Sec. 3002. National motor vehicle per-mile user fee pilot
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/bill/117/s/1953/is/section-3002·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term advisory board means the Federal System Funding Alternative Advisory Board established under subsection (g)(1). The term commercial vehicle has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code. The term Highway Trust Fund means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986. The term light truck has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations (or successor regulations).
The term medium- and heavy-duty truck has the meaning given the term commercial medium- and heavy-duty on-highway vehicle in section 32901(a) of title 49, United States Code. The term passenger motor vehicle has the meaning given the term in section 32101 of title 49, United States Code. The term per-mile user fee means a revenue mechanism that— is applied to road users operating motor vehicles on the surface transportation system; and is based on the number of vehicle miles traveled by an individual road user.
The term pilot program means the pilot program established under subsection (b)(1). The term volunteer participant means— an owner or lessee of a private, personal motor vehicle who volunteers to participate in the pilot program; a commercial vehicle operator who volunteers to participate in the pilot program; or an owner of a motor vehicle fleet who volunteers to participate in the pilot program. The Secretary, in coordination with the Secretary of the Treasury, and consistent with the recommendations of the advisory board, shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee— to restore and maintain the long-term solvency of the Highway Trust Fund; and to improve and maintain the surface transportation system.
The objectives of the pilot program are— to test the design, acceptance, implementation, and financial sustainability of a national motor vehicle per-mile user fee; to address the need for additional revenue for surface transportation infrastructure and a national motor vehicle per-mile user fee; and to provide recommendations relating to the adoption and implementation of a national motor vehicle per-mile user fee. In carrying out the pilot program, the Secretary, in coordination with the Secretary of the Treasury, shall— provide different methods that volunteer participants can choose from to track motor vehicle miles traveled; solicit volunteer participants from all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; ensure an equitable geographic distribution by population among volunteer participants; include commercial vehicles and passenger motor vehicles; and use components of and, where appropriate, coordinate with— the States that received a grant under section 6020 of the FAST Act ( 23 U.S.C. 503 note;
Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act); and eligible entities that received a grant under section 3001. In selecting the methods described in subsection (c)(1), the Secretary shall coordinate with entities that voluntarily provide to the Secretary for use under the pilot program any of the following vehicle-miles-traveled collection tools: Third-party on-board diagnostic (OBD–II) devices. Smart phone applications. Telemetric data collected by automakers.
Motor vehicle data obtained by car insurance companies. Data from the States that received a grant under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act). Motor vehicle data obtained from fueling stations. Any other method that the Secretary considers appropriate. The Secretary shall determine which collection tools under paragraph
(1)are selected for the pilot program. In a manner that the Secretary considers appropriate, the Secretary shall enable each volunteer participant to choose 1 of the selected collection tools under paragraph (1). For the purposes of the pilot program, the Secretary of the Treasury shall establish, on an annual basis, per-mile user fees for passenger motor vehicles, light trucks, and medium- and heavy-duty trucks, which amount may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure, safety, congestion, the environment, or other related social impacts. The Secretary, in coordination with the Secretary of the Treasury, shall— ensure, to the extent practicable, that the greatest number of volunteer participants participate in the pilot program; and ensure that such volunteer participants represent geographically diverse regions of the United States, including from urban and rural areas; and issue policies relating to the protection of volunteer participants, including policies that— protect the privacy of volunteer participants; and secure the data provided by volunteer participants. Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory board, to be known as the Federal System Funding Alternative Advisory Board , to assist with— providing the Secretary with recommendations related to the structure, scope, and methodology for developing and implementing the pilot program; carrying out the public awareness campaign under subsection (h); and developing the report under subsection (n). The advisory board shall include, at a minimum, the following representatives and entities, to be appointed by the Secretary: State departments of transportation. Any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act). Representatives of the trucking industry, including owner-operator independent drivers. Data security experts with expertise in personal privacy. Academic experts on surface transportation systems. Consumer advocates, including privacy experts. Advocacy groups focused on equity. Owners of motor vehicle fleets. Owners and operators of toll facilities. Tribal groups or representatives. Any other representatives or entities, as determined appropriate by the Secretary. Not later than 1 year after the date on which the advisory board is established under paragraph (1), the advisory board shall provide the Secretary with the recommendations described in subparagraph
(A)of that paragraph, which the Secretary shall use in implementing the pilot program. The Secretary, with guidance from the advisory board, may carry out a public awareness campaign to increase public awareness regarding a national motor vehicle per-mile user fee, including distributing information— related to the pilot program; from the State surface transportation system funding alternatives pilot program under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act); and related to consumer privacy. In carrying out the public awareness campaign under this subsection, the Secretary shall consider issues unique to each State. The Secretary of the Treasury, in coordination with the Secretary, shall establish a mechanism to collect motor vehicle per-mile user fees established under subsection
(e)from volunteer participants, which— may be adjusted as needed to address technical challenges; and may allow independent and private third-party vendors to collect the motor vehicle per-mile user fees and forward such fees to the Treasury. The Secretary may enter into an agreement with a volunteer participant containing such terms and conditions as the Secretary considers necessary for participation in the pilot program. Any revenue collected through the mechanism established under subsection
(i)shall not be considered a toll under section 301 of title 23, United States Code. The Secretary of the Treasury shall ensure that any revenue collected under subsection
(i)is deposited into the Highway Trust Fund. Not more than 45 days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program, the Secretary of the Treasury shall calculate and issue an equivalent refund to such volunteer participant for applicable Federal motor fuel taxes under section 4041 and section 4081 of the Internal Revenue Code of 1986. Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter for the duration of the pilot program, the Secretary and the Secretary of the Treasury shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes an analysis of— whether the objectives described in subsection (b)(2) were achieved; how volunteer participant protections in subsection (f)(2) were complied with; whether motor vehicle per-mile user fees can maintain the long-term solvency of the Highway Trust Fund and improve and maintain the surface transportation system, which shall include estimates of administrative costs related to collecting such motor vehicle per mile user fees; how the privacy of volunteers was maintained; and equity impacts of the pilot program, including the impacts of the pilot program on low-income commuters. Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $10,000,000 shall be used to carry out the pilot program under this section. Any excess funds remaining after carrying out the pilot program under this section shall be available to make grants for pilot projects under section 3001.
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