BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 859
Author: Padilla (D), et al.
Amended: 8/23/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-1, 4/12/11
AYES: Hancock, Anderson, Calderon, Liu, Price, Steinberg
NOES: Harman
SENATE JUDICIARY COMMITTEE : 4-0, 5/3/11
AYES: Evans, Harman, Blakeslee, Leno
NO VOTE RECORDED: Corbett
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SENATE FLOOR : 35-3, 6/2/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Hancock, Harman, Hernandez, Huff, Kehoe,
La Malfa, Leno, Lieu, Liu, Lowenthal, Padilla, Pavley,
Price, Rubio, Steinberg, Strickland, Vargas, Walters,
Wolk, Wright, Wyland, Yee
NOES: Fuller, Gaines, Negrete McLeod
NO VOTE RECORDED: Runner, Simitian
ASSEMBLY FLOOR : 58-21, 8/31/11 - See last page for vote
SUBJECT : Department of Motor Vehicles: confidentiality
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of home address information
SOURCE : California Electric Transportation Coalition
DIGEST : This bill allows confidential home address
information in Department of Motor Vehicles records to be
disclosed to an electrical corporation or public utility if
the utility or its agent, under penalty of perjury,
requests and uses the information only for the purpose of
identifying where an electric vehicle is registered.
Assembly Amendments make technical and clarifying changes,
and add a coauthor.
ANALYSIS : Existing law, the California Constitution,
provides that all people have inalienable rights, including
the right to pursue and obtain privacy. (California
Constitution, Article I, Section 1)
Existing law provides that any residence address in
Department of Motor Vehicles' (DMV) records is confidential
and shall not be disclosed to any person except a court,
law enforcement or other government agency, or as specified
in Vehicle Code Sections 1808.22 and 1808.23. (Vehicle
Code Section 1808.21)
Existing law provides that residential addresses may be
disclosed to a vehicle manufacturer if the manufacturer or
its agent, under penalty of perjury, requests and uses the
information only for the purpose of safety, warranty,
emission, or product recall if the manufacturer offers to
make and makes any changes at no cost to the vehicle owner.
(Vehicle Code Section 1808.23(a))
Existing law provides that any residential addresses
released by DMV may not be used for direct marketing or
solicitation for the purchase of any consumer product or
service. (Vehicle Code Section 1808.23(d))
Existing law requires any person who has access to
confidential or restricted DMV information to establish
procedures to protect the confidentiality of those records.
Existing law specifies that if any confidential or
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restricted information is released to any agent of a person
authorized to obtain information, the person shall require
the agent to take all steps necessary to ensure
confidentiality and prevent the release of any information
to a third party. No agent shall obtain or use any
confidential or restricted records for any purpose other
than the reason the information was requested. (Vehicle
Code Section 1808.47)
This bill allows DMV to disclose confidential home address
information to an electrical corporation or public utility
if the corporation or utility or its agent, under penalty
of perjury, requests and uses the information only for the
purposes of identifying where an electric vehicle is
registered. All of the following shall apply to this bill:
DMV may disclose to the electrical corporation or local
publicly owned utility only the type of vehicle and
address of the electric vehicle owner. DMV shall not
disclose the name of the electric vehicle owner.
Within 15 days of receiving residence address information
from DMV pursuant to this section, an electrical
corporation or local publicly owned utility shall provide
a clear, express disclosure to the electric vehicle owner
that his/her residence address information is permitted
by law to be shared with the corporation or utility. The
disclosure shall not contain marketing information or a
solicitation for the purchase of goods or services.
Confidential home address and type of vehicle information
of electric vehicle owners disclosed pursuant to this
bill shall only be used for the purpose of identifying
where an electric vehicle is registered and shall not be
used or disclosed for any other purpose, including for
purposes of identifying the individual(s) residing at the
address, or to any other person.
The electrical corporation or local publicly owned
utility and its agents shall not sell, share, or further
disclose, including to any subsidiaries, residence
address or type of vehicle information of electric
vehicle owners obtained pursuant to this bill, or name
information determined by matching residence information
against the corporation or utility's customer records.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
DMV disclosures over $150 over
$300 over $300 Special*
* Motor Vehicle Account
SUPPORT : (Verified 8/31/11)
California Electric Transportation Coalition (source)
California Municipal Utilities Association
Environmental Defense Fund
National Resources Defense Council
Pacific Gas and Electric Company
Sacramento Municipal Utility District
San Diego Gas and Electric Company
Southern California Edison
ARGUMENTS IN SUPPORT : The author writes:
"Over the next ten years at least 1 million PEVs are
expected to hit the road in California. As PEVs enter
California markets, utilities, municipal governments, PEV
charging service providers, and other organizations are
working together on infrastructure rollouts to support
charging at homes and in public, and to ensure that PEV
charging integrates smoothly into the electricity grid.
"? the deployment of PEVs will place new demands on the
state's electric system, but managed properly, that
demand can benefit ratepayers and car owners alike. If
that service is not managed efficiently, it will cost all
ratepayers in the form of higher electric rates and
diminish the environmental benefits of PEVs by increasing
greenhouse gas and other emissions associated with the
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generation of electricity. However, a well-planned
electric vehicle charging infrastructure can ensure that
the distribution grid has the capacity necessary to
handle the charging of the vehicles and can also shift a
significant amount of charging to off-peak times. The
result is that the need for the new building of new power
plants is minimized and the utilization of existing
plants is increased."
The bill's sponsor, California Electric Transportation
Coalition (CalETC), writes that the bill would allow "DMV
to provide needed information to utilities for the sole
purpose of maintaining grid safety, reliability and
efficiency. The utilities would not be allowed to use the
DMV information for any marketing purposes but would have
access to essential information that will help to ensure
that localized transformer impacts associated with plug-in
electric vehicles are addressed prior to adverse
consequences, including potential localized outages due to
electricity demand increases. The DMV data is particularly
useful as this data is the single most reliable in terms of
tracking plug-in electric vehicle sale and resale. Any and
all costs associated with collecting the data will be borne
by utilities; these costs are anticipated to be minimal."
The sponsor indicates that several electric vehicle
manufacturers have entered into a memorandum of
understanding with utilities to provide the utilities with
the home address information of purchasers of new electric
vehicles. Consumers may opt-out of the sharing of this
information.
ASSEMBLY FLOOR : 58-21, 8/31/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Gordon, Hagman, Hall, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma,
Mendoza, Mitchell, Monning, Nestande, Pan, Perea, V.
Manuel Pérez, Portantino, Skinner, Solorio, Swanson,
Torres, Wagner, Wieckowski, Williams, Yamada, John A.
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Pérez
NOES: Conway, Cook, Donnelly, Garrick, Gatto, Grove,
Halderman, Harkey, Jeffries, Jones, Knight, Logue,
Mansoor, Miller, Morrell, Nielsen, Norby, Olsen, Silva,
Smyth, Valadao
NO VOTE RECORDED: Gorell
RJG:mw 8/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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