1     
FUEL TAX AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kathleen A. Riebe

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill reduces the motor fuel taxes.
10     Highlighted Provisions:
11          This bill:
12          ▸     reduces the motor fuel tax rate by the equivalent of 4.5 cents;
13          ▸     modifies the increases of the motor fuel tax rate based on changes to the Consumer
14     Price Index; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          59-13-201, as last amended by Laws of Utah 2022, Chapter 68
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 59-13-201 is amended to read:
26          59-13-201. Rate -- Tax basis -- Exemptions -- Revenue deposited into the
27     Transportation Fund -- Restricted account for boating uses -- Refunds -- Reduction of tax

28     in limited circumstances.
29          (1) (a) Subject to the provisions of this section and except as provided in Subsection
30     (1)(e), a tax is imposed at the rate of [16.5%] 14.6% of the statewide average rack price of a
31     gallon of motor fuel per gallon upon all motor fuel that is sold, used, or received for sale or
32     used in this state.
33          (b) (i) Until December 31, 2018, and subject to the requirements under Subsection
34     (1)(c), the statewide average rack price of a gallon of motor fuel under Subsection (1)(a) shall
35     be determined by calculating the previous fiscal year statewide average rack price of a gallon of
36     regular unleaded motor fuel, excluding federal and state excise taxes, for the 12 months ending
37     on the previous June 30 as published by an oil pricing service.
38          (ii) Beginning on January 1, 2019, and subject to the requirements under Subsection
39     (1)(c), the statewide average rack price of a gallon of motor fuel under Subsection (1)(a) shall
40     be determined by calculating the previous three fiscal years statewide average rack price of a
41     gallon of regular unleaded motor fuel, excluding federal and state excise taxes, for the 36
42     months ending on the previous June 30 as published by an oil pricing service.
43          (c) (i) Subject to the requirement in Subsection (1)(c)(ii), the statewide average rack
44     price of a gallon of motor fuel determined under Subsection (1)(b) may not be less than $1.78
45     per gallon.
46          (ii) Beginning on January 1, 2019, the commission shall, on January 1, annually adjust
47     the minimum statewide average rack price of a gallon of motor fuel described in Subsection
48     (1)(c)(i) by taking the minimum statewide average rack price of a gallon of motor fuel for the
49     previous calendar year and adding an amount equal to the greater of:
50          (A) an amount calculated by multiplying the minimum statewide average rack price of
51     a gallon of motor fuel for the previous calendar year by the actual percent change during the
52     previous fiscal year in the Consumer Price Index; and
53          (B) 0.
54          (iii) The statewide average rack price of a gallon of motor fuel determined by the
55     commission under Subsection (1)(b) may not exceed [$2.43 per gallon.]:
56          (A) for a calendar year beginning on January 1, 2024, $2.43 per gallon;
57          (B) for a calendar year beginning on January 1, 2025, $2.57 per gallon; and
58          (C) for a calendar year beginning on January 1, 2026, and thereafter, $2.75 per gallon.

59          (iv) The minimum statewide average rack price of a gallon of motor fuel described and
60     adjusted under Subsections (1)(c)(i) and (ii) may not exceed the maximum statewide average
61     rack price of a gallon of motor fuel under Subsection (1)(c)(iii).
62          (d) (i) The commission shall annually:
63          (A) determine the statewide average rack price of a gallon of motor fuel in accordance
64     with Subsections (1)(b) and (c);
65          (B) adjust the fuel tax rate imposed under Subsection (1)(a), rounded to the nearest
66     one-tenth of a cent, based on the determination under Subsection (1)(b);
67          (C) publish the adjusted fuel tax as a cents per gallon rate; and
68          (D) post or otherwise make public the adjusted fuel tax rate as determined in
69     Subsection (1)(d)(i)(B) no later than 60 days before the annual effective date under Subsection
70     (1)(d)(ii).
71          (ii) The tax rate imposed under this Subsection (1) and adjusted as required under
72     Subsection (1)(d)(i) shall take effect on January 1 of each year.
73          (e) In lieu of the tax imposed under Subsection (1)(a) and subject to the provisions of
74     this section, a tax is imposed at the rate of 3/19 of the rate imposed under Subsection (1)(a),
75     rounded up to the nearest penny, upon all motor fuels that meet the definition of clean fuel in
76     Section 59-13-102 and are sold, used, or received for sale or use in this state.
77          (2) Any increase or decrease in tax rate applies to motor fuel that is imported to the
78     state or sold at refineries in the state on or after the effective date of the rate change.
79          (3) (a) No motor fuel tax is imposed upon:
80          (i) motor fuel that is brought into and sold in this state in original packages as purely
81     interstate commerce sales;
82          (ii) motor fuel that is exported from this state if proof of actual exportation on forms
83     prescribed by the commission is made within 180 days after exportation;
84          (iii) motor fuel or components of motor fuel that is sold and used in this state and
85     distilled from coal, oil shale, rock asphalt, bituminous sand, or solid hydrocarbons located in
86     this state; or
87          (iv) motor fuel that is sold to the United States government, this state, or the political
88     subdivisions of this state.
89          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

90     commission shall make rules governing the procedures for administering the tax exemption
91     provided under Subsection (3)(a)(iv).
92          (4) The commission may either collect no tax on motor fuel exported from the state or,
93     upon application, refund the tax paid.
94          (5) (a) All revenue received by the commission under this part shall be deposited daily
95     with the state treasurer and credited to the Transportation Fund.
96          (b) An appropriation from the Transportation Fund shall be made to the commission to
97     cover expenses incurred in the administration and enforcement of this part and the collection of
98     the motor fuel tax.
99          (6) (a) The commission shall determine what amount of motor fuel tax revenue is
100     received from the sale or use of motor fuel used in motorboats registered under Title 73,
101     Chapter 18, State Boating Act, and this amount shall be deposited into a restricted revenue
102     account in the General Fund of the state.
103          (b) The funds from this account shall be used for the construction, improvement,
104     operation, and maintenance of state-owned boating facilities and for the payment of the costs
105     and expenses of the Division of Outdoor Recreation in administering and enforcing Title 73,
106     Chapter 18, State Boating Act.
107          (7) (a) The United States government or any of its instrumentalities, this state, or a
108     political subdivision of this state that has purchased motor fuel from a licensed distributor or
109     from a retail dealer of motor fuel and has paid the tax on the motor fuel as provided in this
110     section is entitled to a refund of the tax and may file with the commission for a quarterly
111     refund.
112          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
113     commission shall make rules governing the application and refund provided for in Subsection
114     (7)(a).
115          (8) (a) The commission shall refund annually into the Off-highway Vehicle Account in
116     the General Fund an amount equal to .5% of the motor fuel tax revenues collected under this
117     section.
118          (b) This amount shall be used as provided in Section 41-22-19.
119          (9) (a) Beginning on April 1, 2001, a tax imposed under this section on motor fuel that
120     is sold, used, or received for sale or use in this state is reduced to the extent provided in

121     Subsection (9)(b) if:
122          (i) a tax imposed on the basis of the sale, use, or receipt for sale or use of the motor
123     fuel is paid to the Navajo Nation;
124          (ii) the tax described in Subsection (9)(a)(i) is imposed without regard to whether or
125     not the person required to pay the tax is an enrolled member of the Navajo Nation; and
126          (iii) the commission and the Navajo Nation execute and maintain an agreement as
127     provided in this Subsection (9) for the administration of the reduction of tax.
128          (b) (i) If but for Subsection (9)(a) the motor fuel is subject to a tax imposed by this
129     section:
130          (A) the state shall be paid the difference described in Subsection (9)(b)(ii) if that
131     difference is greater than $0; and
132          (B) a person may not require the state to provide a refund, a credit, or similar tax relief
133     if the difference described in Subsection (9)(b)(ii) is less than or equal to $0.
134          (ii) The difference described in Subsection (9)(b)(i) is equal to the difference between:
135          (A) the amount of tax imposed on the motor fuel by this section; less
136          (B) the tax imposed and collected by the Navajo Nation on the motor fuel.
137          (c) For purposes of Subsections (9)(a) and (b), the tax paid to the Navajo Nation under
138     a tax imposed by the Navajo Nation on the basis of the sale, use, or receipt for sale or use of
139     motor fuel does not include any interest or penalties a taxpayer may be required to pay to the
140     Navajo Nation.
141          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
142     commission shall make rules governing the procedures for administering the reduction of tax
143     provided under this Subsection (9).
144          (e) The agreement required under Subsection (9)(a):
145          (i) may not:
146          (A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
147          (B) provide a reduction of taxes greater than or different from the reduction described
148     in this Subsection (9); or
149          (C) affect the power of the state to establish rates of taxation;
150          (ii) shall:
151          (A) be in writing;

152          (B) be signed by:
153          (I) the chair of the commission or the chair's designee; and
154          (II) a person designated by the Navajo Nation that may bind the Navajo Nation;
155          (C) be conditioned on obtaining any approval required by federal law;
156          (D) state the effective date of the agreement; and
157          (E) state any accommodation the Navajo Nation makes related to the construction and
158     maintenance of state highways and other infrastructure within the Utah portion of the Navajo
159     Nation; and
160          (iii) may:
161          (A) notwithstanding Section 59-1-403, authorize the commission to disclose to the
162     Navajo Nation information that is:
163          (I) contained in a document filed with the commission; and
164          (II) related to the tax imposed under this section;
165          (B) provide for maintaining records by the commission or the Navajo Nation; or
166          (C) provide for inspections or audits of distributors, carriers, or retailers located or
167     doing business within the Utah portion of the Navajo Nation.
168          (f) (i) If, on or after April 1, 2001, the Navajo Nation changes the tax rate of a tax
169     imposed on motor fuel, any change in the reduction of taxes under this Subsection (9) as a
170     result of the change in the tax rate is not effective until the first day of the calendar quarter after
171     a 60-day period beginning on the date the commission receives notice:
172          (A) from the Navajo Nation; and
173          (B) meeting the requirements of Subsection (9)(f)(ii).
174          (ii) The notice described in Subsection (9)(f)(i) shall state:
175          (A) that the Navajo Nation has changed or will change the tax rate of a tax imposed on
176     motor fuel;
177          (B) the effective date of the rate change of the tax described in Subsection (9)(f)(ii)(A);
178     and
179          (C) the new rate of the tax described in Subsection (9)(f)(ii)(A).
180          (g) If the agreement required by Subsection (9)(a) terminates, a reduction of tax is not
181     permitted under this Subsection (9) beginning on the first day of the calendar quarter after a
182     30-day period beginning on the day the agreement terminates.

183          (h) If there is a conflict between this Subsection (9) and the agreement required by
184     Subsection (9)(a), this Subsection (9) governs.
185          Section 2. Effective date.
186          This bill takes effect on January 1, 2024.