Chapter 7. Road Usage Charge Pilot Program of California Vehicle Code >> Division 2. >> Chapter 7.
(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
(b) 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.
(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
(e) The technical advisory committee shall study RUC alternatives
to the gas tax. The technical advisory committee shall gather public
comment on issues and concerns related to the pilot program 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
(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).
(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
(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
(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.
(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:
(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
(3) Jurisdictional issues.
(7) Use of revenues.
(8) Security and compliance, including a discussion of processes
and security measures necessary to minimize fraud and tax evasion
(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
(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
This chapter shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends