Mike Davis

@byMikeDavis

Hold on to your wallets, New Jersey.

That 23-cent gasoline tax hike may just be the beginning -- and what's worse, due to a loophole in the law, there's nothing drivers can do about it.

A provision in the new law to raise the state's gasoline tax gives the state treasurer the ability to change the rate from year to year if the state doesn't hit its gasoline revenue targets.

FILL 'ER UP: Christie signs gas tax bill into law

Such a decision would not require a vote by the Legislature and, thus, no public hearing.

“The citizens have no input. The Legislature has no input. It’s an automatic increase,” said Sen. Jennifer Beck, R-Monmouth, a vocal opponent of the gasoline tax legislation. “It’s a slap in our face to our residents, who are already taking it on the chin.”

Or, as Jackson resident Victoria Hurley-Schuybert put it: "It's my money. I should get a say in how it's spent."

On Nov. 1, the new law goes into effect and pump prices will reflect a 37.5-cent gasoline tax, the seventh-highest in the United States. The actual increase is in the Petroleum Products Gross Receipt Tax, a 12.5 percent tax charged on distributors.

MORE: Gas tax has legislators' phones ringing off the hook

According to legislative fiscal estimates, that tax is expected to bring in approximately $1.1 billion in revenue each year, a 60 percent increase caused by the higher gasoline tax.

But if that revenue projection isn't hit, the tax rate will go up even higher the next year to make up the difference. And if it brings in more revenue than expected, the rate will be lowered.

"The more things cost, the less people use them,” Beck said. “There’s a realistic expectation that gas stations won’t sell as much gas in 2017 as they did in 2016.”

Who voted 'yes' on raising the gas tax? Search for your legislator here.

“Once it starts, it will only get worse," said bill opponent Assemblyman Ronald Dancer, R-Ocean, in a statement.

Ocean County freeholders earlier this week were angered by the lack of any public notice of the "escalator clause." Though it had been included in a previous version of the bill, the amended bill wasn't made public until after it was passed by the Legislature.

"The devil is in the details. You have no idea what's in that bill. Every Oct. 1, we're going to get an increase," said Freeholder Ginny Haines, a Republican. "And there's no limit. There's no limit."

But the issue extends beyond simple costs: Legislative estimates predict that better fuel economy on new cars and a reliance on electric and hybrid vehicles will mean less gasoline sold — and prompt an increase.

Average fuel efficiency on new passenger cars is at 36.4 miles per gallon, according to 2014 statistics from the U.S. Department of Transportation. Fuel efficiency has increased slightly every year since 1999 and more than 24 percent over 10 years.

At the same time, the U.S. Department of Energy estimates more than 384,000 hybrid vehicles and 114,000 electric were sold in 2015 — higher than 2013 but a surprisingly sharp downtick from 2014.

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The root cause of the drop, according to the DOE? Low gasoline prices.

With higher gasoline prices, an increase in alternative fuel or more fuel efficient vehicles could throw off revenue projections. Despite buying less gasoline, those drivers may hike the prices up for everyone else.

Sal Risalvato, executive director of the New Jersey Gasoline, Convenience Store, Automotive Association, doesn’t anticipate an increase for four or five years.

“New mileage standards and more reliance on hybrids and electric vehicles – maybe even natural gas vehicles – could have a cause and effect with regards to volume (of gasoline sold),” Risalvato said.

More likely, Risalvato expects legislators in future years to focus on implementing a “vehicle miles traveled” tax.” It’s common sense, he said: A Honda Civic traveling 100 miles should pay more than a Honda Civic traveling 10 miles, since the higher-mileage car did more damage to the roadways.

A “VMT” tax would also collect revenue from electric and hybrid vehicles that don’t pay gasoline taxes.

“There’s going to be way too much evidence that vehicles are traveling more miles and using less fuel,” Risalvato said. “Rather than give a free ride to vehicles not using gasoline and not paying that tax, the VMT would be equally applied.”

Advocates say a gasoline tax hike was necessary to replenish the state's Transportation Trust Fund, rendered insolvent as of July. Without the new revenue, the fund could only afford to pay off debt -- not fix roads, bridges or invest in mass transit, the main purposes of the TTF.

Meanwhile, two Republican lawmakers have launched an online petition to show how many citizens are opposed to the 23-cent per gallon increase. By Thursday afternoon, more than 11,200 residents had signed the petition since it was started late Friday. Nearly 900 comments have been posted on the petition's web page.

EDITORIAL: Voters’ turn on gas tax

READ: New Jersey’s first gas tax increase in three decades heads to Christie’s desk

"This tax is bad news. It will drive the prices up of everything. You won't save a bit. You are forcing the middle class right out of this state," wrote Jim Corio, who described himself as a carpenter at Princeton University. "And don't forget we will remember next November. If we are still here!"

"I drive far more than I like between my commutes to work, and driving on the job," wrote Joe Evaristo of East Brunswick. "This gas tax is going to hurt - it has got to go, and everyone who voted for it should be recalled."

Sens. Kip Bateman, R-Somerset, and Michael Doherty, R-Warren, are also planning to introduce legislation that would repeal the tax that was the result of a deal between Gov. Chris Christie and Democratic legislative leaders.

To sign the petition, visit www.senatenj.com/gastaxrepeal.

MORE: TTF has big needs, slack funding

Staff writers Erik Larsen and Mike Deak contributed to this report

Mike Davis: 732-643-4223; mdavis@gannettnj.com