2020 -- H 7925 | |
======== | |
LC004006 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO PUBLIC UTILITIES - TRANSPORTATION NETWORK COMPANY | |
SERVICES - WHEELCHAIR LIFT EQUIPMENT VEHICLES | |
| |
Introduced By: Representatives Serpa, Lima, and Bennett | |
Date Introduced: February 26, 2020 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 39-14.2-1, 39-14.2-3 and 39-14.2-21 of the General Laws in |
2 | Chapter 39-14.2 entitled "Transportation Network Company Services" are hereby amended to |
3 | read as follows: |
4 | 39-14.2-1. Definitions. |
5 | Terms in this chapter shall be construed as follows, unless another meaning is expressed |
6 | or is clearly apparent from the language or context: |
7 | (1) "Access provider" means an organization or entity that directly provides, or contracts |
8 | with a separate organization or entity to provide, on-demand transportation to meet the needs of |
9 | person with disabilities. |
10 | (1)(2) "Active TNC driver" means a TNC driver who has provided at least one |
11 | prearranged ride through the TNC in the preceding ninety (90) days. |
12 | (2)(3) "Administrator" means the administrator of the division of public utilities and |
13 | carriers. |
14 | (3)(4) "Digital network" means any online-enabled technology application service, |
15 | website, or system offered or utilized by a transportation network company that enables the |
16 | prearrangement of rider transportation with transportation network company drivers. |
17 | (4)(5) "Division" means the division of public utilities and carriers. |
18 | (5)(6) "Partner" or "partnering" means the act of a TNC operator agreeing to the terms |
| |
1 | and conditions set forth by a TNC for access to the TNC's digital network for the purpose of |
2 | being connected to potential TNC riders seeking TNC services. |
3 | (6)(7) "Person" means and includes any individual, partnership, corporation, or other |
4 | association of individuals. |
5 | (7)(8) "Personal vehicle" means a vehicle that is used by a transportation network |
6 | company driver and is: |
7 | (i) Designed to hold no more than seven (7) individuals, including the driver; |
8 | (ii) Owned, leased, or otherwise authorized for use by the individual; and |
9 | (iii) Not a jitney, as defined in § 39-13-1; a taxicab or limited public motor vehicle, as |
10 | defined in § 39-14-1; a public motor vehicle, as defined in § 39-14.1-1; or a common carrier as |
11 | defined in title 39. |
12 | (8)(9) "Transportation network company" or "TNC" means an entity licensed by the |
13 | division pursuant to this chapter that uses a digital network to connect transportation network |
14 | company riders to transportation network operators who provide prearranged rides. A |
15 | transportation network company shall not be deemed to control, direct, or manage the personal |
16 | vehicles or transportation network company drivers that connect to its digital network, except |
17 | where agreed to by written contract. |
18 | (9)(10) "Transportation network company affiliation placard" or "TNC affiliation |
19 | placard" means a recognizable logo or decal issued by the TNC used to identify personal vehicles |
20 | whenever such a vehicle is available to provide, or is providing, TNC services. |
21 | (10)(11) "Transportation network operator" or "TNC operator" or "TNC driver" means an |
22 | individual who: |
23 | (i) Receives connections to potential riders and related services from a transportation |
24 | network company in exchange for payment of a fee to the transportation network company; and |
25 | (ii) Uses a personal vehicle to offer or provide a prearranged ride to TNC riders upon |
26 | connection through a digital network controlled by a transportation network company in |
27 | exchange for compensation or payment of a fee. |
28 | (11)(12) "Transportation network company (TNC) rider" or "rider" means an individual |
29 | or persons who uses a transportation network company's digital network to connect with a |
30 | transportation network driver who provides prearranged rides to the rider in the driver's personal |
31 | vehicle between points chosen by the rider. |
32 | (12)(13) "Transportation network company services" or "prearranged ride" means the |
33 | provision of transportation by a TNC driver to a TNC rider beginning when a TNC driver accepts |
34 | a TNC rider's request for a ride made only through a digital network controlled by a |
| LC004006 - Page 2 of 7 |
1 | transportation network company (TNC), continuing while the TNC driver transports the |
2 | requesting TNC rider(s), and ending when the last requesting TNC rider(s) departs from the |
3 | personal vehicle. TNC services and prearranged rides do not include transportation provided |
4 | using a jitney, as defined in § 39-13-1; a taxicab or limited public motor vehicle, as defined in § |
5 | 39-14-1; a public motor vehicle, as defined in § 39-14.1-1; a common carrier as defined in title |
6 | 39, or a regional transportation provider. TNC services and prearranged rides do not include a |
7 | shared-expense carpool or vanpool arrangement or service. |
8 | (14) "Wheelchair accessible vehicle" or "WAV" means a vehicle equipped with a ramp or |
9 | lift capable of transporting non-folding motorized wheelchairs, mobility scooters, or other |
10 | mobility devices. |
11 | 39-14.2-3. Powers of division. |
12 | (a) Every person operating a licensed transportation network company or operating as a |
13 | licensed transportation network company operator is declared to be subject to the jurisdiction of |
14 | the division of public utilities and carriers. The division may prescribe rules and regulations |
15 | consistent with this chapter that are necessary to assure adequate, safe, and compliant service |
16 | under this chapter. The division is further authorized to conduct investigations into complaints; |
17 | conduct investigations initiated on its own; and to hold hearings as it deems necessary to fulfill |
18 | the proper administration of this chapter. |
19 | (b) The division shall require transportation network companies to establish and |
20 | implement a written policy capping dynamic pricing during disasters and relevant states of |
21 | emergency and make this policy available on its website or application. |
22 | (c) The division shall establish a program relating to accessibility for persons with |
23 | disabilities, including users of a wheelchair who need a wheelchair-accessible vehicle (WAV). |
24 | 39-14.2-21. Anti-discrimination -- Handicapped accessibility. Anti-discrimination -- |
25 | Accessibility for people with disabilities |
26 | (a) A transportation network company shall adopt a policy of non-discrimination based |
27 | on the rider's race, color, national origin, religious belief or affiliation, gender, physical disability, |
28 | age, sexual orientation/identity, gender identity, or the pick-up location or drop-off location |
29 | requested by the rider. TNCs and TNC operators shall not impose any additional charge(s) for |
30 | providing services in compliance with this section. |
31 | (b) TNC drivers shall comply with all applicable laws regarding non-discrimination |
32 | against riders or potential riders on the basis of the rider's race, color, national origin, religious |
33 | belief or affiliation, gender, physical disability, age, sexual orientation/identity, gender identity, |
34 | or the pick-up location or drop-off location requested by the rider. |
| LC004006 - Page 3 of 7 |
1 | (c) TNC operators shall not deny or refuse service to any rider accompanied by a service |
2 | animal, nor shall a TNC operator impose any additional charge for the transportation of any such |
3 | service animal accompanying a TNC rider. Such service animals shall be allowed to accompany |
4 | the TNC rider in the passenger compartment of the vehicle without any conditions or restrictions, |
5 | so long as the animal does not impede the safe operation of the vehicle. |
6 | (d) As part of the regulation of transportation network companies (TNCs), the division |
7 | shall do all of the following: |
8 | (1) In a new or existing proceeding, establish a program relating to accessibility for |
9 | persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle |
10 | (WAV). This program shall include, but is not limited to, the following: |
11 | (i) By January 1, 2021, the division shall begin conducting workshops with stakeholders, |
12 | including: Rhode Island cities and towns; disability rights organizations; persons with disabilities; |
13 | the Rhode Island department of transportation; Rhode Island public transit authority (RIPTA); |
14 | human service transportation coordinating committee; RIPTA accessible transportation |
15 | committee; governor's commission on disabilities; and transportation network companies, in |
16 | order to determine community WAV demand and WAV supply and to develop and provide |
17 | recommendations regarding the establishment of geographic areas, criteria for access fund |
18 | expenditures, and educational outreach objectives for programs for on-demand services and |
19 | partnerships consistent with the requirements of this section. Workshops may also examine topics |
20 | including, but not limited to, vehicle specifications, subsidies for wheelchair pickups, |
21 | maintenance and fuel costs, designated pickup locations for drivers in locations where door-to- |
22 | door service is not feasible, standards for trip requests, response times, and rider initiated |
23 | cancellation, limiting of stranded users, integration of service into city and county transportation |
24 | plans, or any necessary training or additional incentives for WAV drivers that results in a |
25 | measurable impact on service availability, efficiency, and efficacy. |
26 | (ii) The division shall require each TNC by July 1, 2022, to pay on a quarterly basis to the |
27 | division an amount equivalent to, at minimum, five cents ($0.05) for each TNC trip completed |
28 | using the transportation network company’s online-enabled application or platform that originates |
29 | in one of the geographic areas selected pursuant to subsection (v) of this section, except if a TNC |
30 | meets the requirements of an exemption established by the division. |
31 | (iii) Each TNC shall charge its customers on each TNC completed trip, the full amount of |
32 | the per-trip fee established pursuant to this subsection and remit the total amount of those fees |
33 | charged to the division each quarter. The division shall authorize a TNC to offset against the |
34 | amounts due pursuant to subsection (ii) of this section for a particular quarter the amounts spent |
| LC004006 - Page 4 of 7 |
1 | by the TNC during that quarter to improve WAV service on its online-enabled application or |
2 | platform and thereby reduce the amount required to be remitted to the division. |
3 | (iv) The division shall create the TNC access for all fund (access fund) and deposit |
4 | monies collected pursuant to subsection (ii) of this section in the access fund. The division shall |
5 | distribute funds in the access fund on a competitive basis to access providers that establish on- |
6 | demand transportation programs or partnerships to meet the needs of persons with disabilities, |
7 | including wheelchair users who need a WAV. |
8 | (v) The division shall select geographic areas, which shall be based on the demand for |
9 | WAVs within the area and selected according to outcomes of workshops in subsection (i) of this |
10 | section, for inclusion in the on-demand transportation programs or partnerships funded by the |
11 | access fund. The division shall allocate monies in the access fund for use in each geographic area |
12 | in a manner that is proportional to the percent of the access fund fees originating in that |
13 | geographic area. |
14 | (vi) The division shall request access providers to submit applications to receive funds |
15 | pursuant to subsection (iv) of this section by January 1, 2022. The division may accept |
16 | applications for new on-demand transportation programs or partnerships any time after April 1, |
17 | 2022. From the applications that are submitted, the division shall select by July 1, 2022, on- |
18 | demand transportation programs or partnerships to receive funding based on criteria adopted by |
19 | the division in consultation with stakeholders described in subsection (i) of this section. As part of |
20 | the criteria, the division shall require an access provider to demonstrate in its application, at a |
21 | minimum, how the program or partnership improves response times for WAV service compared |
22 | to the previous year, the presence and availability of WAVs within the geographic area, and |
23 | efforts undertaken to publicize and promote available WAV services to disability communities. |
24 | (vii) The division shall distribute funds from the access fund within ninety (90) days |
25 | following the end of each fiscal year. If no access provider meets the requirements, funds shall |
26 | remain in the access fund and be distributed the next year. |
27 | (viii) Within thirty (30) days after the end of each quarter beginning after July 1, 2022, a |
28 | transportation network company that receives an offset pursuant to subsection (iii) of this section |
29 | or an access provider that receives funding pursuant to subsection (vi) of this section shall submit |
30 | a report to the division. The report shall include, but shall not be limited to, all of the following: |
31 | (A) The number of WAV rides requested. |
32 | (B) The number of WAV rides fulfilled. |
33 | (C) Data detailing the response time between when a WAV ride was requested and when |
34 | the vehicle arrived. |
| LC004006 - Page 5 of 7 |
1 | (D) Information regarding educational outreach to disability communities, including, but |
2 | not limited to, information and promotion of availability of WAVs for wheelchair users. |
3 | (E) A detailed description of expenditures or investments, as applicable. |
4 | (ix) The division shall establish yearly benchmarks for TNCs and access providers to |
5 | meet to ensure WAV users receive continuously improved, reliable, and available service. These |
6 | benchmarks shall include, but are not limited to, response times, percentage of trips fulfilled |
7 | versus trips requested, and number of users requesting rides versus community WAV demand for |
8 | each geographic area. |
9 | (2) Report to the general assembly by January 1, 2023, on compliance with the section |
10 | and on the effectiveness of the on-demand transportation programs or partnerships funded |
11 | pursuant to this section. The report shall include, but not be limited to, all of the following: |
12 | (i) A study on the demand for WAVs, including demand according to time of day and |
13 | geographic area. |
14 | (ii) An analysis of the reports required to be submitted by access providers receiving |
15 | funding pursuant to subsection (1)(vi) of this section. |
16 | (iii) The availability of unallocated funds in the access fund, including the need to |
17 | reassess access fund allocations. |
18 | (iv) An analysis of current program capabilities and deficiencies, and recommendations |
19 | to overcome any identified deficiencies. |
20 | SECTION 2. This act shall take effect on July 1, 2020. |
======== | |
LC004006 | |
======== | |
| LC004006 - Page 6 of 7 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC UTILITIES - TRANSPORTATION NETWORK COMPANY | |
SERVICES - WHEELCHAIR LIFT EQUIPMENT VEHICLES | |
*** | |
1 | This act would require ride sharing services to provide wheelchair lift equipment vehicles |
2 | as part of their fleet and establish a program relating to accessibility for persons with disabilities, |
3 | including wheelchair users who need a wheelchair-accessible vehicle, in unserved or underserved |
4 | geographic areas of the state. |
5 | This act would take effect on July 1, 2020. |
======== | |
LC004006 | |
======== | |
| LC004006 - Page 7 of 7 |