BILL NUMBER: AB 2762 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2000
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 amended, Committee on Utilities and Commerce. Common
carriers: passenger vehicle operators: 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 , as
defined, 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. The act also authorizes the commission to
establish a uniform annual fee to be paid by a charter-party carrier
of passengers.
This bill would modify that provision to require
authorize the commission , commencing
July 1, 2002, to establish a uniform fee for each
class of carrier and related business the passenger
vehicle operators class , based on
the actual costs incurred by the commission in conducting licensing,
enforcement, and investigation activities with regard to each class,
except as specified a basis other than revenue,
including, on a per vehicle basis, in an amount that would cover all
costs associated with conducting, licensing, enforcement, and
investigations activities with regard to that class of carriers
.
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
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) (1) Within each class of carrier and related
business subject to the fee, the commission shall allocate, 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 for railroad corporations, whose fees shall be
allocated within that class in accordance with subdivision (g).
(2) However, in the case of passenger vehicle operators, the
commission may assess fees on a basis other than revenue, including
on a per vehicle basis in an amount that would cover all costs
associated with conducting licensing, enforcement, and investigation
activities with regard to that class of carrier.
(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) 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. 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) Commencing July 1, 2002, for each class of carrier and
related business subject to the fee, the commission shall establish a
uniform fee, to total the amount of the commission's budget to be
financed by the fee based on the 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) 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.
(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.