<section number="72-1-213.1"><effdate>7/1/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">344</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><sunset repsec="63I-2-272" repdate="1/1/2033" /><catchline>Road usage charge program.</catchline><subsection number="72-1-213.1(1)">As used in this section:<subsection number="72-1-213.1(1)(a)">"Account manager" means an entity under contract with the department to administer and manage the road usage charge program.</subsection><subsection number="72-1-213.1(1)(b)">"Alternative fuel vehicle" means:<subsection number="72-1-213.1(1)(b)(i)">an electric motor vehicle as defined in Section <xref depth="3" refnumber="41-1a-102" start="0">41-1a-102</xref>; or</subsection><subsection number="72-1-213.1(1)(b)(ii)">a motor vehicle powered exclusively by a fuel other than:<subsection number="72-1-213.1(1)(b)(ii)(A)">motor fuel;</subsection><subsection number="72-1-213.1(1)(b)(ii)(B)">diesel fuel;</subsection><subsection number="72-1-213.1(1)(b)(ii)(C)">natural gas; or</subsection><subsection number="72-1-213.1(1)(b)(ii)(D)">propane.</subsection></subsection></subsection><subsection number="72-1-213.1(1)(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.</subsection><subsection number="72-1-213.1(1)(d)">"Program" means the road usage charge program established and described in this section.</subsection><subsection number="72-1-213.1(1)(e)">"Road usage charge cap" means the maximum fee charged to a participant in the program for a registration period.</subsection><subsection number="72-1-213.1(1)(f)">"Road usage charge rate" means the per-mile usage fee charged to a participant in the program.</subsection></subsection><subsection number="72-1-213.1(2)">There is established a road usage charge program as described in this section.</subsection><subsection number="72-1-213.1(3)"><subsection number="72-1-213.1(3)(a)">The department shall implement and oversee the administration of the program, which shall begin on January 1, 2020.</subsection><subsection number="72-1-213.1(3)(b)">To implement and administer the program, the department may contract with an account manager.</subsection></subsection><subsection number="72-1-213.1(4)"><subsection number="72-1-213.1(4)(a)">The owner or lessee of an alternative fuel vehicle may apply for enrollment of the alternative fuel vehicle in the program.</subsection><subsection number="72-1-213.1(4)(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 <xref depth="4" refnumber="41-1a-1206(1)(h)" start="0">41-1a-1206(1)(h)</xref> or <xref depth="4" refnumber="41-1a-1206(2)(b)" start="0">(2)(b)</xref>.</subsection></subsection><subsection number="72-1-213.1(5)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, and consistent with this section, the department:<subsection number="72-1-213.1(5)(a)">shall make rules to establish:<subsection number="72-1-213.1(5)(a)(i)">processes and terms for enrollment into and withdrawal or removal from the program;</subsection><subsection number="72-1-213.1(5)(a)(ii)">payment periods and other payment methods and procedures for the program;</subsection><subsection number="72-1-213.1(5)(a)(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;</subsection><subsection number="72-1-213.1(5)(a)(iv)">standards for program functions for mileage recording, payment processing, account management, and other similar aspects of the program;</subsection><subsection number="72-1-213.1(5)(a)(v)">contractual terms between an owner or lessee of an alternative fuel vehicle owner and an account manager for participation in the program;</subsection><subsection number="72-1-213.1(5)(a)(vi)">contractual terms between the department and an account manager, including authority for an account manager to enforce the terms of the program;</subsection><subsection number="72-1-213.1(5)(a)(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;</subsection><subsection number="72-1-213.1(5)(a)(viii)">penalty procedures for a program participant's failure to pay a road usage charge or tampering with a device necessary for the program;</subsection><subsection number="72-1-213.1(5)(a)(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</subsection><subsection number="72-1-213.1(5)(a)(x)">procedures to accommodate in the road usage charge program a vehicle registered for a 24-month period as provided in Section <xref depth="3" refnumber="41-1a-215.5">41-1a-215.5</xref>; and</subsection></subsection><subsection number="72-1-213.1(5)(b)">may make rules to establish:<subsection number="72-1-213.1(5)(b)(i)">an enrollment cap for certain alternative fuel vehicle types to participate in the program;</subsection><subsection number="72-1-213.1(5)(b)(ii)">a process for collection of an unpaid road usage charge or penalty; or</subsection><subsection number="72-1-213.1(5)(b)(iii)">integration of the program with other similar programs, such as tolling.</subsection></subsection></subsection><subsection number="72-1-213.1(6)">Revenue generated by the road usage charge program and relevant penalties shall be deposited into the Road Usage Charge Program Special Revenue Fund.</subsection><subsection number="72-1-213.1(7)"><subsection number="72-1-213.1(7)(a)">The department may:<subsection number="72-1-213.1(7)(a)(i)"><subsection number="72-1-213.1(7)(a)(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</subsection><subsection number="72-1-213.1(7)(a)(i)(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 or penalty according to the terms of the program;</subsection></subsection><subsection number="72-1-213.1(7)(a)(ii)">send correspondence to the owner of an alternative fuel vehicle to inform the owner or lessee of:<subsection number="72-1-213.1(7)(a)(ii)(A)">the road usage charge program, implementation, and procedures;</subsection><subsection number="72-1-213.1(7)(a)(ii)(B)">an unpaid road usage charge and the amount of the road usage charge to be paid to the department;</subsection><subsection number="72-1-213.1(7)(a)(ii)(C)">the penalty for failure to pay a road usage charge within the time period described in Subsection <xref depth="4" refnumber="72-1-213.1(7)(a)(iii)">(7)(a)(iii)</xref>; and</subsection><subsection number="72-1-213.1(7)(a)(ii)(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 <xref depth="4" refnumber="72-1-213.1(7)(a)(iii)">(7)(a)(iii)</xref>, which would prevent the renewal of the alternative fuel vehicle's registration; and</subsection></subsection><subsection number="72-1-213.1(7)(a)(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.</subsection></subsection><subsection number="72-1-213.1(7)(b)">The department shall send the correspondence and notice described in Subsection <xref depth="4" refnumber="72-1-213.1(7)(a)">(7)(a)</xref> to the owner of the alternative fuel vehicle according to the terms of the program.</subsection></subsection><subsection number="72-1-213.1(8)"><subsection number="72-1-213.1(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:<subsection number="72-1-213.1(8)(a)(i)">registration and ownership information pertaining to an alternative fuel vehicle;</subsection><subsection number="72-1-213.1(8)(a)(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 <xref depth="4" refnumber="72-1-213.1(7)(a)(iii)">(7)(a)(iii)</xref>; and</subsection><subsection number="72-1-213.1(8)(a)(iii)">the status of a request for a hold on the registration of an alternative fuel vehicle.</subsection></subsection><subsection number="72-1-213.1(8)(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 <xref depth="2" refnumber="41-1a-2" start="0">Title 41, Chapter 1a, Part 2, Registration</xref>, until the department withdraws the hold request.</subsection></subsection><subsection number="72-1-213.1(9)">The owner of an alternative fuel vehicle may enroll in the program or withdraw from the program according to the terms established by the department in accordance with rules made under Subsection <xref depth="4" refnumber="72-1-213.1(5)" start="0">(5)</xref>.</subsection><subsection number="72-1-213.1(10)">If enrolled in the program, the owner or lessee of an alternative fuel vehicle shall:<subsection number="72-1-213.1(10)(a)">report mileage driven as required by the department in accordance with Subsection <xref depth="4" refnumber="72-1-213.1(5)" start="0">(5)</xref>;</subsection><subsection number="72-1-213.1(10)(b)">pay the road usage fee for each payment period in accordance with Subsection <xref depth="4" refnumber="72-1-213.1(5)" start="0">(5)</xref>; and</subsection><subsection number="72-1-213.1(10)(c)">comply with all other provisions of this section and other requirements of the program.</subsection></subsection><subsection number="72-1-213.1(11)">The department shall submit annually, on or before October 1, to the Transportation Interim Committee, an electronic report that:<subsection number="72-1-213.1(11)(a)">states for the preceding fiscal year:<subsection number="72-1-213.1(11)(a)(i)">the amount of revenue collected from the program;</subsection><subsection number="72-1-213.1(11)(a)(ii)">the participation rate in the program; and</subsection><subsection number="72-1-213.1(11)(a)(iii)">the department's costs to administer the program; and</subsection></subsection><subsection number="72-1-213.1(11)(b)">provides for the current fiscal year, an estimate of:<subsection number="72-1-213.1(11)(b)(i)">the revenue that will be collected from the program;</subsection><subsection number="72-1-213.1(11)(b)(ii)">the participation rate in the program; and</subsection><subsection number="72-1-213.1(11)(b)(iii)">the department's costs to administer the program.</subsection></subsection></subsection><subsection number="72-1-213.1(12)"><subsection number="72-1-213.1(12)(a)">Beginning on January 1, 2026:<subsection number="72-1-213.1(12)(a)(i)">the road usage charge rate is 1.25 cents per mile; and</subsection><subsection number="72-1-213.1(12)(a)(ii)">except as provided in Subsection <xref depth="4" refnumber="72-1-213.1(12)(c)">(12)(c)</xref>, the road usage charge cap is:<subsection number="72-1-213.1(12)(a)(ii)(A)">$180 for an annual registration period; and</subsection><subsection number="72-1-213.1(12)(a)(ii)(B)">$139 for a six-month registration period.</subsection></subsection></subsection><subsection number="72-1-213.1(12)(b)">Beginning on January 1, 2027:<subsection number="72-1-213.1(12)(b)(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 <xref depth="4" refnumber="72-1-213.1(13)" start="0">(13)</xref>; and</subsection><subsection number="72-1-213.1(12)(b)(ii)">except as provided in Subsection <xref depth="4" refnumber="72-1-213.1(12)(c)">(12)(c)</xref>, the road usage charge cap is:<subsection number="72-1-213.1(12)(b)(ii)(A)">$280 for an annual registration period; and</subsection><subsection number="72-1-213.1(12)(b)(ii)(B)">$216 for a six-month registration period.</subsection></subsection></subsection><subsection number="72-1-213.1(12)(c)">Beginning on January 1, 2027, for an electric vehicle with a gross combined weight rating of 6,001 pounds or more that is a commercial vehicle, as defined in Section <xref depth="3" refnumber="41-1a-102">41-1a-102</xref>, the road usage charge cap is:<subsection number="72-1-213.1(12)(c)(i)">$500 for an annual registration period; and</subsection><subsection number="72-1-213.1(12)(c)(ii)">$385 for a six-month registration period.</subsection></subsection><subsection number="72-1-213.1(12)(d)">Beginning in 2028, the department shall, on January 1, annually adjust the road usage charge rates described in this Subsection <xref depth="4" refnumber="72-1-213.1(12)" start="0">(12)</xref> by taking the road usage charge rate for the previous year and adding an amount equal to the greater of:<subsection number="72-1-213.1(12)(d)(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</subsection><subsection number="72-1-213.1(12)(d)(ii)">0.</subsection></subsection><subsection number="72-1-213.1(12)(e)">Beginning in 2028, the State Tax Commission shall, on January 1, annually adjust the road usage charge caps described in this Subsection <xref depth="4" refnumber="72-1-213.1(12)" start="0">(12)</xref> by taking the road usage charge cap for the previous year and adding an amount equal to the greater of:<subsection number="72-1-213.1(12)(e)(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</subsection><subsection number="72-1-213.1(12)(e)(ii)">0.</subsection></subsection><subsection number="72-1-213.1(12)(f)">The amounts calculated as described in Subsection <xref depth="4" refnumber="72-1-213.1(12)(d)" start="0">(12)(d)</xref> shall be rounded up to the nearest .01 cent.</subsection><subsection number="72-1-213.1(12)(g)">The amounts calculated as described in Subsection <xref depth="4" refnumber="72-1-213.1(12)(e)" start="0">(12)(e)</xref> shall be rounded up to the nearest 25 cents.</subsection><subsection number="72-1-213.1(12)(h)">On or before January 1 of each year, the department shall publish:<subsection number="72-1-213.1(12)(h)(i)">the adjusted road usage charge rate described in Subsection <xref depth="4" refnumber="72-1-213.1(12)(d)" start="0">(12)(d)</xref>; and</subsection><subsection number="72-1-213.1(12)(h)(ii)">adjusted road usage charge cap described in Subsection <xref depth="4" refnumber="72-1-213.1(12)(e)" start="0">(12)(e)</xref>.</subsection></subsection></subsection><subsection number="72-1-213.1(13)"><subsection number="72-1-213.1(13)(a)">Beginning January 1, 2027, the commission may establish by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the road usage charge rate for each type of alternative fuel vehicle.</subsection><subsection number="72-1-213.1(13)(b)"><subsection number="72-1-213.1(13)(b)(i)">Before making rules in accordance with Subsection <xref depth="4" refnumber="72-1-213.1(13)(a)" start="0">(13)(a)</xref>, the commission shall consult with the department regarding the road usage charge rate for each type of alternative fuel vehicle.</subsection><subsection number="72-1-213.1(13)(b)(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.</subsection></subsection></subsection></section>