BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
                              Senator Ben Hueso, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 1035           Hearing Date:    4/5/2016
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          |Author:    |Hueso                                                |
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          |Version:   |3/29/2016    As Amended                              |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Nidia Bautista                                       |
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          SUBJECT: Transportation network companies

            DIGEST:    This bill requires a suite of reforms related to  
          regulating technology-enabled ride-hailing services, including  
          requiring the California Public Utilities Commission (CPUC) to  
          assess areas related to criminal background checks,  
          accessibility for disabled populations, data access for local  
          transportation and environmental planning.  This bill would also  
          extend enforcement authority related to CPUC transportation  
          network companies (TNCs) licensing activities to local peace  
          officers.

          ANALYSIS:
          
          Existing law:
          
          1.Establishes the CPUC with five members appointed by the  
            governor and confirmed by the Senate and empowers it to  
            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.Provides that the CPUC may fix rates and establish rules for  
            the transportation of passengers and property by  
            transportation companies, prohibit discrimination, and award  
            reparation for the exaction of unreasonable, excessive, or  
            discriminatory charges. (Article XII, §4 of the California  
            Constitution)








          SB 1035 (Hueso)                                    Page 2 of ?
          
          
          3.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).

          4.Directs the CPUC to issue permits or certificates to  
            charter-party carriers, investigate complaints against  
            carriers, and cancel, revoke, or suspend permits and  
            certificates for specific violations.  (Public Utilities Code  
            §5387)

          5.Defines "charter-party carrier of passengers" as every person  
            engaged in the transportation of persons by motor vehicle for  
            compensation, whether in common or contract carriage, over any  
            public highway in the state.  (Public Utilities Code §5360)

          6.Defines a "transportation network company" to mean an  
            organization, including, but not limited to, a corporation,  
            limited liability company, partnership, sole proprietor, or  
            any entity operating in California that provides prearranged  
            transportation services for compensation using an  
            online-enabled application or platform to connect passengers  
            with drivers using a personal vehicle.  (Public Utilities Code  
            §5431)

          This bill:

          1.Provides that peace officers, as defined, may additionally  
            enforce and assist in the enforcement of the rules for TNCs  
            adopted by the CPUC.

          2.Restates CPUC's existing constitutional authority to fix rates  
            and establish rules for transportation of passengers and  
            property by transportation companies. 

          3.Requires additional data to be included in the required study  
            of CPUC and Department of Insurance related to insurance  
            coverage.

          4.Requires the CPUC to study accessibility issues for disabled  
            populations with regard to TNCs and report the findings of the  
            study to the Legislature.









          SB 1035 (Hueso)                                    Page 3 of ?
          
          
          5.Requires the CPUC, in consultation with the Department of  
            California Highway Patrol, the Department of Justice, and  
            local law enforcement, to study the background check measures  
            and determine whether the background checks would enhance  
            public safety. 

          6.Provides that the CPUC may collect any necessary data from a  
            TNC.
          7.Requires the CPUC open a proceeding to determine how data  
            collected can be best shared with local planning agencies.

          8.Requires the CPUC to adopt a general order containing rules  
            for TNCs.

          9.Removes provisions in statute that prohibit law enforcement  
            from impounding privately owned personal vehicles used in by  
            TNCs.

          10.Authorizes a peace officer to impound any vehicle of a  
            charter-party carrier of passengers for failing to operate the  
            charter-party carrier with proper permit and license.

          Background

          California law regulates different modes of passenger  
          transportation for compensation, including taxi services, which  
          are regulated by cities and counties, and charter-party carriers  
          and passenger stage companies which are regulated by the CPUC.   
          Beginning as early as 2009, a new model of transportation  
          services began springing up in cities across the United States.   
          Now known as TNCs, these original companies, including UberCab,  
          allowed patrons to prearrange transportation services through an  
          online application on their smartphone or computer.  Patrons  
          would request a ride to a predetermined location and the  
          application would connect them with a driver and vehicle.  
          Payment is processed through the application so that no physical  
          financial transaction occurs during the trip itself between the  
          patron and the driver.  The TNC takes a commission on each trip.  
           The development of the TNCs has made the ability for passengers  
          seeking transportation for compensation more readily available  
          to the general public. While these services have grown in  
          popularity in the last few years, this new service has not fit  
          neatly into the existing laws and regulations governing  
          transportation services.









          SB 1035 (Hueso)                                    Page 4 of ?
          
          
          Passenger carriers.  The CPUC is in charge of regulating  
          passenger carriers. Passenger carriers include services, such as  
          passenger stage corporations and charter-party carriers.   
          Passenger stage corporations are services that provide  
          transportation to the general public on an individual fare  
          basis, such as scheduled bus operators, which are buses that  
          operate on a fixed route and scheduled services, or airport  
          shuttles, which operate on an on-call door-to-door share the  
          ride service.
          Charter-party carriers are services that charter a vehicle, on a  
          prearranged basis, for the exclusive use of an individual or  
          group.  Charges are based on the mileage or time of use, or a  
          combination of both.  The CPUC does not regulate the level of  
          charges for charter-party carriers.  Types of charter-party  
          carriers include limousines, tour buses, sightseeing services,  
          and charter and party buses.

          The CPUC requires charter-party carriers to meet a number of  
          requirements before an operating permit or certificate is  
          issued.  For example, the CPUC requires sufficient proof of  
          financial responsibility, a preventative maintenance program for  
          all vehicles, a safety education and training program, and  
          regular checks of the driving records of all persons operating  
          vehicles used in transportation for compensation. 

          Cease and desist orders ignored.  Back in June 2010,  
          then-UberCab was utilizing its application platform to help  
          prearrange rides for patrons of CPUC licensed charter-party  
          carriers, particularly limousines and towncars.   However, as a  
          new service that didn't fit very well within the existing  
          regulatory framework - not a taxi not a charter-party carrier -  
          the CPUC and San Francisco Metropolitan Transportation Authority  
          issued a "cease-and-desist" order against Uber.  The order  
          directed Uber to stop advertising and cease its operations until  
          it had acquired a valid permit to operate from the CPUC.   
          However, even under threat of penalties (at $1,000 per day) and  
          potential prison time, UberCab continued to operate.  In 2012,  
          Sidecar and Lyft were launched as new app based prearranged  
          transportation services, except that these companies used  
          individuals who weren't licensed with the CPUC, drove their  
          personal vehicles, and operated on a donations basis.  About a  
          month after Lyft was launched, on September 2012, the CPUC  
          issued "cease-and-desist" orders against Sidecar and Lyft.  Once  
          again, the companies remained on the road operating their  
          services.  In the spring of 2013, Uber transformed its business  








          SB 1035 (Hueso)                                    Page 5 of ?
          
          
          model to compete with the Lyft and SideCar.  In the face of  
          protest from its existing Uber Black drivers who drove CPUC  
          licensed vehicles, Uber expanded to Uber-X, allowing non-CPUC  
          licensed individuals to drive their personal vehicles to  
          transport passengers using the Uber platform.  In late 2012,  
          both Lyft and SideCar would abandon the donations-based fees and  
          move to a minimum fee approach.

          CPUC takes a different tack.  In December 2012, after its "cease  
          and desist" orders had largely been ignored by the TNCs, the  
          CPUC announced it would open a formal proceeding to evaluate  
          services like Lyft, SideCar and Uber.  By January 2013, about  
          one month later, the CPUC announced it had reached an agreement  
          with Uber whereby Uber would continue to operate as the CPUC  
          underwent its proceeding.  The CPUC would also drop its $20,000  
          penalty against Uber.  In September 2013, the CPUC formally  
          announced it would recognize these app-based transportations  
          services as a new category of charter-party carriers,  
          transportation network companies.  The CPUC required each TNC  
          (not each driver) to register with the CPUC, require criminal  
          background checks of all its drivers, and specified insurance  
          requirements.  The CPUC also acknowledged it would open a second  
          phase to consider effects on limousines and other charter party  
          carriers and the need to update transportation rules, including  
          any direction from the legislature. 

          Locals issue cease and desist orders.  2014 was marked by  
          growing tensions between local governments, including airports,  
          and TNCs.  First, the City of San Francisco cracked down on  
          unauthorized entry into airports by TNCs.  In June, the City of  
          Los Angeles Department of Transportation issued cease and desist  
          orders against Lyft and SideCar.  In the fall of 2014, both San  
          Francisco and Los Angeles County District Attorneys sent letters  
          to the TNCs, Uber, Lyft and Sidecar, claiming they are operating  
          illegally and warning them that legal action could follow if  
          they don't make major changes.  The DA's offices had conducted a  
          joint investigation and found a number of practices that violate  
          California law.  The CPUC also issued letters to the TNCs, based  
          on the investigations and claims of local airports, which  
          expressed "personal disappointment" by then- CPUC President  
          Peevey regarding the violations by TNCs and stipulated the  
          CPUC's ability to revoke permits. 

          Legislature adopts new insurance requirements.  The Legislature  
          passed AB 2293 (Bonilla, Chapter 389, Statutes of 2014), which  








          SB 1035 (Hueso)                                    Page 6 of ?
          
          
          codified the CPUC's definition of TNCs and imposed certain  
          liability and other insurance coverage for TNCs and their  
          participating drivers.  The bill defines when personal and  
          commercial auto insurance requirements come into effect, and at  
          what levels, when the driver logs onto the application until the  
          driver accepts a ride request, and for when a ride request is  
          accepted until the passenger exists the vehicle.  The CPUC  
          subsequently strengthened its insurance requirements in-line  
          with the requirements of AB 2293. The CPUC established 28 rules  
          and regulations, including requiring a minimum of $1 million  
          per-incident, primary commercial insurance coverage, for  
          incidents involving TNC vehicles and drivers in transit to or  
          during a TNC trip.  The rules also provide for personal auto  
          insurance requirements when the app is off or open for a match.

          CPUC regulation of TNCs.  In September 2013, the CPUC adopted  
          the first phase of a two-phase decision related to TNCs.  In the  
          decision, the CPUC defined TNCs as a new category of CPCs  
          subject to the CPUC oversight and regulations.  The CPUC adopted  
          rules to require TNCs to obtain a permit to operate from the  
          CPUC, require TNCs to conduct background check on drivers, check  
          driver records prior to driving and quarterly, thereafter,  
          establish a driver training program, implement a zero-tolerance  
          policy on drugs and alcohol, conduct vehicle inspections, and  
          obtain authorization from airports before conducting operations  
          on or into airports property.  The Department of Motor Vehicles  
          (DMV) check criteria is required to provide that a driver have  
          no more than three points within the preceding three years, no  
          "major violations" (reckless driving, hit and run, or driving  
          with a suspended license conviction) within the preceding three  
          years, and no driving under the influence conviction within the  
          past seven years).  Subsequently, the Legislature passed AB  
          2293, which codified the CPUC's definition of TNCs and  
          established liability and insurance requirements for TNCs and  
          their participating drivers. 

          More recently, the CPUC has proposed additional requirements on  
          these ride-hailing services, including a U.S. Department of  
          Justice fingerprint background check for services exclusively  
          marketed to transport minors, require annual 19-point vehicle  
          inspections by certified Bureau of Automotive Repair facility,  
          allow the services to split fares, in so far as, they adhere to  
          the CPUC's proposed interpretation of Public Utilities Code  
          §5401 and requires the companies to provide the required data to  
          allow the CPUC to assess whether it is complying with the  








          SB 1035 (Hueso)                                    Page 7 of ?
          
          
          requirements. The CPUC is scheduled to vote on the proposal this  
          month. 

          CPUC enforcement. The work to license, enforce and ensure safety  
          of transportation for hire services regulated by the CPUC,  
          including private passenger and household goods carriers, is  
          done through the CPUC's Transportation Enforcement Bureau (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
               
          Senate conducts joint oversight hearing. On February 17th, this  
          committee held a joint oversight hearing with Senate Committee  
          on Transportation and Housing to address the myriad of issues  
          related to the ride-hailing disruption in the transportation  
          for-hire sector. A panel of academic and industry experts shared  
          their perspectives, including the findings from a recent study  
          by the National Academies Transportation Research Board. The  
          hearing may have raised more questions than it answered. SB 1035  
          is an attempt to ensure California proceeds on addressing some  
          of the lingering questions related to a rigor study of existing  
          criminal background checks, issues relate to accessibility for  
          disabled populations, need for more data to facilitate local  
          transportation and environmental planning, and, most notably,  
          the need for more enforcement of the CPUC-licensing activities.

          Double-referred.  Should this bill be approved by this  
          committee, it will be referred to the Senate Rules Committee for  








          SB 1035 (Hueso)                                    Page 8 of ?
          
          
          further referral. 

          Prior/Related Legislation
          
          AB 1286 (Cooper, 2015) requires TNCs to conduct comprehensive  
          criminal background checks for each participating driver that  
          include local, state, and federal law enforcement records.  
          Prohibits TNCs from hiring a driver that is required by any law  
          to register as a sex offender or has been convicted of any  
          violent felony, sexual offense, driving under the influence  
          offense, non-felony violent crime, act of fraud, act of terror,  
          or crime involving property damage or theft.

          AB 2293 (Bonilla, Chapter 389, Statutes of 2014) established  
          guidelines for insurance coverage for TNCs to ensure personal  
          and financial safety of consumers.  

            AB 1422 (Cooper, Chapter 791, Statutes of 2015) required  
          transportation network companies to participate in the DMV  
          pull-notice system to regularly check the driving records of a  
          participating driver.

            SB 541 (Hill, Chapter 718, Statutes of 2015) proposed a suite of  
          requirements of the CPUC in an effort to strengthen the agency's  
          overall program and enforcement of for-hire transportation  
          carriers. The bill also expanded enforcement authority to other  
          peace officers in addition to the California Highway Patrol for  
          bus and limousine licensing activities. 

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          Yes


            SUPPORT:  

          None received

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    SB 1035 is a sensible bill to address  
          some of the existing shortcomings of the regulatory oversight of  
          the technology-enabled transportation services. This bill  
          requires the CPUC, the agency currently tasked with licensing  








          SB 1035 (Hueso)                                    Page 9 of ?
          
          
          ride-hailing services in the state, to assess and determine  
          additional public safety and consumer protections that may be  
          necessary for ride-hailing services. 

          This bill also helps to address a major gap in the current  
          regulatory scheme - enforcement. Although the CPUC has  
          historically had over a hundred transportation inspectors, the  
          majority of that capacity was lost after trucking was federally  
          de-regulated. Today, the CPUC has 22 staff inspectors for all  
          the transportation-for-hire services they license, including  
          livery, tour buses, and others. It's clear that short of a  
          significant budget augmentation, the CPUC is very unlikely to  
          have adequate capacity to properly enforce its regulations.  
          Additionally, much of the ride-hailing activities are occurring  
          on local streets, yet local law enforcement is limited in their  
          ability to enforce the CPUC regulations and rules.
          

          

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