AB 2763,
as amended, Gatto. begin deletePublic utilities: certificates of public convenience and necessity. end deletebegin insertTransportation network companies: personal vehicles.end insert
The Passenger Charter-party Carriers’ Act provides for the regulation of charter-party carriers of passengers by the Public Utilities Commission and includes specific requirements for liability insurance coverage for transportation network companies, which are defined as certain organizations that, using an online-enabled application or platform, connect passengers with drivers using a personal vehicle.
end insertbegin insertThis bill would define a personal vehicle as a vehicle that is used by a participating driver to provide prearranged transportation services for compensation, is owned, leased, rented, or otherwise authorized for use for any period of time by the participating driver, meets all inspection and other safety requirements imposed by the commission, and is not a taxicab or a limousine.
end insertThe Public Utilities Act empowers the Public Utilities Commission with regulatory authority over public utilities, including gas corporations, as defined. The act defines “gas plant” for purposes of the act, unless the context requires otherwise, to include all real estate, fixtures, and personal property, owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, underground storage, or furnishing of gas, natural or manufactured, except propane, for light, heat, or power.
end deleteThe Public Utilities Act prohibits any gas corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require that construction.
end deleteThis bill would explicitly include language in the provisions specific to the issuance of these certificates reiterating that the definition of gas plant, described above, applies to those provisions. This bill would make other nonsubstantive changes.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 5431 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert
(a) As used in this article, a “transportation network
4company” is
begin insertFor purposes of this article, the following terms have
6the following meanings:end insert
7
(a) “Participating driver” or “driver” means any person who
8uses a vehicle in connection with a transportation network
9company’s online-enabled application or platform to connect with
10passengers.
11
(b) “Personal vehicle” means a vehicle that is used by a
12participating driver to provide prearranged transportation services
13for compensation, is owned, leased, rented, or otherwise authorized
14for use for any period of time by the participating driver, meets
15all inspection and other safety requirements imposed by the
16commission, and is not a taxicab or limousine.
17begin insert(c)end insertbegin insert end insertbegin insert“Transportation network company” means end insertan organization,
18including, but not limited to, a corporation, limited liability
19company, partnership, sole proprietor, or any other entity, operating
20in California that provides prearranged transportation services for
21compensation using an online-enabled application or platform to
22connect passengers with drivers using a personal vehicle.
P3 1(b) As used in this article, “participating driver” or “driver” is
2any person who uses a vehicle in connection with a transportation
3network company’s online-enabled application or platform to
4connect with passengers.
5(c) As used in this article, “transportation
end delete
6begin insert(d)end insertbegin insert end insertbegin insert“Transportation end insertnetwork company insurance”begin delete isend deletebegin insert meansend insert a
7liability insurance policy that specifically covers liabilities arising
8from a driver’s use of a vehicle in connection with a transportation
9network company’s online-enabled application or platform.
Section 1001 of the Public Utilities Code is
11amended to read:
(a) No railroad corporation whose railroad is operated
13primarily by electric energy, street railroad corporation, gas
14corporation, electrical corporation, telegraph corporation, telephone
15corporation, water corporation, or sewer system corporation shall
16begin the construction of a street railroad, or of a line, plant, or
17system, or of any extension thereof, without having first obtained
18from the commission a certificate that the present or future public
19convenience and necessity require or will require
the construction.
20(b) This article shall not be construed to require any such
21corporation to secure such a certificate for an extension within any
22city or city and county within which it has
previously lawfully
23commenced operations, or for an extension into territory either
24within or without a city or city and county contiguous to its street
25railroad, or line, plant, or system, and not
previously served by a
26public utility of like character, or for an extension within or to
27territory already served by it, necessary in the ordinary course of
28its business.
29(c) If any public utility, in constructing or extending its line,
30plant, or system, interferes or is about to interfere with the
31operation of the line, plant, or system of any other public utility
32or of the water system of a public agency, already constructed, the
33commission, on complaint of the public utility or public agency
34claiming to be injuriously affected,
may, after hearing, make such
35order and prescribe such terms and conditions for the location of
36the lines, plants, or systems affected as to it may seem just and
37reasonable.
P4 1(d) For purposes of this article, “gas plant” shall have the same
2meaning as specified in Section 221.
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