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SB1547 - 572R - I Ver
REFERENCE TITLE:
alternative fuel tax
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1547
Introduced by
Senator
Farnsworth
AN
ACT
Amending section 28-5606, Arizona
Revised Statutes; relating to alternative fuel tax.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-5606, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-5606.
Imposition of motor fuel taxes; definitions
A. In addition to all other taxes provided by law, a
tax of
eighteen cents
$.18
per
gallon is imposed on motor vehicle fuel possessed, used or consumed in this
state.
B. To partially compensate this state for the use of
its highways:
1. A use fuel tax is imposed on use fuel used in the
propulsion of a light class motor vehicle on a highway in this state at the
same rate per gallon as the motor vehicle fuel tax prescribed in subsection A
of this section
, except that there is no use fuel tax on
alternative fuels
.
2. A use fuel tax is imposed on use fuel used in the
propulsion of a use class motor vehicle on a highway in this state at the rate
of
twenty-six cents
$.26
for
each gallon, except that there is no use fuel tax on
alternative
fuels and
use class vehicles that are exempt pursuant to section 28-5432
from the weight fee prescribed in section 28-5433 are subject to the use
fuel tax imposed by paragraph 1 of this subsection.
3. Through December 31, 2024, a use fuel tax is
imposed on use fuel used in the propulsion of a motor vehicle transporting
forest products in compliance with the requirements of section 41-1516 on a
highway in this state at the rate of
nine cents
$.09
for each gallon
, except that there is no use
fuel tax on alternative fuels
.
C. The motor vehicle fuel and use fuel taxes imposed
pursuant to this section and the aviation fuel taxes imposed pursuant to
section 28-8344 are conclusively presumed to be direct taxes on the
consumer or user but shall be collected and remitted to the department by
suppliers for the purpose of convenience and facility only.� Motor vehicle
fuel, use fuel and aviation fuel taxes that are collected and paid to the
department by a supplier are considered to be advance payments, shall be added
to the price of motor vehicle fuel, use fuel or aviation fuel and shall be
recovered from the consumer or user.
D. Motor vehicle fuel and use fuel taxes imposed
pursuant to this section on the use of motor vehicle fuel and use fuel and the
aviation fuel taxes imposed pursuant to section 28-8344 on the use of
aviation fuel, other than by bulk transfer, arise at the time the motor
vehicle, use or aviation fuel either:
1. Is imported into this state and is measured by
invoiced gallons received outside this state at a refinery, terminal or bulk
plant for delivery to a destination in this state.
2. Is removed, as measured by invoiced gallons, from
the bulk transfer terminal system or from a qualified terminal in this state.
3. Is removed, as measured by invoiced gallons, from
the bulk transfer terminal system or from a qualified terminal or refinery
outside this state for delivery to a destination in this state as represented
on the shipping papers if a supplier imports the motor vehicle, use or aviation
fuel for the account of the supplier or the supplier has made a tax
precollection election pursuant to section 28-5636.
E. If motor fuel is removed from the bulk transfer
terminal system or from a qualified terminal or is imported into this state,
the original removal, transfer or importation of the motor fuel is subject to
the collection of the tax. If this motor fuel is transported to
another qualified terminal or reenters the bulk transfer terminal system, the
subsequent sale of the motor fuel on which tax has been collected is not
subject to collection of an additional tax if proper documentation is retained
to support the transaction.
F. In addition to any other taxes
levied by this state, a motor vehicle that is powered by an alternative fuel is
subject to the following:
1. A light motor vehicle that is
fueled:
(
a
) Exclusively
by electricity shall pay an annual amount equal to $120 multiplied by the ratio
of the motor vehicle fuel tax imposed by subsection A of this section to $.18.
(
b
) By a
combination of electricity and motor vehicle fuel, use fuel or natural gas
shall pay an annual amount equal to $60 multiplied by the ratio of the motor
vehicle fuel tax imposed by subsection A of this section to $.18 in addition to
the per-gallon tax on the fuel source other than electricity.
(
c
) By propane
or compressed natural gas shall pay an amount equal to $.18 on a gas gallon
equivalent, which is 5.66 pounds, multiplied by the ratio of motor vehicle fuel
tax imposed pursuant to subsection A of this section to $.18.
(
d
) By any
other source of fuel not listed in this paragraph, the department shall
establish a tax in an amount to be determined by the director that is
consistent with the tax of the motor vehicle class that the motor vehicle is
replacing and shall be indexed at the same ratio of motor fuels imposed
pursuant to subsection A of this section to $.18.
2. A heavy-duty vehicle that is
over twenty-six thousand pounds gross vehicle weight rating as
established by the manufacturer or that has three axles or more and that is
fueled:
(
a
) Exclusively
by electricity shall pay an amount equal to $.0143 per kilowatt hour as
consumed, which is the usable diesel gallon equivalent, multiplied by the ratio
of the use fuel tax imposed by subsection B of this section to $.26.
(
b
) By a
combination of electricity and motor vehicle fuel shall pay an amount equal to
$.0143 per kilowatt hour as consumed, which is the usable diesel gallon
equivalent, multiplied by the ratio of the use fuel tax imposed by subsection B
of this section to $.26 in addition to any taxes paid on the other fuel source
other than electricity.
(
c
) By propane
or compressed natural gas shall pay an amount equal to $.26 on a gas gallon
equivalent, which is 5.66 pounds, multiplied by the ratio of the use fuel tax
imposed by subsection B of this section to $.26.
(
d
) By liquid
natural gas shall pay an amount equal to $.26 on a usable diesel gallon
equivalent, which is 6.06 pounds, multiplied by the ratio of the use fuel tax
imposed by subsection B of this section to $.26.
(
e
) By hydrogen
shall pay an amount equal to $.26 on a usable diesel gallon equivalent, which
is 2.2 pounds, and reduced by forty-five percent, multiplied by the ratio
of the use fuel tax imposed by subsection B of this section to $.26.
(
f
) By any
other source of fuel not listed in this paragraph, the department shall
establish a tax in an amount to be determined by the director that is
consistent with the tax of the motor vehicle class that the motor vehicle is
replacing and shall be indexed at the same ratio of use fuel tax imposed by
subsection B of this section to $.26.
G. For the purposes of this section:
1. "Heavy-duty
vehicle" has the same meaning prescribed in 42 United States Code section
16104(
a
).
2. "Light motor vehicle"
has the same meaning prescribed in section 28-5491.
3. "Usable diesel gallon
equivalent" means the conversion of use fuel to a common energy density,
such as British thermal units or jules, and compensating for the natural heat
loss of internal combustion engines so that the rate is close to its internal
combustion engine counterpart regarding the amount collected for the vehicle's
use of the roads and bridges in this state.
END_STATUTE
Sec. 2.
Legislative intent
The legislature intends to ensure that
operators of motor vehicles that are powered by alternative fuel as defined in
section 1-215, Arizona Revised Statutes, are paying an amount that is
proportionally equal to the amount that operators of motor vehicles powered by
motor fuel as defined in section 28-5601, Arizona Revised Statutes, for
the purposes of highway use and maintenance.
Sec. 3.
Requirements for enactment; two-thirds vote
Pursuant to article IX, section 22,
Constitution of Arizona, this act is effective only on the affirmative vote of
at least two-thirds of the members of each house of the legislature and
is effective immediately on the signature of the governor or, if the governor
vetoes this act, on the subsequent affirmative vote of at least three-fourths
of the members of each house of the legislature.