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