CHAPTER 7. Road Usage Charge Pilot Program [3090 - 3093]
( Chapter 7 added by Stats. 2014, Ch. 835, Sec. 2. )
(a) The Chair of the California Transportation Commission shall create, in consultation with the Secretary of the Transportation Agency, a Road Usage Charge (RUC) Technical Advisory Committee.
(b) (1) The purpose of the technical advisory committee is to guide the development and evaluation of a pilot program to assess the potential for mileage-based revenue collection for California’s roads and highways as an alternative to the gas tax system.
(2) Commencing January 1, 2019, the technical advisory committee shall continue to assess the potential for mechanisms, including, but not limited to, a mileage-based revenue collection system, to use as alternative methods to the existing
gas tax system for generating the revenue necessary to maintain and operate the state’s transportation system.
(c) The technical advisory committee shall consist of 15 members. In selecting the members of the technical advisory committee, the chair shall consider individuals who are representative of the telecommunications industry, highway user groups, the data security and privacy industry, privacy rights advocacy organizations, regional transportation agencies, national research and policymaking bodies, including, but not limited to, the Transportation Research Board and the American Association of State Highway and Transportation Officials, Members of the Legislature, and other relevant stakeholders as determined by the chair.
(d) Pursuant to Section 14512 of the Government Code, the technical advisory committee may request the Department of Transportation to perform such work
as the technical advisory committee deems necessary to carry out its duties and responsibilities.
(e) The technical advisory committee shall study RUC alternatives to the gas tax. The technical advisory committee shall gather public comment related to the activities described in subdivision (b) and shall make recommendations to the Secretary of the Transportation Agency on the design of a pilot program to test alternative RUC approaches. The technical advisory committee may also make recommendations on the criteria to be used to evaluate the pilot program.
(f) In studying alternatives to the current gas tax system and developing recommendations on the design of a pilot program to test alternative RUC approaches pursuant to subdivision (e), the technical advisory committee shall take all of the following into consideration:
(1) The availability, adaptability, reliability, and security of methods that might be used in recording and reporting highway use.
(2) The necessity of protecting all personally identifiable information used in reporting highway use.
(3) The ease and cost of recording and reporting highway use.
(4) The ease and cost of administering the collection of taxes and fees as an alternative to the current system of taxing highway use through motor vehicle fuel taxes.
(5) Effective methods of maintaining compliance.
(6) The ease of reidentifying location data, even when personally identifiable information has been removed from the data.
(7) Increased privacy concerns when location data is used in conjunction with other technologies.
(8) Public and private agency access, including law enforcement, to data collected and stored for purposes of the RUC to ensure individual privacy rights are protected pursuant to Section 1 of Article I of the California Constitution.
(g) The technical advisory committee shall consult with highway users and transportation stakeholders, including representatives of vehicle users, vehicle manufacturers, and fuel distributors as part of its duties pursuant to subdivision (f).
(Amended by Stats. 2018, Ch. 698, Sec. 1. (SB 1328) Effective January 1, 2019. Repealed as of January 1, 2027, pursuant to Section 3093.)
(a) Based on the recommendations of the RUC Technical Advisory Committee, the Transportation Agency shall implement a pilot program to identify and evaluate issues related to the potential implementation of an RUC program in California by January 1, 2017.
(b) At a minimum, the pilot program shall accomplish all of the following:
(1) Analyze alternative means of collecting road usage data, including at least one alternative that does not rely on electronic vehicle location data.
(2) Collect a minimum amount of personal information including location tracking information,
necessary to implement the RUC program.
(3) Ensure that processes for collecting, managing, storing, transmitting, and destroying data are in place to protect the integrity of the data and safeguard the privacy of drivers.
(c) The agency shall not disclose, distribute, make available, sell, access, or otherwise provide for another purpose, personal information or data collected through the RUC program to any private entity or individual unless authorized by a court order, as part of a civil case, by a subpoena issued on behalf of a defendant in a criminal case, by a search warrant, or in aggregate form with all personal information removed for the purposes of academic research.
(Added by Stats. 2014, Ch. 835, Sec. 2. (SB 1077) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 3093.)
(a) The Transportation Agency shall prepare and submit a report of its findings based on the results of the pilot program to the RUC Technical Advisory Committee, the California Transportation Commission, and the appropriate policy and fiscal committees of the Legislature by no later than June 30, 2018. The report shall include, but not be limited to, a discussion of all of the following issues:
(1) Cost.
(2) Privacy, including recommendations regarding public and private access, including law enforcement, to data collected and stored for purposes of the RUC to ensure individual privacy rights are protected pursuant to Section 1 of Article
I of the California Constitution.
(3) Jurisdictional issues.
(4) Feasibility.
(5) Complexity.
(6) Acceptance.
(7) Use of revenues.
(8) Security and compliance, including a discussion of processes and security measures necessary to minimize fraud and tax evasion rates.
(9) Data collection technology, including a discussion of the advantages and disadvantages of various types of data collection equipment and the privacy implications and considerations of the equipment.
(10) Potential for additional
driver services.
(11) Implementation issues.
(b) The California Transportation Commission shall include its recommendations regarding the pilot program in its annual report to the Legislature as specified in Sections 14535 and 14536 of the Government Code.
(Added by Stats. 2014, Ch. 835, Sec. 2. (SB 1077) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 3093.)
(a) Commencing on or after January 1, 2023, the Transportation Agency, in consultation with the California Transportation Commission, shall implement a pilot program to identify and evaluate issues related to the collection of revenue for a road charge program.
(b) The Road Usage Charge Technical Advisory Committee shall, by no later than July 1, 2023, make recommendations to the Transportation Agency on the design of the pilot program to test revenue collection, including the group of vehicles to participate in the pilot.
(1) In deciding which group of vehicles to recommend for the pilot, the committee shall consider input from industry experts and relevant stakeholders.
(2) If a vehicle group other than state-owned vehicles is selected, participation in the pilot shall be voluntary.
(3) The committee may make recommendations on the criteria to be used to evaluate the pilot program.
(c) The Transportation Agency shall consult with appropriate state agencies, which may include, but are not limited to, the Department of Transportation, the Department of Motor Vehicles, the California Department of Tax and Fee Administration, and the Controller to design a process for collecting road charge revenue from vehicles. The road charge may be collected by the Transportation Agency or by any entities or persons designated by the agency.
(d) Participants in the pilot program shall be charged a mileage-based fee as specified in
subdivision (e), and receive a credit or a refund for the estimated state fuel taxes and electric vehicle fees paid to operate a vehicle during the pilot. The credit or refund for electric vehicle fees described in Section 9250.6, which are paid annually, shall be prorated.
(e) For purposes of calculating the mileage-based fee, participating vehicles shall be equally subdivided and randomly assigned to one of two study groups. One group will be subject to a fee per mile traveled, determined by the committee no later than July 1, 2023, that will be the same for all vehicles in that group. The other group will be subject to an individually calculated fee per mile traveled, that is equal to the state per-gallon fuel tax divided by the United States Environmental Protection Agency’s estimated fuel economy rating for that vehicle based on the manufacturer, model, and year of the vehicle.
(f) The pilot program shall not affect funding levels for each program or purpose supported by state fuel tax and electric vehicle fee revenues.
(g) Paragraphs (2) and (3) of subdivision (b) and subdivision (c) of Section 3091 shall apply to the pilot program.
(h) The Transportation Agency, in consultation with the California Transportation Commission and the committee, shall, by no later than July 1, 2024, prepare and submit an interim report on the status of the pilot program, and by no later than December 31, 2026, the Transportation Agency, in consultation with the California Transportation Commission and the committee, shall prepare and submit a final report of its findings based on the results of the pilot program, to the appropriate policy and fiscal committees of the Legislature. The final report shall include, but not be limited to, a discussion of costs and
implementation issues, and an evaluation and comparison of the two fee-calculation methodologies described in subdivision (e), including the effectiveness of those methodologies in ensuring sustainable funding for transportation and their alignment with the state’s climate, air quality, zero-emissions vehicle, and equity goals. The reports required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2021, Ch. 308, Sec. 2. (SB 339) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 3093.)
This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
(Amended by Stats. 2021, Ch. 308, Sec. 3. (SB 339) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 7, commencing with Section 3090.)