Electronic toll and transit fare collection systems.

(1) Existing law requires the Department of Transportation, in cooperation with the Golden Gate Bridge, Highway and Transportation District and all known entities planning to implement a toll facility, to develop and adopt functional specifications and standards for an automatic vehicle identification system, in compliance with specified objectives, including that a vehicle owner shall not be required to purchase or install more than one device to use on all toll facilities, and generally requires any automatic vehicle identification system purchased or installed after January 1, 1991, to comply with those specifications and standards. Existing law authorizes operators of toll facilities on federal-aid highways engaged in an interoperability program to provide only specified information regarding a vehicle's use of the toll facility. This bill would expand the above-described objective so that a user of a toll facility shall also not be required to purchase or install more than one device to use on all toll facilities. The bill would limit the above-described authorization to those operators engaged in an interstate interoperability program. The bill would assert that these provisions are declarative of existing law. (2) Existing law prohibits a transportation agency from selling or providing to any other person or entity personally identifiable information, as defined, of a person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll facility that employs an electronic toll collection system, except as specified. Existing law, with certain exceptions, requires a transportation agency to discard personally identifiable information within 412 years, as specified. Under existing law, the requirement that the transportation agency discard personally identifiable information, as described above, does not prohibit a transportation agency or its designee from performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the electronic toll collection system or electronic transit fare collection system. This bill would instead provide that a transportation agency is not prohibited from using or providing personally identifiable information for purposes of operating and managing an electronic toll collection or electronic transit fare collection system, auditing, or performing billing, collection, account maintenance, account settlement, and enforcement activities, but would require the transportation agency to limit the personally identifiable information it provides to information relevant to assist in carrying out the intended function. This bill would prohibit a transportation agency from using or providing personally identifiable information for purposes of issuing public safety and travel alerts, or customer surveys, unless the transportation agency has received express written consent to do so. Existing law defines "transportation agency" for these purposes as the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with those entities. This bill would expand the definition of "transportation agency" to also include any entity under contract at any level, including subcontractors, with those entities for purposes of billing, collection, account maintenance, account settlement, enforcement, communications, auditing, operating, or management of an electronic toll collection system or electronic fare collection system. This bill would make a contractor or subcontractor that accesses, collects, uses, or retains personally identifiable information for a purpose other than billing, collection, account maintenance, account settlement, communications, auditing, operating, management, or enforcement activities, liable, as specified. This bill would assert that certain of the above-described bill provisions are declarative of existing law. (3) Existing law prohibits a person from evading or attempting to evade the payment of tolls or other charges on any vehicular crossing or toll highway and subjects a violator to civil penalties governed by a civil administrative procedure that includes an administrative investigation and review procedure, and an administrative and judicial appeal process. This bill would provide that a notice of toll evasion issued, as specified, is a civil violation subject to civil penalties. The bill would assert that this provision is declarative of existing law. (4) Existing law requires that a notice of a toll evasion violation set forth specified information, including, among other things, if applicable, if a vehicle is found, by automated devices, to have evaded the toll through failure to meet occupancy requirements in a high-occupancy toll lane, a copy of photographic evidence on which the determination was based. Existing law requires the processing agency to prepare and forward a notice of toll evasion violation to the registered owner of the vehicle cited for the violation, as specified. Existing law requires the processing agency to use its best efforts to obtain accurate information concerning the identity and address of the registered owner for the purpose of forwarding a notice of toll evasion violation. This bill would, on and after January 1, 2021, revise and recast the requirements on issuing and processing agencies to prepare and forward notices of toll evasion violations and the penalties for toll violations. The bill would, on and after January 1, 2021, prohibit the pursuit of a penalty for any toll evasion violation unless the notice provision requirements have been complied with. This bill would authorize the processing agency to use any reliable source to obtain the registered owner's information and would provide that using an address provided as described above constitutes its best efforts. (5) Existing law authorizes a processing agency to contract with a collection agency to collect unpaid toll evasion penalties, fees, and charges. This bill would prohibit the issuing agency and collection agency from contracting with a towing company to tow a vehicle for unpaid toll evasion penalties, fees, or charges.