Virginia 2022 Regular Session Status: Enacted

SB 612 — Highway use fee, mileage-based user fee program; program clarifications.

Last action — Approved by Governor-Chapter 446 (effective 7/1/22)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Highway use fee, mileage-based user fee program; program clarifications developed by the working group. Directs the Commissioner of the Department of Motor Vehicles to establish a process for issuing prorated refunds of mileage-based user fees to certain participants. The bill prohibits the disclosure of certain data necessary for the administration of the mileage-based user fee program and authorizes participants in the mileage-based user fee program to participate without location tracking.

Bill Text

What changed in the latest version

72 added · 70 removed

Plain-language change summary

The changes made to Bill SB 612 clarify how the highway use fee is calculated for alternative fuel and electric vehicles in Virginia. The revised text specifies that this fee will be based on the taxes paid for fuel corresponding to an average vehicle's fuel economy, making it more straightforward to understand how fees are determined. This matters because it ensures that drivers of electric or fuel-efficient vehicles are charged fairly and transparently based on their vehicle's usage and fuel economy, promoting equity among different vehicle types.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 46.2-772 and 46.2-773 of the Code of Virginia, relating to highway use fee, mileage-based user fee program;
VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 446 An Act to amend and reenact §§ 46.2-772 and 46.2-773 of the Code of Virginia, relating to highway use fee, mileage-based user fee program;
R O [S 612] Approved L L Be it enacted by the General Assembly of Virginia:
[S 612] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
E § 46.2-772.
§ 46.2-772.
D motor vehicle registered in the Commonwealth under § 46.2-694 or 46.2-697 that is an alternative fuel vehicle, an electric motor vehicle, or a fuel-efficient vehicle.
A.
Except as provided in subsection C, there is hereby imposed an annual highway use fee on any motor vehicle registered in the Commonwealth under § 46.2-694 or 46.2-697 that is an alternative fuel vehicle, an electric motor vehicle, or a fuel-efficient vehicle.
If the vehicle is registered for a period of other than one year as provided in § 46.2-646, the highway use fee shall be multiplied by the number of years or fraction thereof that the vehicle will be registered.
If the vehicle is registered for a period of other than one fraction thereof that the vehicle will be registered.hall be multiplied by the number of years or B.
B.
For an electric motor vehicle, the highway use fee shall be 85 percent of the amount of taxes paid under subsection A of § 58.1-2217 on fuel used by a vehicle with a combined fuel economy of 23.7 miles per gallon for the average number of miles traveled by a passenger vehicle in the Commonwealth, as determined by the Commissioner.
For an electric motor vehicle, the highway use fee shall be 85 percent of the amount of taxes paid under subsection A of § 58.1-2217 on fuel used by a vehicle with a combined fuel economy of 23.B miles per gallon for the average number of miles traveled by a passenger vehicle in the Commonw1alth, percent of the difference between the tax paid under subsection A of § 58.1-2217 on the fuel usEd by a 85 vehicle with a combined fuel economy of 23.7 miles per gallon for the average number of miles R traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner, and the tax paid under subsection A of § 58.1-2217 on the fuel used by the vehicle being registered for the average number of miles traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner.
For all other fuel-efficient vehicles, the highway use fee shall be 85 percent of the difference between the tax paid under subsection A of § 58.1-2217 on the fuel used by a vehicle with a combined fuel economy of 23.7 miles per gallon for the average number of miles traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner, and the tax paid under subsection A of § 58.1-2217 on the fuel used by the vehicle being registered for the average number of miles traveled by a passenger vehicle in the Commonwealth in a year, as determined by the Commissioner.
If the Commissioner is unable to obtain the manufacturer's fuel determined by the U.S.
If the Commissioner is unable to obtain the manufacturer's fuel economy for a vehicle, then the Commissioner shall use the final estimate of average fuel economy, as determined by the U.S.
Environmental Protection Agency, of (i) all trucks having the same model years as the vehicle being registered, if the vehicle has a gross weight between 6,000 pounds and 10,000 pounds, or (ii) all cars having the same model year as the vehicle.
Environmental Protection Agency, of (i) all trucks having the same model year as the vehicle being registered, if the vehicle has a gross weight between 6,000 pounds and 10,000 pounds, or (ii) all cars having the same model year as the vehicle.
2.
A vehicle with a gross weight over 10,000 pounds;
program that allows owners of vehicles subject to the highway use fee pursuant to § 46.2-772 to pay a mileage-based fee in lieu of the highway use fee.
A.
There is hereby established a mileage-based user fee program.
The program shall be a voluntary program that allows owners of vehicles subject to the highway use fee pursuant to § 46.2-772 to pay a mileage-based fee in lieu of the highway use fee.
The fee schedule for the mileage-based user fee program shall be calculated by dividing the number of miles traveled by a passenger vehicle in the Commonwealth to determine a fee per milege driven.
The fee schedule for the mileage-based user fee program shall be calculated by dividing the amount of the highway use fee as determined pursuant to subsection B of § 46.2-772 by the average number of miles traveled by a passenger vehicle in the Commonwealth to determine a fee per mile driven.
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Action History

  1. Approved by Governor-Chapter 446 (effective 7/1/22)

  2. Governor's Action Deadline 11:59 p.m., April 11, 2022

  3. Enrolled Bill Communicated to Governor on March 22, 2022

  4. Impact statement from DPB (SB612ER)

  5. Signed by Speaker

  6. Signed by President

  7. Enrolled

  8. House amendment agreed to by Senate (29-Y 10-N)

  9. VOTE: Passage (75-Y 23-N)

  10. Passed House with amendment (75-Y 23-N)

  11. Engrossed by House as amended

  12. Committee amendment agreed to

  13. Read third time

  14. Read second time

  15. Impact statement from DPB (SB612ES1)

  16. Reported from Transportation with amendment(s) (22-Y 0-N)

  17. Subcommittee recommends reporting with amendments (7-Y 0-N)

  18. House subcommittee amendments and substitutes offered

  19. Assigned Transportation sub: Subcommittee #2 Transportation Infrastructure and Funding

  20. Referred to Committee on Transportation

  21. Read first time

  22. Placed on Calendar

  23. Read third time and passed Senate (22-Y 18-N)

  24. Printed as engrossed 22106003D-ES1

  25. Engrossed by Senate - committee substitute SB612ES1

  26. Amendment by Senator Boysko agreed to

  27. Reading of amendment waived

  28. Committee substitute agreed to 22106003D-S1

  29. Reading of substitute waived

  30. Read second time

  31. Constitutional reading dispensed (40-Y 0-N)

  32. Reported from Finance and Appropriations (15-Y 0-N)

  33. Impact statement from DPB (SB612S1)

  34. Rereferred to Finance and Appropriations

  35. Committee substitute printed 22106003D-S1

  36. Reported from Transportation with substitute (12-Y 3-N)

  37. Senate committee, floor amendments and substitutes offered

  38. Impact statement from DPB (SB612)

  39. Referred to Committee on Transportation

  40. Prefiled and ordered printed; offered 01/12/22 22104372D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 39 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 29 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 291001
Total 291001
% of votes cast 73%25%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Not Voting
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Nay

Official roll call →

VOTE: Passage (75-Y 23-N)

Passed 75 Yea · 22 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 752202
Total 752202
% of votes cast 76%22%0%2%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Nay
Adams, Dawn M. — Yea
Adams, Les R. — Nay
Alfonso H. Lopez — Yea
Angelia Williams Graves — Yea
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Nay
Bell, Robert B. — Nay
Betsy B. Carr — Yea
Bill Wiley — Yea
Bourne, Jeffrey M. — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Nay
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Not Voting
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Yea
Emily M. Jordan — Nay
Fariss, C. Matthew — Nay
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Not Voting
Jenkins, Clinton L. — Yea
Jessica L. Anderson — Nay
Joseph P. McNamara — Nay
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Nay
Michael J. Webert — Nay
Mike A. Cherry — Yea
Mullin, Michael P. — Yea
Mundon King, Candi — Yea
Murphy, Kathleen — Yea
Nadarius E. Clark — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phillip A. Scott — Nay
Plum, Kenneth R. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Nay
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Nay
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Tara A. Durant — Nay
Taylor, Kim A. — Nay
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Nay
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Nay
Wendell S. Walker — Yea
Wren M. Williams — Nay

Official roll call →

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)

Official roll call →

Passed 22 Yea · 18 Nay
Party YeaNayPresentNot Voting
Unaffiliated 221800
Total 221800
% of votes cast 55%45%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Nay
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Barker, George L. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Yea
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Passed 12 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12300
Total 12300
% of votes cast 80%20%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Newman, Stephen D. — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 612 do?
Highway use fee, mileage-based user fee program; program clarifications developed by the working group. Directs the Commissioner of the Department of Motor Vehicles to establish a process for issuing prorated refunds of mileage-based user fees to certain participants. The bill prohibits the disclosure of certain data necessary for the administration of the mileage-based user fee program and authorizes participants in the mileage-based user fee program to participate without location tracking.
Who sponsors SB 612?
SB 612 is sponsored by Jennifer B. Boysko.
What is the current status of SB 612?
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Where can I track SB 612?
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