Bill Text: CA AB2603 | 2015-2016 | Regular Session | Amended
Bill Title: Public Utilities Commission: Passenger Charter-party
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2603 Detail]
Download: California-2015-AB2603-Amended.html
BILL NUMBER: AB 2603 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2016
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 19, 2016
An act to amend Sections 1801.3 and 1802 of, and to add
Section 1809 to, add Section 5388 to the Public
Utilities Code, relating to proceedings of the
Public Utilities Commission.
LEGISLATIVE COUNSEL'S DIGEST
AB 2603, as amended, Nazarian. Public Utilities Commission:
proceedings: intervenor compensation.
Passenger Charter-party Carriers' Act: complaint registration and
resolution mechanism.
Charter-party carriers of passengers, including transportation
network companies, are subject to the jurisdiction and control of the
Public Utilities Commission under the Passenger Charter-party
Carriers' Act.
This bill would require the commission to establish a telephone
communications service, with a designated telephone number, that
would be available to members of the public to communicate to the
commission any concerns, or register complaints, regarding service
provided by charter-party carriers of passengers, including
transportation network companies. The bill would require each
charter-party carrier of passengers to include the telephone number
designated by the commission on all contracts for service made after
January 1, 2018, and for a transportation network company or other
charter-party carrier of passengers that arranges for transportation
utilizing application software, commonly termed an app, the bill
would require that the customer be notified of the existence of, and
purpose for, the telephone number as part of the electronic
transaction. The bill would require the commission to maintain a
record of all concerns and complaints communicated to the commission
and to establish rules or guidelines as to what concerns and
complaints do or do not raise matters of serious concern. As to those
concerns and complaints that do not raise a matter of serious
concern, the commission staff would be required to diligently attempt
to informally resolve the concern or complaint. The bill would
require the commission to investigate each concern or complaint that
raises a matter of serious concern and initiate and conclude
appropriate enforcement action with respect to any violation of the
act or a rule adopted by the commission pursuant to the act.
Under existing law, a violation of the Passenger Charter-party
Carriers' Act or an order or direction of the commission pursuant to
the act is a crime.
Because the provisions of this bill are within the act and require
action by the commission to implement its requirements, a violation
of these provisions would impose a state-mandated local program by
creating a new crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Under existing law, the Public Utilities Commission has broad
regulatory authority pursuant to the California Constitution and the
Public Utilities Act over public utilities, as defined, including
common carriers, toll bridge corporations, electrical corporations,
gas corporations, pipeline corporations, telephone corporations,
telegraph corporations, water corporations, sewer system
corporations, and heat corporations. In addition, the commission has
more limited authority over certain other corporations, including
charter-party carriers of passengers. Existing law provides
compensation for reasonable advocate's fees, reasonable expert
witness fees, and other reasonable costs to public utility customers
and representatives of customers for participation or intervention in
formal proceedings of the commission involving electrical, gas,
water, telegraph, and telephone public utilities.
This bill would additionally authorize compensation to be awarded
by the commission for reasonable advocate's fees, reasonable expert
witness fees, and other reasonable costs to customers and
representatives of customers for participation or intervention in
formal proceedings of the commission involving a corporation that is
subject to regulation by the commission pursuant to the Passenger
Charter-Party Carriers' Act.
Existing law requires the commission to deny compensation to any
customer who attempts to delay or obstruct the orderly and timely
fulfillment of the commission's responsibilities.
This bill would require the commission to deny any claim for
compensation for contributions to a closed proceeding unless
otherwise specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5388 is added to the
Public Utilities Code , to read:
5388. (a) The commission shall establish a telephone
communications service that is available to members of the public to
communicate to the commission any concerns, or register complaints,
regarding service provided by charter-party carriers of passengers,
including transportation network companies. The commission shall
designate a telephone number for members of the public to dial to
communicate their concerns or complaints. The commission shall
require each charter-party carrier of passengers to include the
telephone number designated by the commission on all contracts for
service made after January 1, 2018. For a transportation network
company or other charter-party carrier of passengers that arrange for
transportation utilizing application software, commonly termed an
app, the commission shall require that the customer be notified of
the existence of, and purpose for, the telephone number as part of
the electronic transaction. The commission may maintain additional,
alternative means for members of the public to express concerns or
register complaints.
(b) The commission shall maintain a record of all concerns and
complaints communicated to the commission relative to charter-party
carriers of passengers, including transportation network companies.
The commission shall establish rules or guidelines as to what
concerns and complaints do or do not raise matters of serious
concern. As to those concerns and complaints that do not raise a
matter of serious concern, the commission staff shall diligently
attempt to informally resolve the concern or complaint and shall
maintain a record of whether the concern or complaint was resolved.
The commission shall investigate each concern or complaint made to
the commission that raises a matter of serious concern and initiate
and conclude appropriate enforcement action with respect to any
violation of this act or a rule adopted by the commission pursuant to
this act. The commission shall maintain a record of all concerns and
complaints that result in an investigation, a description of the
investigation conducted by the commission, and the result of the
investigation.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 1801.3 of the Public
Utilities Code is amended to read:
1801.3. It is the intent of the Legislature that:
(a) The provisions of this article shall apply to all formal
proceedings of the commission involving electrical, gas, water,
telegraph, and telephone corporations and to corporations that are
subject to regulation by the commission pursuant to Chapter 8
(commencing with Section 5351) of Division 2.
(b) The provisions of this article shall be administered in a
manner that encourages the effective and efficient participation of
all groups that have a stake in the public utility regulation
process.
(c) The process for finding eligibility for intervenor
compensation be streamlined, by simplifying the preliminary showing
by an intervenor of issues, budget, and costs.
(d) Intervenors be compensated for making a substantial
contribution to proceedings of the commission, as determined by the
commission in its orders and decisions.
(e) Intervenor compensation be awarded to eligible intervenors in
a timely manner, within a reasonable period after the intervenor has
made the substantial contribution to a proceeding that is the basis
for the compensation award.
(f) This article shall be administered in a manner that avoids
unproductive or unnecessary participation that duplicates the
participation of similar interests otherwise adequately represented
or participation that is not necessary for a fair determination of
the proceeding.
SEC. 2. Section 1802 of the Public Utilities
Code is amended to read:
1802. As used in this article:
(a) "Compensation" means payment for all or part, as determined by
the commission, of reasonable advocate's fees, reasonable expert
witness fees, and other reasonable costs of preparation for and
participation in a proceeding, and includes the fees and costs of
obtaining an award under this article and of obtaining judicial
review, if any.
(b) (1) "Customer" means any of the following:
(A) A participant representing consumers, customers, or
subscribers of any electrical, gas, telephone, telegraph, or water
corporation or representing consumers, customers, or passengers of
any corporation subject to regulation by the commission pursuant to
Chapter 8 (commencing with Section 5351) of Division 2.
(B) A representative who has been authorized by a customer.
(C) A representative of a group or organization authorized
pursuant to its articles of incorporation or bylaws to represent the
interests of residential customers, or to represent small commercial
customers who receive bundled electric service from an electrical
corporation.
(2) "Customer" does not include any state, federal, or local
government agency, any publicly owned public utility, or any entity
that, in the commission's opinion, was established or formed by a
local government entity for the purpose of participating in a
commission proceeding.
(c) "Expert witness fees" means recorded or billed costs incurred
by a customer for an expert witness.
(d) "Other reasonable costs" means reasonable out-of-pocket
expenses directly incurred by a customer that are directly related to
the contentions or recommendations made by the customer that
resulted in a substantial contribution.
(e) "Party" means any interested party, respondent public utility,
or commission staff in a hearing or proceeding.
(f) "Proceeding" means an application, complaint, or
investigation, rulemaking, alternative dispute resolution procedures
in lieu of formal proceedings as may be sponsored or endorsed by the
commission, or other formal proceeding before the commission.
(g) "Significant financial hardship" means either that the
customer cannot afford, without undue hardship, to pay the costs of
effective participation, including advocate's fees, expert witness
fees, and other reasonable costs of participation, or that, in the
case of a group or organization, the economic interest of the
individual members of the group or organization is small in
comparison to the costs of effective participation in the proceeding.
(h) "Small commercial customer" means any nonresidential customer
with a maximum peak demand of less than 50 kilowatts. The commission
may establish rules to modify or change the definition of "small
commercial customer," including use of criteria other than a peak
demand threshold, if the commission determines that the modification
or change will promote participation in proceedings at the commission
by organizations representing small businesses, without
incorporating large commercial and industrial customers.
(i) "Substantial contribution" means that, in the judgment of the
commission, the customer's presentation has substantially assisted
the commission in the making of its order or decision because the
order or decision has adopted in whole or in part one or more factual
contentions, legal contentions, or specific policy or procedural
recommendations presented by the customer. Where the customer's
participation has resulted in a substantial contribution, even if the
decision adopts that customer's contention or recommendations only
in part, the commission may award the customer compensation for all
reasonable advocate's fees, reasonable expert fees, and other
reasonable costs incurred by the customer in preparing or presenting
that contention or recommendation.
SEC. 3. Section 1809 is added to the Public
Utilities Code, to read:
1809. The commission shall deny any claim for compensation for
contributions to a closed proceeding unless otherwise specified in
this article.
