CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1532Introduced by Committee on Communications and Conveyance (Assembly Members Boerner (Chair), Ahrens, Bonta, Caloza, Garcia, and Blanca Rubio)March 28, 2025 An act to amend Sections 304, 321.6, 2881, and 5440.5 of, to add Section 304.5 to, and to add and repeal Section 304.7 of, the Public Utilities Code, relating to the Public Utilities Commission, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 1532, as introduced, Committee on Communications and Conveyance. Public Utilities Commission.(1) Existing law establishes the membership of the Public Utilities Commission, and the qualifications and tenure of the members of the commission. Existing law requires commissioners to be civil executive officers and requires their salaries to be fixed by law and paid in the same manner as the salaries of other state officers.This bill would require commissioners to attend no less than 25% of the hearings that are part of a ratesetting proceeding in order to receive their salaries, as specified. The bill would require the commission to adopt rules governing commissioner attendance at hearings and would require the Milton Marks Little Hoover Commission on California State Government Organization and Economy, on or before January 1, 2027, to publish a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving commission timelines in resolving proceedings. The bill would require the report to evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.This bill would require a commissioner to appear at a legislative hearing at the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission.(2) Existing law establishes the Deaf and Disabled Telecommunications Program and requires the commission to administer a surcharge to collect revenues of up to $100,000,000 per year until January 1, 2025, subject to an annual appropriation of moneys by the Legislature, to allow providers of equipment and service pursuant to the Deaf and Disabled Telecommunications Program to recover their costs as they are incurred. Existing law establishes the Deaf and Disabled Telecommunications Program Administrative Committee Fund for the program described above.This bill would extend the requirement on the commission to collect the surcharge described above until January 1, 2031.(3) The Passenger Charter-party Carriers Act provides for the regulation of charter-party carriers of passengers by the commission and includes specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies (TNCs), which are certain organizations that, using an online-enabled application or platform, connect passengers with drivers using a personal vehicle. The act requires, until January 1, 2026, the commission, as part of its regulation of TNCs, to establish, in a new or existing proceeding, a program relating to accessibility for persons with disabilities. Among other program requirements, the act requires each TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at a minimum, $0.05 for each TNC trip completed using the TNCs online-enabled application or platform that originates in certain geographic areas except if a TNC satisfies certain requirements for a partial or complete exemption from those charges, as specified. The act requires those charges collected by the commission to be deposited into the TNC Access for All Fund, and continuously appropriates moneys in the fund to the commission for purposes of the program, including for distribution on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities in the geographic areas included in the program.This bill would extend the requirement for the commission to establish that program until January 1, 2032, including extending the $0.05 charge for each completed TNC trip. By extending the operation of the TNC Access for All Fund, which is a continuously appropriated fund, the bill would make an appropriation.(4) Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the commission is a crime.Because a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.(5) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 304 of the Public Utilities Code is amended to read:304. (a) The annual salary of each commissioner is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The commissioners shall be civil executive officers, and their salaries as fixed by law shall be paid in the same manner as are the salaries of other state officers.(b) In order to receive the annual salary provided for in subdivision (a), a commissioner, following their first year as a commissioner, shall attend no less than 25 percent of the hearings that are part of a ratesetting proceeding in the preceding year.SEC. 2. Section 304.5 is added to the Public Utilities Code, to read:304.5. The commission shall adopt rules governing commissioner attendance at hearings.SEC. 3. Section 304.7 is added to the Public Utilities Code, to read:304.7. (a) On or before January 1, 2027, the Milton Marks Little Hoover Commission on California State Government Organization and Economy shall submit a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving the commissions timelines in resolving proceedings.(b) The report shall include an analysis of all of the following topics:(1) Commissioner attendance at quasi-legislative, adjudication, ratesetting, and catastrophic wildfire proceedings.(2) Commissioner attendance at hearings in proceedings that resulted in a rate increase for ratepayers.(3) Hearings in which the commissioner was the presiding officer.(4) Commissioner attendance at hearings specific to the telecommunications, broadband, transportation, or railroad industry.(c) The report shall evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.(d) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.SEC. 4. Section 321.6 of the Public Utilities Code is amended to read:321.6. (a) The president of the commission shall annually appear before the appropriate policy committees of the Senate and Assembly to present the annual report of the commission required pursuant to Section 910.(b) At the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission, a commissioner shall appear at a legislative hearing.SEC. 5. Section 2881 of the Public Utilities Code is amended to read:2881. (a) The commission shall design and implement a program to provide a telecommunications device capable of serving the needs of individuals who are deaf or hard of hearing, together with a single party line, at no charge additional to the basic exchange rate, to a subscriber who is certified as an individual who is deaf or hard of hearing by a licensed physician and surgeon, audiologist, or a qualified state or federal agency, as determined by the commission, and to a subscriber that is an organization representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h). A licensed hearing aid dispenser may certify the need of an individual to participate in the program if that individual has been previously fitted with an amplified device by the dispenser and the dispenser has the individuals hearing records on file before certification. In addition, a physician assistant or nurse practitioner may certify the needs of an individual who has been diagnosed by a physician and surgeon as being deaf or hard of hearing to participate in the program after reviewing the medical records or copies of the medical records containing that diagnosis.(b) The commission shall also design and implement a program to provide a dual-party relay system, using third-party intervention to connect individuals who are deaf or hard of hearing and offices of organizations representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h), with persons of normal hearing by way of intercommunications devices for individuals who are deaf or hard of hearing and the telephone system, making available reasonable access of all phases of public telephone service to telephone subscribers who are deaf or hard of hearing. In order to make a dual-party relay system that will meet the requirements of individuals who are deaf or hard of hearing available at a reasonable cost, the commission shall initiate an investigation, conduct public hearings to determine the most cost-effective method of providing dual-party relay service to the deaf or hard of hearing when using a telecommunications device, and solicit the advice, counsel, and physical assistance of statewide nonprofit consumer organizations of the deaf, during the development and implementation of the system. The commission shall apply for certification of this program under rules adopted by the Federal Communications Commission pursuant to Section 401 of the federal Americans with Disabilities Act of 1990 (Public Law 101-336).(c) The commission shall also design and implement a program whereby specialized or supplemental telephone communications equipment may be provided to subscribers who are certified to be disabled at no charge additional to the basic exchange rate. The certification, including a statement of visual or medical need for specialized telecommunications equipment, shall be provided by a licensed optometrist, physician and surgeon, physician assistant, or nurse practitioner, acting within the scope of practice of the applicable license, or by a qualified state or federal agency as determined by the commission. The commission shall, in this connection, study the feasibility of, and implement, if determined to be feasible, personal income criteria, in addition to the certification of disability, for determining a subscribers eligibility under this subdivision.(d) (1) The commission shall also design and implement a program to provide access to a speech-generating device to any subscriber who is certified as having a speech disability at no charge additional to the basic exchange rate. The certification shall be provided by a licensed physician, licensed speech-language pathologist, nurse practitioner, or qualified state or federal agency. The commission shall provide to a certified subscriber access to a speech-generating device that is all of the following:(A) A telecommunications device or a device that includes a telecommunications component.(B) Appropriate to meet the subscribers needs for access to, and use of, the telephone network, based on the recommendation of a licensed speech-language pathologist.(C) Consistent with the quality of speech-generating devices available for purchase in the state.(2) The commission shall adopt rules to implement this subdivision and subdivision (e) by January 1, 2014.(e) All of the following apply to any device or equipment described in this section that is classified as durable medical equipment under guidelines established by the United States Department of Health and Human Services:(1) It is the intent of the Legislature that the commission be the provider of last resort and that eligible subscribers first obtain coverage from any available public or private insurance.(2) The commission may require the subscriber to provide information about coverage for any or all of the cost of the device or equipment that is available from a public or private insurance, the cost to the subscriber of a deductible, copayment, or other relevant expense, and any related benefit cap information.(3) The total cost of a device or equipment provided to a subscriber under this section shall not exceed the rate of reimbursement provided by Medi-Cal for that device or equipment.(f) This section does not require the commission to provide training to a subscriber on the use of a speech-generating device.(g) (1) The commission shall administer a surcharge to collect revenues, subject to an annual appropriation of moneys by the Legislature, to allow providers of the equipment and service specified in subdivisions (a) to (d), inclusive, to recover costs as they are incurred under this section. The surcharge shall be in effect until January 1, 2025. 2031. The commission shall require that the programs implemented under this section be identified on subscribers bills, and shall establish a fund and require separate accounting for each of the programs implemented under this section.(2) The commission may collect a sum not to exceed one hundred million dollars ($100,000,000) per year by imposing the surcharge pursuant to paragraph (1).(h) The commission shall determine and specify those statewide organizations representing the deaf or hard of hearing that shall receive a telecommunications device pursuant to subdivision (a), or a dual-party relay system pursuant to subdivision (b), or both, and in which offices the equipment shall be installed in the case of an organization having more than one office.(i) The commission may direct a telephone corporation subject to its jurisdiction to comply with its determinations and specifications pursuant to this section.(j) The commission shall annually review the surcharge level and the balances in the funds established pursuant to subdivision (g). Until January 1, 2025, 2031, the commission may make, within the limits set by subdivision (g), necessary adjustments to the surcharge to ensure that the programs supported by the surcharge are adequately funded and that the fund balances are not excessive. A fund balance that is projected to exceed six months worth of projected expenses at the end of the fiscal year is excessive.(k) In order to continue to meet the access needs of individuals with functional limitations of hearing, vision, movement, manipulation, speech, and interpretation of information, the commission shall perform an ongoing assessment of, and if appropriate, expand the scope of, the program to allow for additional access capability consistent with evolving telecommunications technology.(l) The commission shall structure the programs required by this section so that a charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers.SEC. 6. Section 5440.5 of the Public Utilities Code is amended to read:5440.5. (a) As part of the regulation of transportation network companies (TNCs) referenced in subdivision (a) of Section 5440, the commission shall do all of the following:(1) In a new or existing proceeding, establish a program relating to accessibility for persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV). This program shall include, but is not limited to, all of the following:(A) By January 1, 2019, the commission shall begin conducting workshops with stakeholders, including California cities and counties, disability rights organizations, persons with disabilities, transportation and transit agencies, social service transportation providers, paratransit coordinating councils, and transportation network companies, in order to determine community WAV demand and WAV supply and to develop and provide recommendations regarding the establishment of geographic areas, criteria for Access Fund expenditures, and educational outreach objectives for programs for on-demand services and partnerships consistent with the requirements of this section. Workshops The workshops may also examine topics including, but not limited to, vehicle specifications, subsidies for wheelchair pickups, maintenance and fuel costs, designated pickup locations for drivers in locations where door-to-door service is not feasible, standards for trip requests, response times, and rider initiated cancellation, limiting of stranded users, integration of service into city and county transportation plans, or any necessary training or additional incentives for WAV drivers that results in a measurable impact on service availability, efficiency, and efficacy. The commission shall conduct a minimum of five workshops throughout the state.(B) (i) The commission shall require each TNC TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at minimum, 0.05 dollars ($0.05) for each TNC trip completed using the transportation network companys online-enabled application or platform that originates in one of the geographic areas selected pursuant to subparagraph (D), except if the TNC meets the requirements of an exemption established by the commission pursuant to subparagraph (G). The commission may adjust the fee in each geographic area selected pursuant to subparagraph (D) to different levels based on the cost of providing adequate WAV service within the geographic area.(ii) Each TNC shall charge its customers on each TNC trip completed the full amount of the per-trip fee established pursuant to this subparagraph, and remit the total amount of those fees charged to the commission each quarter. The commission shall authorize a TNC to offset against the amounts due pursuant to this subparagraph for a particular quarter the amounts spent by the TNC during that quarter to improve WAV service on its online-enabled application or platform for each geographic area and thereby reduce the amount required to be remitted to the commission. In order to offset amounts due pursuant to this subparagraph in a geographic area, the commission shall require a TNC, at a minimum, to demonstrate, in the geographic area, the presence and availability of drivers with WAVs on its online-enabled application or platform, improved level of service, including reasonable response times, due to those investments for WAV service compared to the previous quarter, efforts undertaken to publicize and promote available WAV services to disability communities, and a full accounting of funds expended.(C) The commission shall create the TNC Access for All Fund (Access Fund) and deposit moneys collected pursuant to subparagraph (B) in the Access Fund. The commission shall distribute funds in the Access Fund on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities, including wheelchair users who need a WAV, in the geographic areas selected pursuant to subparagraph (D).(D) The commission shall select geographic areas, which shall be based on the demand for WAVs within the area and selected according to outcomes of workshops in subparagraph (A), for inclusion in the on-demand transportation programs or partnerships funded pursuant to subparagraph (C). The commission shall allocate moneys in the Access Fund for use in each geographic area in a manner that is proportional to the percent of the Access Fund fees originating in that geographic area.(E) The commission shall request access providers to submit applications to receive funds pursuant to subparagraph (C) by April 1, 2020. The commission may accept applications for new on-demand transportation programs or partnerships any time after April 1, 2020. From the applications that are submitted, the commission shall select by July 1, 2020, on-demand transportation programs or partnerships to receive funding based on criteria adopted by the commission in consultation with stakeholders described in subparagraph (A). As part of the criteria, the commission shall require an access provider to demonstrate in its application, at a minimum, how the program or partnership improves response times for WAV service compared to the previous year, the presence and availability of WAVs within the geographic area, and efforts undertaken to publicize and promote available WAV services to disability communities.(F) The commission shall distribute funds pursuant to subparagraph (E) in the Access Fund within 90 days following the end of each year. If no access provider meets the requirements, funds shall remain in the Access Fund and be distributed the next year.(G) The commission shall require each transportation network company to be accessible to persons with disabilities in order to be exempt from paying the charge required pursuant to subparagraph (B). The commission shall adopt a designated level of WAV service that is required to be met in each geographic area via a TNCs online-enabled application or platform in order for the TNC to be exempt from paying the fee required pursuant to subparagraph (B) for the next year in that geographic area. As part of the designated level of WAV service for each geographic area, the commission shall require a TNC, at a minimum, to have response times for 80 percent of WAV trips requested via the TNCs online-enabled application or platform within a time established by the commission for that geographic area. If a TNC meets the WAV service level requirement established pursuant to this subparagraph in a geographic area selected pursuant to subparagraph (D) for a particular year, the TNC is shall be exempt from paying the fee imposed pursuant to subparagraph (B) for the next year for that geographic area only. A TNC may provide a higher level of service than the minimum service level requirement designated by the commission.(H) A TNC may meet the requirements of clause (ii) of subparagraph (B) and subparagraph (G) by facilitating WAV service through its online-enabled application or platform, by directly providing WAV service with vehicles that it owns, or by a contract to provide WAV service with a transportation provider, or by any combination of these methods.(I) Within 30 days after the end of each quarter beginning after July 1, 2020, quarter, a transportation network company that receives an offset pursuant to clause (ii) of subparagraph (B) or an access provider that receives funding pursuant to subparagraph (C) shall submit a report to the commission. The report shall include, but shall not be limited to, all of the following:(i) The number of WAV rides requested.(ii) The number of WAV rides fulfilled.(iii) Data detailing the response time between when a WAV ride was requested and when the vehicle arrived.(iv) Information regarding educational outreach to disability communities, including, but not limited to, information and promotion of availability of WAVs for wheelchair users.(v) A detailed description of expenditures or investments, as applicable.(J) The commission shall establish yearly benchmarks for TNCs and access providers to meet to ensure WAV users receive continuously improved, reliable, and available service. These benchmarks shall include, but are not limited to, response times, percentage of trips fulfilled versus trips requested, and number of users requesting rides versus community WAV demand for each geographic area.(K) The commission shall authorize no more than 2 percent of existing funds collected from TNCs pursuant to Section 421 and deposited into the Public Utilities Commission Transportation Reimbursement Account to be distributed to accessibility advocates who provide a substantial contribution to the proceeding initiated pursuant to this section, and only for the duration of the commission proceeding initiated pursuant to this section. These funds may shall only be distributed to advocates for accessible transportation or representatives of a group whose membership uses accessible transportation. The commission shall distribute funds pursuant to this subparagraph in a manner consistent with the requirements of Sections 1803 to 1808, inclusive. The commission shall not increase the fees authorized pursuant to Section 421 in order to fulfill the requirements of this subparagraph. Nothing in this subparagraph is intended to allow parties to obtain intervenor compensation for other transportation proceedings at the commission.(2) (A) Report to the Legislature by January 1, 2024, on compliance with the this section and on the effectiveness of the on-demand transportation programs or partnerships funded pursuant to this section. The report shall include, but not be limited to, all of the following:(i) A study on the demand for WAVs, including demand according to time of day and geographic area.(ii) An analysis of the reports required to be submitted by access providers receiving funding pursuant to paragraph (1).(iii) The availability of unallocated funds in the Access Fund, including the need to reassess Access Fund allocations.(iv) An analysis of current program capabilities and deficiencies, and recommendations to overcome any identified deficiencies.(B) The report required by this paragraph shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.(3) Create a working group with stakeholders described in subparagraph (A) of paragraph (1) to examine the variety of agencies, localities, and programs that provide transportation services for persons with disabilities, including passenger stage carriers and charter-party carriers within the commissions jurisdiction, in order to evaluate ways to partner with those agencies to provide services to disabled persons in a nonduplicative, nondiscriminatory, and more efficient manner.(b) Notwithstanding Section 13340 of the Government Code, moneys deposited in the TNC Access for All Fund created pursuant to subparagraph (C) of paragraph (1) of subdivision (a) are continuously appropriated to the commission without regard to fiscal years for purposes of the program established pursuant to this section.(c) The commission may hire an independent entity to administer the program established pursuant to subdivision (a) and to complete the report required pursuant to paragraph (2) of subdivision (a).(d) Nothing in this section shall This section does not limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in this section. Nothing in this section shall be construed to This section does not expand or limit any obligations, if any, of a transportation network company under existing state or federal disability access laws.(e) This section shall remain in effect only until January 1,2026, 2032, and as of that date is repealed.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1532Introduced by Committee on Communications and Conveyance (Assembly Members Boerner (Chair), Ahrens, Bonta, Caloza, Garcia, and Blanca Rubio)March 28, 2025 An act to amend Sections 304, 321.6, 2881, and 5440.5 of, to add Section 304.5 to, and to add and repeal Section 304.7 of, the Public Utilities Code, relating to the Public Utilities Commission, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 1532, as introduced, Committee on Communications and Conveyance. Public Utilities Commission.(1) Existing law establishes the membership of the Public Utilities Commission, and the qualifications and tenure of the members of the commission. Existing law requires commissioners to be civil executive officers and requires their salaries to be fixed by law and paid in the same manner as the salaries of other state officers.This bill would require commissioners to attend no less than 25% of the hearings that are part of a ratesetting proceeding in order to receive their salaries, as specified. The bill would require the commission to adopt rules governing commissioner attendance at hearings and would require the Milton Marks Little Hoover Commission on California State Government Organization and Economy, on or before January 1, 2027, to publish a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving commission timelines in resolving proceedings. The bill would require the report to evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.This bill would require a commissioner to appear at a legislative hearing at the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission.(2) Existing law establishes the Deaf and Disabled Telecommunications Program and requires the commission to administer a surcharge to collect revenues of up to $100,000,000 per year until January 1, 2025, subject to an annual appropriation of moneys by the Legislature, to allow providers of equipment and service pursuant to the Deaf and Disabled Telecommunications Program to recover their costs as they are incurred. Existing law establishes the Deaf and Disabled Telecommunications Program Administrative Committee Fund for the program described above.This bill would extend the requirement on the commission to collect the surcharge described above until January 1, 2031.(3) The Passenger Charter-party Carriers Act provides for the regulation of charter-party carriers of passengers by the commission and includes specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies (TNCs), which are certain organizations that, using an online-enabled application or platform, connect passengers with drivers using a personal vehicle. The act requires, until January 1, 2026, the commission, as part of its regulation of TNCs, to establish, in a new or existing proceeding, a program relating to accessibility for persons with disabilities. Among other program requirements, the act requires each TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at a minimum, $0.05 for each TNC trip completed using the TNCs online-enabled application or platform that originates in certain geographic areas except if a TNC satisfies certain requirements for a partial or complete exemption from those charges, as specified. The act requires those charges collected by the commission to be deposited into the TNC Access for All Fund, and continuously appropriates moneys in the fund to the commission for purposes of the program, including for distribution on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities in the geographic areas included in the program.This bill would extend the requirement for the commission to establish that program until January 1, 2032, including extending the $0.05 charge for each completed TNC trip. By extending the operation of the TNC Access for All Fund, which is a continuously appropriated fund, the bill would make an appropriation.(4) Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the commission is a crime.Because a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.(5) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1532
Introduced by Committee on Communications and Conveyance (Assembly Members Boerner (Chair), Ahrens, Bonta, Caloza, Garcia, and Blanca Rubio)March 28, 2025
Introduced by Committee on Communications and Conveyance (Assembly Members Boerner (Chair), Ahrens, Bonta, Caloza, Garcia, and Blanca Rubio)
March 28, 2025
An act to amend Sections 304, 321.6, 2881, and 5440.5 of, to add Section 304.5 to, and to add and repeal Section 304.7 of, the Public Utilities Code, relating to the Public Utilities Commission, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1532, as introduced, Committee on Communications and Conveyance. Public Utilities Commission.
(1) Existing law establishes the membership of the Public Utilities Commission, and the qualifications and tenure of the members of the commission. Existing law requires commissioners to be civil executive officers and requires their salaries to be fixed by law and paid in the same manner as the salaries of other state officers.This bill would require commissioners to attend no less than 25% of the hearings that are part of a ratesetting proceeding in order to receive their salaries, as specified. The bill would require the commission to adopt rules governing commissioner attendance at hearings and would require the Milton Marks Little Hoover Commission on California State Government Organization and Economy, on or before January 1, 2027, to publish a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving commission timelines in resolving proceedings. The bill would require the report to evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.This bill would require a commissioner to appear at a legislative hearing at the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission.(2) Existing law establishes the Deaf and Disabled Telecommunications Program and requires the commission to administer a surcharge to collect revenues of up to $100,000,000 per year until January 1, 2025, subject to an annual appropriation of moneys by the Legislature, to allow providers of equipment and service pursuant to the Deaf and Disabled Telecommunications Program to recover their costs as they are incurred. Existing law establishes the Deaf and Disabled Telecommunications Program Administrative Committee Fund for the program described above.This bill would extend the requirement on the commission to collect the surcharge described above until January 1, 2031.(3) The Passenger Charter-party Carriers Act provides for the regulation of charter-party carriers of passengers by the commission and includes specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies (TNCs), which are certain organizations that, using an online-enabled application or platform, connect passengers with drivers using a personal vehicle. The act requires, until January 1, 2026, the commission, as part of its regulation of TNCs, to establish, in a new or existing proceeding, a program relating to accessibility for persons with disabilities. Among other program requirements, the act requires each TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at a minimum, $0.05 for each TNC trip completed using the TNCs online-enabled application or platform that originates in certain geographic areas except if a TNC satisfies certain requirements for a partial or complete exemption from those charges, as specified. The act requires those charges collected by the commission to be deposited into the TNC Access for All Fund, and continuously appropriates moneys in the fund to the commission for purposes of the program, including for distribution on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities in the geographic areas included in the program.This bill would extend the requirement for the commission to establish that program until January 1, 2032, including extending the $0.05 charge for each completed TNC trip. By extending the operation of the TNC Access for All Fund, which is a continuously appropriated fund, the bill would make an appropriation.(4) Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the commission is a crime.Because a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.(5) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
(1) Existing law establishes the membership of the Public Utilities Commission, and the qualifications and tenure of the members of the commission. Existing law requires commissioners to be civil executive officers and requires their salaries to be fixed by law and paid in the same manner as the salaries of other state officers.
This bill would require commissioners to attend no less than 25% of the hearings that are part of a ratesetting proceeding in order to receive their salaries, as specified. The bill would require the commission to adopt rules governing commissioner attendance at hearings and would require the Milton Marks Little Hoover Commission on California State Government Organization and Economy, on or before January 1, 2027, to publish a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving commission timelines in resolving proceedings. The bill would require the report to evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.
This bill would require a commissioner to appear at a legislative hearing at the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission.
(2) Existing law establishes the Deaf and Disabled Telecommunications Program and requires the commission to administer a surcharge to collect revenues of up to $100,000,000 per year until January 1, 2025, subject to an annual appropriation of moneys by the Legislature, to allow providers of equipment and service pursuant to the Deaf and Disabled Telecommunications Program to recover their costs as they are incurred. Existing law establishes the Deaf and Disabled Telecommunications Program Administrative Committee Fund for the program described above.
This bill would extend the requirement on the commission to collect the surcharge described above until January 1, 2031.
(3) The Passenger Charter-party Carriers Act provides for the regulation of charter-party carriers of passengers by the commission and includes specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies (TNCs), which are certain organizations that, using an online-enabled application or platform, connect passengers with drivers using a personal vehicle. The act requires, until January 1, 2026, the commission, as part of its regulation of TNCs, to establish, in a new or existing proceeding, a program relating to accessibility for persons with disabilities. Among other program requirements, the act requires each TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at a minimum, $0.05 for each TNC trip completed using the TNCs online-enabled application or platform that originates in certain geographic areas except if a TNC satisfies certain requirements for a partial or complete exemption from those charges, as specified. The act requires those charges collected by the commission to be deposited into the TNC Access for All Fund, and continuously appropriates moneys in the fund to the commission for purposes of the program, including for distribution on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities in the geographic areas included in the program.
This bill would extend the requirement for the commission to establish that program until January 1, 2032, including extending the $0.05 charge for each completed TNC trip. By extending the operation of the TNC Access for All Fund, which is a continuously appropriated fund, the bill would make an appropriation.
(4) Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because a violation of a commission action implementing this bills requirements would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(5) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 304 of the Public Utilities Code is amended to read:304. (a) The annual salary of each commissioner is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The commissioners shall be civil executive officers, and their salaries as fixed by law shall be paid in the same manner as are the salaries of other state officers.(b) In order to receive the annual salary provided for in subdivision (a), a commissioner, following their first year as a commissioner, shall attend no less than 25 percent of the hearings that are part of a ratesetting proceeding in the preceding year.SEC. 2. Section 304.5 is added to the Public Utilities Code, to read:304.5. The commission shall adopt rules governing commissioner attendance at hearings.SEC. 3. Section 304.7 is added to the Public Utilities Code, to read:304.7. (a) On or before January 1, 2027, the Milton Marks Little Hoover Commission on California State Government Organization and Economy shall submit a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving the commissions timelines in resolving proceedings.(b) The report shall include an analysis of all of the following topics:(1) Commissioner attendance at quasi-legislative, adjudication, ratesetting, and catastrophic wildfire proceedings.(2) Commissioner attendance at hearings in proceedings that resulted in a rate increase for ratepayers.(3) Hearings in which the commissioner was the presiding officer.(4) Commissioner attendance at hearings specific to the telecommunications, broadband, transportation, or railroad industry.(c) The report shall evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.(d) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.SEC. 4. Section 321.6 of the Public Utilities Code is amended to read:321.6. (a) The president of the commission shall annually appear before the appropriate policy committees of the Senate and Assembly to present the annual report of the commission required pursuant to Section 910.(b) At the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission, a commissioner shall appear at a legislative hearing.SEC. 5. Section 2881 of the Public Utilities Code is amended to read:2881. (a) The commission shall design and implement a program to provide a telecommunications device capable of serving the needs of individuals who are deaf or hard of hearing, together with a single party line, at no charge additional to the basic exchange rate, to a subscriber who is certified as an individual who is deaf or hard of hearing by a licensed physician and surgeon, audiologist, or a qualified state or federal agency, as determined by the commission, and to a subscriber that is an organization representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h). A licensed hearing aid dispenser may certify the need of an individual to participate in the program if that individual has been previously fitted with an amplified device by the dispenser and the dispenser has the individuals hearing records on file before certification. In addition, a physician assistant or nurse practitioner may certify the needs of an individual who has been diagnosed by a physician and surgeon as being deaf or hard of hearing to participate in the program after reviewing the medical records or copies of the medical records containing that diagnosis.(b) The commission shall also design and implement a program to provide a dual-party relay system, using third-party intervention to connect individuals who are deaf or hard of hearing and offices of organizations representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h), with persons of normal hearing by way of intercommunications devices for individuals who are deaf or hard of hearing and the telephone system, making available reasonable access of all phases of public telephone service to telephone subscribers who are deaf or hard of hearing. In order to make a dual-party relay system that will meet the requirements of individuals who are deaf or hard of hearing available at a reasonable cost, the commission shall initiate an investigation, conduct public hearings to determine the most cost-effective method of providing dual-party relay service to the deaf or hard of hearing when using a telecommunications device, and solicit the advice, counsel, and physical assistance of statewide nonprofit consumer organizations of the deaf, during the development and implementation of the system. The commission shall apply for certification of this program under rules adopted by the Federal Communications Commission pursuant to Section 401 of the federal Americans with Disabilities Act of 1990 (Public Law 101-336).(c) The commission shall also design and implement a program whereby specialized or supplemental telephone communications equipment may be provided to subscribers who are certified to be disabled at no charge additional to the basic exchange rate. The certification, including a statement of visual or medical need for specialized telecommunications equipment, shall be provided by a licensed optometrist, physician and surgeon, physician assistant, or nurse practitioner, acting within the scope of practice of the applicable license, or by a qualified state or federal agency as determined by the commission. The commission shall, in this connection, study the feasibility of, and implement, if determined to be feasible, personal income criteria, in addition to the certification of disability, for determining a subscribers eligibility under this subdivision.(d) (1) The commission shall also design and implement a program to provide access to a speech-generating device to any subscriber who is certified as having a speech disability at no charge additional to the basic exchange rate. The certification shall be provided by a licensed physician, licensed speech-language pathologist, nurse practitioner, or qualified state or federal agency. The commission shall provide to a certified subscriber access to a speech-generating device that is all of the following:(A) A telecommunications device or a device that includes a telecommunications component.(B) Appropriate to meet the subscribers needs for access to, and use of, the telephone network, based on the recommendation of a licensed speech-language pathologist.(C) Consistent with the quality of speech-generating devices available for purchase in the state.(2) The commission shall adopt rules to implement this subdivision and subdivision (e) by January 1, 2014.(e) All of the following apply to any device or equipment described in this section that is classified as durable medical equipment under guidelines established by the United States Department of Health and Human Services:(1) It is the intent of the Legislature that the commission be the provider of last resort and that eligible subscribers first obtain coverage from any available public or private insurance.(2) The commission may require the subscriber to provide information about coverage for any or all of the cost of the device or equipment that is available from a public or private insurance, the cost to the subscriber of a deductible, copayment, or other relevant expense, and any related benefit cap information.(3) The total cost of a device or equipment provided to a subscriber under this section shall not exceed the rate of reimbursement provided by Medi-Cal for that device or equipment.(f) This section does not require the commission to provide training to a subscriber on the use of a speech-generating device.(g) (1) The commission shall administer a surcharge to collect revenues, subject to an annual appropriation of moneys by the Legislature, to allow providers of the equipment and service specified in subdivisions (a) to (d), inclusive, to recover costs as they are incurred under this section. The surcharge shall be in effect until January 1, 2025. 2031. The commission shall require that the programs implemented under this section be identified on subscribers bills, and shall establish a fund and require separate accounting for each of the programs implemented under this section.(2) The commission may collect a sum not to exceed one hundred million dollars ($100,000,000) per year by imposing the surcharge pursuant to paragraph (1).(h) The commission shall determine and specify those statewide organizations representing the deaf or hard of hearing that shall receive a telecommunications device pursuant to subdivision (a), or a dual-party relay system pursuant to subdivision (b), or both, and in which offices the equipment shall be installed in the case of an organization having more than one office.(i) The commission may direct a telephone corporation subject to its jurisdiction to comply with its determinations and specifications pursuant to this section.(j) The commission shall annually review the surcharge level and the balances in the funds established pursuant to subdivision (g). Until January 1, 2025, 2031, the commission may make, within the limits set by subdivision (g), necessary adjustments to the surcharge to ensure that the programs supported by the surcharge are adequately funded and that the fund balances are not excessive. A fund balance that is projected to exceed six months worth of projected expenses at the end of the fiscal year is excessive.(k) In order to continue to meet the access needs of individuals with functional limitations of hearing, vision, movement, manipulation, speech, and interpretation of information, the commission shall perform an ongoing assessment of, and if appropriate, expand the scope of, the program to allow for additional access capability consistent with evolving telecommunications technology.(l) The commission shall structure the programs required by this section so that a charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers.SEC. 6. Section 5440.5 of the Public Utilities Code is amended to read:5440.5. (a) As part of the regulation of transportation network companies (TNCs) referenced in subdivision (a) of Section 5440, the commission shall do all of the following:(1) In a new or existing proceeding, establish a program relating to accessibility for persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV). This program shall include, but is not limited to, all of the following:(A) By January 1, 2019, the commission shall begin conducting workshops with stakeholders, including California cities and counties, disability rights organizations, persons with disabilities, transportation and transit agencies, social service transportation providers, paratransit coordinating councils, and transportation network companies, in order to determine community WAV demand and WAV supply and to develop and provide recommendations regarding the establishment of geographic areas, criteria for Access Fund expenditures, and educational outreach objectives for programs for on-demand services and partnerships consistent with the requirements of this section. Workshops The workshops may also examine topics including, but not limited to, vehicle specifications, subsidies for wheelchair pickups, maintenance and fuel costs, designated pickup locations for drivers in locations where door-to-door service is not feasible, standards for trip requests, response times, and rider initiated cancellation, limiting of stranded users, integration of service into city and county transportation plans, or any necessary training or additional incentives for WAV drivers that results in a measurable impact on service availability, efficiency, and efficacy. The commission shall conduct a minimum of five workshops throughout the state.(B) (i) The commission shall require each TNC TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at minimum, 0.05 dollars ($0.05) for each TNC trip completed using the transportation network companys online-enabled application or platform that originates in one of the geographic areas selected pursuant to subparagraph (D), except if the TNC meets the requirements of an exemption established by the commission pursuant to subparagraph (G). The commission may adjust the fee in each geographic area selected pursuant to subparagraph (D) to different levels based on the cost of providing adequate WAV service within the geographic area.(ii) Each TNC shall charge its customers on each TNC trip completed the full amount of the per-trip fee established pursuant to this subparagraph, and remit the total amount of those fees charged to the commission each quarter. The commission shall authorize a TNC to offset against the amounts due pursuant to this subparagraph for a particular quarter the amounts spent by the TNC during that quarter to improve WAV service on its online-enabled application or platform for each geographic area and thereby reduce the amount required to be remitted to the commission. In order to offset amounts due pursuant to this subparagraph in a geographic area, the commission shall require a TNC, at a minimum, to demonstrate, in the geographic area, the presence and availability of drivers with WAVs on its online-enabled application or platform, improved level of service, including reasonable response times, due to those investments for WAV service compared to the previous quarter, efforts undertaken to publicize and promote available WAV services to disability communities, and a full accounting of funds expended.(C) The commission shall create the TNC Access for All Fund (Access Fund) and deposit moneys collected pursuant to subparagraph (B) in the Access Fund. The commission shall distribute funds in the Access Fund on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities, including wheelchair users who need a WAV, in the geographic areas selected pursuant to subparagraph (D).(D) The commission shall select geographic areas, which shall be based on the demand for WAVs within the area and selected according to outcomes of workshops in subparagraph (A), for inclusion in the on-demand transportation programs or partnerships funded pursuant to subparagraph (C). The commission shall allocate moneys in the Access Fund for use in each geographic area in a manner that is proportional to the percent of the Access Fund fees originating in that geographic area.(E) The commission shall request access providers to submit applications to receive funds pursuant to subparagraph (C) by April 1, 2020. The commission may accept applications for new on-demand transportation programs or partnerships any time after April 1, 2020. From the applications that are submitted, the commission shall select by July 1, 2020, on-demand transportation programs or partnerships to receive funding based on criteria adopted by the commission in consultation with stakeholders described in subparagraph (A). As part of the criteria, the commission shall require an access provider to demonstrate in its application, at a minimum, how the program or partnership improves response times for WAV service compared to the previous year, the presence and availability of WAVs within the geographic area, and efforts undertaken to publicize and promote available WAV services to disability communities.(F) The commission shall distribute funds pursuant to subparagraph (E) in the Access Fund within 90 days following the end of each year. If no access provider meets the requirements, funds shall remain in the Access Fund and be distributed the next year.(G) The commission shall require each transportation network company to be accessible to persons with disabilities in order to be exempt from paying the charge required pursuant to subparagraph (B). The commission shall adopt a designated level of WAV service that is required to be met in each geographic area via a TNCs online-enabled application or platform in order for the TNC to be exempt from paying the fee required pursuant to subparagraph (B) for the next year in that geographic area. As part of the designated level of WAV service for each geographic area, the commission shall require a TNC, at a minimum, to have response times for 80 percent of WAV trips requested via the TNCs online-enabled application or platform within a time established by the commission for that geographic area. If a TNC meets the WAV service level requirement established pursuant to this subparagraph in a geographic area selected pursuant to subparagraph (D) for a particular year, the TNC is shall be exempt from paying the fee imposed pursuant to subparagraph (B) for the next year for that geographic area only. A TNC may provide a higher level of service than the minimum service level requirement designated by the commission.(H) A TNC may meet the requirements of clause (ii) of subparagraph (B) and subparagraph (G) by facilitating WAV service through its online-enabled application or platform, by directly providing WAV service with vehicles that it owns, or by a contract to provide WAV service with a transportation provider, or by any combination of these methods.(I) Within 30 days after the end of each quarter beginning after July 1, 2020, quarter, a transportation network company that receives an offset pursuant to clause (ii) of subparagraph (B) or an access provider that receives funding pursuant to subparagraph (C) shall submit a report to the commission. The report shall include, but shall not be limited to, all of the following:(i) The number of WAV rides requested.(ii) The number of WAV rides fulfilled.(iii) Data detailing the response time between when a WAV ride was requested and when the vehicle arrived.(iv) Information regarding educational outreach to disability communities, including, but not limited to, information and promotion of availability of WAVs for wheelchair users.(v) A detailed description of expenditures or investments, as applicable.(J) The commission shall establish yearly benchmarks for TNCs and access providers to meet to ensure WAV users receive continuously improved, reliable, and available service. These benchmarks shall include, but are not limited to, response times, percentage of trips fulfilled versus trips requested, and number of users requesting rides versus community WAV demand for each geographic area.(K) The commission shall authorize no more than 2 percent of existing funds collected from TNCs pursuant to Section 421 and deposited into the Public Utilities Commission Transportation Reimbursement Account to be distributed to accessibility advocates who provide a substantial contribution to the proceeding initiated pursuant to this section, and only for the duration of the commission proceeding initiated pursuant to this section. These funds may shall only be distributed to advocates for accessible transportation or representatives of a group whose membership uses accessible transportation. The commission shall distribute funds pursuant to this subparagraph in a manner consistent with the requirements of Sections 1803 to 1808, inclusive. The commission shall not increase the fees authorized pursuant to Section 421 in order to fulfill the requirements of this subparagraph. Nothing in this subparagraph is intended to allow parties to obtain intervenor compensation for other transportation proceedings at the commission.(2) (A) Report to the Legislature by January 1, 2024, on compliance with the this section and on the effectiveness of the on-demand transportation programs or partnerships funded pursuant to this section. The report shall include, but not be limited to, all of the following:(i) A study on the demand for WAVs, including demand according to time of day and geographic area.(ii) An analysis of the reports required to be submitted by access providers receiving funding pursuant to paragraph (1).(iii) The availability of unallocated funds in the Access Fund, including the need to reassess Access Fund allocations.(iv) An analysis of current program capabilities and deficiencies, and recommendations to overcome any identified deficiencies.(B) The report required by this paragraph shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.(3) Create a working group with stakeholders described in subparagraph (A) of paragraph (1) to examine the variety of agencies, localities, and programs that provide transportation services for persons with disabilities, including passenger stage carriers and charter-party carriers within the commissions jurisdiction, in order to evaluate ways to partner with those agencies to provide services to disabled persons in a nonduplicative, nondiscriminatory, and more efficient manner.(b) Notwithstanding Section 13340 of the Government Code, moneys deposited in the TNC Access for All Fund created pursuant to subparagraph (C) of paragraph (1) of subdivision (a) are continuously appropriated to the commission without regard to fiscal years for purposes of the program established pursuant to this section.(c) The commission may hire an independent entity to administer the program established pursuant to subdivision (a) and to complete the report required pursuant to paragraph (2) of subdivision (a).(d) Nothing in this section shall This section does not limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in this section. Nothing in this section shall be construed to This section does not expand or limit any obligations, if any, of a transportation network company under existing state or federal disability access laws.(e) This section shall remain in effect only until January 1,2026, 2032, and as of that date is repealed.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 304 of the Public Utilities Code is amended to read:304. (a) The annual salary of each commissioner is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The commissioners shall be civil executive officers, and their salaries as fixed by law shall be paid in the same manner as are the salaries of other state officers.(b) In order to receive the annual salary provided for in subdivision (a), a commissioner, following their first year as a commissioner, shall attend no less than 25 percent of the hearings that are part of a ratesetting proceeding in the preceding year.
SECTION 1. Section 304 of the Public Utilities Code is amended to read:
### SECTION 1.
304. (a) The annual salary of each commissioner is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The commissioners shall be civil executive officers, and their salaries as fixed by law shall be paid in the same manner as are the salaries of other state officers.(b) In order to receive the annual salary provided for in subdivision (a), a commissioner, following their first year as a commissioner, shall attend no less than 25 percent of the hearings that are part of a ratesetting proceeding in the preceding year.
304. (a) The annual salary of each commissioner is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The commissioners shall be civil executive officers, and their salaries as fixed by law shall be paid in the same manner as are the salaries of other state officers.(b) In order to receive the annual salary provided for in subdivision (a), a commissioner, following their first year as a commissioner, shall attend no less than 25 percent of the hearings that are part of a ratesetting proceeding in the preceding year.
304. (a) The annual salary of each commissioner is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The commissioners shall be civil executive officers, and their salaries as fixed by law shall be paid in the same manner as are the salaries of other state officers.(b) In order to receive the annual salary provided for in subdivision (a), a commissioner, following their first year as a commissioner, shall attend no less than 25 percent of the hearings that are part of a ratesetting proceeding in the preceding year.
304. (a) The annual salary of each commissioner is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The commissioners shall be civil executive officers, and their salaries as fixed by law shall be paid in the same manner as are the salaries of other state officers.
(b) In order to receive the annual salary provided for in subdivision (a), a commissioner, following their first year as a commissioner, shall attend no less than 25 percent of the hearings that are part of a ratesetting proceeding in the preceding year.
SEC. 2. Section 304.5 is added to the Public Utilities Code, to read:304.5. The commission shall adopt rules governing commissioner attendance at hearings.
SEC. 2. Section 304.5 is added to the Public Utilities Code, to read:
### SEC. 2.
304.5. The commission shall adopt rules governing commissioner attendance at hearings.
304.5. The commission shall adopt rules governing commissioner attendance at hearings.
304.5. The commission shall adopt rules governing commissioner attendance at hearings.
304.5. The commission shall adopt rules governing commissioner attendance at hearings.
SEC. 3. Section 304.7 is added to the Public Utilities Code, to read:304.7. (a) On or before January 1, 2027, the Milton Marks Little Hoover Commission on California State Government Organization and Economy shall submit a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving the commissions timelines in resolving proceedings.(b) The report shall include an analysis of all of the following topics:(1) Commissioner attendance at quasi-legislative, adjudication, ratesetting, and catastrophic wildfire proceedings.(2) Commissioner attendance at hearings in proceedings that resulted in a rate increase for ratepayers.(3) Hearings in which the commissioner was the presiding officer.(4) Commissioner attendance at hearings specific to the telecommunications, broadband, transportation, or railroad industry.(c) The report shall evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.(d) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.
SEC. 3. Section 304.7 is added to the Public Utilities Code, to read:
### SEC. 3.
304.7. (a) On or before January 1, 2027, the Milton Marks Little Hoover Commission on California State Government Organization and Economy shall submit a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving the commissions timelines in resolving proceedings.(b) The report shall include an analysis of all of the following topics:(1) Commissioner attendance at quasi-legislative, adjudication, ratesetting, and catastrophic wildfire proceedings.(2) Commissioner attendance at hearings in proceedings that resulted in a rate increase for ratepayers.(3) Hearings in which the commissioner was the presiding officer.(4) Commissioner attendance at hearings specific to the telecommunications, broadband, transportation, or railroad industry.(c) The report shall evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.(d) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.
304.7. (a) On or before January 1, 2027, the Milton Marks Little Hoover Commission on California State Government Organization and Economy shall submit a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving the commissions timelines in resolving proceedings.(b) The report shall include an analysis of all of the following topics:(1) Commissioner attendance at quasi-legislative, adjudication, ratesetting, and catastrophic wildfire proceedings.(2) Commissioner attendance at hearings in proceedings that resulted in a rate increase for ratepayers.(3) Hearings in which the commissioner was the presiding officer.(4) Commissioner attendance at hearings specific to the telecommunications, broadband, transportation, or railroad industry.(c) The report shall evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.(d) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.
304.7. (a) On or before January 1, 2027, the Milton Marks Little Hoover Commission on California State Government Organization and Economy shall submit a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving the commissions timelines in resolving proceedings.(b) The report shall include an analysis of all of the following topics:(1) Commissioner attendance at quasi-legislative, adjudication, ratesetting, and catastrophic wildfire proceedings.(2) Commissioner attendance at hearings in proceedings that resulted in a rate increase for ratepayers.(3) Hearings in which the commissioner was the presiding officer.(4) Commissioner attendance at hearings specific to the telecommunications, broadband, transportation, or railroad industry.(c) The report shall evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.(d) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.
304.7. (a) On or before January 1, 2027, the Milton Marks Little Hoover Commission on California State Government Organization and Economy shall submit a report with recommendations to the Legislature and the Governor for increasing commissioner attendance at commission hearings and improving the commissions timelines in resolving proceedings.
(b) The report shall include an analysis of all of the following topics:
(1) Commissioner attendance at quasi-legislative, adjudication, ratesetting, and catastrophic wildfire proceedings.
(2) Commissioner attendance at hearings in proceedings that resulted in a rate increase for ratepayers.
(3) Hearings in which the commissioner was the presiding officer.
(4) Commissioner attendance at hearings specific to the telecommunications, broadband, transportation, or railroad industry.
(c) The report shall evaluate whether a reorganization of the commissions work and jurisdiction not related to electrical or gas corporations would result in ratepayer cost savings, savings to the General Fund, increased commissioner attendance at hearings, or more timely disposition of proceedings.
(d) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.
SEC. 4. Section 321.6 of the Public Utilities Code is amended to read:321.6. (a) The president of the commission shall annually appear before the appropriate policy committees of the Senate and Assembly to present the annual report of the commission required pursuant to Section 910.(b) At the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission, a commissioner shall appear at a legislative hearing.
SEC. 4. Section 321.6 of the Public Utilities Code is amended to read:
### SEC. 4.
321.6. (a) The president of the commission shall annually appear before the appropriate policy committees of the Senate and Assembly to present the annual report of the commission required pursuant to Section 910.(b) At the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission, a commissioner shall appear at a legislative hearing.
321.6. (a) The president of the commission shall annually appear before the appropriate policy committees of the Senate and Assembly to present the annual report of the commission required pursuant to Section 910.(b) At the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission, a commissioner shall appear at a legislative hearing.
321.6. (a) The president of the commission shall annually appear before the appropriate policy committees of the Senate and Assembly to present the annual report of the commission required pursuant to Section 910.(b) At the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission, a commissioner shall appear at a legislative hearing.
321.6. (a) The president of the commission shall annually appear before the appropriate policy committees of the Senate and Assembly to present the annual report of the commission required pursuant to Section 910.
(b) At the request of the chair of a Senate or Assembly committee with jurisdiction over budget or policy matters concerning the commission, a commissioner shall appear at a legislative hearing.
SEC. 5. Section 2881 of the Public Utilities Code is amended to read:2881. (a) The commission shall design and implement a program to provide a telecommunications device capable of serving the needs of individuals who are deaf or hard of hearing, together with a single party line, at no charge additional to the basic exchange rate, to a subscriber who is certified as an individual who is deaf or hard of hearing by a licensed physician and surgeon, audiologist, or a qualified state or federal agency, as determined by the commission, and to a subscriber that is an organization representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h). A licensed hearing aid dispenser may certify the need of an individual to participate in the program if that individual has been previously fitted with an amplified device by the dispenser and the dispenser has the individuals hearing records on file before certification. In addition, a physician assistant or nurse practitioner may certify the needs of an individual who has been diagnosed by a physician and surgeon as being deaf or hard of hearing to participate in the program after reviewing the medical records or copies of the medical records containing that diagnosis.(b) The commission shall also design and implement a program to provide a dual-party relay system, using third-party intervention to connect individuals who are deaf or hard of hearing and offices of organizations representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h), with persons of normal hearing by way of intercommunications devices for individuals who are deaf or hard of hearing and the telephone system, making available reasonable access of all phases of public telephone service to telephone subscribers who are deaf or hard of hearing. In order to make a dual-party relay system that will meet the requirements of individuals who are deaf or hard of hearing available at a reasonable cost, the commission shall initiate an investigation, conduct public hearings to determine the most cost-effective method of providing dual-party relay service to the deaf or hard of hearing when using a telecommunications device, and solicit the advice, counsel, and physical assistance of statewide nonprofit consumer organizations of the deaf, during the development and implementation of the system. The commission shall apply for certification of this program under rules adopted by the Federal Communications Commission pursuant to Section 401 of the federal Americans with Disabilities Act of 1990 (Public Law 101-336).(c) The commission shall also design and implement a program whereby specialized or supplemental telephone communications equipment may be provided to subscribers who are certified to be disabled at no charge additional to the basic exchange rate. The certification, including a statement of visual or medical need for specialized telecommunications equipment, shall be provided by a licensed optometrist, physician and surgeon, physician assistant, or nurse practitioner, acting within the scope of practice of the applicable license, or by a qualified state or federal agency as determined by the commission. The commission shall, in this connection, study the feasibility of, and implement, if determined to be feasible, personal income criteria, in addition to the certification of disability, for determining a subscribers eligibility under this subdivision.(d) (1) The commission shall also design and implement a program to provide access to a speech-generating device to any subscriber who is certified as having a speech disability at no charge additional to the basic exchange rate. The certification shall be provided by a licensed physician, licensed speech-language pathologist, nurse practitioner, or qualified state or federal agency. The commission shall provide to a certified subscriber access to a speech-generating device that is all of the following:(A) A telecommunications device or a device that includes a telecommunications component.(B) Appropriate to meet the subscribers needs for access to, and use of, the telephone network, based on the recommendation of a licensed speech-language pathologist.(C) Consistent with the quality of speech-generating devices available for purchase in the state.(2) The commission shall adopt rules to implement this subdivision and subdivision (e) by January 1, 2014.(e) All of the following apply to any device or equipment described in this section that is classified as durable medical equipment under guidelines established by the United States Department of Health and Human Services:(1) It is the intent of the Legislature that the commission be the provider of last resort and that eligible subscribers first obtain coverage from any available public or private insurance.(2) The commission may require the subscriber to provide information about coverage for any or all of the cost of the device or equipment that is available from a public or private insurance, the cost to the subscriber of a deductible, copayment, or other relevant expense, and any related benefit cap information.(3) The total cost of a device or equipment provided to a subscriber under this section shall not exceed the rate of reimbursement provided by Medi-Cal for that device or equipment.(f) This section does not require the commission to provide training to a subscriber on the use of a speech-generating device.(g) (1) The commission shall administer a surcharge to collect revenues, subject to an annual appropriation of moneys by the Legislature, to allow providers of the equipment and service specified in subdivisions (a) to (d), inclusive, to recover costs as they are incurred under this section. The surcharge shall be in effect until January 1, 2025. 2031. The commission shall require that the programs implemented under this section be identified on subscribers bills, and shall establish a fund and require separate accounting for each of the programs implemented under this section.(2) The commission may collect a sum not to exceed one hundred million dollars ($100,000,000) per year by imposing the surcharge pursuant to paragraph (1).(h) The commission shall determine and specify those statewide organizations representing the deaf or hard of hearing that shall receive a telecommunications device pursuant to subdivision (a), or a dual-party relay system pursuant to subdivision (b), or both, and in which offices the equipment shall be installed in the case of an organization having more than one office.(i) The commission may direct a telephone corporation subject to its jurisdiction to comply with its determinations and specifications pursuant to this section.(j) The commission shall annually review the surcharge level and the balances in the funds established pursuant to subdivision (g). Until January 1, 2025, 2031, the commission may make, within the limits set by subdivision (g), necessary adjustments to the surcharge to ensure that the programs supported by the surcharge are adequately funded and that the fund balances are not excessive. A fund balance that is projected to exceed six months worth of projected expenses at the end of the fiscal year is excessive.(k) In order to continue to meet the access needs of individuals with functional limitations of hearing, vision, movement, manipulation, speech, and interpretation of information, the commission shall perform an ongoing assessment of, and if appropriate, expand the scope of, the program to allow for additional access capability consistent with evolving telecommunications technology.(l) The commission shall structure the programs required by this section so that a charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers.
SEC. 5. Section 2881 of the Public Utilities Code is amended to read:
### SEC. 5.
2881. (a) The commission shall design and implement a program to provide a telecommunications device capable of serving the needs of individuals who are deaf or hard of hearing, together with a single party line, at no charge additional to the basic exchange rate, to a subscriber who is certified as an individual who is deaf or hard of hearing by a licensed physician and surgeon, audiologist, or a qualified state or federal agency, as determined by the commission, and to a subscriber that is an organization representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h). A licensed hearing aid dispenser may certify the need of an individual to participate in the program if that individual has been previously fitted with an amplified device by the dispenser and the dispenser has the individuals hearing records on file before certification. In addition, a physician assistant or nurse practitioner may certify the needs of an individual who has been diagnosed by a physician and surgeon as being deaf or hard of hearing to participate in the program after reviewing the medical records or copies of the medical records containing that diagnosis.(b) The commission shall also design and implement a program to provide a dual-party relay system, using third-party intervention to connect individuals who are deaf or hard of hearing and offices of organizations representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h), with persons of normal hearing by way of intercommunications devices for individuals who are deaf or hard of hearing and the telephone system, making available reasonable access of all phases of public telephone service to telephone subscribers who are deaf or hard of hearing. In order to make a dual-party relay system that will meet the requirements of individuals who are deaf or hard of hearing available at a reasonable cost, the commission shall initiate an investigation, conduct public hearings to determine the most cost-effective method of providing dual-party relay service to the deaf or hard of hearing when using a telecommunications device, and solicit the advice, counsel, and physical assistance of statewide nonprofit consumer organizations of the deaf, during the development and implementation of the system. The commission shall apply for certification of this program under rules adopted by the Federal Communications Commission pursuant to Section 401 of the federal Americans with Disabilities Act of 1990 (Public Law 101-336).(c) The commission shall also design and implement a program whereby specialized or supplemental telephone communications equipment may be provided to subscribers who are certified to be disabled at no charge additional to the basic exchange rate. The certification, including a statement of visual or medical need for specialized telecommunications equipment, shall be provided by a licensed optometrist, physician and surgeon, physician assistant, or nurse practitioner, acting within the scope of practice of the applicable license, or by a qualified state or federal agency as determined by the commission. The commission shall, in this connection, study the feasibility of, and implement, if determined to be feasible, personal income criteria, in addition to the certification of disability, for determining a subscribers eligibility under this subdivision.(d) (1) The commission shall also design and implement a program to provide access to a speech-generating device to any subscriber who is certified as having a speech disability at no charge additional to the basic exchange rate. The certification shall be provided by a licensed physician, licensed speech-language pathologist, nurse practitioner, or qualified state or federal agency. The commission shall provide to a certified subscriber access to a speech-generating device that is all of the following:(A) A telecommunications device or a device that includes a telecommunications component.(B) Appropriate to meet the subscribers needs for access to, and use of, the telephone network, based on the recommendation of a licensed speech-language pathologist.(C) Consistent with the quality of speech-generating devices available for purchase in the state.(2) The commission shall adopt rules to implement this subdivision and subdivision (e) by January 1, 2014.(e) All of the following apply to any device or equipment described in this section that is classified as durable medical equipment under guidelines established by the United States Department of Health and Human Services:(1) It is the intent of the Legislature that the commission be the provider of last resort and that eligible subscribers first obtain coverage from any available public or private insurance.(2) The commission may require the subscriber to provide information about coverage for any or all of the cost of the device or equipment that is available from a public or private insurance, the cost to the subscriber of a deductible, copayment, or other relevant expense, and any related benefit cap information.(3) The total cost of a device or equipment provided to a subscriber under this section shall not exceed the rate of reimbursement provided by Medi-Cal for that device or equipment.(f) This section does not require the commission to provide training to a subscriber on the use of a speech-generating device.(g) (1) The commission shall administer a surcharge to collect revenues, subject to an annual appropriation of moneys by the Legislature, to allow providers of the equipment and service specified in subdivisions (a) to (d), inclusive, to recover costs as they are incurred under this section. The surcharge shall be in effect until January 1, 2025. 2031. The commission shall require that the programs implemented under this section be identified on subscribers bills, and shall establish a fund and require separate accounting for each of the programs implemented under this section.(2) The commission may collect a sum not to exceed one hundred million dollars ($100,000,000) per year by imposing the surcharge pursuant to paragraph (1).(h) The commission shall determine and specify those statewide organizations representing the deaf or hard of hearing that shall receive a telecommunications device pursuant to subdivision (a), or a dual-party relay system pursuant to subdivision (b), or both, and in which offices the equipment shall be installed in the case of an organization having more than one office.(i) The commission may direct a telephone corporation subject to its jurisdiction to comply with its determinations and specifications pursuant to this section.(j) The commission shall annually review the surcharge level and the balances in the funds established pursuant to subdivision (g). Until January 1, 2025, 2031, the commission may make, within the limits set by subdivision (g), necessary adjustments to the surcharge to ensure that the programs supported by the surcharge are adequately funded and that the fund balances are not excessive. A fund balance that is projected to exceed six months worth of projected expenses at the end of the fiscal year is excessive.(k) In order to continue to meet the access needs of individuals with functional limitations of hearing, vision, movement, manipulation, speech, and interpretation of information, the commission shall perform an ongoing assessment of, and if appropriate, expand the scope of, the program to allow for additional access capability consistent with evolving telecommunications technology.(l) The commission shall structure the programs required by this section so that a charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers.
2881. (a) The commission shall design and implement a program to provide a telecommunications device capable of serving the needs of individuals who are deaf or hard of hearing, together with a single party line, at no charge additional to the basic exchange rate, to a subscriber who is certified as an individual who is deaf or hard of hearing by a licensed physician and surgeon, audiologist, or a qualified state or federal agency, as determined by the commission, and to a subscriber that is an organization representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h). A licensed hearing aid dispenser may certify the need of an individual to participate in the program if that individual has been previously fitted with an amplified device by the dispenser and the dispenser has the individuals hearing records on file before certification. In addition, a physician assistant or nurse practitioner may certify the needs of an individual who has been diagnosed by a physician and surgeon as being deaf or hard of hearing to participate in the program after reviewing the medical records or copies of the medical records containing that diagnosis.(b) The commission shall also design and implement a program to provide a dual-party relay system, using third-party intervention to connect individuals who are deaf or hard of hearing and offices of organizations representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h), with persons of normal hearing by way of intercommunications devices for individuals who are deaf or hard of hearing and the telephone system, making available reasonable access of all phases of public telephone service to telephone subscribers who are deaf or hard of hearing. In order to make a dual-party relay system that will meet the requirements of individuals who are deaf or hard of hearing available at a reasonable cost, the commission shall initiate an investigation, conduct public hearings to determine the most cost-effective method of providing dual-party relay service to the deaf or hard of hearing when using a telecommunications device, and solicit the advice, counsel, and physical assistance of statewide nonprofit consumer organizations of the deaf, during the development and implementation of the system. The commission shall apply for certification of this program under rules adopted by the Federal Communications Commission pursuant to Section 401 of the federal Americans with Disabilities Act of 1990 (Public Law 101-336).(c) The commission shall also design and implement a program whereby specialized or supplemental telephone communications equipment may be provided to subscribers who are certified to be disabled at no charge additional to the basic exchange rate. The certification, including a statement of visual or medical need for specialized telecommunications equipment, shall be provided by a licensed optometrist, physician and surgeon, physician assistant, or nurse practitioner, acting within the scope of practice of the applicable license, or by a qualified state or federal agency as determined by the commission. The commission shall, in this connection, study the feasibility of, and implement, if determined to be feasible, personal income criteria, in addition to the certification of disability, for determining a subscribers eligibility under this subdivision.(d) (1) The commission shall also design and implement a program to provide access to a speech-generating device to any subscriber who is certified as having a speech disability at no charge additional to the basic exchange rate. The certification shall be provided by a licensed physician, licensed speech-language pathologist, nurse practitioner, or qualified state or federal agency. The commission shall provide to a certified subscriber access to a speech-generating device that is all of the following:(A) A telecommunications device or a device that includes a telecommunications component.(B) Appropriate to meet the subscribers needs for access to, and use of, the telephone network, based on the recommendation of a licensed speech-language pathologist.(C) Consistent with the quality of speech-generating devices available for purchase in the state.(2) The commission shall adopt rules to implement this subdivision and subdivision (e) by January 1, 2014.(e) All of the following apply to any device or equipment described in this section that is classified as durable medical equipment under guidelines established by the United States Department of Health and Human Services:(1) It is the intent of the Legislature that the commission be the provider of last resort and that eligible subscribers first obtain coverage from any available public or private insurance.(2) The commission may require the subscriber to provide information about coverage for any or all of the cost of the device or equipment that is available from a public or private insurance, the cost to the subscriber of a deductible, copayment, or other relevant expense, and any related benefit cap information.(3) The total cost of a device or equipment provided to a subscriber under this section shall not exceed the rate of reimbursement provided by Medi-Cal for that device or equipment.(f) This section does not require the commission to provide training to a subscriber on the use of a speech-generating device.(g) (1) The commission shall administer a surcharge to collect revenues, subject to an annual appropriation of moneys by the Legislature, to allow providers of the equipment and service specified in subdivisions (a) to (d), inclusive, to recover costs as they are incurred under this section. The surcharge shall be in effect until January 1, 2025. 2031. The commission shall require that the programs implemented under this section be identified on subscribers bills, and shall establish a fund and require separate accounting for each of the programs implemented under this section.(2) The commission may collect a sum not to exceed one hundred million dollars ($100,000,000) per year by imposing the surcharge pursuant to paragraph (1).(h) The commission shall determine and specify those statewide organizations representing the deaf or hard of hearing that shall receive a telecommunications device pursuant to subdivision (a), or a dual-party relay system pursuant to subdivision (b), or both, and in which offices the equipment shall be installed in the case of an organization having more than one office.(i) The commission may direct a telephone corporation subject to its jurisdiction to comply with its determinations and specifications pursuant to this section.(j) The commission shall annually review the surcharge level and the balances in the funds established pursuant to subdivision (g). Until January 1, 2025, 2031, the commission may make, within the limits set by subdivision (g), necessary adjustments to the surcharge to ensure that the programs supported by the surcharge are adequately funded and that the fund balances are not excessive. A fund balance that is projected to exceed six months worth of projected expenses at the end of the fiscal year is excessive.(k) In order to continue to meet the access needs of individuals with functional limitations of hearing, vision, movement, manipulation, speech, and interpretation of information, the commission shall perform an ongoing assessment of, and if appropriate, expand the scope of, the program to allow for additional access capability consistent with evolving telecommunications technology.(l) The commission shall structure the programs required by this section so that a charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers.
2881. (a) The commission shall design and implement a program to provide a telecommunications device capable of serving the needs of individuals who are deaf or hard of hearing, together with a single party line, at no charge additional to the basic exchange rate, to a subscriber who is certified as an individual who is deaf or hard of hearing by a licensed physician and surgeon, audiologist, or a qualified state or federal agency, as determined by the commission, and to a subscriber that is an organization representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h). A licensed hearing aid dispenser may certify the need of an individual to participate in the program if that individual has been previously fitted with an amplified device by the dispenser and the dispenser has the individuals hearing records on file before certification. In addition, a physician assistant or nurse practitioner may certify the needs of an individual who has been diagnosed by a physician and surgeon as being deaf or hard of hearing to participate in the program after reviewing the medical records or copies of the medical records containing that diagnosis.(b) The commission shall also design and implement a program to provide a dual-party relay system, using third-party intervention to connect individuals who are deaf or hard of hearing and offices of organizations representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h), with persons of normal hearing by way of intercommunications devices for individuals who are deaf or hard of hearing and the telephone system, making available reasonable access of all phases of public telephone service to telephone subscribers who are deaf or hard of hearing. In order to make a dual-party relay system that will meet the requirements of individuals who are deaf or hard of hearing available at a reasonable cost, the commission shall initiate an investigation, conduct public hearings to determine the most cost-effective method of providing dual-party relay service to the deaf or hard of hearing when using a telecommunications device, and solicit the advice, counsel, and physical assistance of statewide nonprofit consumer organizations of the deaf, during the development and implementation of the system. The commission shall apply for certification of this program under rules adopted by the Federal Communications Commission pursuant to Section 401 of the federal Americans with Disabilities Act of 1990 (Public Law 101-336).(c) The commission shall also design and implement a program whereby specialized or supplemental telephone communications equipment may be provided to subscribers who are certified to be disabled at no charge additional to the basic exchange rate. The certification, including a statement of visual or medical need for specialized telecommunications equipment, shall be provided by a licensed optometrist, physician and surgeon, physician assistant, or nurse practitioner, acting within the scope of practice of the applicable license, or by a qualified state or federal agency as determined by the commission. The commission shall, in this connection, study the feasibility of, and implement, if determined to be feasible, personal income criteria, in addition to the certification of disability, for determining a subscribers eligibility under this subdivision.(d) (1) The commission shall also design and implement a program to provide access to a speech-generating device to any subscriber who is certified as having a speech disability at no charge additional to the basic exchange rate. The certification shall be provided by a licensed physician, licensed speech-language pathologist, nurse practitioner, or qualified state or federal agency. The commission shall provide to a certified subscriber access to a speech-generating device that is all of the following:(A) A telecommunications device or a device that includes a telecommunications component.(B) Appropriate to meet the subscribers needs for access to, and use of, the telephone network, based on the recommendation of a licensed speech-language pathologist.(C) Consistent with the quality of speech-generating devices available for purchase in the state.(2) The commission shall adopt rules to implement this subdivision and subdivision (e) by January 1, 2014.(e) All of the following apply to any device or equipment described in this section that is classified as durable medical equipment under guidelines established by the United States Department of Health and Human Services:(1) It is the intent of the Legislature that the commission be the provider of last resort and that eligible subscribers first obtain coverage from any available public or private insurance.(2) The commission may require the subscriber to provide information about coverage for any or all of the cost of the device or equipment that is available from a public or private insurance, the cost to the subscriber of a deductible, copayment, or other relevant expense, and any related benefit cap information.(3) The total cost of a device or equipment provided to a subscriber under this section shall not exceed the rate of reimbursement provided by Medi-Cal for that device or equipment.(f) This section does not require the commission to provide training to a subscriber on the use of a speech-generating device.(g) (1) The commission shall administer a surcharge to collect revenues, subject to an annual appropriation of moneys by the Legislature, to allow providers of the equipment and service specified in subdivisions (a) to (d), inclusive, to recover costs as they are incurred under this section. The surcharge shall be in effect until January 1, 2025. 2031. The commission shall require that the programs implemented under this section be identified on subscribers bills, and shall establish a fund and require separate accounting for each of the programs implemented under this section.(2) The commission may collect a sum not to exceed one hundred million dollars ($100,000,000) per year by imposing the surcharge pursuant to paragraph (1).(h) The commission shall determine and specify those statewide organizations representing the deaf or hard of hearing that shall receive a telecommunications device pursuant to subdivision (a), or a dual-party relay system pursuant to subdivision (b), or both, and in which offices the equipment shall be installed in the case of an organization having more than one office.(i) The commission may direct a telephone corporation subject to its jurisdiction to comply with its determinations and specifications pursuant to this section.(j) The commission shall annually review the surcharge level and the balances in the funds established pursuant to subdivision (g). Until January 1, 2025, 2031, the commission may make, within the limits set by subdivision (g), necessary adjustments to the surcharge to ensure that the programs supported by the surcharge are adequately funded and that the fund balances are not excessive. A fund balance that is projected to exceed six months worth of projected expenses at the end of the fiscal year is excessive.(k) In order to continue to meet the access needs of individuals with functional limitations of hearing, vision, movement, manipulation, speech, and interpretation of information, the commission shall perform an ongoing assessment of, and if appropriate, expand the scope of, the program to allow for additional access capability consistent with evolving telecommunications technology.(l) The commission shall structure the programs required by this section so that a charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers.
2881. (a) The commission shall design and implement a program to provide a telecommunications device capable of serving the needs of individuals who are deaf or hard of hearing, together with a single party line, at no charge additional to the basic exchange rate, to a subscriber who is certified as an individual who is deaf or hard of hearing by a licensed physician and surgeon, audiologist, or a qualified state or federal agency, as determined by the commission, and to a subscriber that is an organization representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h). A licensed hearing aid dispenser may certify the need of an individual to participate in the program if that individual has been previously fitted with an amplified device by the dispenser and the dispenser has the individuals hearing records on file before certification. In addition, a physician assistant or nurse practitioner may certify the needs of an individual who has been diagnosed by a physician and surgeon as being deaf or hard of hearing to participate in the program after reviewing the medical records or copies of the medical records containing that diagnosis.
(b) The commission shall also design and implement a program to provide a dual-party relay system, using third-party intervention to connect individuals who are deaf or hard of hearing and offices of organizations representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h), with persons of normal hearing by way of intercommunications devices for individuals who are deaf or hard of hearing and the telephone system, making available reasonable access of all phases of public telephone service to telephone subscribers who are deaf or hard of hearing. In order to make a dual-party relay system that will meet the requirements of individuals who are deaf or hard of hearing available at a reasonable cost, the commission shall initiate an investigation, conduct public hearings to determine the most cost-effective method of providing dual-party relay service to the deaf or hard of hearing when using a telecommunications device, and solicit the advice, counsel, and physical assistance of statewide nonprofit consumer organizations of the deaf, during the development and implementation of the system. The commission shall apply for certification of this program under rules adopted by the Federal Communications Commission pursuant to Section 401 of the federal Americans with Disabilities Act of 1990 (Public Law 101-336).
(c) The commission shall also design and implement a program whereby specialized or supplemental telephone communications equipment may be provided to subscribers who are certified to be disabled at no charge additional to the basic exchange rate. The certification, including a statement of visual or medical need for specialized telecommunications equipment, shall be provided by a licensed optometrist, physician and surgeon, physician assistant, or nurse practitioner, acting within the scope of practice of the applicable license, or by a qualified state or federal agency as determined by the commission. The commission shall, in this connection, study the feasibility of, and implement, if determined to be feasible, personal income criteria, in addition to the certification of disability, for determining a subscribers eligibility under this subdivision.
(d) (1) The commission shall also design and implement a program to provide access to a speech-generating device to any subscriber who is certified as having a speech disability at no charge additional to the basic exchange rate. The certification shall be provided by a licensed physician, licensed speech-language pathologist, nurse practitioner, or qualified state or federal agency. The commission shall provide to a certified subscriber access to a speech-generating device that is all of the following:
(A) A telecommunications device or a device that includes a telecommunications component.
(B) Appropriate to meet the subscribers needs for access to, and use of, the telephone network, based on the recommendation of a licensed speech-language pathologist.
(C) Consistent with the quality of speech-generating devices available for purchase in the state.
(2) The commission shall adopt rules to implement this subdivision and subdivision (e) by January 1, 2014.
(e) All of the following apply to any device or equipment described in this section that is classified as durable medical equipment under guidelines established by the United States Department of Health and Human Services:
(1) It is the intent of the Legislature that the commission be the provider of last resort and that eligible subscribers first obtain coverage from any available public or private insurance.
(2) The commission may require the subscriber to provide information about coverage for any or all of the cost of the device or equipment that is available from a public or private insurance, the cost to the subscriber of a deductible, copayment, or other relevant expense, and any related benefit cap information.
(3) The total cost of a device or equipment provided to a subscriber under this section shall not exceed the rate of reimbursement provided by Medi-Cal for that device or equipment.
(f) This section does not require the commission to provide training to a subscriber on the use of a speech-generating device.
(g) (1) The commission shall administer a surcharge to collect revenues, subject to an annual appropriation of moneys by the Legislature, to allow providers of the equipment and service specified in subdivisions (a) to (d), inclusive, to recover costs as they are incurred under this section. The surcharge shall be in effect until January 1, 2025. 2031. The commission shall require that the programs implemented under this section be identified on subscribers bills, and shall establish a fund and require separate accounting for each of the programs implemented under this section.
(2) The commission may collect a sum not to exceed one hundred million dollars ($100,000,000) per year by imposing the surcharge pursuant to paragraph (1).
(h) The commission shall determine and specify those statewide organizations representing the deaf or hard of hearing that shall receive a telecommunications device pursuant to subdivision (a), or a dual-party relay system pursuant to subdivision (b), or both, and in which offices the equipment shall be installed in the case of an organization having more than one office.
(i) The commission may direct a telephone corporation subject to its jurisdiction to comply with its determinations and specifications pursuant to this section.
(j) The commission shall annually review the surcharge level and the balances in the funds established pursuant to subdivision (g). Until January 1, 2025, 2031, the commission may make, within the limits set by subdivision (g), necessary adjustments to the surcharge to ensure that the programs supported by the surcharge are adequately funded and that the fund balances are not excessive. A fund balance that is projected to exceed six months worth of projected expenses at the end of the fiscal year is excessive.
(k) In order to continue to meet the access needs of individuals with functional limitations of hearing, vision, movement, manipulation, speech, and interpretation of information, the commission shall perform an ongoing assessment of, and if appropriate, expand the scope of, the program to allow for additional access capability consistent with evolving telecommunications technology.
(l) The commission shall structure the programs required by this section so that a charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers.
SEC. 6. Section 5440.5 of the Public Utilities Code is amended to read:5440.5. (a) As part of the regulation of transportation network companies (TNCs) referenced in subdivision (a) of Section 5440, the commission shall do all of the following:(1) In a new or existing proceeding, establish a program relating to accessibility for persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV). This program shall include, but is not limited to, all of the following:(A) By January 1, 2019, the commission shall begin conducting workshops with stakeholders, including California cities and counties, disability rights organizations, persons with disabilities, transportation and transit agencies, social service transportation providers, paratransit coordinating councils, and transportation network companies, in order to determine community WAV demand and WAV supply and to develop and provide recommendations regarding the establishment of geographic areas, criteria for Access Fund expenditures, and educational outreach objectives for programs for on-demand services and partnerships consistent with the requirements of this section. Workshops The workshops may also examine topics including, but not limited to, vehicle specifications, subsidies for wheelchair pickups, maintenance and fuel costs, designated pickup locations for drivers in locations where door-to-door service is not feasible, standards for trip requests, response times, and rider initiated cancellation, limiting of stranded users, integration of service into city and county transportation plans, or any necessary training or additional incentives for WAV drivers that results in a measurable impact on service availability, efficiency, and efficacy. The commission shall conduct a minimum of five workshops throughout the state.(B) (i) The commission shall require each TNC TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at minimum, 0.05 dollars ($0.05) for each TNC trip completed using the transportation network companys online-enabled application or platform that originates in one of the geographic areas selected pursuant to subparagraph (D), except if the TNC meets the requirements of an exemption established by the commission pursuant to subparagraph (G). The commission may adjust the fee in each geographic area selected pursuant to subparagraph (D) to different levels based on the cost of providing adequate WAV service within the geographic area.(ii) Each TNC shall charge its customers on each TNC trip completed the full amount of the per-trip fee established pursuant to this subparagraph, and remit the total amount of those fees charged to the commission each quarter. The commission shall authorize a TNC to offset against the amounts due pursuant to this subparagraph for a particular quarter the amounts spent by the TNC during that quarter to improve WAV service on its online-enabled application or platform for each geographic area and thereby reduce the amount required to be remitted to the commission. In order to offset amounts due pursuant to this subparagraph in a geographic area, the commission shall require a TNC, at a minimum, to demonstrate, in the geographic area, the presence and availability of drivers with WAVs on its online-enabled application or platform, improved level of service, including reasonable response times, due to those investments for WAV service compared to the previous quarter, efforts undertaken to publicize and promote available WAV services to disability communities, and a full accounting of funds expended.(C) The commission shall create the TNC Access for All Fund (Access Fund) and deposit moneys collected pursuant to subparagraph (B) in the Access Fund. The commission shall distribute funds in the Access Fund on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities, including wheelchair users who need a WAV, in the geographic areas selected pursuant to subparagraph (D).(D) The commission shall select geographic areas, which shall be based on the demand for WAVs within the area and selected according to outcomes of workshops in subparagraph (A), for inclusion in the on-demand transportation programs or partnerships funded pursuant to subparagraph (C). The commission shall allocate moneys in the Access Fund for use in each geographic area in a manner that is proportional to the percent of the Access Fund fees originating in that geographic area.(E) The commission shall request access providers to submit applications to receive funds pursuant to subparagraph (C) by April 1, 2020. The commission may accept applications for new on-demand transportation programs or partnerships any time after April 1, 2020. From the applications that are submitted, the commission shall select by July 1, 2020, on-demand transportation programs or partnerships to receive funding based on criteria adopted by the commission in consultation with stakeholders described in subparagraph (A). As part of the criteria, the commission shall require an access provider to demonstrate in its application, at a minimum, how the program or partnership improves response times for WAV service compared to the previous year, the presence and availability of WAVs within the geographic area, and efforts undertaken to publicize and promote available WAV services to disability communities.(F) The commission shall distribute funds pursuant to subparagraph (E) in the Access Fund within 90 days following the end of each year. If no access provider meets the requirements, funds shall remain in the Access Fund and be distributed the next year.(G) The commission shall require each transportation network company to be accessible to persons with disabilities in order to be exempt from paying the charge required pursuant to subparagraph (B). The commission shall adopt a designated level of WAV service that is required to be met in each geographic area via a TNCs online-enabled application or platform in order for the TNC to be exempt from paying the fee required pursuant to subparagraph (B) for the next year in that geographic area. As part of the designated level of WAV service for each geographic area, the commission shall require a TNC, at a minimum, to have response times for 80 percent of WAV trips requested via the TNCs online-enabled application or platform within a time established by the commission for that geographic area. If a TNC meets the WAV service level requirement established pursuant to this subparagraph in a geographic area selected pursuant to subparagraph (D) for a particular year, the TNC is shall be exempt from paying the fee imposed pursuant to subparagraph (B) for the next year for that geographic area only. A TNC may provide a higher level of service than the minimum service level requirement designated by the commission.(H) A TNC may meet the requirements of clause (ii) of subparagraph (B) and subparagraph (G) by facilitating WAV service through its online-enabled application or platform, by directly providing WAV service with vehicles that it owns, or by a contract to provide WAV service with a transportation provider, or by any combination of these methods.(I) Within 30 days after the end of each quarter beginning after July 1, 2020, quarter, a transportation network company that receives an offset pursuant to clause (ii) of subparagraph (B) or an access provider that receives funding pursuant to subparagraph (C) shall submit a report to the commission. The report shall include, but shall not be limited to, all of the following:(i) The number of WAV rides requested.(ii) The number of WAV rides fulfilled.(iii) Data detailing the response time between when a WAV ride was requested and when the vehicle arrived.(iv) Information regarding educational outreach to disability communities, including, but not limited to, information and promotion of availability of WAVs for wheelchair users.(v) A detailed description of expenditures or investments, as applicable.(J) The commission shall establish yearly benchmarks for TNCs and access providers to meet to ensure WAV users receive continuously improved, reliable, and available service. These benchmarks shall include, but are not limited to, response times, percentage of trips fulfilled versus trips requested, and number of users requesting rides versus community WAV demand for each geographic area.(K) The commission shall authorize no more than 2 percent of existing funds collected from TNCs pursuant to Section 421 and deposited into the Public Utilities Commission Transportation Reimbursement Account to be distributed to accessibility advocates who provide a substantial contribution to the proceeding initiated pursuant to this section, and only for the duration of the commission proceeding initiated pursuant to this section. These funds may shall only be distributed to advocates for accessible transportation or representatives of a group whose membership uses accessible transportation. The commission shall distribute funds pursuant to this subparagraph in a manner consistent with the requirements of Sections 1803 to 1808, inclusive. The commission shall not increase the fees authorized pursuant to Section 421 in order to fulfill the requirements of this subparagraph. Nothing in this subparagraph is intended to allow parties to obtain intervenor compensation for other transportation proceedings at the commission.(2) (A) Report to the Legislature by January 1, 2024, on compliance with the this section and on the effectiveness of the on-demand transportation programs or partnerships funded pursuant to this section. The report shall include, but not be limited to, all of the following:(i) A study on the demand for WAVs, including demand according to time of day and geographic area.(ii) An analysis of the reports required to be submitted by access providers receiving funding pursuant to paragraph (1).(iii) The availability of unallocated funds in the Access Fund, including the need to reassess Access Fund allocations.(iv) An analysis of current program capabilities and deficiencies, and recommendations to overcome any identified deficiencies.(B) The report required by this paragraph shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.(3) Create a working group with stakeholders described in subparagraph (A) of paragraph (1) to examine the variety of agencies, localities, and programs that provide transportation services for persons with disabilities, including passenger stage carriers and charter-party carriers within the commissions jurisdiction, in order to evaluate ways to partner with those agencies to provide services to disabled persons in a nonduplicative, nondiscriminatory, and more efficient manner.(b) Notwithstanding Section 13340 of the Government Code, moneys deposited in the TNC Access for All Fund created pursuant to subparagraph (C) of paragraph (1) of subdivision (a) are continuously appropriated to the commission without regard to fiscal years for purposes of the program established pursuant to this section.(c) The commission may hire an independent entity to administer the program established pursuant to subdivision (a) and to complete the report required pursuant to paragraph (2) of subdivision (a).(d) Nothing in this section shall This section does not limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in this section. Nothing in this section shall be construed to This section does not expand or limit any obligations, if any, of a transportation network company under existing state or federal disability access laws.(e) This section shall remain in effect only until January 1,2026, 2032, and as of that date is repealed.
SEC. 6. Section 5440.5 of the Public Utilities Code is amended to read:
### SEC. 6.
5440.5. (a) As part of the regulation of transportation network companies (TNCs) referenced in subdivision (a) of Section 5440, the commission shall do all of the following:(1) In a new or existing proceeding, establish a program relating to accessibility for persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV). This program shall include, but is not limited to, all of the following:(A) By January 1, 2019, the commission shall begin conducting workshops with stakeholders, including California cities and counties, disability rights organizations, persons with disabilities, transportation and transit agencies, social service transportation providers, paratransit coordinating councils, and transportation network companies, in order to determine community WAV demand and WAV supply and to develop and provide recommendations regarding the establishment of geographic areas, criteria for Access Fund expenditures, and educational outreach objectives for programs for on-demand services and partnerships consistent with the requirements of this section. Workshops The workshops may also examine topics including, but not limited to, vehicle specifications, subsidies for wheelchair pickups, maintenance and fuel costs, designated pickup locations for drivers in locations where door-to-door service is not feasible, standards for trip requests, response times, and rider initiated cancellation, limiting of stranded users, integration of service into city and county transportation plans, or any necessary training or additional incentives for WAV drivers that results in a measurable impact on service availability, efficiency, and efficacy. The commission shall conduct a minimum of five workshops throughout the state.(B) (i) The commission shall require each TNC TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at minimum, 0.05 dollars ($0.05) for each TNC trip completed using the transportation network companys online-enabled application or platform that originates in one of the geographic areas selected pursuant to subparagraph (D), except if the TNC meets the requirements of an exemption established by the commission pursuant to subparagraph (G). The commission may adjust the fee in each geographic area selected pursuant to subparagraph (D) to different levels based on the cost of providing adequate WAV service within the geographic area.(ii) Each TNC shall charge its customers on each TNC trip completed the full amount of the per-trip fee established pursuant to this subparagraph, and remit the total amount of those fees charged to the commission each quarter. The commission shall authorize a TNC to offset against the amounts due pursuant to this subparagraph for a particular quarter the amounts spent by the TNC during that quarter to improve WAV service on its online-enabled application or platform for each geographic area and thereby reduce the amount required to be remitted to the commission. In order to offset amounts due pursuant to this subparagraph in a geographic area, the commission shall require a TNC, at a minimum, to demonstrate, in the geographic area, the presence and availability of drivers with WAVs on its online-enabled application or platform, improved level of service, including reasonable response times, due to those investments for WAV service compared to the previous quarter, efforts undertaken to publicize and promote available WAV services to disability communities, and a full accounting of funds expended.(C) The commission shall create the TNC Access for All Fund (Access Fund) and deposit moneys collected pursuant to subparagraph (B) in the Access Fund. The commission shall distribute funds in the Access Fund on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities, including wheelchair users who need a WAV, in the geographic areas selected pursuant to subparagraph (D).(D) The commission shall select geographic areas, which shall be based on the demand for WAVs within the area and selected according to outcomes of workshops in subparagraph (A), for inclusion in the on-demand transportation programs or partnerships funded pursuant to subparagraph (C). The commission shall allocate moneys in the Access Fund for use in each geographic area in a manner that is proportional to the percent of the Access Fund fees originating in that geographic area.(E) The commission shall request access providers to submit applications to receive funds pursuant to subparagraph (C) by April 1, 2020. The commission may accept applications for new on-demand transportation programs or partnerships any time after April 1, 2020. From the applications that are submitted, the commission shall select by July 1, 2020, on-demand transportation programs or partnerships to receive funding based on criteria adopted by the commission in consultation with stakeholders described in subparagraph (A). As part of the criteria, the commission shall require an access provider to demonstrate in its application, at a minimum, how the program or partnership improves response times for WAV service compared to the previous year, the presence and availability of WAVs within the geographic area, and efforts undertaken to publicize and promote available WAV services to disability communities.(F) The commission shall distribute funds pursuant to subparagraph (E) in the Access Fund within 90 days following the end of each year. If no access provider meets the requirements, funds shall remain in the Access Fund and be distributed the next year.(G) The commission shall require each transportation network company to be accessible to persons with disabilities in order to be exempt from paying the charge required pursuant to subparagraph (B). The commission shall adopt a designated level of WAV service that is required to be met in each geographic area via a TNCs online-enabled application or platform in order for the TNC to be exempt from paying the fee required pursuant to subparagraph (B) for the next year in that geographic area. As part of the designated level of WAV service for each geographic area, the commission shall require a TNC, at a minimum, to have response times for 80 percent of WAV trips requested via the TNCs online-enabled application or platform within a time established by the commission for that geographic area. If a TNC meets the WAV service level requirement established pursuant to this subparagraph in a geographic area selected pursuant to subparagraph (D) for a particular year, the TNC is shall be exempt from paying the fee imposed pursuant to subparagraph (B) for the next year for that geographic area only. A TNC may provide a higher level of service than the minimum service level requirement designated by the commission.(H) A TNC may meet the requirements of clause (ii) of subparagraph (B) and subparagraph (G) by facilitating WAV service through its online-enabled application or platform, by directly providing WAV service with vehicles that it owns, or by a contract to provide WAV service with a transportation provider, or by any combination of these methods.(I) Within 30 days after the end of each quarter beginning after July 1, 2020, quarter, a transportation network company that receives an offset pursuant to clause (ii) of subparagraph (B) or an access provider that receives funding pursuant to subparagraph (C) shall submit a report to the commission. The report shall include, but shall not be limited to, all of the following:(i) The number of WAV rides requested.(ii) The number of WAV rides fulfilled.(iii) Data detailing the response time between when a WAV ride was requested and when the vehicle arrived.(iv) Information regarding educational outreach to disability communities, including, but not limited to, information and promotion of availability of WAVs for wheelchair users.(v) A detailed description of expenditures or investments, as applicable.(J) The commission shall establish yearly benchmarks for TNCs and access providers to meet to ensure WAV users receive continuously improved, reliable, and available service. These benchmarks shall include, but are not limited to, response times, percentage of trips fulfilled versus trips requested, and number of users requesting rides versus community WAV demand for each geographic area.(K) The commission shall authorize no more than 2 percent of existing funds collected from TNCs pursuant to Section 421 and deposited into the Public Utilities Commission Transportation Reimbursement Account to be distributed to accessibility advocates who provide a substantial contribution to the proceeding initiated pursuant to this section, and only for the duration of the commission proceeding initiated pursuant to this section. These funds may shall only be distributed to advocates for accessible transportation or representatives of a group whose membership uses accessible transportation. The commission shall distribute funds pursuant to this subparagraph in a manner consistent with the requirements of Sections 1803 to 1808, inclusive. The commission shall not increase the fees authorized pursuant to Section 421 in order to fulfill the requirements of this subparagraph. Nothing in this subparagraph is intended to allow parties to obtain intervenor compensation for other transportation proceedings at the commission.(2) (A) Report to the Legislature by January 1, 2024, on compliance with the this section and on the effectiveness of the on-demand transportation programs or partnerships funded pursuant to this section. The report shall include, but not be limited to, all of the following:(i) A study on the demand for WAVs, including demand according to time of day and geographic area.(ii) An analysis of the reports required to be submitted by access providers receiving funding pursuant to paragraph (1).(iii) The availability of unallocated funds in the Access Fund, including the need to reassess Access Fund allocations.(iv) An analysis of current program capabilities and deficiencies, and recommendations to overcome any identified deficiencies.(B) The report required by this paragraph shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.(3) Create a working group with stakeholders described in subparagraph (A) of paragraph (1) to examine the variety of agencies, localities, and programs that provide transportation services for persons with disabilities, including passenger stage carriers and charter-party carriers within the commissions jurisdiction, in order to evaluate ways to partner with those agencies to provide services to disabled persons in a nonduplicative, nondiscriminatory, and more efficient manner.(b) Notwithstanding Section 13340 of the Government Code, moneys deposited in the TNC Access for All Fund created pursuant to subparagraph (C) of paragraph (1) of subdivision (a) are continuously appropriated to the commission without regard to fiscal years for purposes of the program established pursuant to this section.(c) The commission may hire an independent entity to administer the program established pursuant to subdivision (a) and to complete the report required pursuant to paragraph (2) of subdivision (a).(d) Nothing in this section shall This section does not limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in this section. Nothing in this section shall be construed to This section does not expand or limit any obligations, if any, of a transportation network company under existing state or federal disability access laws.(e) This section shall remain in effect only until January 1,2026, 2032, and as of that date is repealed.
5440.5. (a) As part of the regulation of transportation network companies (TNCs) referenced in subdivision (a) of Section 5440, the commission shall do all of the following:(1) In a new or existing proceeding, establish a program relating to accessibility for persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV). This program shall include, but is not limited to, all of the following:(A) By January 1, 2019, the commission shall begin conducting workshops with stakeholders, including California cities and counties, disability rights organizations, persons with disabilities, transportation and transit agencies, social service transportation providers, paratransit coordinating councils, and transportation network companies, in order to determine community WAV demand and WAV supply and to develop and provide recommendations regarding the establishment of geographic areas, criteria for Access Fund expenditures, and educational outreach objectives for programs for on-demand services and partnerships consistent with the requirements of this section. Workshops The workshops may also examine topics including, but not limited to, vehicle specifications, subsidies for wheelchair pickups, maintenance and fuel costs, designated pickup locations for drivers in locations where door-to-door service is not feasible, standards for trip requests, response times, and rider initiated cancellation, limiting of stranded users, integration of service into city and county transportation plans, or any necessary training or additional incentives for WAV drivers that results in a measurable impact on service availability, efficiency, and efficacy. The commission shall conduct a minimum of five workshops throughout the state.(B) (i) The commission shall require each TNC TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at minimum, 0.05 dollars ($0.05) for each TNC trip completed using the transportation network companys online-enabled application or platform that originates in one of the geographic areas selected pursuant to subparagraph (D), except if the TNC meets the requirements of an exemption established by the commission pursuant to subparagraph (G). The commission may adjust the fee in each geographic area selected pursuant to subparagraph (D) to different levels based on the cost of providing adequate WAV service within the geographic area.(ii) Each TNC shall charge its customers on each TNC trip completed the full amount of the per-trip fee established pursuant to this subparagraph, and remit the total amount of those fees charged to the commission each quarter. The commission shall authorize a TNC to offset against the amounts due pursuant to this subparagraph for a particular quarter the amounts spent by the TNC during that quarter to improve WAV service on its online-enabled application or platform for each geographic area and thereby reduce the amount required to be remitted to the commission. In order to offset amounts due pursuant to this subparagraph in a geographic area, the commission shall require a TNC, at a minimum, to demonstrate, in the geographic area, the presence and availability of drivers with WAVs on its online-enabled application or platform, improved level of service, including reasonable response times, due to those investments for WAV service compared to the previous quarter, efforts undertaken to publicize and promote available WAV services to disability communities, and a full accounting of funds expended.(C) The commission shall create the TNC Access for All Fund (Access Fund) and deposit moneys collected pursuant to subparagraph (B) in the Access Fund. The commission shall distribute funds in the Access Fund on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities, including wheelchair users who need a WAV, in the geographic areas selected pursuant to subparagraph (D).(D) The commission shall select geographic areas, which shall be based on the demand for WAVs within the area and selected according to outcomes of workshops in subparagraph (A), for inclusion in the on-demand transportation programs or partnerships funded pursuant to subparagraph (C). The commission shall allocate moneys in the Access Fund for use in each geographic area in a manner that is proportional to the percent of the Access Fund fees originating in that geographic area.(E) The commission shall request access providers to submit applications to receive funds pursuant to subparagraph (C) by April 1, 2020. The commission may accept applications for new on-demand transportation programs or partnerships any time after April 1, 2020. From the applications that are submitted, the commission shall select by July 1, 2020, on-demand transportation programs or partnerships to receive funding based on criteria adopted by the commission in consultation with stakeholders described in subparagraph (A). As part of the criteria, the commission shall require an access provider to demonstrate in its application, at a minimum, how the program or partnership improves response times for WAV service compared to the previous year, the presence and availability of WAVs within the geographic area, and efforts undertaken to publicize and promote available WAV services to disability communities.(F) The commission shall distribute funds pursuant to subparagraph (E) in the Access Fund within 90 days following the end of each year. If no access provider meets the requirements, funds shall remain in the Access Fund and be distributed the next year.(G) The commission shall require each transportation network company to be accessible to persons with disabilities in order to be exempt from paying the charge required pursuant to subparagraph (B). The commission shall adopt a designated level of WAV service that is required to be met in each geographic area via a TNCs online-enabled application or platform in order for the TNC to be exempt from paying the fee required pursuant to subparagraph (B) for the next year in that geographic area. As part of the designated level of WAV service for each geographic area, the commission shall require a TNC, at a minimum, to have response times for 80 percent of WAV trips requested via the TNCs online-enabled application or platform within a time established by the commission for that geographic area. If a TNC meets the WAV service level requirement established pursuant to this subparagraph in a geographic area selected pursuant to subparagraph (D) for a particular year, the TNC is shall be exempt from paying the fee imposed pursuant to subparagraph (B) for the next year for that geographic area only. A TNC may provide a higher level of service than the minimum service level requirement designated by the commission.(H) A TNC may meet the requirements of clause (ii) of subparagraph (B) and subparagraph (G) by facilitating WAV service through its online-enabled application or platform, by directly providing WAV service with vehicles that it owns, or by a contract to provide WAV service with a transportation provider, or by any combination of these methods.(I) Within 30 days after the end of each quarter beginning after July 1, 2020, quarter, a transportation network company that receives an offset pursuant to clause (ii) of subparagraph (B) or an access provider that receives funding pursuant to subparagraph (C) shall submit a report to the commission. The report shall include, but shall not be limited to, all of the following:(i) The number of WAV rides requested.(ii) The number of WAV rides fulfilled.(iii) Data detailing the response time between when a WAV ride was requested and when the vehicle arrived.(iv) Information regarding educational outreach to disability communities, including, but not limited to, information and promotion of availability of WAVs for wheelchair users.(v) A detailed description of expenditures or investments, as applicable.(J) The commission shall establish yearly benchmarks for TNCs and access providers to meet to ensure WAV users receive continuously improved, reliable, and available service. These benchmarks shall include, but are not limited to, response times, percentage of trips fulfilled versus trips requested, and number of users requesting rides versus community WAV demand for each geographic area.(K) The commission shall authorize no more than 2 percent of existing funds collected from TNCs pursuant to Section 421 and deposited into the Public Utilities Commission Transportation Reimbursement Account to be distributed to accessibility advocates who provide a substantial contribution to the proceeding initiated pursuant to this section, and only for the duration of the commission proceeding initiated pursuant to this section. These funds may shall only be distributed to advocates for accessible transportation or representatives of a group whose membership uses accessible transportation. The commission shall distribute funds pursuant to this subparagraph in a manner consistent with the requirements of Sections 1803 to 1808, inclusive. The commission shall not increase the fees authorized pursuant to Section 421 in order to fulfill the requirements of this subparagraph. Nothing in this subparagraph is intended to allow parties to obtain intervenor compensation for other transportation proceedings at the commission.(2) (A) Report to the Legislature by January 1, 2024, on compliance with the this section and on the effectiveness of the on-demand transportation programs or partnerships funded pursuant to this section. The report shall include, but not be limited to, all of the following:(i) A study on the demand for WAVs, including demand according to time of day and geographic area.(ii) An analysis of the reports required to be submitted by access providers receiving funding pursuant to paragraph (1).(iii) The availability of unallocated funds in the Access Fund, including the need to reassess Access Fund allocations.(iv) An analysis of current program capabilities and deficiencies, and recommendations to overcome any identified deficiencies.(B) The report required by this paragraph shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.(3) Create a working group with stakeholders described in subparagraph (A) of paragraph (1) to examine the variety of agencies, localities, and programs that provide transportation services for persons with disabilities, including passenger stage carriers and charter-party carriers within the commissions jurisdiction, in order to evaluate ways to partner with those agencies to provide services to disabled persons in a nonduplicative, nondiscriminatory, and more efficient manner.(b) Notwithstanding Section 13340 of the Government Code, moneys deposited in the TNC Access for All Fund created pursuant to subparagraph (C) of paragraph (1) of subdivision (a) are continuously appropriated to the commission without regard to fiscal years for purposes of the program established pursuant to this section.(c) The commission may hire an independent entity to administer the program established pursuant to subdivision (a) and to complete the report required pursuant to paragraph (2) of subdivision (a).(d) Nothing in this section shall This section does not limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in this section. Nothing in this section shall be construed to This section does not expand or limit any obligations, if any, of a transportation network company under existing state or federal disability access laws.(e) This section shall remain in effect only until January 1,2026, 2032, and as of that date is repealed.
5440.5. (a) As part of the regulation of transportation network companies (TNCs) referenced in subdivision (a) of Section 5440, the commission shall do all of the following:(1) In a new or existing proceeding, establish a program relating to accessibility for persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV). This program shall include, but is not limited to, all of the following:(A) By January 1, 2019, the commission shall begin conducting workshops with stakeholders, including California cities and counties, disability rights organizations, persons with disabilities, transportation and transit agencies, social service transportation providers, paratransit coordinating councils, and transportation network companies, in order to determine community WAV demand and WAV supply and to develop and provide recommendations regarding the establishment of geographic areas, criteria for Access Fund expenditures, and educational outreach objectives for programs for on-demand services and partnerships consistent with the requirements of this section. Workshops The workshops may also examine topics including, but not limited to, vehicle specifications, subsidies for wheelchair pickups, maintenance and fuel costs, designated pickup locations for drivers in locations where door-to-door service is not feasible, standards for trip requests, response times, and rider initiated cancellation, limiting of stranded users, integration of service into city and county transportation plans, or any necessary training or additional incentives for WAV drivers that results in a measurable impact on service availability, efficiency, and efficacy. The commission shall conduct a minimum of five workshops throughout the state.(B) (i) The commission shall require each TNC TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at minimum, 0.05 dollars ($0.05) for each TNC trip completed using the transportation network companys online-enabled application or platform that originates in one of the geographic areas selected pursuant to subparagraph (D), except if the TNC meets the requirements of an exemption established by the commission pursuant to subparagraph (G). The commission may adjust the fee in each geographic area selected pursuant to subparagraph (D) to different levels based on the cost of providing adequate WAV service within the geographic area.(ii) Each TNC shall charge its customers on each TNC trip completed the full amount of the per-trip fee established pursuant to this subparagraph, and remit the total amount of those fees charged to the commission each quarter. The commission shall authorize a TNC to offset against the amounts due pursuant to this subparagraph for a particular quarter the amounts spent by the TNC during that quarter to improve WAV service on its online-enabled application or platform for each geographic area and thereby reduce the amount required to be remitted to the commission. In order to offset amounts due pursuant to this subparagraph in a geographic area, the commission shall require a TNC, at a minimum, to demonstrate, in the geographic area, the presence and availability of drivers with WAVs on its online-enabled application or platform, improved level of service, including reasonable response times, due to those investments for WAV service compared to the previous quarter, efforts undertaken to publicize and promote available WAV services to disability communities, and a full accounting of funds expended.(C) The commission shall create the TNC Access for All Fund (Access Fund) and deposit moneys collected pursuant to subparagraph (B) in the Access Fund. The commission shall distribute funds in the Access Fund on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities, including wheelchair users who need a WAV, in the geographic areas selected pursuant to subparagraph (D).(D) The commission shall select geographic areas, which shall be based on the demand for WAVs within the area and selected according to outcomes of workshops in subparagraph (A), for inclusion in the on-demand transportation programs or partnerships funded pursuant to subparagraph (C). The commission shall allocate moneys in the Access Fund for use in each geographic area in a manner that is proportional to the percent of the Access Fund fees originating in that geographic area.(E) The commission shall request access providers to submit applications to receive funds pursuant to subparagraph (C) by April 1, 2020. The commission may accept applications for new on-demand transportation programs or partnerships any time after April 1, 2020. From the applications that are submitted, the commission shall select by July 1, 2020, on-demand transportation programs or partnerships to receive funding based on criteria adopted by the commission in consultation with stakeholders described in subparagraph (A). As part of the criteria, the commission shall require an access provider to demonstrate in its application, at a minimum, how the program or partnership improves response times for WAV service compared to the previous year, the presence and availability of WAVs within the geographic area, and efforts undertaken to publicize and promote available WAV services to disability communities.(F) The commission shall distribute funds pursuant to subparagraph (E) in the Access Fund within 90 days following the end of each year. If no access provider meets the requirements, funds shall remain in the Access Fund and be distributed the next year.(G) The commission shall require each transportation network company to be accessible to persons with disabilities in order to be exempt from paying the charge required pursuant to subparagraph (B). The commission shall adopt a designated level of WAV service that is required to be met in each geographic area via a TNCs online-enabled application or platform in order for the TNC to be exempt from paying the fee required pursuant to subparagraph (B) for the next year in that geographic area. As part of the designated level of WAV service for each geographic area, the commission shall require a TNC, at a minimum, to have response times for 80 percent of WAV trips requested via the TNCs online-enabled application or platform within a time established by the commission for that geographic area. If a TNC meets the WAV service level requirement established pursuant to this subparagraph in a geographic area selected pursuant to subparagraph (D) for a particular year, the TNC is shall be exempt from paying the fee imposed pursuant to subparagraph (B) for the next year for that geographic area only. A TNC may provide a higher level of service than the minimum service level requirement designated by the commission.(H) A TNC may meet the requirements of clause (ii) of subparagraph (B) and subparagraph (G) by facilitating WAV service through its online-enabled application or platform, by directly providing WAV service with vehicles that it owns, or by a contract to provide WAV service with a transportation provider, or by any combination of these methods.(I) Within 30 days after the end of each quarter beginning after July 1, 2020, quarter, a transportation network company that receives an offset pursuant to clause (ii) of subparagraph (B) or an access provider that receives funding pursuant to subparagraph (C) shall submit a report to the commission. The report shall include, but shall not be limited to, all of the following:(i) The number of WAV rides requested.(ii) The number of WAV rides fulfilled.(iii) Data detailing the response time between when a WAV ride was requested and when the vehicle arrived.(iv) Information regarding educational outreach to disability communities, including, but not limited to, information and promotion of availability of WAVs for wheelchair users.(v) A detailed description of expenditures or investments, as applicable.(J) The commission shall establish yearly benchmarks for TNCs and access providers to meet to ensure WAV users receive continuously improved, reliable, and available service. These benchmarks shall include, but are not limited to, response times, percentage of trips fulfilled versus trips requested, and number of users requesting rides versus community WAV demand for each geographic area.(K) The commission shall authorize no more than 2 percent of existing funds collected from TNCs pursuant to Section 421 and deposited into the Public Utilities Commission Transportation Reimbursement Account to be distributed to accessibility advocates who provide a substantial contribution to the proceeding initiated pursuant to this section, and only for the duration of the commission proceeding initiated pursuant to this section. These funds may shall only be distributed to advocates for accessible transportation or representatives of a group whose membership uses accessible transportation. The commission shall distribute funds pursuant to this subparagraph in a manner consistent with the requirements of Sections 1803 to 1808, inclusive. The commission shall not increase the fees authorized pursuant to Section 421 in order to fulfill the requirements of this subparagraph. Nothing in this subparagraph is intended to allow parties to obtain intervenor compensation for other transportation proceedings at the commission.(2) (A) Report to the Legislature by January 1, 2024, on compliance with the this section and on the effectiveness of the on-demand transportation programs or partnerships funded pursuant to this section. The report shall include, but not be limited to, all of the following:(i) A study on the demand for WAVs, including demand according to time of day and geographic area.(ii) An analysis of the reports required to be submitted by access providers receiving funding pursuant to paragraph (1).(iii) The availability of unallocated funds in the Access Fund, including the need to reassess Access Fund allocations.(iv) An analysis of current program capabilities and deficiencies, and recommendations to overcome any identified deficiencies.(B) The report required by this paragraph shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.(3) Create a working group with stakeholders described in subparagraph (A) of paragraph (1) to examine the variety of agencies, localities, and programs that provide transportation services for persons with disabilities, including passenger stage carriers and charter-party carriers within the commissions jurisdiction, in order to evaluate ways to partner with those agencies to provide services to disabled persons in a nonduplicative, nondiscriminatory, and more efficient manner.(b) Notwithstanding Section 13340 of the Government Code, moneys deposited in the TNC Access for All Fund created pursuant to subparagraph (C) of paragraph (1) of subdivision (a) are continuously appropriated to the commission without regard to fiscal years for purposes of the program established pursuant to this section.(c) The commission may hire an independent entity to administer the program established pursuant to subdivision (a) and to complete the report required pursuant to paragraph (2) of subdivision (a).(d) Nothing in this section shall This section does not limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in this section. Nothing in this section shall be construed to This section does not expand or limit any obligations, if any, of a transportation network company under existing state or federal disability access laws.(e) This section shall remain in effect only until January 1,2026, 2032, and as of that date is repealed.
5440.5. (a) As part of the regulation of transportation network companies (TNCs) referenced in subdivision (a) of Section 5440, the commission shall do all of the following:
(1) In a new or existing proceeding, establish a program relating to accessibility for persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV). This program shall include, but is not limited to, all of the following:
(A) By January 1, 2019, the commission shall begin conducting workshops with stakeholders, including California cities and counties, disability rights organizations, persons with disabilities, transportation and transit agencies, social service transportation providers, paratransit coordinating councils, and transportation network companies, in order to determine community WAV demand and WAV supply and to develop and provide recommendations regarding the establishment of geographic areas, criteria for Access Fund expenditures, and educational outreach objectives for programs for on-demand services and partnerships consistent with the requirements of this section. Workshops The workshops may also examine topics including, but not limited to, vehicle specifications, subsidies for wheelchair pickups, maintenance and fuel costs, designated pickup locations for drivers in locations where door-to-door service is not feasible, standards for trip requests, response times, and rider initiated cancellation, limiting of stranded users, integration of service into city and county transportation plans, or any necessary training or additional incentives for WAV drivers that results in a measurable impact on service availability, efficiency, and efficacy. The commission shall conduct a minimum of five workshops throughout the state.
(B) (i) The commission shall require each TNC TNC, by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at minimum, 0.05 dollars ($0.05) for each TNC trip completed using the transportation network companys online-enabled application or platform that originates in one of the geographic areas selected pursuant to subparagraph (D), except if the TNC meets the requirements of an exemption established by the commission pursuant to subparagraph (G). The commission may adjust the fee in each geographic area selected pursuant to subparagraph (D) to different levels based on the cost of providing adequate WAV service within the geographic area.
(ii) Each TNC shall charge its customers on each TNC trip completed the full amount of the per-trip fee established pursuant to this subparagraph, and remit the total amount of those fees charged to the commission each quarter. The commission shall authorize a TNC to offset against the amounts due pursuant to this subparagraph for a particular quarter the amounts spent by the TNC during that quarter to improve WAV service on its online-enabled application or platform for each geographic area and thereby reduce the amount required to be remitted to the commission. In order to offset amounts due pursuant to this subparagraph in a geographic area, the commission shall require a TNC, at a minimum, to demonstrate, in the geographic area, the presence and availability of drivers with WAVs on its online-enabled application or platform, improved level of service, including reasonable response times, due to those investments for WAV service compared to the previous quarter, efforts undertaken to publicize and promote available WAV services to disability communities, and a full accounting of funds expended.
(C) The commission shall create the TNC Access for All Fund (Access Fund) and deposit moneys collected pursuant to subparagraph (B) in the Access Fund. The commission shall distribute funds in the Access Fund on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities, including wheelchair users who need a WAV, in the geographic areas selected pursuant to subparagraph (D).
(D) The commission shall select geographic areas, which shall be based on the demand for WAVs within the area and selected according to outcomes of workshops in subparagraph (A), for inclusion in the on-demand transportation programs or partnerships funded pursuant to subparagraph (C). The commission shall allocate moneys in the Access Fund for use in each geographic area in a manner that is proportional to the percent of the Access Fund fees originating in that geographic area.
(E) The commission shall request access providers to submit applications to receive funds pursuant to subparagraph (C) by April 1, 2020. The commission may accept applications for new on-demand transportation programs or partnerships any time after April 1, 2020. From the applications that are submitted, the commission shall select by July 1, 2020, on-demand transportation programs or partnerships to receive funding based on criteria adopted by the commission in consultation with stakeholders described in subparagraph (A). As part of the criteria, the commission shall require an access provider to demonstrate in its application, at a minimum, how the program or partnership improves response times for WAV service compared to the previous year, the presence and availability of WAVs within the geographic area, and efforts undertaken to publicize and promote available WAV services to disability communities.
(F) The commission shall distribute funds pursuant to subparagraph (E) in the Access Fund within 90 days following the end of each year. If no access provider meets the requirements, funds shall remain in the Access Fund and be distributed the next year.
(G) The commission shall require each transportation network company to be accessible to persons with disabilities in order to be exempt from paying the charge required pursuant to subparagraph (B). The commission shall adopt a designated level of WAV service that is required to be met in each geographic area via a TNCs online-enabled application or platform in order for the TNC to be exempt from paying the fee required pursuant to subparagraph (B) for the next year in that geographic area. As part of the designated level of WAV service for each geographic area, the commission shall require a TNC, at a minimum, to have response times for 80 percent of WAV trips requested via the TNCs online-enabled application or platform within a time established by the commission for that geographic area. If a TNC meets the WAV service level requirement established pursuant to this subparagraph in a geographic area selected pursuant to subparagraph (D) for a particular year, the TNC is shall be exempt from paying the fee imposed pursuant to subparagraph (B) for the next year for that geographic area only. A TNC may provide a higher level of service than the minimum service level requirement designated by the commission.
(H) A TNC may meet the requirements of clause (ii) of subparagraph (B) and subparagraph (G) by facilitating WAV service through its online-enabled application or platform, by directly providing WAV service with vehicles that it owns, or by a contract to provide WAV service with a transportation provider, or by any combination of these methods.
(I) Within 30 days after the end of each quarter beginning after July 1, 2020, quarter, a transportation network company that receives an offset pursuant to clause (ii) of subparagraph (B) or an access provider that receives funding pursuant to subparagraph (C) shall submit a report to the commission. The report shall include, but shall not be limited to, all of the following:
(i) The number of WAV rides requested.
(ii) The number of WAV rides fulfilled.
(iii) Data detailing the response time between when a WAV ride was requested and when the vehicle arrived.
(iv) Information regarding educational outreach to disability communities, including, but not limited to, information and promotion of availability of WAVs for wheelchair users.
(v) A detailed description of expenditures or investments, as applicable.
(J) The commission shall establish yearly benchmarks for TNCs and access providers to meet to ensure WAV users receive continuously improved, reliable, and available service. These benchmarks shall include, but are not limited to, response times, percentage of trips fulfilled versus trips requested, and number of users requesting rides versus community WAV demand for each geographic area.
(K) The commission shall authorize no more than 2 percent of existing funds collected from TNCs pursuant to Section 421 and deposited into the Public Utilities Commission Transportation Reimbursement Account to be distributed to accessibility advocates who provide a substantial contribution to the proceeding initiated pursuant to this section, and only for the duration of the commission proceeding initiated pursuant to this section. These funds may shall only be distributed to advocates for accessible transportation or representatives of a group whose membership uses accessible transportation. The commission shall distribute funds pursuant to this subparagraph in a manner consistent with the requirements of Sections 1803 to 1808, inclusive. The commission shall not increase the fees authorized pursuant to Section 421 in order to fulfill the requirements of this subparagraph. Nothing in this subparagraph is intended to allow parties to obtain intervenor compensation for other transportation proceedings at the commission.
(2) (A) Report to the Legislature by January 1, 2024, on compliance with the this section and on the effectiveness of the on-demand transportation programs or partnerships funded pursuant to this section. The report shall include, but not be limited to, all of the following:
(i) A study on the demand for WAVs, including demand according to time of day and geographic area.
(ii) An analysis of the reports required to be submitted by access providers receiving funding pursuant to paragraph (1).
(iii) The availability of unallocated funds in the Access Fund, including the need to reassess Access Fund allocations.
(iv) An analysis of current program capabilities and deficiencies, and recommendations to overcome any identified deficiencies.
(B) The report required by this paragraph shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.
(3) Create a working group with stakeholders described in subparagraph (A) of paragraph (1) to examine the variety of agencies, localities, and programs that provide transportation services for persons with disabilities, including passenger stage carriers and charter-party carriers within the commissions jurisdiction, in order to evaluate ways to partner with those agencies to provide services to disabled persons in a nonduplicative, nondiscriminatory, and more efficient manner.
(b) Notwithstanding Section 13340 of the Government Code, moneys deposited in the TNC Access for All Fund created pursuant to subparagraph (C) of paragraph (1) of subdivision (a) are continuously appropriated to the commission without regard to fiscal years for purposes of the program established pursuant to this section.
(c) The commission may hire an independent entity to administer the program established pursuant to subdivision (a) and to complete the report required pursuant to paragraph (2) of subdivision (a).
(d) Nothing in this section shall This section does not limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in this section. Nothing in this section shall be construed to This section does not expand or limit any obligations, if any, of a transportation network company under existing state or federal disability access laws.
(e) This section shall remain in effect only until January 1,2026, 2032, and as of that date is repealed.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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