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