Bill Text: WV HB4927 | 2024 | Regular Session | Introduced

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Bill Title: To amend the provisions related to transportation including transportation reinvestment zones, public transit districts, local option sales and use taxes, transportation governance, and a road usuage charge program

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2024-01-19 - To House Technology and Infrastructure [HB4927 Detail]

Download: West_Virginia-2024-HB4927-Introduced.html

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WEST virginia legislature

2024 regular session

Introduced

House Bill 4927

By Delegates Young and Hansen
[Introduced January 19, 2024; Referred
to the Committee on Technology and Infrastructure then Finance ]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-26-1, relating to the creation of the Road Usage Charge Pilot Program.

Be it enacted by the Legislature of West Virginia:

ARTICLE 26. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

 

§17C-26-1. Road Usage Charge Pilot Program.

 

(a) As used in this section:

(1) "Account manager" means an entity under contract with the department to administer and manage the road usage charge program.

(2) "Alternative fuel vehicle" means the same as that term is defined in §11-6D-2 of this code.

(3) "Department" means the West Virginia Department of Transportation.

(4) "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.

(5) "Program" means the road usage charge program established and described in this section.

(b) There is established a road usage charge pilot program as described in this section.

(c)(1) The department shall implement and oversee the administration of the pilot program, which shall begin on January 1, 2025.

(2) To implement and administer the program, the department may contract with an account manager.

(d)(1) The owner or lessee of an alternative fuel vehicle may apply for enrollment of the alternative fuel vehicle in the program.

(2) 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 otherwise described in this code.

(e)(1) Consistent with this section, the department 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;

(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

(J) 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.

(f) The department shall make recommendations to and consult with the commission regarding road usage mileage rates for each type of alternative fuel vehicle.

(g) In accordance with the rulemaking provisions of this code, 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.

(h)(1) Revenue generated by the road usage charge program and relevant penalties shall be deposited into the State Road Fund.

(2) The department may use revenue generated by the program to cover the costs of administering the program.

(i) The department may:

(1) 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

(2) 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;

(3) 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 this section;

(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 this section, which would prevent the renewal of the alternative fuel vehicle's registration; and

(E) 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.

(j) The department shall send the correspondence and notice described in this section to the owner of the alternative fuel vehicle according to the terms of the program.

(k) 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:

(1) Registration and ownership information pertaining to an alternative fuel vehicle;

(2) 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 this section; and

(3) The status of a request for a hold on the registration of an alternative fuel vehicle.

(l) 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 §17A-3-1 et seq. of this code, until the department withdraws the hold request.

(m) 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 this section.

(n) If enrolled in the program, the owner or lessee of an alternative fuel vehicle shall:

(1) Report mileage driven as required by the department pursuant to this section;

(2) Pay the road usage fee for each payment period as set by the department and the commission pursuant to this section; and

(3) Comply with all other provisions of this section and other requirements of the program.

NOTE: The purpose of this bill is to create the Road Usage Charge Pilot Program.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.