BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 1135
                                                                  Page A
          Date of Hearing:   April 20, 2009

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                   Mike Eng, Chair
                   AB 1135 (Skinner) - As Amended:  April 13, 2009
           
          SUBJECT  :  Odometer readings

           SUMMARY  :  Requires vehicle owners to record their odometer  
          readings when applying for registration renewal.  Specifically,  
           this bill  :  

          1)Makes various findings and declarations regarding the  
            research, transportation planning and air quality benefits  
            that would accrue from having more accurate data available on  
            vehicle miles traveled (VMT).  

          2)Requires vehicle owners, at the time of application for  
            renewal of a vehicle registration, to report the current  
            odometer reading.  

          3)Provides that this information, except for the name and  
            address of the vehicle owner and the license plate number of  
            the vehicle, is public information.  

          4)Requires the Department of Motor Vehicles (DMV) to group the  
            information into census blocks and create a database that can  
            sort the data by block group, census tract, city and county.  

          5)Requires the data to be made available on DMV's website on an  
            annual basis.  

           EXISTING LAW  :  Requires vehicle registration renewal applicants  
          to file an application and pay specified fees.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The author is presenting this bill as a means of  
          assisting metropolitan planning organizations (MPOs) to meet  
          their regional greenhouse gas (GHG) emissions targets under SB  
          375 (Steinberg) Chapter 728, Statutes of 2008.  SB 375 requires  
          MPOs to include sustainable community strategies in their  
          regional transportation plans (RTPs) for the purpose of reducing  
          GHG emissions, aligns planning for transportation and housing,  
          and creates incentives for the implementation of these  









                                                                  AB 1135
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          strategies.  

          Supporters cite the fact that transportation accounts for nearly  
          40% of all California's GHG emissions, which will consequently  
          require significant reductions in VMT in order to meet state GHG  
          reduction mandates.  

          Current estimates of VMT are derived from models that rely on  
          sampled, extrapolated, and often outdated data. They may be  
          based on the volume of fuels that are sold, data retrieved from  
          loop detectors on freeways and other traffic counting  
          mechanisms, travel demand modeling, and odometer data recorded  
          at Smog Check inspections.  VMT estimates derived through these  
          means can vary significantly from region to region and are  
          inherently less helpful at distinguishing between different  
          neighborhoods and measuring impacts from transit-oriented  
          development and land-use policies to reduce driving.  
          Supporters contend that "accurate VMT data will assist local and  
          regional decision-makers in better understanding the impact of  
          land use on driving patterns.  As strategies like new transit  
          investments, transportation pricing, and focusing growth near  
          transit are undertaken this data will give us a measure of how  
          these changes impact driving.  These data will enable us to make  
          more informed choices that can reduce inefficiencies, maximize  
          cost-effectiveness, and identify the most robust strategies to  
          reduce global warming pollution associated with transportation."  
           

          Although this bill contains what appears to be sufficient  
          safeguards to protect against inappropriate use of the gathered  
          information, privacy advocates and individual vehicle owners may  
          view the bill's requirement as posing an intrusion upon their  
          privacy rights or an unnecessary burden.  Additionally, some may  
          perceive the bill as a precursor to a VMT tax, which has been  
          discussed as a more equitable and stable transportation  
          financing mechanism than the existing excise tax on motor  
          vehicle fuels.  

          Any concern about privacy issues would seem to be overblown as  
          this bill specifically precludes the dissemination of data  
          regarding individual vehicle owners.  And any move to impose a  
          VMT tax would require separate legislation from this -  
          legislation that would certainly spark its own debate about  
          taxing policy and would necessarily be considered on its own  
          merits.  Enacting this bill would not logically make the passage  









                                                                  AB 1135
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          of a VMT tax any easier than it would otherwise be.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          TransFORM California (sponsor)
          American Lung Association of California
          Bay Area Air Quality Management District
          Breathe California
          California Air Pollution Control Officers Association
          CALPIRG
          Chinatown Community Development Center
          Conservation League of California Voters
          EAH Housing 
          Ecocity Builders
          Environmental Defense Fund
          Friends of BRT
          Metropolitan Transportation Commission
          Natural Resources Defense Council
          Planning and Conservation League
          Sierra Club California

           Opposition 
           
          None received
           

          Analysis Prepared by  :   Howard Posner / TRANS. / (916) 319-2093