercial
2 passenger electric vehicles with a gross vehicle weight rating
3 of not more than 14,000 pounds shall pay an electric vehicle
4 road user charge of $290 per year, which shall be concurrent
5 with paying the vehicle registration fee imposed under Chapter
6 13 (relating to registration of vehicles).
7 (b) New or temporary electric vehicle registration.--New or
8 temporary registration for an electric vehicle issued on or
9 after the effective date of this subsection shall be subject to
10 the electric vehicle road user charge imposed under subsection
11 (a). The Department of Transportation shall send a form to the
12 owner or registrant for the payment of the electric vehicle road
13 user charge for the initial registration consistent with Chapter
14 13.
15 (c) Renewal of electric vehicle registration.--At least 60
16 days prior to the expiration of registration for an electric
17 vehicle under subsection (a), the Department of Transportation
18 shall send to the owner or registrant a form for the payment of
19 the electric vehicle road user charge for the renewal of
20 registration consistent with Chapter 13.
21 (d) Enrollment.--
22 (1) The Department of Transportation shall permit owners
23 or registrants of electric vehicles under subsection (a) to
24 pay the electric vehicle road user charge as follows:
25 (i) Enroll in a flat charge of $290 per year
26 provided by credit or debit card, electronic funds
27 transfer or check or money order to the Department of
28 Transportation. Owners or registrants who elect this
29 option may enroll in a paper form prescribed and
30 furnished by the Department of Transportation instead of
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 1 electronically.
2 (ii) Enroll in an electronic payment plan of $24.17
3 per month by credit or debit card or electronic funds
4 transfer to the Department of Transportation.
5 (2) The charges under paragraph (1)(i) and (ii) shall
6 not include a Federal tax, fee, levy or charge, and an owner
7 or registrant of an electric vehicle shall be responsible for
8 paying any tax, fee, levy or charge imposed by the Congress
9 of the United States after the effective date of this
10 paragraph.
11 (e) Concurrent registration.--The registration of electric
12 vehicles shall not be valid unless the owner or registrant
13 enrolls in a payment option under subsection (d).
14 (f) Penalty.--Failure to pay the electric vehicle road user
15 charge within 30 days of the enrollment date established by the
16 Department of Transportation shall result in the imposition of
17 penalties and a prohibition on renewal of the electric vehicle's
18 registration or transfer of title. The Department of
19 Transportation may not prohibit the renewal of a vehicle
20 registration under subsection (d)(1)(ii) if the electric
21 vehicle's owner or registrant is enrolled in a payment plan and
22 makes timely payments according to the schedule established by
23 the Department of Transportation.
24 (g) Residential exemption from alternative fuels tax.--
25 Electric vehicles subject to the electric vehicle road user
26 charge under subsection (a) are exempt from the tax imposed
27 under section 9004(d) (relating to imposition of tax, exemptions
28 and deductions) only if the electricity is derived from the
29 legal residence of the owner or registrant.
30 (h) Liability for unpaid tax amounts.--The owner or
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 1 registrant of an electric vehicle subject to the electric
2 vehicle road user charge under this section shall not be liable
3 for any unpaid tax amount owed to the department from the legal
4 residence of the owner or registrant prior to the effective date
5 of this section for the tax imposed under section 9004(d).
6 (i) Liens, penalties and interest prohibited.--The
7 department may not impose liens, penalties or interest on the
8 owner or registrant of an electric vehicle subject to the
9 electric vehicle road user charge under this section for any
10 unpaid tax amount owed to the department from the legal
11 residence of the owner or registrant prior to the effective date
12 of this subsection for the tax imposed under section 9004(d).
13 (j) Criminal penalties and fines prohibited.--The owner of
14 an electric vehicle subject to the electric vehicle road user
15 charge under this section shall not be subject to any criminal
16 penalties or fines under this chapter for any unpaid tax amounts
17 owed to the department from the legal residence of the owner or
18 registrant prior to the effective date of this section for the
19 tax imposed under section 9004(d).
20 (k) Charges for highway maintenance and construction.--The
21 electric vehicle road user charge collected by the department
22 under this section shall be transmitted to the State Treasurer
23 for deposit into the Motor License Fund in accordance with the
24 allocations under section 9511 (relating to allocation of
25 proceeds). For purposes of aligning the electric vehicle road
26 user charge with the allocations of proceeds, the electric
27 vehicle road user charge must be allocated in accordance with
28 the oil company franchise tax for highway maintenance and
29 construction under section 9502 (relating to imposition of tax).
30 (l) Exceptions.--Owners or registrants of electric vehicles
20230SB0656PN1811 - 6 -
 1 consistent with subsection (a) that are owners or registrants
2 under section 9004(e) are exempt from paying the electric
3 vehicle road user charge.
4 (m) Regulations.--The Department of Transportation may
5 promulgate regulations to implement this section.
6 (n) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection unless the context clearly indicates otherwise:
9 "Electric vehicle." The term shall not include a golf cart,
10 neighborhood electric vehicle and motorcycle, MOTORCYCLE OR A <--
11 MOTOR VEHICLE WITH A MODEL YEAR OF 1990 OR OLDER.
12 Section 4. This act shall take effect January 1, 2024, or
13 immediately, whichever is later.
14 SECTION 1. THE DEFINITIONS OF "ELECTRIC VEHICLE" AND "HYBRID <--
15 ELECTRIC VEHICLE" IN SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA
16 CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION IS AMENDED BY
17 ADDING DEFINITIONS TO READ:
18 § 102. DEFINITIONS.
19 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
20 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
21 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
22 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
23 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
24 * * *
25 "BATTERY." AN ENERGY POWER STORAGE SYSTEM THAT STORES
26 ELECTRICAL ENERGY WITHIN THE SYSTEM'S CONSTITUENT PARTS.
27 * * *
28 "ELECTRIC VEHICLE." [A MOTOR VEHICLE WHICH OPERATES SOLELY
29 BY USE OF A BATTERY OR BATTERY PACK AND WHICH MEETS THE
30 APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS. THE TERM
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 1 INCLUDES A MOTOR VEHICLE WHICH IS POWERED MAINLY THROUGH THE USE
2 OF AN ELECTRIC BATTERY OR BATTERY PACK BUT WHICH USES A FLYWHEEL
3 THAT STORES ENERGY PRODUCED BY THE ELECTRIC MOTOR OR THROUGH
4 REGENERATIVE BRAKING TO ASSIST IN OPERATION OF THE MOTOR
5 VEHICLE.] A MOTOR VEHICLE THAT DELIVERS POWER TO ITS DRIVE WHEEL
6 OR WHEELS SOLELY BY USE OF A BATTERY-POWERED ELECTRIC MOTOR.
7 "ELECTRIC VEHICLE CHARGING STATION." A FACILITY OR EQUIPMENT
8 DESIGNED TO CHARGE, BY CONNECTIVE OR INDUCTIVE MEANS, A BATTERY
9 WITHIN AN ELECTRIC VEHICLE OR PLUG-IN HYBRID ELECTRIC VEHICLE BY
10 PERMITTING THE TRANSFER OF ELECTRICITY TO A BATTERY OR OTHER
11 STORAGE DEVICE IN AN ELECTRIC VEHICLE.
12 * * *
13 "HYBRID ELECTRIC VEHICLE." [AN ELECTRIC VEHICLE WHICH ALLOWS
14 POWER TO BE DELIVERED TO THE DRIVE WHEELS SOLELY BY A BATTERY-
15 POWERED ELECTRIC MOTOR BUT WHICH ALSO INCORPORATES THE USE OF A
16 COMBUSTION ENGINE TO PROVIDE POWER TO THE BATTERY AND WHICH
17 MEETS THE APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS. THE
18 PRIMARY SOURCE OF POWER FOR THE MOTOR MUST BE THE ELECTRIC
19 BATTERY OR BATTERY PACK AND NOT THE COMBUSTION ENGINE.] AS
20 FOLLOWS:
21 (1) A MOTOR VEHICLE USING A COMBUSTION ENGINE OR
22 REGENERATIVE BRAKING TO CHARGE A BATTERY TO DELIVER POWER TO:
23 (I) THE DRIVE WHEEL OR WHEELS; OR
24 (II) VEHICLE SYSTEMS OTHER THAN PROPULSION.
25 (2) THE TERM DOES NOT INCLUDE MOTOR VEHICLES CAPABLE OF
26 RECEIVING ENERGY FROM AN EXTERNAL SOURCE SUCH AS AN OUTLET OR
27 CHARGING STATION.
28 * * *
29 "PLUG-IN HYBRID ELECTRIC VEHICLE." A MOTOR VEHICLE THAT CAN
30 DELIVER POWER TO THE DRIVE WHEELS SOLELY BY A BATTERY-POWERED
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 1 ELECTRIC MOTOR BUT WHICH ALSO INCORPORATES THE USE OF ANOTHER
2 FUEL TO POWER A COMBUSTION ENGINE. THE BATTERY OF THE VEHICLE
3 MUST BE CAPABLE OF RECEIVING ENERGY FROM AN EXTERNAL SOURCE,
4 SUCH AS AN OUTLET OR CHARGING STATION.
5 * * *
6 SECTION 2. THE DEFINITIONS OF "ALTERNATIVE FUEL DEALER-USER"
7 AND "PERSON" IN SECTION 9002 OF TITLE 75 ARE AMENDED AND THE
8 SECTION IS AMENDED BY ADDING A DEFINITION TO READ:
9 § 9002. DEFINITIONS.
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
11 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
12 CONTEXT CLEARLY INDICATES OTHERWISE:
13 * * *
14 "ALTERNATIVE FUEL DEALER-USER." AS FOLLOWS:
15 (1) ANY PERSON WHO DELIVERS OR PLACES ALTERNATIVE FUELS
16 INTO THE FUEL SUPPLY TANK OR OTHER DEVICE OF A VEHICLE FOR
17 USE ON THE PUBLIC HIGHWAYS.
18 (2) THE TERM INCLUDES A PERSON THAT PROVIDES AN ELECTRIC
19 VEHICLE CHARGING STATION FOR PUBLIC USE, REGARDLESS OF
20 WHETHER COMPENSATION IS RECEIVED FOR THE PUBLIC USE.
21 (3) THE TERM DOES NOT INCLUDE A PERSON THAT PROVIDES AN
22 ELECTRIC VEHICLE CHARGING STATION USED EXCLUSIVELY TO CHARGE:
23 (I) ELECTRIC VEHICLES OR PLUG-IN HYBRID ELECTRIC
24 VEHICLES AT A PRIVATE RESIDENCE.
25 (II) ELECTRIC VEHICLES OR PLUG-IN HYBRID ELECTRIC
26 VEHICLES OWNED BY TENANTS, RESIDENTS OR NONLOCAL VISITORS <--
27 OF A COMMON INTEREST DEVELOPMENT OR OTHER GROUP OF
28 PRIVATE RESIDENCES WITHIN A GEOGRAPHIC LOCATION.
29 (4) THE TERM DOES NOT INCLUDE AN OWNER OR REGISTRANT OF
30 AN ELECTRIC VEHICLE OR PLUG-IN HYBRID ELECTRIC VEHICLE
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 1 SUBJECT TO AN ELECTRIC VEHICLE ROAD USER CHARGE UNDER SECTION
2 9024 (RELATING TO ELECTRIC VEHICLE ROAD USER CHARGE).
3 * * *
4 "EXEMPT ENTITY." A PERSON EXEMPT UNDER SECTION 9004(E)
5 (RELATING TO IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS) FROM
6 REPORTING AND PAYING A TAX ON LIQUID FUELS, FUELS OR ALTERNATIVE
7 FUELS IMPOSED BY THIS CHAPTER.
8 * * *
9 "PERSON." EVERY NATURAL PERSON, FIRM, COPARTNERSHIP,
10 ASSOCIATION OR CORPORATION. WHENEVER USED IN ANY PROVISION
11 PRESCRIBING AND IMPOSING A FINE OR IMPRISONMENT, THE [TERM AS
12 APPLIED TO ASSOCIATIONS MEANS THE PARTNERS OR MEMBERS AND AS
13 APPLIED TO CORPORATIONS MEANS THE OFFICERS THEREOF.] TERMS FIRM,
14 COPARTNERSHIP, ASSOCIATION AND CORPORATION SHALL BE SUBJECT TO
15 18 PA.C.S. § 307 (RELATING TO LIABILITY OF ORGANIZATIONS AND
16 CERTAIN RELATED PERSONS). WITH RESPECT ONLY TO THE SALE OF
17 ALTERNATIVE FUELS, A COMMONWEALTH AGENCY AND A POLITICAL
18 SUBDIVISION MAY BE CONSIDERED A "PERSON."
19 * * *
20 SECTION 3. SECTION 9004(E)(4) OF TITLE 75 IS AMENDED AND
21 SUBSECTION (D) IS AMENDED BY ADDING A PARAGRAPH TO READ:
22 § 9004. IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS.
23 * * *
24 (D) ALTERNATIVE FUELS TAX.--
25 * * *
26 (3) NOTHING CONTAINED IN THIS CHAPTER SHALL BE CONSTRUED<