BILL NUMBER: AB 2762	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Utilities and Commerce (Wright (Chair),
Pescetti (Vice Chair), Calderon, Campbell, Mazzoni, Vincent, and
Wesson)

                        FEBRUARY 25, 2000

   An act to amend Section 422 of the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2762, as introduced, Committee on Utilities and Commerce.
Common carriers:  annual fee.
   The Public Utilities Act requires the Public Utilities Commission
to impose a fee on common carriers and related businesses to finance
the regulation of those entities by the commission.  The act requires
the commission to allocate, within each class of carrier and related
business subject to the fee, among the members of the class, the
amount of the commission's budget to be financed by the fee based on
the ratio that each member's gross intrastate revenues bears to the
total gross intrastate revenues of the class, except as specified.
The act requires the commission to establish uniform fees for every
carrier and related business having annual gross intrastate revenues
of $100,000 or less, for every railroad corporation having annual
gross intrastate revenues of $10,000,000 or less, and for commercial
air operators and for-hire vessel operators.
   This bill would modify that provision to require the commission,
commencing July 1, 2002, to establish a uniform fee for each class of
carrier and related business, based on the actual costs incurred by
the commission in conducting licensing, enforcement, and
investigation activities with regard to each class, except as
specified.
   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 422 of the Public Utilities Code is amended to
read:
   422.  The commission shall establish the fee pursuant to Section
421 with the approval of the Department of Finance and in accordance
with all of the following:
   (a) In its annual budget request, the commission shall specify, at
a minimum, both of the following:
   (1) The amount of its budget to be financed by the fee.
   (2) The dollar allocation of the amount of its budget to be
financed by the fee by each class of carrier and related business
subject to the fee.  Each class of carrier and related business
subject to this article shall pay fees sufficient to support the
commission's regulatory activities for the class from which the fee
is collected and to establish an appropriate reserve.
   (b) The commission may establish different and distinct methods of
assessing fees for each class of carrier and related business, if
the revenues collected are consistent with paragraph (2) of
subdivision (a).
   (c)  Within   Commencing July 1, 2002, for
 each class of carrier and related business subject to the fee,
the commission shall  allocate, among the members of the
class   establish a uniform fee  ,  to total
 the amount of the commission's budget to be financed by the fee
based on the  ratio that each member's gross intrastate
revenues bears to the total gross intrastate revenues of the class
  actual costs incurred by the commission in conducting
licensing, enforcement, and investigation activities with regard to
the class  , except for railroad corporations, whose fees shall
be allocated within that class in accordance with subdivision (g).
   (d) Any carrier or related business which is a member of more than
one class of carrier or related business shall be subject to the fee
for each class of which it is a member.
   (e)  For every carrier and related business having annual
gross intrastate revenues of one hundred thousand dollars ($100,000)
or less, or for every railroad corporation having annual gross
intrastate revenues of ten million dollars ($10,000,000) or less, the
commission shall annually establish uniform fees, which shall be not
less than a minimum annual fee, to be paid by each carrier and
related business and by each railroad corporation, if the revenues
collected are consistent with paragraph (2) of subdivision (a). Every
carrier and related business and railroad corporation paying fees
pursuant to this subdivision shall show proof of eligibility at the
time of payment in a form the commission may specify.
   (f) The commission shall annually establish a uniform fee, which
shall be not less than a minimum annual fee, to be paid by every
commercial air operator and for-hire vessel operator, if the revenues
collected are consistent with paragraph (2) of subdivision (a).
   (g)  The commission shall establish the initial fee
amount to be paid by railroad corporations subject to this section,
and the regulations for the assessment and collection of the fee, no
later than January 31, 1992.  The commission shall collect the
initial fee from railroad corporations beginning on February 1, 1992,
and shall disburse the amounts collected as directed in Section
309.7, as added by Assembly Bill 684 of the 1991-92 Regular Session,
and Section 421.  
   (h)  
   (f)  The commission shall establish regulations for
allocating the proportionate share of the fee established pursuant to
paragraph (2) of subdivision (a) to be paid by the rail corporations
within that class.  The regulations may utilize gross intrastate
revenues; track mileage within the state; terminals located within
the state; loaded car miles traveled within the state; fuel
consumption; or any other measure deemed by the commission to be
appropriate in allocating the fee among railroad corporations.  On or
before January 15, 1992, railroad corporations as a group may submit
a proposed plan of allocation to the commission, which the
commission shall consider in establishing the regulations.