BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 493
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Daly
VERSION: 4/17/13
Analysis by: Eric Thronson FISCAL: no
Hearing date: June 4, 2013
SUBJECT:
Electronic toll collection interoperability
DESCRIPTION:
This bill permits toll facility operators in the state to
implement technologies or business practices that provide for
nationwide interoperability of electronic toll collection
programs.
ANALYSIS:
Toll agencies may employ an automatic vehicle identification
system to facilitate toll operations, such as the FasTrak
transponder that is commonly used in California. These systems
allow subscribers to prepay tolls thereby eliminating the need
to stop and pay at a toll plaza.
In 2012, Congress passed and the President signed the surface
transportation reauthorization bill, the Moving Ahead for
Progress in the 21st Century Act (MAP-21). Among MAP-21's many
provisions is the requirement that all highway toll facilities
that were constructed with federal funds implement technologies
or business practices that provide for the nationwide
interoperability of electronic toll collection (ETC) by October
1, 2016. The goal of interoperability is that pre-paid toll
customers are able to pay tolls on any participating toll
facility in the country using a single account. Currently,
there are roughly 10 different ETC system standards in use
around the country with varying degrees of interoperability
between states.
Existing state law requires that the California Department of
Transportation (Caltrans) and toll operators develop functional
specifications and standards for ETC systems to ensure
interoperability between systems in the state. While state toll
AB 493 (DALY) Page 2
operators have achieved interoperability between toll facilities
within the state, California toll collection devices are not
currently interoperable with out-of-state toll facilities.
In 2010, the Legislature passed SB 1268 (Simitian), Chapter 489,
which established privacy protections for subscribers to ETC
systems and anyone else using toll facilities. Specifically,
SB 1268 prohibited transportation agencies from selling or
otherwise providing personally identifiable information about
their subscribers, with some minor exceptions such as for law
enforcement purposes or to comply with the state's
interoperability efforts.
This bill permits toll facility operators in the state to
implement technologies or business practices that provide for
nationwide interoperability of electronic toll collection
programs. Further, this bill restricts toll operators in the
state from sharing any information with other toll facility
operators beyond:
A vehicle's license plate number;
Transponder identification number;
Date and time of transaction; and
Identity of the toll facility operating agency.
COMMENTS:
1.Purpose . According to the author, this bill grants California
transportation agencies the authority to implement
technologies or business practices necessary to successfully
comply with federal interoperability requirements without
undermining the privacy protections in existing law.
California toll operators currently cannot participate in
interstate interoperability programs because existing law does
not allow them to share information with out-of-state
agencies. This bill makes minimal exceptions to existing
privacy protections in order to enable toll operators to takes
steps toward complying with federal requirements.
2.Complying with the MAP-21 interoperability mandate . As
mentioned above, the federal government requires that all ETC
systems in the country be interoperable by 2016. Due to the
many challenges involved with achieving interoperability,
AB 493 (DALY) Page 3
however, industry groups suggest that it may be difficult to
comply with this mandate. The Federal Highway Administration
has not released guidance on the mandate, and it is unclear if
and how states will meet the mandate and what the
ramifications may be for states that do not. In some
instances, a state's non-compliance with federal law can lead
to a reduction in federal aid highway funds. This bill
changes existing law to allow toll operators to comply with
federal law and therefore limit the risk of losing federal aid
highway funds.
RELATED LEGISLATION:
SB 242 (Wyland) permits Caltrans or local and regional
transportation agencies to conduct a pilot of alternative
electronic toll collection technologies. Pending in the
Assembly Transportation Committee.
Assembly Votes:
Floor: 74-1
Trans: 16-0
POSITIONS: (Communicated to the committee before noon on
Wednesday, May 29,
2013.)
SUPPORT: Transportation Corridor Agencies of Orange County
(sponsor)
Metropolitan Transportation Commission
OPPOSED: None received.