BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 206
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|Author: |Gaines |
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|Version: |4/7/2015 |Hearing |4/15/2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Joanne Roy |
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Subject: Vehicle information systems
ANALYSIS:
Existing law:
1. Under the federal Clean Air Act (42 U.S.C. §7401 et seq.):
A. Requires the US Environmental Protection Agency to
establish national ambient air quality standards for
certain common and widespread pollutants and regulates air
emissions from stationary and mobile sources.
B. Requires states to adopt enforceable plans to achieve
and maintain air quality meeting the national air quality
standards.
2. Provides that the state Air Resources Board (ARB) is
responsible for developing statewide programs and strategies to
reduce the emission of smog-forming pollutants and toxics by
mobile sources. These include both on- and off-road sources
such as passenger cars, motorcycles, trucks, busses, heavy-duty
construction equipment, recreational vehicles, marine vessels,
lawn and garden equipment, and small utility engines.
3. Establishes the state Motor Vehicle Inspection Program. (HSC
§44000 et seq.).
A. Subjects all motor vehicles that are registered within
designated areas to a smog check every two years with
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specified exceptions. (HSC §44011(a)).
B. Provides an exception to HSC §44011(a) for motor
vehicles six or less model-years old unless ARB finds that
providing this exception will prohibit the state from
meeting specified requirements of the federal Clean Air Act
or the state's commitments with respect to the state
implementation plan required by the federal Clean Air Act.
(HSC §44011(a)(4)(B)).
4. Restricts the use of data from recording devices installed in
vehicles. (Vehicle Code §9951).
This bill:
1. Prohibits ARB from obtaining locational data or vehicle speed
data from a vehicle information system.
2. Provides that this prohibition does not apply to the Motor
Vehicle Inspection Program (i.e. Smog Check program).
3. Defines "vehicle information system" as a system which collects
data that a motor vehicle records, generates, stores, or
collects through a computer or other device embedded or
integrated into the vehicle, other than an event recorder, that
can by itself or with other information be used to distinguish
or individually identify the registered owner of the vehicle,
the driver, or the operation, use, or condition of the vehicle.
Background
1.On-Board Diagnostic Systems.
According to ARB, on-board diagnostic (OBD) systems, or "OBDs,"
are computer-based systems built into the hardware and software
of a vehicle's on-board computer of all 1996 and later
light-duty vehicles and trucks, as required by the federal Clean
Air Act Amendments of 1990.
OBD II, California's second generation of OBD requirements, is a
diagnostic system incorporated into the vehicle's powertrain
computer. The purpose of the OBD II systems is to detect high
emission levels caused by emission-related malfunctions, reduce
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the time between the occurrence of a malfunction and its
detection and repair, and also to assist in the diagnosis and
repair of the malfunction. OBD II systems activate their
monitoring strategies during normal on-road vehicle driving. If
a problem is detected, the OBD II system illuminates a warning
lamp on the vehicle instrument panel to alert the driver, and
stores data related to the detected malfunction in the on-board
computer so that it will be available to the technician for
downloading when the vehicle is serviced.
2.California's Smog Check Program.
The purpose of the state's Smog Check program is to reduce air
pollution from vehicles by making sure that cars with excessive
emissions are repaired in accordance with federal and state
requirements. Gasoline-powered vehicles, hybrid vehicles, and
alternative-fuel vehicles that are model year 1976 and newer
require a smog check.
A smog inspection consists of a tailpipe emission test and an
inspection of a vehicle's OBD II. The tailpipe emission test is
a visual inspection in which the technician checks for blue or
black smoke emitting from the tailpipe. As long as there is no
blue or black exhaust, the vehicle passes this part of the smog
inspection. The OBD II test requires the inspector to attach
vehicle components to a smog check machine and run the test for
certain codes. An OBD II system independently monitors the
performance of a vehicle's emission control system and relays
that information to the smog check machine. If the vehicle
components pass each code, then the vehicle passes this part of
the smog inspection.
Comments
1. Purpose of Bill.
According to the author, "In 2010, the Air Resources Board and the
Bureau of Automotive Repair jointly sponsored AB 2289, which
allowed the use of OBD II when performing the biennial smog
check in lieu of tailpipe testing. Utilizing the vehicle's own
emission monitoring systems allow for more accurate readings as
well as cut down on the consumer's wait time. While AB 2289
did propel technological delivery into the 21st century, it
also opened the door for the possibility that state agencies
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may view and retain more information than necessary when
performing smog check services. As technology moves forward,
OBD II will continue to retain more sensitive information; one
such as the location and speed of the vehicle. Therefore, the
safeguards this bill provides create sound legislation, and
will protect the personal privacy rights of individuals?Any
information needed for performing a smog check falls outside of
the realm of this bill."
2. Data Obtained for the Public Interest vs. Right to Privacy.
The volume of cars on the road and the increasing miles traveled
daily make automobiles the single largest source of smog
forming emissions. While new vehicles may start out with very
low emissions, improper maintenance or faulty components can
cause the vehicle emission levels to sharply increase. Studies
estimate that approximately 50% of the total emissions from
late-model vehicles are the result of emission-related
malfunctions.
Also, studies have found that OBD II based inspections catch a
greater percentage of vehicles that are in need of
emission-related repairs compared to tailpipe emissions tests
that have been traditionally used for state Inspection and
Maintenance programs. The Smog Check program utilizes
individual vehicle data to improve vehicle emissions statewide
and OBDs are an integral component of the Smog Check program.
Some have raised concern about the potential vulnerability and
accessibility of private data stored in a vehicle information
system. They want to make sure that data obtained from their
vehicles do not cross the line from providing non-personal
information that improves the public good to an invasion of
privacy.
This bill proposes to strike a balance between sharing data for
public benefit and a person's right to privacy by prohibiting
ARB from obtaining a vehicle's locational data and vehicle
speed data for purposes other than the Smog Check program.
These types of vehicle information likely have no bearing on
air quality issues. Although ARB does not currently collect
such information, this bill would prevent the board from doing
so in the future for purposes other than the Smog Check
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program.
3. ARB Addresses Rumors About "OBD III".
Some have raised concern that ARB may intend to collect more
personal data from vehicles beyond what it currently obtains
for the Smog Check program.
On its website, ARB states, "First, there is no such thing [as an
OBD III]. There has been speculation about a new OBD program
that would utilize remote transponders (like those currently
used for automated bridges or toll roads) to send information
indicating if any malfunctioning component is present in the
vehicle in lieu of having the vehicle inspected at a Smog Check
facility every one or two years. Many have referred to such a
concept as OBD III. However, contrary to the rumors, no such
program has been adopted by ARB nor have any decisions been
made by ARB to pursue such an approach in California. The
concept certainly exists and there are various products
consumers can buy to remotely monitor their vehicle. Some
other states are even pursuing pilot programs and allowing
consumers who voluntarily equip their vehicles with such
devices to be exempted from their inspection programs that are
similar to California's Smog Check. These other states have
pursued such approaches as additional ways to reduce consumer
inconvenience and costs of participating in the inspection
program."
4. Where Does All the Data Go Now?
Vehicles increasingly collect data about themselves and then
communicate that data in some fashion. This data is generally
in a raw form that requires proprietary tools to download and
interpret. It is currently unclear what is happening with the
data that vehicles collect; and what is collected and how it is
used is rapidly evolving. Some facts are clear, however,
including that most vehicle owners do not know what data their
vehicle generates, who has access to that data, and for what
purposes it is used. The law appears to be silent on who owns
this data, but as of now, vehicle manufacturers are most in
control of it due to their knowledge of the technology
installed on the vehicles they sell.
5. Double Referral.
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Double Referral to Senate Judiciary Committee. If this measure is
approved by the Senate Environmental Quality Committee, the do
pass motion must include the action to re-refer the bill to the
Senate Judiciary Committee.
Related/Prior Legislation
AB 2289 (Eng), Chapter 258, Statutes of 2010, authorized the
Bureau of Automotive Repair to certify high performing Smog Check
stations and technicians as STAR certified, which allows them to
inspect and repair vehicles that are likely to be high polluters.
AB 213 (Leslie), Chapter 427, Statutes of 2003, required that if a
motor vehicle is equipped with one or more data recording devices
(event recorder) for the purpose of retrieving data after an
accident, then the vehicle manufacturer must disclose this fact in
the owner's manual for the vehicle.
SB 33 (Presley), Chapter 892, Statutes of 1982, authorized the
Bureau of Automotive Repair to implement, maintain, and enforce
the Smog Check Program, which licenses Smog Check stations and
technicians to reduce air pollution from vehicles through
mandatory testing of vehicle emission control components.
SOURCE: Author
SUPPORT: None on file
OPPOSITION: None on file
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