UT Code § 72-1-213.1 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 1 - Department of Transportation Administration Act|Part 2 - Department of Transportation|Section 213.1 - Road usage charge program.

 Effective 5/5/2021  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 the same as that term is defined in Section 41-1a-102.     (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.       (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).       (5)   (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, the department:   (i) shall make rules to establish:   (A) processes and terms for enrollment into and withdrawal or removal from the program;     (B) payment periods and other payment methods and procedures for the program;     (C) 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;     (D) standards for program functions for mileage recording, payment processing, account management, and other similar aspects of the program;     (E) contractual terms between an owner or lessee of an alternative fuel vehicle owner and an account manager for participation in the program;     (F) contractual terms between the department and an account manager, including authority for an account manager to enforce the terms of the program;     (G) 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;     (H) penalty procedures for a program participant's failure to pay a road usage charge or tampering with a device necessary for the program; and     (I) 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       (ii) may make rules to establish:   (A) an enrollment cap for certain alternative fuel vehicle types to participate in the program;     (B) a process for collection of an unpaid road usage charge or penalty; or     (C) integration of the program with other similar programs, such as tolling.         (b) The department shall make recommendations to and consult with the commission regarding road usage mileage rates for each type of alternative fuel vehicle.       (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, the commission shall, after consultation with the department, make rules to establish the road usage charge mileage rate for each type of alternative fuel vehicle.     (7) Revenue generated by the road usage charge program and relevant penalties shall be deposited into the Road Usage Charge Program Special Revenue Fund.     (8)   (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 (8)(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 (8)(a)(iii), which would prevent the renewal of the alternative fuel vehicle's registration; and       (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 (8)(a) to the owner of the alternative fuel vehicle according to the terms of the program.       (9)   (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 (8)(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.       (10) 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).     (11) 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 as set by the department and the commission pursuant to Subsections (5) and (6); and     (c) comply with all other provisions of this section and other requirements of the program.       (12)   (a) On or before June 1, 2021, and except for the vehicles excluded in Subsection (12)(b), the department shall submit to a legislative committee designated by the Legislative Management Committee a written plan to enroll all vehicles registered in the state in the program by December 31, 2031.     (b) The plan described in Subsection (12)(a) may exclude authorized carriers described in Subsection 59-12-102(17)(a).     (c) Beginning in 2021, on or before October 1 of each year, the department shall submit annually an electronic report recommending strategies to expand enrollment in the program to meet the deadline provided in Subsection (12)(a).       (13) Beginning in 2021, the department shall submit annually, on or before October 1, to the legislative committee that receives the report described in Subsection (12)(a), 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       (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.        Amended by Chapter 222, 2021 General Session