BILL ANALYSIS Ó AJR 5 Page 1 Date of Hearing: March 21, 2011 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair AJR 5 (Lowenthal) - As Introduced: February 10, 2011 SUBJECT : Transportation: vehicle miles traveled SUMMARY : Requests the President and Congress of the United States to enact legislation to conduct a study regarding the feasibility of collecting transportation revenue based on a vehicle miles traveled (VMT) fee. Specifically, this resolution : 1)Declares that the primary funding source for transportation in the United States is derived from excise and sales tax on gasoline and diesel fuel collected by the federal, state, and local governments. 2)Declares that the excise tax on gasoline and diesel fuel is not indexed to inflation and, as a result, is eroding with inflation. 3)Declares that the demand for transportation continues to grow meanwhile the value of the fuel tax is diminishing, making the fuel tax an increasingly inadequate source of revenue to fund transportation projects and programs. 4)Declares a need for the creation of supplements or alternatives to the fuel tax as a transportation revenue source due to declining supplies of conventional petroleum-based fuels, increasing numbers of vehicles powered by nonpetroleum-based fuels, and increasing numbers of fuel-efficient vehicles. 5)Declares that there is growing disparity between revenue needed to fund the protection and improvement of the transportation system and revenue available for those purposes. 6)Declares that VMT fees have received increasing attention in recent years as a potential supplement or alternative to the fuel tax. 7)Declares that the most recent multiyear federal transportation AJR 5 Page 2 authorization, the Safe, Accountable, Flexible, Efficient Transportation Equity Act-A Legacy for Users (SAFETEA-LU) established the National Surface Transportation Policy and Revenue Study Commission (Commission) tasked with examining the condition and future needs of the nation's surface transportation system, as well as short- and long-term alternatives to the fuel tax. 8)Declares that the Commission recommended consideration of a VMT fee. 9)Declares that implementing a VMT fee would involve a number of operational, technological, and institutional challenges that need resolution, including determining the method for calculating mileage, securely transmitting mileage data to a tax collection agency, instituting privacy protections, and methodologies for transitioning from the fuel tax to a VMT fee payment system. 10)Declares that data on deployment of a VMT fee system exists through the State of Oregon's recent VMT pilot program. 11)Requests that the President and the Congress of the United States consider and enact legislation to conduct a study regarding the feasibility of a VMT fee collection process that would develop a steady and reliable transportation revenue source for the maintenance and improvement of surface transportation infrastructure. 12)Directs the Chief Clerk of the Assembly to transmit copies of this resolution to the President and Vice President of the United States, the Speaker of the House of Representatives, the Majority Leader of the Senate, and each Senator and Representative from California in the Congress of the United States. EXISTING LAW : 1)Imposes a 35.3 cent per gallon state excise tax on gasoline and similar taxes on diesel fuel. 2)Imposes an 18.4 cent per gallon federal excise tax on gasoline and similar taxes on diesel fuel. AJR 5 Page 3 FISCAL EFFECT : Unknown COMMENTS : The author notes the Commission established by SAFTEA-LU was charged with evaluating future highway and transit needs, analyzing the finances of the Highway Trust Fund, and making recommendations regarding alternative approaches to financing transportation infrastructure. The Commission found that the current federal motor fuel tax is unsustainable over the long term and recommended that the United States shift away from a gas tax to a mileage-based user fee by 2020. In addition to the Commission's findings, the Legislative Analyst's Office has affirmed that the current fuel tax has not kept pace with inflation and continues to erode over time. The federal fuel tax experienced a 33% loss in purchasing power since 1993 and the state gas tax has experienced a 29% loss in value since 1994. Additionally, further erosion of the state and federal fuel taxes are foreseen as use of fuel efficient and alternative fuel vehicles increases. While the fuel tax is eroding, use of the transportation system is steadily increasing. In California, the California Transportation Commission notes that travel on California's roads has increased by 35% between 1991 and 2006. Increased use of the already aging transportation system along with decreased revenues available to pay for the systems maintenance and expansion are issues of great concern. Numerous states have already begun to look into the possibility of instituting VMT fees to support transportation infrastructure. The information generated by individual states is invaluable, but it is also important that a coordinated national effort take place. The author's goal in introducing this resolution is to lend weight to the Commission's recommendation and strongly encourage the President and Congress of the United States to enact legislation that directs a study on the feasibility of creating a VMT fee collection system. The author notes that, in part, issues that should be addressed by the study include maintaining privacy protections of individuals, developing secure methods to transmit data, addressing revenue collection on inter- verses intrastate travel, adjusting fees to encourage conservation of resources and air quality protection, as well as integrating information and data from VMT fee collection programs in both AJR 5 Page 4 the public and private sectors. Previous legislation : SB 1299 (A. Lowenthal) of 2010 would have required the Department of Motor Vehicles to develop and implement a pilot program by January 1, 2012 to assess specified issues related to implementing a VMT fee in California. That bill died in Senate Appropriations Committee. REGISTERED SUPPORT / OPPOSITION : Support None on file Opposition None on file Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319- 2093