BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 1077 (DeSaulnier) - Vehicles: mileage-based fee pilot  
          program.
          
          Amended: April 21, 2014         Policy Vote: T&H 9-0
          Urgency: No                     Mandate: No
          Hearing Date: May 12, 2014      Consultant: Mark McKenzie
          
          This bill meets the criteria for referral to the Suspense File. 
          
          Bill Summary: SB 1077 would require the Transportation Agency  
          (STA) to develop a pilot program by January 1, 2016 to explore  
          methods for using a mileage-based fee (MBF) that would replace  
          the state's excise tax on gasoline, and assess specified issues  
          related to statewide implementation of a mileage-based fee.    
          The bill would also require STA to submit a report to the  
          Legislature by June 30, 2017 that includes specified findings  
          and recommendations related to implementation of an MBF.

          Fiscal Impact: 
              Unknown, likely minor costs to assess specified issues and  
              develop a plan for conducting a pilot in 2014-15.  Staff  
              notes that the Department of Transportation (Caltrans),  
              through administrative action, has initiated efforts to  
              gather information and make recommendations for developing a  
              mileage-based fee pilot program. (State Highway Account) 

              Unknown costs, likely over $1 million annually through  
              2016-17, to conduct lab and field testing of equipment and  
              implement the pilot program. (State Highway Account)

              Estimated costs of $50,000 to $100,000 in 2016-17 to  
              prepare and submit the report to the Legislature. (State  
              Highway Account)

          Background: Mileage-based fees, also referred to as  
          vehicle-miles travelled (VMT) fees, have received increased  
          attention in recent years as a potential alternative to the fuel  
          tax as source of transportation funding.  Several comprehensive  
          studies and pilot programs have been completed to date,  
          including an academic research study in Iowa and pilot programs  
          in Oregon and Washington State.  These studies indicate that VMT  
          could be a viable revenue source, but also identify  








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          technological and institutional challenges to implementing a  
          comprehensive VMT program.  A measure was recently enacted in  
          Oregon (Senate Bill 810, 2013 Regular Session) to implement a  
          voluntary program that would allow 5,000 vehicle owners to pay a  
          per-mile road charge of 1.5 cents per mile in lieu of a fuel  
          tax, beginning in 2015.

          Proposed Law: SB 1077 would require STA to develop an MBF pilot  
          program by January 1, 2016 to assess the following issues  
          related to implementing an MBF in California to replace the fuel  
          excise tax as a source of transportation funding:
                 Methods for calculating mileage and collecting road  
               usage information that minimizes the collection of personal  
               information and includes alternatives to using electronic  
               vehicle location data.
                 Processes for managing, storing, transmitting, and  
               destroying data to ensure privacy and protect the integrity  
               of the data.
                 Types of equipment that may be required by individuals  
               and state agencies in order to implement an MBF, including  
               an assessment of the advantages and disadvantages, privacy  
               considerations, and contingencies for failure related to  
               any necessary equipment.
                 Estimated costs, both public and private, associated  
               with the initial implementation and ongoing operation of an  
               MBF system.
                 Processes and security measures necessary to minimize  
               fraud and tax evasion.
                 The appropriate government entities to collect data and  
               administer revenue collection, and the frequency of billing  
               and collecting MBF charges.

          The bill requires the STA to consult with the following entities  
          to develop the pilot program: the Department of Motor Vehicles  
          (DMV), Caltrans, the Institute of Transportation Studies at the  
          University of California, or any other entity that has expertise  
          in automotive technology, revenue collection, and protecting the  
          public's private information.

          SB 1077 would also require STA to submit a report of its  
          findings to the Legislature by June 30, 2017 that includes the  
          following elements:
                 Recommendations for implementing an MBF in a manner that  
               minimizes driver confusion and inconvenience while  








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               safeguarding privacy.
                 Recommendations regarding access to collected and stored  
               MBF data by public and private agencies, including law  
               enforcement, that ensures the protection of individual  
               privacy rights, as specified in the California  
               Constitution.
                 A discussion of various processes for transitioning from  
               a fuel excise tax to an MBF over time, given the  
               technological and institutional demands associated with  
               implementation.
                 A discussion of issues the Legislature may wish to  
               consider when evaluating whether and how to implement an  
               MBF, including emerging vehicle technologies that may  
               provide efficient options for collecting mileage data while  
               protecting the privacy of drivers.
                 A discussion of protections and safeguards that may be  
               enacted to ensure that an MBF has protections from  
               diversion and use of the revenues for non-transportation  
               purposes, and the same eligible uses as existing fuel tax  
               revenues, including consideration of voter approval.

          This bill would sunset on January 1, 2018.

          Related Legislation: SB 1299 (Lowenthal), which was held on this  
          committee's Suspense File in 2010, would have required DMV to  
          develop and implement a pilot program to assess specified issues  
          related to implementing a VMT fee in California that would  
          replace the excise tax on gasoline.

          Staff Comments: Costs related to this bill are unknown, but  
          would depend upon the rigor of STA's assessment of issues  
          related to implementing an MBF, and the size and scope of the  
          pilot.  STA was unable to provide an estimate of pilot costs at  
          the time of this analysis.  Staff assumes that STA or Caltrans  
          would aggregate the results of pilot programs and studies  
          conducted in other jurisdictions and evaluate their  
          applicability to California, survey technology providers to  
          determine available equipment options and infrastructure costs,  
          evaluate various methods for collecting data and ensuring its  
          integrity, assess issues related to phasing in an MBF fee  
          collection system (including when, where, and how often the fees  
          would be collected), and survey the acceptability of such a  
          system among fee payers.  Implementation of a pilot program  
          would require recruiting participants, testing of  








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          mileage-recording equipment, methods for fee collection, and the  
          collection, transmission, and maintenance of data.  Staff  
          estimates costs to conduct the pilot would likely exceed $1  
          million, and potentially several million, annually over two  
          fiscal years.  

          For comparative purposes, Oregon's 2007 pilot program was rather  
          extensive, involving nearly 300 volunteers to evaluate the  
          technological and administrative feasibility of a mileage-based  
          fee using GPS equipment installed in vehicles and data  
          collection via short-range radio frequency to receivers at gas  
          stations.  Costs for Oregon's program were approximately $3  
          million.  Oregon's costs for the more recent 2012-13 pilot  
          program that involves approximately 100 participants in three  
          states are unknown.  Costs for administering Oregon's  
          forthcoming voluntary per-mile road charge, as noted above, are  
          anticipated to be approximately $1.4 million per year.