Includes whereas clauses.

Amends GS Chapter 105 by enacting new Article 36E, “The Electric Vehicle Highway Use Equalization Tax”  (EV Highway Use Tax). Defines electric vehicle as any vehicle that is a fuel cell electric vehicle.  Incorporates the definition of fuel cell electric vehicle in GS 20-4.01 (a four-wheeled motor vehicle that does not have the ability to be propelled by a gasoline engine and that meets each of five enumerated requirements) into Article 36E. 

Imposes an electric vehicle highway use equalization tax on any electric vehicle registered in the State. Sets the tax rate for calendar year 2024 (January 1, 2024, through December 31, 2024) as a flat rate of 1.2¢ per mile multiplied by the number of miles traveled by the electric vehicle the previous calendar year. Starting on January 25, 2025, the electric vehicle highway use equalization tax is the amount for the preceding calendar year, multiplied by the percentage calculated under GS 105-449.80 (governing the tax rate for the motor fuel excise tax). Directs that the tax will be used for the development and maintenance of the statewide transportation system.

Sets the following annual tax reporting periods:

·      For an electric vehicle owned by person(s) not required to file an individual income tax return under Article 4 (Part II) of GS Chapter 105, the annual reporting period ends on the last day of the calendar year. The EV Highway Use Tax return is due on April 15.  

·      For an electric vehicle owned by person(s) required to file an individual income tax return under Article 4 (Part II) of GS Chapter 105, the annual reporting period ends on the last day of the individual's income tax year. Directs that the EV Highway Use Tax be paid on the individual's income tax return.  

·      For an electric vehicle that is owned by a corporation subject to corporate income tax imposed by  Part 1 of Article 4 of GS 105, the annual reporting period ends on the last day of the corporation's income tax year. Directs that the EV Highway Use Tax be paid on the corporation’s income tax return.   

Authorizes the Department of Revenue to verify the number of reported miles under Article 36E using DMV title and safety inspection records.

Directs the Department of Revenue and the Department of Transportation to enter into a memorandum of understanding concerning the administration of Article 36E.

Effective on January 1, 2024.