PRINTER'S NO. 1146
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
889
Session of
2021
INTRODUCED BY TARTAGLIONE, KANE, SAVAL, FONTANA, CAPPELLETTI,
COSTA AND BREWSTER, OCTOBER 18, 2021
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 18, 2021
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in transportation network service,
further providing for rates and forms of compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2607 of Title 66 of the Pennsylvania
Consolidated Statutes is amended by adding subsections to read:
§ 2607. Rates and forms of compensation.
* * *
(g) Study.--
(1) The Joint State Government Commission shall conduct
a study on:
(i) Income drivers derive from operating personal
vehicles for a transportation network company.
(ii) Traffic congestion throughout the service area
of a transportation network company and the extent a
company's vehicles contribute to the congestion.
(iii) Traffic safety.
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(iv) Vehicle utilization rates.
(v) Access to the transportation network service in
different geographic areas of this Commonwealth.
(vi) The number of hours that drivers make
themselves available to accept dispatches from a
transportation network company by day or week.
(vii) Driver incomes and well-being.
(viii) Other topics the Joint State Government
Commission deems appropriate.
(2) For each prearranged ride a transportation network
company offers, the Joint State Government Commission may
require the following data be provided:
(i) For a prearranged ride:
(A) The driver's license number of the driver.
(B) The license plate number of the vehicle that
fulfilled the prearranged ride request.
(C) The location that a passenger is picked up
and subsequently dropped off.
(D) The total number of passengers picked up and
dropped off from the location referenced in clause
(C).
(E) The date and time a passenger is picked up
and dropped off.
(F) The total ride mileage of a prearranged
ride.
(G) The date and time a prearranged ride request
was made by a passenger.
(H) The itemized fare for each prearranged ride,
including the amount of the fare, tolls, surcharges,
rates, other deductions, gratuity and a breakdown of
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the amount a passenger paid for the prearranged ride.
(I) The payment that a driver received for a
prearranged ride or the hourly rate paid.
(ii) The total amount of time a vehicle is connected
to the electronic platform of a transportation network
company each day.
(iii) The amount of time spent each day by a driver:
(A) Providing transportation network services.
(B) On the way to a passenger.
(C) Between prearranged rides but not on the way
to a passenger.
(iv) Additional information required by the Joint
State Government Commission to conduct the study required
under this subsection.
(3) The study shall be completed within 12 months of the
effective date of this subsection.
(4) The Joint State Government Commission shall issue a
report within 12 months of the effective date of this
subsection to the following entities:
(i) The chair of the Pennsylvania Public Utility
Commission.
(ii) The Secretary of Transportation.
(iii) The majority and minority chairs of the
Consumer Protection and Professional Licensure Committee
of the Senate.
(iv) The majority and minority chairs of the
Consumer Affairs Committee of the House of
Representatives.
(v) The majority and minority chairs of the
Transportation Committee of the Senate.
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(vi) The majority and minority chairs of the
Transportation Committee of the House of Representatives.
(h) Minimum payments to drivers.--
(1) Within six months of the issuance of the report
conducted under subsection (g), the commission shall by rule
or order establish a method for determining the minimum
payment that shall be paid to a transportation network
company driver for a prearranged ride. In establishing a
minimum payment method, the commission shall consider:
(i) The duration and distance of the prearranged
ride.
(ii) The expenses of operation to the driver.
(iii) Applicable vehicle utilization standard.
(iv) Rates of fares.
(v) The adequacy of a driver's income considered in
relation to a driver's expenses.
(2) A rule promulgated by the commission under this
subsection shall not prevent payments to transportation
network company drivers from being calculated on an hourly or
weekly basis, or by another method, provided that the actual
payments made to drivers are no less than the minimum
payments determined in accordance with the method established
by the commission under this subsection.
(i) Minimum rates of fares.--
(1) Following issuance of the report under subsection
(g), the commission shall determine if the establishment of a
minimum rate of fare charged by a transportation network
company would substantially alleviate problems identified in
the study.
(2) If the commission determines that a minimum rate of
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fare would substantially alleviate problems identified in the
study, the commission shall, by rule or order, establish a
minimum rate of fare for transportation network company
services.
(3) In setting a minimum rate of fare, the commission
may consider:
(i) The category of vehicle.
(ii) The type of prearranged ride, including
prearranged rides in which the vehicle is available for
the transportation of two or more passengers.
(iii) The rates of fare for other categories of
vehicles carrying passengers for hire, including
taxicabs.
(iv) The location of the prearranged ride.
(v) Other factors the commission determines to be
appropriate to achieve the intended result.
(4) A minimum rate of fare may not include taxes, fees
or surcharges imposed on prearranged rides made by a
transportation network company.
(5) If the commission establishes a minimum rate of fare
under paragraph (2), the commission shall, on a periodic
basis, but not less than once annually, review minimum rates
of fare in order to determine whether an amendment of the
minimum rates of fare are warranted or necessary to achieve
the intended result.
Section 2. This act shall take effect immediately.
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