72-1-213.1. Road usage charge program.
| (1) |
As used in this section:
Terms Used In Utah Code 72-1-213.1- Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Oversight: Committee review of the activities of a Federal agency or program.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Road: includes :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (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:
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| (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. |
| (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. |
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| (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. |
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| (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). |
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| (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 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 |
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| (b) |
may make rules to establish:
| (i) |
an enrollment cap for certain alternative fuel vehicle types to participate in the program; |
| (ii) |
a process for collection of an unpaid road usage charge or penalty; or |
| (iii) |
integration of the program with other similar programs, such as tolling. |
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| (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; |
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| (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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| (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. |
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| (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. |
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| (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. |
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| (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 2, until the department withdraws the hold request. |
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| (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 to rules made under Subsection (5). |
| (10) |
If enrolled in the program, the owner or lessee of an alternative fuel vehicle shall:
| (a) |
report mileage driven as required by the department pursuant to Subsection (5); |
| (b) |
pay the road usage fee for each payment period in accordance with Subsection (5); and |
| (c) |
comply with all other provisions of this section and other requirements of the program. |
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| (11) |
The department shall submit annually, on or before October 1, to the Transportation Interim Committee, an electronic report that:
| (a) |
states for the preceding fiscal year:
| (i) |
the amount of revenue collected from the program; |
| (ii) |
the participation rate in the program; and |
| (iii) |
the department’s costs to administer the program; and |
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| (b) |
provides for the current fiscal year, an estimate of:
| (i) |
the revenue that will be collected from the program; |
| (ii) |
the participation rate in the program; and |
| (iii) |
the department’s costs to administer the program. |
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| (12) |
| (a) |
Beginning on January 1, 2023:
| (i) |
the road usage charge rate is 1.0 cent per mile; and |
| (ii) |
the road usage charge cap is:
| (A) |
$130.25 for an annual registration period; and |
| (B) |
$100.75 for a six-month registration period. |
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| (b) |
Beginning on January 1, 2026:
| (i) |
the road usage charge rate is 1.25 cents per mile; and |
| (ii) |
the road usage charge cap is:
| (A) |
$180 for an annual registration period; and |
| (B) |
$139 for a six-month registration period. |
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| (c) |
Beginning on January 1, 2032:
| (i) |
the road usage charge rate is 1.5 cents per mile, unless the commission establishes a different road usage charge rate in accordance with Subsection (13); and |
| (ii) |
the road usage charge cap is:
| (A) |
$240 for an annual registration period; and |
| (B) |
$185 for a six-month registration period. |
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| (d) |
Beginning in 2024, the department shall, on January 1, annually adjust the road usage charge rates described in this Subsection (12) by taking the road usage charge rate for the previous year and adding an amount equal to the greater of:
| (i) |
an amount calculated by multiplying the road usage charge rate of the previous year by the actual percentage change during the previous fiscal year in the Consumer Price Index as determined by the State Tax Commission; and |
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| (e) |
Beginning in 2024, the State Tax Commission shall, on January 1, annually adjust the road usage charge caps described in this Subsection (12) by taking the road usage charge cap for the previous year and adding an amount equal to the greater of:
| (i) |
an amount calculated by multiplying the road usage charge cap of the previous year by the actual percentage change during the previous fiscal year in the Consumer Price Index; and |
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| (f) |
The amounts calculated as described in Subsection (12)(d) shall be rounded up to the nearest .01 cent. |
| (g) |
The amounts calculated as described in Subsection (12)(e) shall be rounded up to the nearest 25 cents. |
| (h) |
On or before January 1 of each year, the department shall publish:
| (i) |
the adjusted road usage charge rate described in Subsection (12)(d); and |
| (ii) |
adjusted road usage charge cap described in Subsection (12)(e). |
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| (13) |
| (b) |
| (i) |
Before making rules in accordance with Subsection (13)(a), the commission shall consult with the department regarding the road usage charge rate for each type of alternative fuel vehicle. |
| (ii) |
The department shall cooperate with and make recommendations to the commission regarding the road usage charge rate for each type of alternative fuel vehicle. |
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Amended by Chapter 56, 2022 General Session
Amended by Chapter 259, 2022 General Session
