Amendment ID: S2371-14-R2
2nd Redraft Amendment 14
Local Licensing Process
Messrs. Rush and Boncore move to amend the amendment by inserting after Section 10 the following new sections:-
SECTION [10A]. The provisions of sections [10B], [10C], [10D] and [10E] shall only apply to municipalities with a population of over 180,000 people, upon local approval, based on the most recent United States decennial census.
SECTION [10B].
(a) Definitions. As used in this section, the following terms shall have the following meanings:
“Trip” means each instance in which a transportation network company driver picks up a transportation network rider located in the Commonwealth.
“Per Trip Fee” means a fee paid to the municipality for each pick-up in that given municipality. The fee shall be no more than $0.25 per trip.
“Quarterly Fee” means the product of the following: (i) the number of trips conducted by transportation network drivers in one calendar quarter, and (ii) the per trip fee.
“Municipality” as defined by section 3A of chapter 23A.
SECTION [10C]. Notwithstanding any general or special law to the contrary, a city or town, with a population of over 250,000 people, based on the most recent United States decennial census, with the approval of the mayor where required by law, may require a transportation network company to obtain a certificate of operation prior to operating in the municipality; provided that any transportation network company operating in the municipality before the effective date of this section may continue to operate in the municipality until the municipality establishes a certification process and determines whether to grant the transportation network company a certificate of operation. A municipality may also set a per trip fee and impose a requirement to pay such fee as a condition of said certificate of operation. The transportation network company shall obtain a certificate of operation from the municipality on a form prescribed by the municipality, which shall be valid for a period of one year. A transportation network company that has been issued a certificate of operation by the municipality pursuant to this section may continue operating until the municipality determines whether to renew the certificate of operation, provided that the transportation network company submits a renewal application at least seven days before the expiration of the current certificate of operation. The municipality shall determine whether to grant or renew a certificate of operation within seven days from the date that the transportation network company submits its application. Except for the fee authorized by this section a municipality shall not charge a transportation network company an application or renewal fee.
The following shall be the exclusive conditions of a municipal certificate of operation:
(a)A transportation network company shall maintain an active permit from the division;
(b)A transportation network company shall provide anonymized, aggregated data which may include, without limitation, average, median, and standard deviation of historical travel times and distances between traffic analysis zones, aggregated by zone and hour, each as mutually agreed upon in good faith by the transportation network company and the requesting municipality, to a requesting municipality solely to assist a municipality in planning and addressing the following various transportation-related issues: including, but not limited to traffic, pedestrian safety, parking, the availability of disabled-accessible vehicles, and the equitable availability of transportation options across neighborhoods and populations in the municipality. A transportation network company shall not be required to provide a municipality with personally identifiable information of riders or transportation network drivers in providing data pursuant to this subsection.
(c)A transportation network company shall, within 30 days after the close of any calendar quarter, submit its “per trip fee” payment report to the municipality for the previous quarter (the “quarterly report”). The quarterly report shall contain the total number of trips that originated in the municipality during the reporting period.
(d)A transportation network company shall pay a quarterly fee to the municipality, which shall constitute a total of the per trip fee assessed for each pick-up within the municipality within the relevant reporting period. The quarterly fee is due, in full, to the municipality, within 30 days after the close of any calendar quarter. All payments hereunder, including monthly fees, shall be paid in lawful money of the United States of America, free from all claims, demands, setoffs, or counterclaims of any kind. The municipality shall provide the transportation network company with instructions for wire transfer or online electronic payment.
The municipality may suspend, revoke, or not renew a transportation network company’s certificate of operation only for its non-compliance with any provision of this section; provided that, the municipality shall not suspend, revoke, or not renew a certificate of operation unless it first provides the transportation network company written notice and a reasonable time period, in no event fewer than 30 calendar days, to take corrective steps to remedy the violation. No transportation network company shall be subject to these penalties if it takes corrective steps to remedy the violation within this time period. In the event of any suspension, revocation, or denial of a renewal application, the municipality shall provide notice of the reasons for its action, as well an opportunity for a hearing, within 7 days of taking such action. Hearings shall be conducted in accordance with the provisions of section 11 of chapter 30A, except that paragraphs 7 and 8 of said section 11 shall not apply to such hearings.
SECTION [10D]. Any records or data inspected or reviewed by the municipality or any subdivision or agency thereof under sections 10A through 10D are designated confidential and shall not be disclosed to a third party including other government entities without the prior written consent of the transportation network company, and shall not be considered a public record as that term is used in clause twenty-sixth of section 7 of chapter 4 or chapter 66. Nothing in this subsection shall be construed as limiting the applicability of any other exemptions under chapter 66 and clause twenty-sixth of section 7 of chapter 4.
SECTION [10E]. A municipality that chooses to accept the provision of this section shall not be entitled to receive money from the Municipal Transportation Infrastructure Trust Fund.