HB 19-1199 — Colorado Clean Pass Act

First Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCEDPREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.

19-0609.03 Jason Gelender x4330 HOUSE BILL 19-1199 HOUSE SPONSORSHIP Valdez A.,Arndt, Buentello, Caraveo, Duran, Froelich, Hooton, Jaquez Lewis, Kennedy, Kipp, Mullica, Sirota, Titone SENATE SPONSORSHIP Pettersen and WinterFooteWinter,Foote House Committees Senate Committees Energy & Environment Finance Appropriations A BILL FOR AN ACT CONCERNINGC ONCERNING THE CONDITIONS UNDER WHICH OPERATION OF A PLUG -IN ELECTRIC MOTOR VEHICLE ON AN EXPRESS LANE WITHOUTREGARDTOTHENUMBEROFPERSONSINTHEVEHICLE AND WITHOUT PAYMENT OF A TOLL OR WITH PAYMENT OF A REDUCED TOLL IS ALLOWED .

The owner of an eligible plug-in electric -2- HB19-11991199 motor vehicle maychoose not to paythe access fee, but must paythe fee to be authorized to operate the vehicle for free on anyexpress lanethat is a high occupancy vehicle lane and for a reduced toll on anyexpress lane that is a toll lane or a high occupancy toll lane, without regard to the numberofpersonsinthevehicle.Ifthefreeorreducedtolluseofexpress lanes byeligible plug-in electric motor vehicles is determined tocause a decrease in the level of service for other bona fide users of the express lanes so that CDOT or HPTE is violating or will violate within the next months contractual level of service guarantees or will be unable to satisfy debt service coverage requirements, then CDOT may restrict or eliminatefreeandreducedtolluseoftheexpresslanesbyeligibleplug-in electricmotorvehiclesforaslongastheviolationorinabilityisexpected to continue.

In Colorado Revised Statutes, 42-3-304, amend -3- HB19-11991199 (25)(c)(II);

(25) (b.5) A THIS SECTION, ELIGIBLE PLU-IN ELECTRIC MOTOR VEHICL"VEHICLE" HAS THE SAME MEANING AS SET FORTH IN SECTIO43-4-806 (2)(c.5)(II).

(II) AnyA motor vehicle that can be recharged fromanyexternal source of electricityand the electriciTHAT STORES ELECTRICITY in a rechargeable batterypackbatterypackT propels or contributes to pTHEel PROPULSION OFtheOF the vehicle's drive wheels.

(26) (a) O AND AFTERJULY1,2022,INAFTERJULY 1,2020,IN ADDITION TO ANY OTHER FEE IMPOSED BY THIS SECTION , EACH AUTHORIZED AGENT SHALL ANNUALLYANNUALLYCOLLECT COLLECT,WHENTHEOWNEROFANELIGIBLEPLUG ,AT-INELECTRIC THEMOTOR TIMEVEHICLE OFFOR REGISTRATIONWHICH OFTHE EVERYOWNER ELIGIBLECHOOSES PLUG INELECTRICMOTORVEHICLEANDFORWHICHTHEOWNERCHOOSES TO PAY THE ACCESS FE,THEFEE EXPRESSPAYS LANETHE ACCESSOTHER FEEFEES IMPOSEDAND BYSPECIFIC OWNERSHIP TAX REQUIRED FOR THE HIGH-PERFORMANCETRANSPORTATIONENTERPRISEANNUAL ,CREATEDINSECTIONREGISTRATION 43-4-806OF (2)(a)(I),URSUANTTHE TOVEHICL,THE SECTIONEXPRESS LANE ACCESS FEEIMPOSEDBYTHEHIGH PERFORMANCETRANSPORTATIONENTERPRISE , CREATEDINSECTION 43-4-806(2)(a)(IPURSUANTTOSECTION 43-4-806 (2)(c.5).HE AUTHORIZED AGENT SHALL TRANSMIT ALL ACCESS FEE REVENUE COLLECTEDTOTHE STATE TREASURER WHOSHALLCREDIT,WHOSHALLCREDITTHE REVENUE TO THE STATEWIDE TRANSPORTATION ENTERPRISE SPECIAL REVENUE TOTHESTATEWIDETRANSPORTATIONENTERPRISESPECIALREVENUEFUNDFUND CREATEDINSECTIONCREATED 43-4-806(3)(a)ORPURPOSESOFTHELIMITATIONSIN ONSTATEANDLOCALGOVERNMENTFISCALYEARSPENDINGSETFORTHINSECTION 43-4-806 (3)(a)OR PURPOSES OF THE LIMITATIONS ON STATE AND LOCAL GOVERNMENT FISCAL YEAR SPENDING SET FORTH IN SECTION 20 OF ARTICLEXARTICLE X OF THE STATE CONSTITUTIONCONSTITUTIONANDSECTION AND24-77-103.6COLLECTIONOFTHEACCESSFEE SECTIONBY 24-77-103.6,OLLECTIONOFTHEAUTHORIZED ACCESSFEEAGENTS BYAUTHORIZEDAGENTSISIS COLLECTIONS FOR ANOTHER GOVERNMENT , THE HIGH-PERFORMANCEHIGH TRANSPORTATIONENTERPRISEPERFORMANCE ,WHICHISANENTERPRISEFORPURPOSESOFTRANSPORTATION SECTIONENTERPRISE 20OFARTICLE, XWHICH OFTHEIS AN -4- 1199 ENTERPRISE FOR PURPOSES OF SECTION20 OF ARTICLEX OF THE STATE CONSTITUTIONANDALLACCESSCONSTITUTION -4-,AND HB19-1199ALL ACCESS FEE REVENUE IS THEREFORE EXEMPT FROM THOSE LIMITATIONS.

(b) IF,ATIF, WHEN THE TIMEOWNER OF REGISTRATION OF AN ELIGIBLE PLUGINPLUG ELECTRICMOTORVEHICLE-IN ,THEELECTRIC OWNEROFTHEMOTOR VEHICLE CHOOSESNOTPAYS THE OTHER FEES AND SPECIFIC OWNERSHIP TAX REQUIRED FOR THE ANNUAL REGISTRATION OF THE VEHICLE,THE OWNER CHOOSES NOT TO PAYTHEEXPRESSLANEACCESSFEEIMPOSEDBYTHEHIGHPAY PERFORMANCETHE TRANSPORTATIONEXPRESS ENTERPRISELANE ASACCESS AUTHORIZEDFEE IMPOSED BY SECTIONTHE 43-4-806HIGH (2)(c.5),HEPERFORMANCE AUTHORIZEDTRANSPORTATION AGENTENTERPRISE SHALLAS NOTAUTHORIZED COLLECTBY SECTION 43-4-806(2)(c.5THEAUTHORIZEDAGENTSHALLNOTCOLLECT THE ACCESS FEE AND THE VEHICLE SHALL NOT BE AUTHORIZED TO BE OPERATEDOPERATEDONEXPRESSLANESTHATAREHIGHOCCUPANCYVEHICLELANES FOR FREE AND ON EXPRESS LANES THAT ARE HIGHTOLL OCCUPANCY VEHICLE LANES FOROR FREEHIGH ANDONEXPRESSLANESTHATARETOLLLANESORHIGHOCCUPANCYTOLLOCCUPANCY TOLL LANES AT A REDUCED RATE AS SPECIFIED IN SECTIO42-4-1012SECTION 42-4-1012 (2.5).

(I) ANELECTRONICPROCESSTHATAUTOMATICALLYNOTIFIESTHE HIGH PERFORMANCE TRANSPORTATION ENTERPRISE AND ,IF, IF DEEMED NECESSARY BY THE ENTERPRISE , ANY PRIVATE PARTNER OF THE ENTERPRISE THAT OPERATES AN EXPRESS LANE OR THE DEPARTMENT OF TRANSPORTATION ,WHEN THE OWNER OF AN ELIGIBLE PLUG-INPLU-IN ELECTRIC MOTOR VEHICLE PAYS THE EXPRESS LANE ACCESS FEE IN ACCORDANCE WITH SUBSECTION (26)(a)OF THIS SECTIO;AND (II) AN ELECTRONIC PROCESS THAT AUTOMATICALLY NOTIFIES EACH AUTHORIZED AGENT WHEN THE ACCESS FEE CAN OR CANNOT BE COLLECTED IN ACCORDANCE WITH THE LIMITATION ON THE NUMBER OF ELIGIBLE PLUG-IN ELECTRIC MOTOR VEHICLES SET FORTH IN SECTION -5- 1199 43-4-806 (2)(c.5)(II)(B).

(d) A S USED IN THIS SUBSECTIO(26),EXPRESSSUBSECTIO(26), LANEEXPRESS "HASLANE"HAS THE SAME MEANING AS SET FORTH IN SECTION43-4-806SECTION 43-4-806 (2)(c.5)(III).

In Colorado Revised Statutes, 42-4-1012, amend -5- HB19-1199 (2.5) as follows:

(2.5) (a) (I) Except as otherwise provided in paragraph (d) of this subsection (2.5), a motor SUBSECTIONS (2.5)(dAND(2.5)(d)AND (2.5)(eOFTHISSECTION(2.5)(eOFTHISSECTION,ANELIGIBLEPLUG ,ANELIGIBLEPLUG -IN ELECTRIC MOTOR vehicle with a gross vehicle weight of twenty-six thousand NINETEENTHOUSANDFIVEHUNDRED poundsorlessthatiseither an inherently low-emission vehicle or a hybrid veFOR WHICH THE OWNER HAS PAID THE EXPRESS LANE ACCESS FEE IMPOSED BY THE HIGH PERFORMANCETRANSPORTATIONENTERPRISE ,CREATEDINSECTIONCREATEDINSECTION 43-4-806 (2)(a)(I),(2)(a)(I),PURSUANT PURSUANT TO SECTION 43-4-806 (2)(c.5) IN ACCORDANCEACCORDANCEWITHSECTION WITH42-3-304(26)(a)maybeoperateduponhigh SECTIONoccupancyvehicle 42-3-304lanesAN (26)(aOREXPRESS ,FORLANE Awithout REGISTRATIONregard PERIODBEGINNINGONORAFTERto JULYthe 1,2020,BUTnumber BEFOREof JULYpersonsinthevehicleandwithoutpaymentofaspecialtollorfee.The 1,2022,exemption ONLYrelating ,THATto HAShybrid OTHERWISEvehicles BEENshall AUTHORIZEDapplyonlyif FORsuch SUCHexemption OPERATIONdoes INnot ACCORDANCEaffect WITHthe SECTIONreceipt 43-4-806of (2)(c.5)(I)(A),federal mayfunds beand operateddoes uponnot highviolate occupancyany vehiclefederal lanesNlaws or regulationsR FREE IF THE EXPRESS LANE withoutIS regardA toHIGH thenumberofpersonsinthevehicleandwithoutpaymentofaspecialtollOCCUPANCY orVEHICLE fee.LANE AND FOR ONE -HALF OF THE AMOUNT OF THE USUAL TOLL IFTHE EXPRESS LANE IS A TOLL LANE OR A HIGH OCCUPANCY TOLL LANE .

The exemption relating to hybrid vehicles shall applyonlyif such exemptiondoesnotaffectthereceiptoffederalfundsanddoesnotviolate any federal laws or regulations FREE IF THE EXPRESS LANE IS A HIGH OCCUPANCY VEHICLE LANE AND FOR ONE -HALF OF THE AMOUNT OF THE USUALTOLLIFTHE EXPRESS LANE IS A TOLL LANE OR A HIGH OCCUPANCY TOLL LANE .

-6- 1199 (I.7) ASUSEDINTHISSUBSECTIONSUSEDINTHISSUBSECTION (2.5),EXPRESSLANE ""HASTHE HASTHE -6- HB19-1199 SAME MEANING AS SET FORTH IN SECTION 43-4-806 (2)(c.5)(III).

(A) Alight-dutyvehicleorlight-dutytruck,regardlessofwhether such vehicle or truck is part of a motor vehicle fleet, that hsabeenhas been certified by the federal environmental protection agency as conforming to the ILEV guidelines, procedures, and standards as published in the federal register at 58 FR 11888 (March 1, 1993) and 59 FR 50042 (September 30, 1994), as amended from time to time;

(b) No A person shall NOT operate a AN ELIGIBLE PLUG -IN ELECTRICMOTOR vehicleuponahighoccupancyvehicle ANEXPRESS lane pursuanttoUNDERTHEAUTHORITYTODOSOGRANTEDBY thissubsection (2.5) unless tELIGIBLEtheIGIBLE PLUG-IN ELECTRIC MOTOR vehicle:

and (II) (A) Is identified bybymeans means of a circular sticker or decal ISat least four inches in diameter;

made of bright orange reflective material;andaffixedeithertothewindshield,tothefrontoftheside-view -7- 1199 mirror on the driver's side, or to the front bumper of the vehicle;

Said -7- HB19-1199 sticker or decal shallANDshall be approved by the Colorado department of transportation;

(c) The department of transportation and local authorities, with respect to streets and highways under their respective jurisdictions, shall provide information via official traffic control devices to indicate that ILEVsand,subjecttosubparagraph(I)ofparagraph(a)ofthissubsection (2.5),hybridvehiclesmaybeoperateduponhighoccupancyvehiclelanes pursuantpursuanttothis tothissection.Suchinformationmay,section. but need not, be added to existing printed signs, but as existing printed signs related to high occupancy vehicle lane use are replaced or new ones are erected, such information shall be added.

Such information may, but need not,beaddedto existing printed signs, but as existing printed signs related to high occupancy vehicle lane use are replaced or new ones are erected, such information shall be added.

If FREE OR REDUCED TOLLuse of high occupancy vehicleEXPRESS lanes by ILEVs or hybridELIGIBLE PLUG INELECTRICMOTOR-IN vehiclesisdetermineBYTHEDEPARTMENTOFELECTRIC TRANSPORTATIONMOTOR tovehicles causeis adetermined significantBY THE -8- 1199 HIGH PERFORMANCETRANSPORTATIONENTERPRISE tocauseasignificant decrease in the level of service -8-forr HB19-1199 for other bona fide users of sucTHEsTHE EXPRESS laneslanesSOTHAT SO THAT THE DEPARTMENT OFOFTRANSPORTATIONORTHE TRANSPORTATIONENTERPRISE IS VIOLATING OR THEWILL HIGH-PERFORMANCEVIOLATE TRANSPORTATIONENTERPRISEISVIOLATINGORWILLVIOLATEWITHINTHEWITHIN THE NEXT THREE MONTHS FEDERAL OR CONTRACTUAL LEVEL OFSERVICEOF SERVICE GUARANTEES OR WILLWILLBEUNABLETOSATISFYDEBTSERVICECOVERAGEREQUIREMENTSOR BETHE UNABLEENTERPRISE TOWILL SATISFYVIOLATE DEBTEXISTING SERVICELOAN COVERAGECOVENANTS REQUIREMENTS , then the departmentdepartmentortransportationoralocalauthoriENTERPRISE ofmayrestrict transportation or aeliminateREE localOR authorityict or eliminateFREE AND REDUCED TOLL use of sucTHEsuchTHE EXPRESSEXPRESSlanes lanes by ILEVs or hybrid vehicleELIGIBLEvehiclesLIGIBLE PLU-IN ELECTRIC MOTOR VEHICLES FOR AS LONG AS THE VIOLATION OR INABILITY TO SATISFY DEBT SERVICE COVERAGEREQUIREMENTSISEXPECTEDTOCONTINUE .THEDEPARTMENT OF TRANSPORTATION SHALL ANNUALLY REPORT TO THE JOINT COMMITTEESOFREFERENCEOFTHEHOUSEOFREPRESENTATIVESANDTHE SENATE TO WHICH THE DEPARTMENT OF TRANSPORTATION IS ASSIGNED PURSUANTTOSECTION 2-7-203(1ASPARTOFTHEHEARINGREQUIREDBY SECTION 2-7-203 (2)(aREGARDING THE ACTUAL AND PROJECTED FREE ANDREDUCEDTOLLUSEOFEXPRESSLANESBYELIGIBLEPLUG -INELECTRIC VEHICLESANDANYACTIONSTHAT IT HASTAKENOREXPECTSTOTAKE TO RESTRICT,LIMIT,OR RESTORE SUCH USE.

(II) IftheUnitedStatessecretaryoftransportationmakesaformal determination that, by giving effect to paragraph (a) of this subsection (2.5)SUBSECTION (2.5)(aOF THIS SECTIONon a particular highway or laneOR FOR ALL TYPES OR FOR A PARTICULAR TYPE OF ELIGIBLE P-IN ELECTRIC MOTOR VEHICLE , the state of Colorado would disqualify itself from receiving federal highway fundsAT the state would otherwise qualify to receive or would be required to refund federal transportation grant-9- funds1199 THATgrant fundsTHAT it has already received, then said paragraph (a) SUBSECTION (2.5)(a) shall not be effective asasFOR FORTHEhighway, THEorlane,OR highway, -9- HB19-1199 or laneOR TYPE OF ELIGIBLE PL-IN ELECTRIC MOTOR VEHICL.

(e) (I) UN RECEIPT OFNOTICE FROM AN AUTHORIZED AGENTIN ACCORDANCE WITH SECTION 42-3-304 (26)(cTHAT THE OWNER OF A PLUG IN ELECTRIC MOTOR VEHICLE HAS PAID THE APPLICABLE EXPRESS LANEACCESSFEEIMPOSEDBYTHEHIGH -PERFORMANCETRANSPORTATION ENTERPRISE PURSUANT TO SECTION 43-4-806 (2)(c.5)OR(2)(c.5) ,FOR A REGISTRATIONPERIODBEGINNINGONORAFTER JULY1,2020,BUTBEFORE JULY 1,2022,ONLY,UPON OTHER AUTHORIZATION FOR SUCH OPERATION BY THE ENTERPRISE INOR,IF ACCORDANCE WITH SECTION 43-4-806 (2)(c.5)(I)(A),E ENTERPRISE OR ,IF DEEMED NECESSARY BY THE ENTERPRISE,APRIVATEPARTNEROFTHEENTERPRISEENTERPRIS,A SHALLMAILTOTHEPRIVATE OWNERPARTNEROFTHEENTERPRISE OF,SHALLMAILTOTHEOWNEROFTHEVEHICLE THE VEHICLE AT THE ADDRESS LISTED ON THE VEHICLE REGISTRATIONASTICKERREGISTRATION ,DECAL,TRANSPONDERA ,OROTHERDEVICETHATSTICKER , DECAL ,TRANSPONDER ,OR OTHER DEVICE THAT WILL ALLOW THE ENTERPRISE OR ANY PRIVATE PARTNER OF THE ENTERPRISE TO USE AN AUTOMATIC VEHICLE IDENTIFICATION SYSTEM TO DETERMINE THAT THE VEHICLE IS AUTHORIZED TO OPERATE ON EXPRESS LANESWITHOUTREGARDTOTHENUMBEROFPERSONSINTHEVEHICLEFORLANES WITHOUT REGARD TO THE NUMBER OF PERSONS IN THE VEHICLE FOR FREE ON ANY EXPRESS LANE THAT IS A HIGH OCCUPANCY VEHICLE LANE AND AT A REDUCED RATE ON ANY EXPRESS LANE THAT IS A TOLLLANETOLL LANE OR A HIGH OCCUPANCY TOLLTOLLLANE LANE.THE.THE ENTERPRISE OR A PRIVATE PARTNER OFOFTHE THEENTERPRISENEEDNOTMAILDECALS ENTERPRISE,TRANSPONDERS NEED,OROTHERDEVICES NOT MAIL DECAL,TRANSPONDERS ,OR OTHER DEVICES IF THE ENTERPRISE DETERMINES THAT IT OR ITS PRIVATE PARTNERS CAN USE AN AUTOMATIC VEHICLE IDENTIFICATION SYSTEM THAT DOES NOT REQUIRE THE USE OFDECAL,TRANSPONDERSOF DECALS, TRANSPONDERS ,OR OTHER DEVICESTORELIABLYENFORCEACCESSREQUIREMENTSFORTHEEXPRESSDEVICES LANESANDTHEDEPARTMENTOFTRANSPORTATIONAPPROVESTHEUSEOFTO RELIABLYENFORCEACCESSREQUIREMENTSFORTHEEXPRESSLANESAND THE SYSTEM.DEPARTMENT OF TRANSPORTATION APPROVES THE USE OF THE SYSTEM .

-10- HB19-1199 (II) EXCEPTASOTHERWISEPROVIDEDINSUBSECTIONECEPTASOTHERWISEPROVIDEDINSUBSECTION (2.5)(e)(III) -10- 1199 OFTHISSECTION ,ATRANSPONDERATRANSPONDER ,STICKER,ORDECALEXPIRESWHENTHE OWNER OF THE ELIGIBLE PLUG-INPLU-IN ELECTRIC MOTOR VEHICLE TO WHICH IT ISISAFFIXEDPAYSTHEOTHERFEESANDSPECIFICOWNERSHIPTAXREQUIRED AFFIXEDFOR IS REGISTERED WITHOUT THE OWNERANNUAL REGISTRATION OF THE VEHICLE WITHOUT PAYING THE EXPRESS LANEACCESSFEEIMPOSEDBYTHEHIGHLANE -PERFORMANCETRANSPORTATIONACCESS FEE IMPOSED BY THE HIGH PERFORMANCE TRANSPORTATION ENTERPRISE PURSUANT TO SECTION 43-4-806 (2)(c.5)OR(2)(c.5), WHEN AN OWNER WHO PURCHASED IT NEWPAYS THE VEHICLEFEES ISAND REGISTEREDSPECIFIC BYOWNERSHIP ANTAX OWNERREQUIRED WHOFOR PURCHASEDTHE ITANNUAL NEWREGISTRATION OF THE VEHICLE FOR ITS FOURTH REGISTRATION PERIOD OR BYWHEN ANY SUBSEQUENT OWNER FORPAYS ITSTHE FIRST,SECONDFEES ,ORAND THIRDSPECIFIC OWNERSHIP TAX REQUIRED FOR THE ANNUAL REGISTRATION PERIODOF UNDERTHE VEHICLE FOR ITS FOURTH REGISTRATION PERIOD,UNDER THAT OWNER 'SS OWNERSHIPANDISTHEREFORENOLONGERANELIGIBLEPLUGOWNERSHIP INELECTRICAND THE VEHICLE IS THEREFORE NO LONGER AN ELIGIBLE PLU-IN ELECTRIC MOTOR VEHICLE .

(III)A STICKER OR DECAL THAT WAS ISSUED ON OR BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION(2.5)(e)(IIEXPIRES ONWHEN THE DATEOWNER OFTHEFIRSTREGISTRATIONOFTHEVEHICLEFORAREGISTRATIONPERIODOF THE VEHICLE TO WHICH THE STICKER OR DECAL IS AFFIXED FIRST PAYS THE FEES AND SPECIFIC OWNERSHIP TAX REQUIRED FOR THE ANNUAL REGISTRATION OF THE VEHICLE FOR A REGISTRATION PERIOD THAT BEGINS ON OR AFTERAFTERJULY JULY 1, 2022.

(f) TTHE HEHIG-PERFORMANCE DEPARTMENT OF TRANSPORTATION ENTERPRISE MAY PROMULGATE RULESTOTHEEXTENTNECESSARYTOENSUREPROPERIMPLEMENTATIONRULES TO THE EXTENT NECESSARY TO ENSURE PROPER IMPLEMENTATION , ADMINISTRATION ,AND, AND ENFORCEMENT OF THE CONDITIONS OFACCESSOF ACCESS TO EXPRESS LANESLANE. .

High-performance transportation enterprise - -11- 1199 creation - board - funds - powers and duties - limitations - reporting requirements - legislative declaration - definitions - repeal.

(2) (c.5) (I) EEXCEPT XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(c.5)(I)(A)OF(2)(c.5)(I)(A)F THIS SECTION , IN ADDITION TO THE USER FEES AUTHORIZED BY SUBSECTION (2)(c)(IOFTHIS(2)(c)(IOF SECTION,ANDTHIS SECTIO,AND SUBJECT TO -11- HB19-1199 THE LIMITATIONS SET FORTH IN SECTION42-3-304SECTIO42-3-304 (26)(a)AND (26)(b), THE TRANSPORTATION ENTERPRISE SHALL IMPOSE AN EXPRESS LANE ACCESSACCESSFEE FEE,WHICHACCESSFEEISIMPOSEDASOFTHEDATEONWHICHTHE TOOWNER BEOF PAIDTHE UPONVEHICLE THEAPPLIES FOR INITIAL REGISTRATION OF EACHTHE ELIGIBLEVEHICLEINTHESTATEORASOFTHEDATEONWHICHTHEDEPARTMENTOF PLUGREVENUE -INOR ELECTRICAN MOTORAUTHORIZED VEHICLEAGENT FOROF WHICHTHE DEPARTMENT OF REVENUE TRANSMITS A REGISTRATION RENEWAL NOTICE TO THE OWNER CHOOSESOF TOTHE PAYVEHICLE ,TO BE PAID TOGETHER WITH THE ACCESSOTHER FEEFEES INAND EXCHANGESPECIFIC OWNERSHIP TAX REQUIRED FOR THE RIGHTANNUAL TOREGISTRATION OPERATEOF THEEACH VEHICLEELIGIBLE ONPLUG-IN ANYELECTRIC EXPRESSMOTOR LANEVEHICLE THATFOR ISWHICH ATHE HIGHOWNER OCCUPANCYCHOOSES VEHICLETO LANEPAY FORTHE FREEACCESS ANDFEE ONIN ANYEXCHANGE EXPRESSFOR LANETHE THATRIGHT ISTO AOPERATETHEVEHICLEONANYEXPRESSLANETHATISAHIGHOCCUPANCY TOLLVEHICLE LANE FORFREEANDONANYEXPRESSLANETHATISATOLLLANE OR A HIGH OCCUPANCY TOLL LANE AT A REDUCED RATE AS SPECIFIED IN SECTION 42-4-1012(2.5)WITHOUT REGARD TO THE NUMBER OF PERSONS IN THE VEHICLE.

HE TRANSPORTATION ENTERPRISE :SHALL IMPOSE THE ACCESS FEE AT THE RATE OFTHIR-FIVE DOLLARS UPON THE REGISTRATION OF A VEHICLE REGISTERED FOR A REGISTRATION PERIOD BEGINNING ON OR AFTERJULY 1, 2020.

(A)(II) S HALLNOT IMPOSE THE ACCESS FEE UPON THE REGISTRATION OFAVEHICLEREGISTEREDFORAREGISTRATIONPERIODBEGINNINGONOR AFTER JULY 1, 2020, BUT BEFORE JULY 1, 2022,BUT , UPON THE REGISTRATION OF A VEHICLE FOR SUCH A REGISTRATION PERIOD ,THE OWNER MAY CHOOSE TO APPLY FOR THE RIGHT TO OPERATE THE VEHICLE ON EXPRESS LANES FOR FREE OR AT A REDUCED RATE AS SPECIFIEDUSED IN SECTIONTHIS 42-4-1012SUBSECTION (2.5)AND(2)(c.5)ELIGIBLE (B)PLUG-IN SELECTRIC HALLMOTOR IMPOSE THE ACCESS FEE AT THE RATE OF THIR-FIVE DOLLARS UPON THE REGISTRATION OF A VEHICLE REGISTERED"MEANS FOR: A REGISTRATION PERIOD BEGINNING ON OR AFTER JULY 1, 2022.

(II)-12- A1199 (A) FOR ANY REGISTRATION PERIOD COMMENCING ON OR AFTER JULY 1, 2020,A PLUG -IN ELECTRIC MOTOR VEHICLE THAT ,IF BEING REGISTEREDBYANOWNERWHOPURCHASEDITNEW ISBEINGREGISTERED FORITSFIRST,SECOND ORTHIRDREGISTRATIONPERIODORTHAT ,IFBEING REGISTERED BY AN OWNER WHO DID NOT PURCHASE IT NEW , IS BEING REGISTERED FOR ITS FIRS, SECOND, OR THIRD REGISTRATION PERIOD UNDER THAT OWNER S USEDOWNERSHIP;AND (B) W OULD NOT ,AS DETERMINED BY THE TRANSPORTATION ENTERPRISE AS OF THE DATE THAT THE TRANSPORTATION ENTERPRISE WOULD OTHERWISE IMPOSE AN EXPRESS LANE ACCESS FEE PURSUANT TO SUBSECTION (2)(c.5)(OFTHISSECTION,IFAUTHORIZEDTOBEOPERATED ONEXPRESSLANESTHATAREHIGHOCCUPANCYVEHICLELANESFORFREE ANDONEXPRESSLANESTHATARETOLLLANESORHIGHOCCUPANCYTOLL LANES AT A REDUCED RATE AS SPECIFIED IN THISSECTION42-4-1012 SUBSECTION(2)(c.5),ELIGIBLE(2.5), PLUG-INCAUSE THE TOTAL NUMBER OF PLUG -IN ELECTRIC MOTOR VEHICLEVEHICLES "SO MEANSAUTHORIZED , EXCLUDING VEHICLES DESCRIBED IN SUBSECTION (2)(c.5)(II)(C)F THIS SECTION, TO EXCEED :

(A)TEN FTHOUSAND ORFOR ANY REGISTRATION PERIODPERIODS COMMENCINGBEGINNING ON ORAND AFTER JULYULY 1, 2020,A2020BUT PLUGBEFORE INJANUARY ELECTRIC1, MOTOR2021; VEHICLE THAT ,IF BEING REGISTERED BY AN OWNER WHO PURCHASED IT NEW ,IS IN ITS FIR,T SECOND ,ORTHIRDYEAROFSERVICEORTHAT IFBEINGREGISTEREDBYAN OWNER WHO DID NOT PURCHASE IT NEW ,IS BEING REGISTERED FOR ITS -12- HB19-1199 FIRST,SECOND ,OR THIRD REGISTRATION PERIOD UNDER THAT OWNER S OWNERSHIP ;AND (B) W OULD NOT ,AS DETERMINED BY THE TRANSPORTATION ENTERPRISE ,IF AUTHORIZED TO BE OPERATED ON EXPRESS LANES THAT ARE HIGH OCCUPANCY VEHICLE LANES FOR FREE AND ON EXPRESS LANES THAT ARE TOLL LANES OR HIGH OCCUPANCY TOLL LANES AT A REDUCED RATE AS SPECIFIED IN SECTION 42-4-1012 (2.5)CAUSE THE TOTAL NUMBER OF PLUG -IN ELECTRIC MOTOR VEHICLES SO AUTHORIZED , EXCLUDING VEHICLES DESCRIBED IN SUBSECTION (2)(c.5)(II)(OF THIS SECTION ,TO EXCEED :

TENTWENTY THOUSAND FOR REGISTRATION PERIODS BEGINNING ON AND AFTERAFTERJULY JULY 1, 2020,BUT2021BUT BEFORE ANUARYJANUARY 1,1,2022; 2021;

TWENTYFORTY THOUSAND FOR REGISTRATION PERIODS BEGINNING ON AND AFTER JULY 1, 2021,BUT2022,BUT BEFORE JANUARY 1, 2022;FORTY2023; THOUSAND FORREGISTRATIONPERIODSBEGINNINGONANDAFTER JULY 1,2022,BUT BEFORE JANUARY 1,2023;EIGHTYTHOUSANDFORREGISTRATIONPERIODS BEGINNING ON AND AFTER JULY 1, 2023,BUT BEFORE ANUARY 1, 2024;

OREIGHTY ONE HUNDRED TWENTY THOUSAND FOR REGISTRATION PERIODS BEGINNING ON AND AFTER JULY 1, 2024OR (C) F OR REGISTRATION PERIODS COMMENCING BEFORE ULY 1, 2022,2023,BUT ONLY,APLUG -INELECTRICMOTORVEHICLEOROTHERINHERENTLY LOW -EMISSION VEHICLE THAT WAS AUTHORIZED BEFORE JULYJANUARY 1, 2020,2024;OR PURSUANTONE TOHUNDRED SECTIONTWENTY 42-4-1012THOUSAND (2.5TOFOR BEREGISTRATION OPERATEDPERIODS UPONBEGINNING HIGHON OCCUPANCY VEHICLE LANES WITHOUT REGARD TO THE NUMBER OF PERSONS IN THE VEHICLE AND WITHOUTAFTER PAYMENTULY OF1,2024; A SPECIAL TOLL OR FEE.

THISOR SUBSECTION(C) (2)(c.5)(II)(ISF REPEALED,EFFECTIVEOR ULYREGISTRATION PERIODS COMMENCING BEFORE JULY 1, 2023.-13- 1199 2022,ONLY ,APLUG-INELECTRICMOTORVEHICLEOROTHERINHERENTLY LOW -EMISSION VEHICLE THAT WAS AUTHORIZED BEFOREJULY 1, 2020, PURSUANT TO SECTION 42-4-1012 (2.5TO BE OPERATED UPON HIGH OCCUPANCY VEHICLE LANES WITHOUT REGARD TO THE NUMBER OF PERSONS IN THE VEHICLE AND WITHOUT PAYMENT OF A SPECIAL TOLL OR FEE.

(III) AS USED IN THIS SUBSECTIONSUBSECTION(2)(c.5)(II)(IS (2)(c.5)EXPRESSREPEALE,EFFECTIVE LANEJULY "1, -13-2023. HB19-1199 MEANS ANY HIGH OCCUPANCY VEHICLE LANE , TOLL LANE, OR HIGH OCCUPANCY TOLL LANE THAT THE TRANSPORTATION ENTERPRISE , A PRIVATE PARTNER OF THE TRANSPORTATION ENTERPRISE , OR THE TRANSPORTATIONENTERPRISEINCONJUNCTIONWITHAPRIVATEPARTNER OF THE TRANSPORTATION ENTERPRISE OR THE DEPARTMENT OPERATES ANDMAINTAINSORTHATTHETRANSPORTATIONENTERPRISEDESIGNATES AS AN EXPRESS LANE.

(III) AS USED IN THIS SUBSECTION(2)(c.5),EXPRESS LANE" MEANS ANY HIGH OCCUPANCY VEHICLE LANE , TOLL LANE, OR HIGH OCCUPANCY TOLL LANE THAT THE TRANSPORTATION ENTERPRISE , A PRIVATE PARTNER OF THE TRANSPORTATION ENTERPRISE , OR THE TRANSPORTATIONENTERPRISEINCONJUNCTIONWITHAPRIVATEPARTNER OF THE TRANSPORTATION ENTERPRISE OR THE DEPARTMENT OPERATES ANDMAINTAINSORTHATTHETRANSPORTATIONENTERPRISEDESIGNATES AS AN EXPRESS LANE.

Effectivedate-applicability.Thisacttakeseffect -14- 1199 July 1, 2020, and applies to eligible plug-in electric motor vehicles registered for registration periods that commence on or after said date;