BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: SB 206 ----------------------------------------------------------------- |Author: |Gaines | ----------------------------------------------------------------- |-----------+---------------------+-------------+-----------------| |Version: |4/7/2015 |Hearing |4/15/2015 | | | |Date: | | |-----------+---------------------+-------------+-----------------| |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Joanne Roy | | | | ----------------------------------------------------------------- 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 SB 206 (Gaines) Page 2 of ? 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 SB 206 (Gaines) Page 3 of ? 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 SB 206 (Gaines) Page 4 of ? 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 SB 206 (Gaines) Page 5 of ? 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. SB 206 (Gaines) Page 6 of ? 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 -- END --