BILL ANALYSIS 1 1 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE DEBRA BOWEN, CHAIRWOMAN AB 2762 - Assembly Utilities & Commerce Hearing Date: June 13, 2000 A As Amended: June 6, 2000 FISCAL B 2 7 6 2 DESCRIPTION Current law establishes a program run by the California Public Utilities Commission (CPUC) to ensure the safe operation of passenger carriers (i.e. SuperShuttle, limousines, charter busses). This program is paid for by fees on the carriers which are based on a uniform percentage of their individual gross revenues. This bill permits the CPUC to move away from a revenue-based assessment system and to use a system that's based on a per-vehicle assessment. BACKGROUND The CPUC regulates passenger carriers to ensure their drivers are properly licensed, the vehicles are properly maintained, and the companies are properly insured. Certain passenger carriers are also subject to rate regulation. These activities are funded by a fee of one-half of 1% of the carriers gross revenue - a fee that raises about $3 million per year. Under the current system, the CPUC determines how much money it needs in order to operate its inspection program, then calculates the fee necessary to provide that level of funding. This bill doesn't change that process, but it gives the CPUC the option of calculating the fee on a per-vehicle basis instead of a gross revenue basis. QUESTIONS 1.Since this bill gives the CPUC the option of raising the amount of money it needs to operate its existing program in a different manner, certain companies will probably pay more and others will probably pay less than they're paying should the CPUC exercise that option. The question is, who could "win" and who could "lose" should the CPUC change its formula? 2.Is the current system of funding the inspection program by assessing a fee based on a percentage of each company's revenues unfair, since it means each company will pay a different amount per vehicle inspection even though the cost for each inspection is roughly the same? COMMENTS 1)Cover The Costs . The California Bus Association, the sponsor of this bill, believes allowing the CPUC to fund its program on a "per vehicle" basis is a fairer way of operating the program. While the entire program is only supposed to be funded at a level that covers its costs, doing it on a per company revenue basis means some companies are over paying for the cost of regulating their vehicles while other companies are under paying. 2)The Pie Stays The Same - It's How You Cut The Pieces . The CPUC's collection of fees to cover the costs of this program is a zero sum game. The CPUC incurs a given level of expenses to do its work and those expenses are covered by a fee assessed on the revenues of the carriers who are being regulated and inspected. Presumably, the sponsor of this bill believes that if the CPUC exercises the authority provided to it in this bill, it will reduce the fees paid by bus companies to fund this program. If that does indeed occur, the revenue loss will be made up by other passenger carriers. 3)Fairness Is In The Eye Of The Beholder . Setting fees on a per-vehicle basis rather than a percentage of revenue basis has the advantage of administrative simplicity and eliminates the need for carriers to report their gross operating revenues. Presumably, the cost of regulating passenger carriers is driven by the vehicles inspected, not by the gross revenue of the individual company. ASSEMBLY VOTES Assembly Utilities and Commerce Committee(8-0) Assembly Appropriations Committee (21-0) Assembly Floor (74-0) POSITIONS Sponsor: California Bus Association Support: None on file. Oppose: None on file. Randy Chinn AB 2762 Analysis Hearing Date: June 13, 2000