Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                          S.B. 155
Approved for Filing: K. Orton 6                               st
                                                                    1 Sub. (Green)
         6 01-31-24 10:34 AM 6
                         Senator Wayne A. Harper proposes the following substitute bill:
                ROAD USAGE CHARGE PROGRAM AMENDMENTS
                                        2024 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Wayne A. Harper
                               House Sponsor: Kay J. Christofferson
 6
 LONG TITLE
 General Description:
        This bill makes changes to Title 41, Motor Vehicles, and Title 72, Transportation Code,
 regarding alternative fuel vehicles.
 Highlighted Provisions:
        This bill:
        < makes changes to the road usage charge program;
        < addresses registration fees for alternative fuel vehicles;
        < updates current registration fees; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.                                              1 stSub. S.B. 155
 Utah Code Sections Affected:
 AMENDS:
        41-1a-1206, as last amended by Laws of Utah 2023, Chapters 22, 33 and 464
        72-1-213.1, as last amended by Laws of Utah 2022, Chapters 56, 259
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     *SB0155S01*
       1st Sub. (Green) S.B. 155                                                01-31-24 10:34 AM
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 41-1a-1206 is amended to read:
        41-1a-1206. Registration fees -- Fees by gross laden weight.
        (1) Except as provided in Subsections (2) and (3), at the time application is made for
 registration or renewal of registration of a vehicle or combination of vehicles under this
 chapter, a registration fee shall be paid to the division as follows:
        (a) [$46.00] $57.75 for each motorcycle;
        (b) [$44] $54.75 for each motor vehicle of 12,000 pounds or less gross laden weight,
 excluding motorcycles;
        (c) unless the semitrailer or trailer is exempt from registration under Section 41-1a-202
 or is registered under Section 41-1a-301:
        (i) [$31] $39.25 for each trailer or semitrailer over 750 pounds gross unladen weight;
 or
        (ii) [$28.50] $35.75 for each commercial trailer or commercial semitrailer of 750
 pounds or less gross unladen weight;
        (d) [(i) $53] $66.25 for each farm truck over 12,000 pounds, but not exceeding 14,000
 pounds gross laden weight[;], plus [(ii)] $9 for each 2,000 pounds over 14,000 pounds gross
 laden weight;
        (e) [(i) $69.50] $86.50 for each motor vehicle or combination of motor vehicles,
 excluding farm trucks, over 12,000 pounds, but not exceeding 14,000 pounds gross laden
 weight[;], plus [(ii)] $19 for each 2,000 pounds over 14,000 pounds gross laden weight;
        (f) [(i) $69.50] $86.50 for each park model recreational vehicle over 12,000 pounds,
 but not exceeding 14,000 pounds gross laden weight[;], plus [(ii)] $19 for each 2,000 pounds
 over 14,000 pounds gross laden weight;
        (g) [$45] $56.50 for each vintage vehicle that has a model year of 1983 or newer;
        (h) in addition to the fee described in Subsection (1)(b):
        (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
        (A) each electric motor vehicle; and
        (B) Each motor vehicle not described in this Subsection (1)(h) that is fueled
 exclusively by a source other than motor fuel, diesel fuel, natural gas, or propane;
        (ii) [$21.75] $23.25 for each hybrid electric motor vehicle; and
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       01-31-24 10:34 AM                                                         1st Sub. (Green) S.B. 155
         (iii) [$56.50] $60.25 for each plug-in hybrid electric motor vehicle; and
         (i) in addition to the fee described in Subsection (1)(g), for a vintage vehicle that has a
 model year of 1983 or newer, 50 cents.
         (2) (a) At the time application is made for registration or renewal of registration of a
 vehicle under this chapter for a six-month registration period under Section 41-1a-215.5, a
 registration fee shall be paid to the division as follows:
         (i) [$34.50] $43.50 for each motorcycle; and
         (ii) [$33.50] $42.25 for each motor vehicle of 12,000 pounds or less gross laden
 weight, excluding motorcycles.
         (b) In addition to the fee described in Subsection (2)(a)(ii), for registration or renewal
 of registration of a vehicle under this chapter for a six-month registration period under Section
 41-1a-215.5 a registration fee shall be paid to the division as follows:
         (i) an amount equal to the road usage charge cap described in Section 72-1-213.1 for:
         (A) each electric motor vehicle; and
         (B) each motor vehicle not described in this Subsection (2)(b) that is fueled exclusively
 by a source other than motor fuel, diesel fuel, natural gas, or propane;
         (ii) [$16.50] $17.75 for each hybrid electric motor vehicle; and
         (iii) [$43.50] $46.25 for each plug-in hybrid electric motor vehicle.
         (3) [(a)] Beginning on January 1, 2024, at the time of registration:
         [(i)] (a) in addition to the amounts described in Subsections (1)(a), (1)(b), (1)(c)(i),
 (1)(c)(ii), (1)(d)(i), (1)(e)(i), (1)(f)(i), (1)(g), (1)(h), (4)(a), and [(7)] (8), the individual shall
 also pay an additional $7 as part of the registration fee; and
         [(ii)] (b) in addition to the amounts described in Subsection (2)(a), the individual shall
 also pay an additional $5 as part of the registration fee.
         [(b) (i) Beginning on January 1, 2019, the commission shall, on January 1, annually
 adjust the registration fees described in Subsections (1)(a), (1)(b), (1)(c)(i), (1)(c)(ii), (1)(d)(i),
 (1)(e)(i), (1)(f)(i), (1)(g), (2)(a), (3)(a), (4)(a), and (7), by taking the registration fee rate for the
 previous year and adding an amount equal to the greater of:]
         [(A) an amount calculated by multiplying the registration fee of the previous year by
 the actual percentage change during the previous fiscal year in the Consumer Price Index; and]
         [(B) 0.]
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        1st Sub. (Green) S.B. 155                                                   01-31-24 10:34 AM
         [(ii) Beginning on January 1, 2024, the commission shall, on January 1, annually adjust
 the registration fees described in Subsections (1)(h)(ii) and (iii) and (2)(b)(ii) and (iii) by taking
 the registration fee rate for the previous year and adding an amount equal to the greater of:]
         [(A) an amount calculated by multiplying the registration fee of the previous year by
 the actual percentage change during the previous fiscal year in the Consumer Price Index; and]
         [(B) 0.]
         [(c) The amounts calculated as described in Subsection (3)(b) shall be rounded up to
 the nearest 25 cents.]
         (4) (a) The initial registration fee for a vintage vehicle that has a model year of 1982 or
 older is [$40] $50.
         (b) A vintage vehicle that has a model year of 1982 or older is exempt from the
 renewal of registration fees under Subsection (1).
         (c) A vehicle with a Purple Heart special group license plate issued on or before
 December 31, 2023, or issued in accordance with Part 16, Sponsored Special Group License
 Plates, is exempt from the registration fees under Subsection (1).
         (d) A camper is exempt from the registration fees under Subsection (1).
         (5) (a) The commission shall, on January 1, annually adjust all registration fees
 described in this section by taking the registration fee rate for the previous year and adding an
 amount equal to the greater of:
         (i) an amount calculated by multiplying the registration fee of the previous year by the
 actual percentage change during the previous fiscal year in the Consumer Price Index; and
         (ii) zero.
         (b) The commission shall round up the adjustment described in Subsection (5)(a) to the
 nearest 25 cents.
         [(5)] (6) If a motor vehicle is operated in combination with a semitrailer or trailer, each
 motor vehicle shall register for the total gross laden weight of all units of the combination if the
 total gross laden weight of the combination exceeds 12,000 pounds.
         [(6)] (7) (a) Registration fee categories under this section are based on the gross laden
 weight declared in the licensee's application for registration.
         (b) Gross laden weight shall be computed in units of 2,000 pounds. A fractional part
 of 2,000 pounds is a full unit.
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        01-31-24 10:34 AM                                                  1st Sub. (Green) S.B. 155
        [(7)] (8) The owner of a commercial trailer or commercial semitrailer may, as an
 alternative to registering under Subsection (1)(c), apply for and obtain a special registration and
 license plate for a fee of [$130] $161.50.
        [(8)] (9) Except as provided in Section 41-6a-1642, a truck may not be registered as a
 farm truck unless:
        (a) the truck meets the definition of a farm truck under Section 41-1a-102; and
        (b) (i) the truck has a gross vehicle weight rating of more than 12,000 pounds; or
        (ii) the truck has a gross vehicle weight rating of 12,000 pounds or less and the owner
 submits to the division a certificate of emissions inspection or a waiver in compliance with
 Section 41-6a-1642.
        [(9)] (10) A violation of Subsection [(8)] (9) is an infraction that shall be punished by a
 fine of not less than $200.
        [(10)] (11) Trucks used exclusively to pump cement, bore wells, or perform crane
 services with a crane lift capacity of five or more tons, are exempt from 50% of the amount of
 the fees required for those vehicles under this section.
        Section 2. Section 72-1-213.1 is amended to read:
        72-1-213.1. Road usage charge program.
        (1) As used in this section:
        (a) "Account manager" means an entity under contract with the department to
 administer and manage the road usage charge program.
        (b) "Alternative fuel vehicle" means:
        (i) an electric motor vehicle as defined in Section 41-1a-102; or
        (ii) a motor vehicle powered exclusively by a fuel other than:
        (A) motor fuel;
        (B) diesel fuel;
        (C) natural gas; or
        (D) propane.
        (c) "Payment period" means the interval during which an owner is required to report
 mileage and pay the appropriate road usage charge according to the terms of the program.
        (d) "Program" means the road usage charge program established and described in this
 section.
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        1st Sub. (Green) S.B. 155                                                 01-31-24 10:34 AM
        (e) "Road usage charge cap" means the maximum fee charged to a participant in the
 program for a registration period.
        (f) "Road usage charge rate" means the per-mile usage fee charged to a participant in
 the program.
        (2) There is established a road usage charge program as described in this section.
        (3) (a) The department shall implement and oversee the administration of the program[,
 which shall begin on January 1, 2020].
        (b) To implement and administer the program, the department may contract with an
 account manager.
        (4) (a) The owner or lessee of an alternative fuel vehicle may apply for enrollment of
 the alternative fuel vehicle in the program.
        (b) If an application for enrollment into the program is approved by the department, the
 owner or lessee of an alternative fuel vehicle may participate in the program in lieu of paying
 the fee described in Subsection 41-1a-1206(1)(h) or (2)(b).
        (c) An owner or lessee of a hybrid electric motor vehicle or a plug-in hybrid motor
 vehicle who was enrolled in the program before May 1, 2024, may withdraw from the program.
        (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
 consistent with this section, the department:
        (a) shall make rules to establish:
        (i) processes and terms for enrollment into and withdrawal or removal from the
 program;
        (ii) payment periods and other payment methods and procedures for the program;
        (iii) standards for mileage reporting mechanisms for an owner or lessee of an
 alternative fuel vehicle to report mileage as part of participation in the program;
        (iv) standards for program functions for mileage recording, payment processing,
 account management, and other similar aspects of the program;
        (v) contractual terms between an owner or lessee of an alternative fuel vehicle owner
 and an account manager for participation in the program;
        (vi) contractual terms between the department and an account manager, including
 authority for an account manager to enforce the terms of the program;
        (vii) procedures to provide security and protection of personal information and data
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        01-31-24 10:34 AM                                                    1st Sub. (Green) S.B. 155
 connected to the program, and penalties for account managers for violating privacy protection
 rules;
          (viii) penalty procedures for a program participant's failure to pay a road usage charge
 or tampering with a device necessary for the program; and
          (ix) department oversight of an account manager, including privacy protection of
 personal information and access and auditing capability of financial and other records related to
 administration of the program; and
          (b) may make rules to establish:
          [(i) an enrollment cap for certain alternative fuel vehicle types to participate in the
 program;]
          [(ii)] (i) a process for collection of an unpaid road usage charge or penalty; or
          [(iii)] (ii) integration of the program with other similar programs, such as tolling.
          (6) Revenue generated by the road usage charge program and relevant penalties shall
 be deposited into the Road Usage Charge Program Special Revenue Fund.
          (7) (a) The department may:
          (i) (A) impose a penalty for failure to timely pay a road usage charge according to the
 terms of the program or tampering with a device necessary for the program; and
          (B) request that the Division of Motor Vehicles place a hold on the registration of the
 owner's or lessee's alternative fuel vehicle for failure to pay a road usage charge according to
 the terms of the program;
          (ii) send correspondence to the owner of an alternative fuel vehicle to inform the owner
 or lessee of:
          (A) the road usage charge program, implementation, and procedures;
          (B) an unpaid road usage charge and the amount of the road usage charge to be paid to
 the department;
          (C) the penalty for failure to pay a road usage charge within the time period described
 in Subsection (7)(a)(iii); and
          (D) a hold being placed on the owner's or lessee's registration for the alternative fuel
 vehicle, if the road usage charge and penalty are not paid within the time period described in
 Subsection (7)(a)(iii), which would prevent the renewal of the alternative fuel vehicle's
 registration; and
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        1st Sub. (Green) S.B. 155                                                  01-31-24 10:34 AM
        (iii) require that the owner or lessee of the alternative fuel vehicle pay the road usage
 charge to the department within 30 days of the date when the department sends written notice
 of the road usage charge to the owner or lessee.
        (b) The department shall send the correspondence and notice described in Subsection
 (7)(a) to the owner of the alternative fuel vehicle according to the terms of the program.
        (8) (a) The Division of Motor Vehicles and the department shall share and provide
 access to information pertaining to an alternative fuel vehicle and participation in the program
 including:
        (i) registration and ownership information pertaining to an alternative fuel vehicle;
        (ii) information regarding the failure of an alternative fuel vehicle owner or lessee to
 pay a road usage charge or penalty imposed under this section within the time period described
 in Subsection (7)(a)(iii); and
        (iii) the status of a request for a hold on the registration of an alternative fuel vehicle.
        (b) If the department requests a hold on the registration in accordance with this section,
 the Division of Motor Vehicles may not renew the registration of a motor vehicle under Title
 41, Chapter 1a, Part 2, Registration, until the department withdraws the hold request.
        (9) The owner of an alternative fuel vehicle may apply for enrollment in the program
 [or withdraw from the program] according to the terms established by the department pursuant