BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 541| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 541 Author: Hill (D) Amended: 6/2/15 Vote: 21 SENATE ENERGY, U. & C. COMMITTEE: 10-0, 4/27/15 AYES: Hueso, Fuller, Cannella, Hertzberg, Hill, Lara, Leyva, McGuire, Morrell, Wolk NO VOTE RECORDED: Pavley SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Public Utilities Commission: for-hire transportation carriers: enforcement SOURCE: Author DIGEST: This bill proposes to strengthen the California Public Utilities Commission (CPUC)'s oversight of transportation-related activities by requiring the CPUC to assess its capabilities related to specific goals and report its findings to the Legislature. This bill also expands enforcement authority to other peace officers in addition to the California Highway Patrol (CHP). ANALYSIS: Existing law: 1) Establishes the CPUC with five members appointed by the Governor and confirmed by the Senate and empowers it to SB 541 Page 2 regulate privately owned public utilities and common carriers in California. Specifies that the Legislature may prescribe that additional classes of private corporations or other persons are public utilities. (Article XII of the California Constitution; Public Utilities Code §301 et seq.) 2) Establishes the CPUC's authority to regulate, require license or permit to operate, require insurance and workers compensation, take appropriate enforcement action and other provisions related to passenger stage corporations (Public Utilities Code §1031 et seq.), and transportation charter-party carriers (Public Utilities Code §5351 et seq.). 3) Establishes the CPUC's authority to regulate private carriers of passengers (Public Utilities Code §4001) and household goods carriers (Public Utilities Code §5101 et seq.) including requiring public liability and property insurance, cargo insurance, knowledge of rates, documentation, timely reporting of revenues and payment fees, and provides that the CPUC can take appropriate enforcement action, etc. 4) Provides the CHP with the ability to take enforcement action related to requirements of buses of charter-party carriers as required by the Public Utilities Code, including ensuring a proper and current license or permit from the CPUC. (Vehicle Code §14602.9) This bill: 1) Requires the CPUC to establish specific goals related its existing authority to provide oversight and regulation of transportation-related activities of household goods carriers and charter-party carriers. These goals include timely processing of applications, enabling electronic filing of applications, processing of customer complaints, timely enforcement of illegal operators, and others. 2) Requires the CPUC to assess it capabilities to carry out the activities enumerated in the specific goals and to report the Legislature by January 1, 2017, on its SB 541 Page 3 assessment. 3) Defines a peace officer to include local city or county police officer or sheriff, CHP officer, or airport law enforcement officer. Provides that peace officers, as defined, can enforce the Public Utilities Code related to carriers, including the ability to arrest violators and impound vehicles lacking proper certificates or permits. 4) Directs the CPUC to coordinate enforcement with those peace officers by providing educational outreach and establishing lines of communication to ensure the CPUC is notified if enforcement actions have commenced. 5) Provides that peace officers, as defined, can assist in enforcement cases related to provisions regarding carriers in the Public Utilities Code which are executed by the Attorney General, a district attorney, or city attorney. Background Since its inception in 1911 (then as the Railroad Commission), the CPUC has regulated private companies and individuals that own, operate, control or manage transportation of people and property. Until 1995, with passage of federal trucking deregulation laws, the CPUC licensed and regulated many types of carriers transporting commodities over public highways within California. Currently, the CPUC's remaining authority is limited to non-rail passenger carriers and household goods movers. Under state law, the CPUC is required to license carriers, and investigate and enforce safety and consumer protection laws for the following surface transportation carriers: Passenger Stage Corporations - for-hire carriers transporting passengers over public highways on an individual-fare basis. Examples include: Greyhound bus service and airport shuttles. Transportation Charter-Party Carriers - operate under the direction and control of their chartering party that arranges the transportation, on a prearranged basis. SB 541 Page 4 Examples include tour buses, limousines, and transportation network companies, including Uber, Lyft, and Sidecar. Private Carriers of Passengers - includes not-for-hire motor carrier transporting passengers in buses (vehicles seating 10 or more) that are required to obtain a "CA number" from CHP. Household Goods Carriers - includes for-hire moving companies. The work to license, enforce and ensure safety of these carriers is done through the CPUC's Transportation Enforcement Branch (TEB) within the Safety and Enforcement Division with approximately 45 authorized staff positions. The CPUC is responsible for issuing operating permits and certificates (operating authority) to qualified applicants for authority to operate as passenger stage corporations, charter-party carriers of passengers, and household goods carriers, and for denying, suspending and revoking operating authorities of such carriers that fail to meet statutory and regulatory requirements. This work is performed by the Transportation License Section, the Transportation and Enforcement Section. The 45 authorized staff positions in TEB are spread evenly between licensing (14 staff), enforcement section-north (15 staff) and enforcement section-south (15 staff). Type of Carrier No. Permitted Charter-party carriers of passengers8,942 Private carrier of passengers 1,310 Household goods carriers 1,077 Passenger stage corporations 262 In response to a request by the Joint Legislative Budget Committee, the State Auditor developed and released a report in June 2014 concerning the CPUC's TEB's efforts to regulate passenger carriers, as well as its use of fees it collects from these carriers. The report concluded that the "branch does not adequately ensure that passenger carriers comply with state SB 541 Page 5 law". The Auditor's report cited 17 areas within TEB's efforts that are lacking and merit improvement, including: A lack of procedures for processing complaints. Failure to complete investigations and issue corresponding citations in a timely manner. Failure to conduct adequate investigations. Imposing penalties for lower amounts than state law allows. Inconsistency regarding collecting money from passenger carriers for citations. Not adequately overseeing accounting related to the branch. Not ensuring that passenger carrier fee payments are adequate. Not aligning revenues and expenditures associated with passenger carriers as state law requires. Lack of managerial oversigh, which led to incorrect funding of transportation enforcement positions. Incorrectly funded and used positions authorized in the state budget for enforcement of passenger carriers at airports. Failure to use the new positions for airport enforcement as the legislature intended. Limited efforts to implement an airport enforcement program at other major airports. Lack of internal controls and high turnover have led to inadequate enforcement across the state. Leadership within the branch has been lacking. High management turnover for several years. Failure to ensure staff receive adequate training. SB 541 Page 6 Unprepared to handle additional responsibilities. The Auditor's report also provided a series of recommendations to address the many failures and shortcomings and to improve the TEB's efforts to ensure carrier and public safety. The recommendations include: Developing policies and procedures for receiving complaints and investigating passenger carriers, ensuring all complaints are entered into a database. Establishing a method for prioritizing complaints and implementing a policy specifying the maximum amount of time between the receipt of a complaint and the completion of the subsequent investigation. Requiring the TEB management to monitor and report regularly on its performance to the CPUC agency management and commissioners. Establishing standards specifying the types of evidence that CPUC considers sufficient to determine whether a carrier is operating legally. Implementing a policy that directs investigators to obtain sufficient evidence to justify determinations. Requiring investigators to review passenger carriers for compliance with each state law relating to passenger carrier requirements. Implementing a formal training program to ensure that all investigators have adequate knowledge and skills related to regulating passenger carriers. Creating a system to determine when a carrier merits a penalty and the magnitude of the penalty and ensuring it is more consistent with what state law permits. And several other recommendations. SB 541 Page 7 Is the CPUC the appropriate agency to regulate transportation-related efforts? In consideration of the many challenges the agency is facing, the question must be raised as to whether the CPUC is the appropriate state agency to oversee transportation-related efforts. After federal deregulation of trucking, the CPUC's corresponding staffing and resources, including its investigators, were largely eliminated. Today, the CPUC is struggling to keep up with existing demands, as well as new challenges that have emerged, such as addressing transportation network companies, such as Uber, Lyft and Sidecar. Moving the transportation-related efforts at the CPUC to another agency may be limited by constitutional requirements. However, the legislature may wish to more deeply explore the question with other relevant legislative committees and agencies. Is a bill needed? The CPUC already has authority to institute the recommendations in the Auditor's report and most of the proposals in this bill. In response to the Auditor's report, the CPUC acknowledged its agreement with many of the findings and recommendations. The CPUC is taking action to respond to the recommendations, such as developing a strategic plan for the branch and others. However, the CPUC still has a long way to go. Therefore, additional direction from the Legislature is warranted, particularly related to reporting on its performance. Do the agencies have the right tools? Expanding authority for enforcement to include local law enforcement authorities makes sense in theory. However, there are currently technological challenges to provide the CHP the ability to ensure the most current information regarding the status of CPUC permit or license. More work is needed, much of which is detailed in SB 541, to provide all the necessary agencies the appropriate tools to conduct effective enforcement. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SB 541 Page 8 According to the Senate Appropriations Committee: One-time contract costs in the mid-hundreds of thousands (special*) to develop an electronic permit program, a human resources plan, an enforcement strategy, and a monitoring protocol. Unknown ongoing cost pressures, likely in the millions of dollars, (special*) for a significant increase in positions for additional enforcement and permitting. * Public Utilities Transportation Reimbursement Account. SUPPORT: (Verified6/2/15) California Moving and Storage Association Greater California Livery Association OPPOSITION: (Verified6/2/15) None received ARGUMENTS IN SUPPORT: The author states that the CPUC's TEB requires further direction from the Legislature to improve its functions. SB 541 is a proposal to ensure the CPUC is focusing its efforts appropriately to ensure safety and improved customer service and enforcement of illegally operating limousines, buses, and moving companies. Prepared by:Nidia Bautista / E., U., & C. / (916) 651-4107 6/2/15 22:18:42 **** END **** SB 541 Page 9