BILL NUMBER: SB 697	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2015

INTRODUCED BY   Senator Hertzberg

                        FEBRUARY 27, 2015

   An act to amend Section  1904   5387 
of, and to repeal Section  1906   5385.5 
of, the Public Utilities Code, relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 697, as amended, Hertzberg.  Public utilities:
certificates of public convenience and necessity: fees. 
 Charter-party carriers of passengers. 
   The Passenger Charter-party Carriers' Act places charter-party
carriers of passengers, as defined, under the jurisdiction of the
Public Utilities Commission. Under existing law, no charter party
carrier of passengers may operate a motor vehicle on a public highway
unless there is displayed on the vehicle a distinctive identifying
symbol, in the form prescribed by the commission, showing the
classification to which the carrier belongs. For motor vehicles
designed to carry not more than 8 passengers, the commission is
required to issue a suitable decal with an identifying symbol and of
a specified size for that purpose.  
   This bill would repeal that provision requiring the issuance of
the decal.  
   The Public Utilities Act prohibits any street railroad
corporation, gas corporation, electrical corporation, telegraph
corporation, telephone corporation, water corporation, or sewer
system corporation from beginning the construction of, among other
things, a line, plant, or system, or of any extension thereof,
without having first obtained from the Public Utilities Commission a
certificate that the present or future public convenience and
necessity require or will require that construction (certificate of
public convenience and necessity). Existing law provides that each
application for a certificate of public convenience and necessity be
accompanied by a fee of $500, unless the applicant is already
operating in the immediate vicinity under the jurisdiction of the
commission. Other existing law requires the commission to charge and
collect a fee of $75 for each application for a certificate of public
convenience and necessity, or for the mortgage, lease, transfer, or
assignment thereof, except for those applications for a certificate
that are required to be accompanied by a fee of $500. 

   This bill would require the commission to charge and collect a fee
of $500 for each application for a certificate of public convenience
and necessity, or for the mortgage, lease, transfer, or assignment
thereof.  
   Existing law establishes the Public Utilities Commission Utilities
Reimbursement Account in the General Fund and generally provides
that all fees and charges collected under the Public Utilities Code,
except penalties, from each public utility be paid into the fund.
 
    Other existing law provides that specified fees, including the
fee for filing each application for a certificate of public
convenience and necessity, or for the mortgage, lease, transfer, or
assignment of a certificate, and fees charged for preparation of
certain official documents, are required to be paid at least once
each month into the State Treasury to the credit of the General Fund.
 
   This bill would repeal the provision that requires certain fees to
be paid at least once each month into the State Treasury to the
credit of the General Fund. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 5385.5 of the   Public
Utilities Code   is repealed.  
   5385.5.  For motor vehicles designed to carry not more than eight
passengers, including the driver, the commission shall issue a
suitable decal for purposes of Section 5385, for each vehicle
registered with the commission and operated by a charter-party
carrier of passengers holding a valid permit or certificate of public
convenience and necessity. The decal with an identifying symbol
shall be a minimum size of two and one-half inches by six inches, and
shall be affixed to the lower right hand corner of the rear bumper
of the vehicle. 
   SEC. 2.    Section 5387 of the   Public
Utilities Code   is amended to read: 
   5387.  (a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section  5385 or 5385.5,   5385,  and (3)
having complied with the accident liability protection requirements
of Section 5391.
   (b) A person who drives a bus for a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not limited
to, a bus, schoolbus, school pupil activity bus, or transit bus, with
passengers for a period of five years pursuant to Section 13369 of
the Vehicle Code.
   (c) (1) A charter-party carrier shall have its authority to
operate as a charter-party carrier permanently revoked by the
commission or be permanently barred from receiving a permit or
certificate from the commission if it commits any of the following
acts:
   (A) Operates a bus without having been issued a permit or
certificate from the commission.
   (B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.
   (C) Commits three or more liability insurance violations within a
two-year period for which it has been cited.
   (D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier's liability
insurance lapsed for which it has been cited.
   (E) Knowingly employs a busdriver who does not have a current and
valid driver's license of the proper class, a passenger vehicle
endorsement, or the required certificate to drive a bus.
   (F) Has one or more buses improperly registered with the
Department of Motor Vehicles.
   (2) The commission shall not issue a new permit or certificate to
operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or that
was permanently barred from receiving a permit or certificate from
the commission pursuant to this subdivision.
   (d) An officer of the Department of the California Highway Patrol
may impound a bus of a charter-party carrier for 30 days pursuant to
Section 14602.9 of the Vehicle Code if the officer determines that
any of the following violations occurred while the busdriver was
operating the bus of a charter-party carrier:
   (1) The driver was operating the bus of a charter-party carrier
when the charter-party carrier did not have a permit or certificate
issued by the commission.
   (2) The driver was operating the bus of a charter-party carrier
when the charter-party carrier was operating the bus with a suspended
permit or certificate from the commission.
   (3) The driver was operating the bus of a charter-party carrier
without having a current and valid driver's license of the proper
class, a passenger vehicle endorsement, or the required certificate.

  SECTION 1.    Section 1904 of the Public Utilities
Code is amended to read:
   1904.  The commission shall also charge and collect the following
fees:
   (a) Except as otherwise provided in Section 1036 for filing each
application for a certificate of public convenience and necessity, or
for the mortgage, lease, transfer, or assignment thereof, five
hundred dollars ($500). The commission may adjust this fee based on
the Consumer Price Index. The fee charged and collected pursuant to
this subdivision shall not exceed the reasonable costs to process the
application.
   (b) For a certificate authorizing an issue of bonds, notes, or
other evidences of indebtedness, two dollars ($2) for each one
thousand dollars ($1,000) of the face value of the authorized issue
or fraction thereof up to one million dollars ($1,000,000), one
dollar ($1) for each one thousand dollars ($1,000) over one million
dollars ($1,000,000) and up to ten million dollars ($10,000,000), and
fifty cents ($0.50) for each one thousand dollars ($1,000) over ten
million dollars ($10,000,000), with a minimum fee in any case of
fifty dollars ($50). No fee need be paid on such portion of any such
issue as may be used to guarantee, take over, refund, discharge, or
retire any stock, bond, note or other evidence of indebtedness on
which a fee has theretofore been paid to the commission. If the
commission modified the amount of the issue requested in any case and
the applicant thereupon elects not to avail itself of the commission'
s authorization, no fee shall be paid, and if such fee is paid prior
to the issuance of such certificate by the commission, such fee shall
be returned.  
  SEC. 2.    Section 1906 of the Public Utilities
Code is repealed.