Amendment #619 to H5150

TNC Fees

Ms. Ciccolo of Lexington moves to amend the bill by adding the following four sections:

"SECTION XX.  Chapter 29, as so appearing, is hereby further amended by inserting after section 2HHHHH the following section:-

Section 2IIIII. (a) There shall be established and set up on the books of the commonwealth a fund to be known as the Transit Authority Fund. The fund shall be credited any monies transferred under section 12 of chapter 159A½ and all monies credited to or transferred to the fund from any other fund or source. Expenditures from the fund shall be subject to appropriation; provided, that 50 per cent of the funds received shall be appropriated for the Massachusetts Bay Transportation Authority; and provided further, that 50 per cent of the funds received shall be appropriated for the regional transit authorities organized under chapter 161B or predecessor statutes.

SECTION XX. Section 2 of chapter 159A½, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) A transportation network company and driver shall not, unless approved to do so by the division, raise base fares, impose additional charges or otherwise increase the price that a rider is charged for transportation network services, including by imposing surge pricing or other formulas based on increased demand, during a federal or governor-declared state of emergency.

SECTION XX. Said chapter 159A½, as so appearing, is hereby further amended by adding the following 2 sections:-

Section 12. (a) There shall be a Transportation Infrastructure Enhancement Trust Fund. The director of the division shall be the trustee of the Fund and shall expend money in the fund to address the impact of transportation network services. There shall be credited to the Fund: (i) any per-ride assessment collected pursuant to subsection (b); and (ii) any interest earned on money in the Fund. Amounts credited to the Fund shall be expended by the director pursuant to subsections (c) and (d) without further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

(b) Annually, not later than February 1, each transportation network company shall submit to the director of the division the number of rides, broken down by shared rides and non-shared rides, including the number of luxury rides, from the previous calendar year that originated within each city or town and a per-ride assessment. The per-ride assessment shall be as follows: (i) a shared ride shall have a per-ride assessment of $0.20; and (ii) a non-shared ride shall have a per-ride assessment of $1.20; provided, that a luxury ride shall have an additional per-ride assessment of $1.00; and provided further, that the per-ride assessment shall be based upon the pre-arranged ride, as offered by the transportation network company and selected by therider; provided however, the per-ride assessment shall not apply to a pre-arranged ride requested or selected by a rider who has requested or selected the pre-arranged ride through a program established to provide transportation network services to individuals who are eligible for paratransit services. A transportation network company shall not charge a transportation network rider or a transportation network driver for the cost of the per-ride assessment.

(c) From the funds received from the per-ride assessment of shared and non-shared rides, the division shall: (i) proportionately distribute 25 per cent to a city or town based on the number of shared and non-shared rides from the previous calendar year that originated within that city or town to address the impact of transportation network services on municipal roads, bridges and other transportation infrastructure or any other public purpose substantially related to the operation of transportation network services in the city or town including, but not limited to, the complete streets program established in section 1 of chapter 90I and other programs that support alternative modes of transportation; (ii) distribute 25 per cent to the Commonwealth Transportation Fund established in section 2ZZZ of chapter 29; provided, that the division shall annually distribute $6,000,000 from the Fund to the Massachusetts Development Finance Agency, established in section 2 of chapter 23G, to provide financial assistance to small businesses operating in the taxicab, livery or hackney industries to encourage the adoption of new technologies and advanced services, safety and operational capabilities and support workforce development; and (iii) distribute 50 per cent to the Transit Authority Fund, established in section 2IIIII of chapter 29.

(d) From the funds received from the additional per-ride assessment for luxury rides, pursuant to subsection (b), the division shall annually: (i) proportionately distribute 50 per cent of the amount received to a city or town based on the number of luxury rides from the previous calendar year that originated within that city or town to address the impact of transportation network services on municipal roads, bridges and other transportation infrastructure or any other public purpose substantially related to the operation of transportation network services in the city or town including, but not limited to, the complete streets program established in section 1 of chapter 90I and other programs that support alternative modes of transportation; and (ii) distribute 50 per cent to the Commonwealth Transportation Fund, established in section 2ZZZ of chapter 29.

(e) By December 31 of each year in which a city or town receives a disbursement of more than $25,000 from the Fund, that city or town shall submit a report to the director of the division that details the projects and the amount used or planned to be used for transportation-related projects as described in subsections (c) and (d).

By December 31 of the year in which a city or town receives a cumulative total of more than $25,000 in disbursements from the Fund since its last report to the director of the division, that city or town shall submit a report to the director of the division that details the projects and the amount used or planned to be used for transportation-related projects as described in subsections (c) and (d) for each disbursement from the Fund since the city or town’s last report to the director of the division.

For a city or town whose cumulative total disbursements from the Fund have not exceeded $25,000 in the 5 years since its last report to the director of the division, that city or town shall submit a report to the director of the division by December 31 of the fifth year since its last report to the director of the division. That report shall detail the projects and the amount used or planned to be used for transportation-related projects as described in subsections (c) and (d) for each annual disbursement from the Fund since the city or town’s last report to the director of the division.

The division shall withhold future disbursements from the Fund from any city or town that does not comply with the reporting requirements of this subsection. The withheld funds shall be disbursed when the city or town complies with the requirements of this subsection.

On an annual basis, the director shall compile the reports and post the projects and amounts of money expended on the website of the division.

SECTION XX. Subsection (c) of section 12 of said chapter 159A½, as appearing in section 20, is hereby amended by striking out the words “; provided, that the division shall annually distribute $6,000,000 from the Fund to the Massachusetts Development Finance Agency, established in section 2 of chapter 23G, to provide financial assistance to small businesses operating in the taxicab, livery or hackney industries to encourage the adoption of new technologies and advanced services, safety and operational capabilities and support workforce development”.

Additional co-sponsor(s) added to Amendment #619 to H5150

TNC Fees