Bill Text: CA SB697 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Utilities Commission Accountability Act of 2015: reports: audits: electrical restructuring: charter-party carriers of passengers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 612, Statutes of 2015. [SB697 Detail]
Download: California-2015-SB697-Amended.html
Bill Title: Public Utilities Commission Accountability Act of 2015: reports: audits: electrical restructuring: charter-party carriers of passengers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 612, Statutes of 2015. [SB697 Detail]
Download: California-2015-SB697-Amended.html
BILL NUMBER: SB 697 AMENDED BILL TEXT AMENDED IN SENATE APRIL 9, 2015 INTRODUCED BY Senator Hertzberg FEBRUARY 27, 2015 An act to amend Section19045387 of, and to repeal Section19065385.5 of, the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGEST SB 697, as amended, Hertzberg.Public utilities: certificates of public convenience and necessity: fees.Charter-party carriers of passengers. The Passenger Charter-party Carriers' Act places charter-party carriers of passengers, as defined, under the jurisdiction of the Public Utilities Commission. Under existing law, no charter party carrier of passengers may operate a motor vehicle on a public highway unless there is displayed on the vehicle a distinctive identifying symbol, in the form prescribed by the commission, showing the classification to which the carrier belongs. For motor vehicles designed to carry not more than 8 passengers, the commission is required to issue a suitable decal with an identifying symbol and of a specified size for that purpose. This bill would repeal that provision requiring the issuance of the decal.The Public Utilities Act prohibits any street railroad corporation, gas corporation, electrical corporation, telegraph corporation, telephone corporation, water corporation, or sewer system 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 Public Utilities Commission a certificate that the present or future public convenience and necessity require or will require that construction (certificate of public convenience and necessity). Existing law provides that each application for a certificate of public convenience and necessity be accompanied by a fee of $500, unless the applicant is already operating in the immediate vicinity under the jurisdiction of the commission. Other existing law requires the commission to charge and collect a fee of $75 for each application for a certificate of public convenience and necessity, or for the mortgage, lease, transfer, or assignment thereof, except for those applications for a certificate that are required to be accompanied by a fee of $500.This bill would require the commission to charge and collect a fee of $500 for each application for a certificate of public convenience and necessity, or for the mortgage, lease, transfer, or assignment thereof.Existing law establishes the Public Utilities Commission Utilities Reimbursement Account in the General Fund and generally provides that all fees and charges collected under the Public Utilities Code, except penalties, from each public utility be paid into the fund.Other existing law provides that specified fees, including the fee for filing each application for a certificate of public convenience and necessity, or for the mortgage, lease, transfer, or assignment of a certificate, and fees charged for preparation of certain official documents, are required to be paid at least once each month into the State Treasury to the credit of the General Fund.This bill would repeal the provision that requires certain fees to be paid at least once each month into the State Treasury to the credit of the General Fund.Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5385.5 of the Public Utilities Code is repealed.5385.5. For motor vehicles designed to carry not more than eight passengers, including the driver, the commission shall issue a suitable decal for purposes of Section 5385, for each vehicle registered with the commission and operated by a charter-party carrier of passengers holding a valid permit or certificate of public convenience and necessity. The decal with an identifying symbol shall be a minimum size of two and one-half inches by six inches, and shall be affixed to the lower right hand corner of the rear bumper of the vehicle.SEC. 2. Section 5387 of the Public Utilities Code is amended to read: 5387. (a) It is unlawful for the owner of a charter-party carrier of passengers to permit the operation of a vehicle upon a public highway for compensation without (1) having obtained from the commission a certificate or permit pursuant to this chapter, (2) having complied with the vehicle identification requirements of Section5385 or 5385.5,5385, and (3) having complied with the accident liability protection requirements of Section 5391. (b) A person who drives a bus for a charter-party carrier without having a current and valid driver's license of the proper class, a passenger vehicle endorsement, or the required certificate shall be suspended from driving a bus of any kind, including, but not limited to, a bus, schoolbus, school pupil activity bus, or transit bus, with passengers for a period of five years pursuant to Section 13369 of the Vehicle Code. (c) (1) A charter-party carrier shall have its authority to operate as a charter-party carrier permanently revoked by the commission or be permanently barred from receiving a permit or certificate from the commission if it commits any of the following acts: (A) Operates a bus without having been issued a permit or certificate from the commission. (B) Operates a bus with a permit that was suspended by the commission pursuant to Section 5378.5. (C) Commits three or more liability insurance violations within a two-year period for which it has been cited. (D) Operates a bus with a permit that was suspended by the commission during a period that the charter-party carrier's liability insurance lapsed for which it has been cited. (E) Knowingly employs a busdriver who does not have a current and valid driver's license of the proper class, a passenger vehicle endorsement, or the required certificate to drive a bus. (F) Has one or more buses improperly registered with the Department of Motor Vehicles. (2) The commission shall not issue a new permit or certificate to operate as a charter-party carrier if any officer, director, or owner of that charter-party carrier was an officer, director, or owner of a charter-party carrier that had its authority to operate as a charter-party carrier permanently revoked by the commission or that was permanently barred from receiving a permit or certificate from the commission pursuant to this subdivision. (d) An officer of the Department of the California Highway Patrol may impound a bus of a charter-party carrier for 30 days pursuant to Section 14602.9 of the Vehicle Code if the officer determines that any of the following violations occurred while the busdriver was operating the bus of a charter-party carrier: (1) The driver was operating the bus of a charter-party carrier when the charter-party carrier did not have a permit or certificate issued by the commission. (2) The driver was operating the bus of a charter-party carrier when the charter-party carrier was operating the bus with a suspended permit or certificate from the commission. (3) The driver was operating the bus of a charter-party carrier without having a current and valid driver's license of the proper class, a passenger vehicle endorsement, or the required certificate.SECTION 1.Section 1904 of the Public Utilities Code is amended to read: 1904. The commission shall also charge and collect the following fees: (a) Except as otherwise provided in Section 1036 for filing each application for a certificate of public convenience and necessity, or for the mortgage, lease, transfer, or assignment thereof, five hundred dollars ($500). The commission may adjust this fee based on the Consumer Price Index. The fee charged and collected pursuant to this subdivision shall not exceed the reasonable costs to process the application. (b) For a certificate authorizing an issue of bonds, notes, or other evidences of indebtedness, two dollars ($2) for each one thousand dollars ($1,000) of the face value of the authorized issue or fraction thereof up to one million dollars ($1,000,000), one dollar ($1) for each one thousand dollars ($1,000) over one million dollars ($1,000,000) and up to ten million dollars ($10,000,000), and fifty cents ($0.50) for each one thousand dollars ($1,000) over ten million dollars ($10,000,000), with a minimum fee in any case of fifty dollars ($50). No fee need be paid on such portion of any such issue as may be used to guarantee, take over, refund, discharge, or retire any stock, bond, note or other evidence of indebtedness on which a fee has theretofore been paid to the commission. If the commission modified the amount of the issue requested in any case and the applicant thereupon elects not to avail itself of the commission' s authorization, no fee shall be paid, and if such fee is paid prior to the issuance of such certificate by the commission, such fee shall be returned.SEC. 2.Section 1906 of the Public Utilities Code is repealed.