HB 1921 is outside our typical scope of focus on legislative issues, but many people (including Julie’s dad…hi dad!) have brought concerns about this bill and asked us to provide information, awareness and a call to action. This is, indeed, a very bad bill!
House Bill 1921 aims to overhaul Washington state's transportation funding by introducing a road usage charge system where vehicles pay a fee based on miles driven (“pay per mile”) rather than fuel consumption, starting with electric and hybrid vehicles in 2027 and gradually including all vehicles by 2035.
HB 1921 represents an additional tax on top of existing fuel taxes, potentially invading privacy by requiring mileage reporting, and disproportionately impacting those who drive more, including rural residents and workers with long commutes. It also complicates vehicle ownership with new administrative burdens and could lead to increased costs without ensuring proportional benefits in road maintenance or infrastructure improvement. How many times have we seen past legislation with a cost to citizens and a promise to fix the roads and the promises are never fulfilled?
HB 1921 has some significant privacy concerns
Mileage Reporting:
The bill mandates periodic odometer mileage reporting for vehicles enrolled in the voluntary or mandatory road usage charge programs. This requirement might lead to concerns about how this data is collected, stored, and potentially shared.
Automated Reporting Methods:
While the bill allows for automated methods of mileage reporting, which could involve GPS or other location tracking technologies, it specifies that general location data can only be collected if the vehicle owner consents. However, the very nature of automated systems might raise questions about the accuracy and security of data collection. We also see things that begin as “optional” often turn to “mandatory.”
Data Protection:
There's an emphasis on protecting personally identifying information with operational, administrative, technical, and physical safeguards. However, the specifics of these safeguards are not detailed, which might leave room for data breaches or misuse.
Specific vs. General Location Data:
The legislation differentiates between "general location data" (necessary for fee calculation) and "specific location data" (like travel patterns or waypoints), with the latter not being reported without explicit consent. Yet, the exact mechanism to ensure this distinction in practice remains unclear.
Consent for Data Collection:
Consent is required for collecting additional information or specific location data. However, the process of obtaining and managing this consent, particularly in terms of transparency and understanding by vehicle owners, could be problematic.
Potential for Surveillance:
Even with safeguards, there's an inherent risk that road usage charge systems could be expanded or misused for surveillance purposes, especially if future amendments or technologies change the scope of data collection.
Data Sharing and Use:
While the bill outlines that data should be used for specific public purposes, there's always the potential for misuse or sharing with third parties, either through legislative changes or data breaches.
Public Duty for Privacy:
The department and service providers have a public duty to ensure privacy, but the effectiveness of enforcement and accountability in case of violations remains a concern.
Given these privacy implications, citizens might be wary of the potential for their driving habits, routes, and personal location data being monitored or misused, even with assurances of privacy protection in the bill.
HB 1921 has a hearing TODAY (February 13) at 4PM. You must take action by 3PM (however, you can submit written testimony until 4PM on 2/14).
Additional options for testifying on HB 1921: https://app.leg.wa.gov/csi/House?selectedCommittee=31651&selectedMeeting=32709
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