BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AJR 5
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          ASSEMBLY THIRD READING
          AJR 5 (Bonnie Lowenthal)
          As Introduced February 10, 2011
          Majority vote 

           TRANSPORTATION      9-2                                         
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal,         |     |                          |
          |     |Blumenfield, Bonilla,     |     |                          |
          |     |Buchanan, Eng, Furutani,  |     |                          |
          |     |Galgiani, Portantino,     |     |                          |
          |     |Solorio                   |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Achadjian, Logue          |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requests the President and Congress of the United 
          States (U.S.) to enact legislation to conduct a study regarding 
          the feasibility of collecting transportation revenue based on a 
          vehicle miles traveled (VMT) fee.  Specifically,  this 
          resolution  :  

          1)Declares that the primary funding source for transportation in 
            the U.S. is derived from excise and sales tax on gasoline and 
            diesel fuel collected by the federal, state, and local 
            governments.  

          2)Declares that the excise tax on gasoline and diesel fuel is 
            not indexed to inflation and, as a result, is eroding with 
            inflation.  

          3)Declares that the demand for transportation continues to grow 
            meanwhile the value of the fuel tax is diminishing, making the 
            fuel tax an increasingly inadequate source of revenue to fund 
            transportation projects and programs.  

          4)Declares a need for the creation of supplements or 
            alternatives to the fuel tax as a transportation revenue 
            source due to declining supplies of conventional 
            petroleum-based fuels, increasing numbers of vehicles powered 
            by nonpetroleum-based fuels, and increasing numbers of 
            fuel-efficient vehicles.  








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          5)Declares that there is growing disparity between revenue 
            needed to fund the protection and improvement of the 
            transportation system and revenue available for those 
            purposes.  

          6)Declares that VMT fees have received increasing attention in 
            recent years as a potential supplement or alternative to the 
            fuel tax.  

          7)Declares that the most recent multiyear federal transportation 
            authorization, the Safe, Accountable, Flexible, Efficient 
            Transportation Equity Act-A Legacy for Users (SAFETEA-LU) 
            established the National Surface Transportation Policy and 
            Revenue Study Commission (Commission) tasked with examining 
            the condition and future needs of the nation's surface 
            transportation system, as well as short- and long-term 
            alternatives to the fuel tax.  

          8)Declares that the Commission recommended consideration of a 
            VMT fee.  

          9)Declares that implementing a VMT fee would involve a number of 
            operational, technological, and institutional challenges that 
            need resolution, including determining the method for 
            calculating mileage, securely transmitting mileage data to a 
            tax collection agency, instituting privacy protections, and 
            methodologies for transitioning from the fuel tax to a VMT fee 
            payment system.  

          10)Declares that data on deployment of a VMT fee system exists 
            through the State of Oregon's recent VMT pilot program.  

          11)Requests that the President and the U.S. Congress consider 
            and enact legislation to conduct a study regarding the 
            feasibility of a VMT fee collection process that would develop 
            a steady and reliable transportation revenue source for the 
            maintenance and improvement of surface transportation 
            infrastructure.  

          12)Directs the Chief Clerk of the Assembly to transmit copies of 
            this resolution to the President and Vice President of the 
            U.S., the Speaker of the House of Representatives, the 
            Majority Leader of the Senate, and each Senator and 








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            Representative from California in the U.S. Congress.  

           EXISTING LAW  :  

          1)Imposes a 35.3 cent per gallon state excise tax on gasoline 
            and similar taxes on diesel fuel.  

          2)Imposes an 18.4 cent per gallon federal excise tax on gasoline 
            and similar taxes on diesel fuel.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The author notes the Commission established by 
          SAFETEA-LU was charged with evaluating future highway and 
          transit needs, analyzing the finances of the Highway Trust Fund, 
          and making recommendations regarding alternative approaches to 
          financing transportation infrastructure.  The Commission found 
          that the current federal motor fuel tax is unsustainable over 
          the long term and recommended that the U.S. shift away from a 
          gas tax to a mileage-based user fee by 2020.  

          In addition to the Commission's findings, the Legislative 
          Analyst's Office has affirmed that the current fuel tax has not 
          kept pace with inflation and continues to erode over time.  The 
          federal fuel tax experienced a 33% loss in purchasing power 
          since 1993 and the state gas tax has experienced a 29% loss in 
          value since 1994.  Additionally, further erosion of the state 
          and federal fuel taxes are foreseen as use of fuel efficient and 
          alternative fuel vehicles increases.  

          While the fuel tax is eroding, use of the transportation system 
          is steadily increasing.  In California, the California 
          Transportation Commission notes that travel on California's 
          roads has increased by 35% between 1991 and 2006.  Increased use 
          of the already aging transportation system along with decreased 
          revenues available to pay for the systems maintenance and 
          expansion are issues of great concern.  

          Numerous states have already begun to look into the possibility 
          of instituting VMT fees to support transportation 
          infrastructure.  The information generated by individual states 
          is invaluable, but it is also important that a coordinated 
          national effort take place.  









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          The author's goal in introducing this resolution is to lend 
          weight to the Commission's recommendation and strongly encourage 
          the President and U.S. Congress to enact legislation that 
          directs a study on the feasibility of creating a VMT fee 
          collection system.  The author notes that, in part, issues that 
          should be addressed by the study include maintaining privacy 
          protections of individuals, developing secure methods to 
          transmit data, addressing revenue collection on inter- verses 
          intrastate travel, adjusting fees to encourage conservation of 
          resources and air quality protection, as well as integrating 
          information and data from VMT fee collection programs in both 
          the public and private sectors.  

          Previous legislation:  SB 1299 (Alan Lowenthal) of 2010 would 
          have required the Department of Motor Vehicles to develop and 
          implement a pilot program by January 1, 2012 to assess specified 
          issues related to implementing a VMT fee in California.  That 
          bill died in the Senate Appropriations Committee.  
           
           The author intends that the study would evaluate data from the 
          existing body of research and testing of the VMT model and 
          recommend a reasonable and feasible fee collection process.  

           
          Analysis Prepared by  :    Victoria Alvarez / TRANS. / (916) 319- 
          2093 


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