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 ----------------------------------------------------------------- |Author: |Hueso | |-----------+-----------------------------------------------------| |Version: |3/29/2016 As Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Nidia Bautista | | | | ----------------------------------------------------------------- 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. -- END --