Used Electric Vehicle Battery Disclosure Amendments
Summary
HB 427 creates a new chapter in Utah law governing the sale of electric motor vehicles, with a focus on battery transparency. Beginning with model year 2027, new electric motor vehicles sold in Utah must display the battery state of health and battery service history in a way that can be viewed by the user without tools. The bill also requires disclosures for used electric vehicles, distinguishing between private sellers and dealers.
For used electric vehicles sold by private sellers, the bill requires disclosure of the battery’s current state of health (measured within the prior 30 days), the status of any battery warranty, and any known battery service history. Dealers selling used electric vehicles must make the same disclosures, and the bill gives purchasers a private right of action for actual damages, costs, and reasonable attorney fees if required disclosures are not made. The bill also authorizes enforcement by the Division of Consumer Protection, including administrative fines and civil actions, and directs penalties and fines to the Consumer Protection Education and Training Fund.
Impact
The bill enacts Sections 13-75-101 through 13-75-104 of the Utah Code, creating new disclosure requirements for electric motor vehicle sales and new enforcement mechanisms. It affects dealers, private sellers, purchasers of used EVs, and the Division of Consumer Protection, while also imposing a future product-display requirement on new EVs sold in Utah starting with model year 2027. It does not appropriate money and takes effect May 7, 2025.
Sentiment
The bill’s framing suggests a consumer-protection approach aimed at improving transparency in the growing electric vehicle market. Because no committee transcripts or recorded votes were provided, there is no direct evidence of debate or opposition in the available materials. On its face, the bill appears designed to support buyers by giving them more information about battery condition and warranty status before purchase.
Contention
The main potential points of contention are the scope and burden of the disclosure requirements, especially for private sellers who must provide battery health information measured within 30 days and disclose known service history. Dealers may also view the new obligations and exposure to damages, attorney fees, administrative fines, and civil penalties as compliance burdens. Another possible issue is the practicality of obtaining and presenting battery state-of-health information without tools, particularly for older vehicles or vehicles with limited service records.