Budget Amendment ID: FY2021-S4-53-R1
Redraft OTH 53
TNC Fees
Messrs. Boncore and Crighton, Ms. Rausch, Ms. Chang-Diaz, Ms. Moran, Messrs. Kennedy and Collins moved that the proposed new text be amended by inserting after Section 30 the following 2 sections:-
“SECTION 30A. Section 1 of chapter 159A½, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Division” the following 2 definitions:
“For-hire transportation trip”, a ride, in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network as a single passenger between points chosen by the passenger, regardless of the number of stops; provided, however, that “for-hire transportation trip” shall not include transportation provided by, or pursuant to a contract with, a state agency or an institution.
“Pooled ride”, a for-hire transportation trip in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network to share the ride with 1 or more passengers that separately request transportation and are each charged the same predetermined amount per ride or are billed independently for a ride in an amount that is proportionate to the transportation they receive, regardless of whether the passenger actually shares all or part of the ride.
SECTION 30B. Section 2 of said chapter 159A½, as so appearing, is hereby amended by striking out subsections (d) and (e) and inserting in place thereof the following 2 subsections:-
(d) A transportation network company shall provide clear and conspicuous transportation fare estimates to riders at all times, including during surge pricing, high volume and demand times. Fare estimates shall include a clear rate estimate or the amount of price increase resulting from surge pricing or increased demand and shall show the price difference between the cost of a pooled ride and a single-occupancy ride.
(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 a governor-declared state of emergency.”; and
by inserting after section 40 the following 3 sections:-
SECTION 40A. Section 8 of chapter 187 of the acts of 2016 is hereby amended by striking out subsections (b) and (c) and inserting in place thereof the following 2 subsections:-
(b) Annually, not later than February 1, each transportation network company shall submit to the director of the division established in section 23 of chapter 25 of the General Laws the number of rides from the previous calendar year that originated in each city or town and the amount collected from rider assessments. Annually, not later than June 30, the director shall post on the division’s website the aggregate number of rides from the previous calendar year originating within each city or town.
A rider assessment shall be charged as follows:
(i) three per cent of net rider fares for a pooled ride, as defined in said section 1 of said chapter 159A1/2;
(ii) seven per cent of the net rider fare for a non-pooled ride, as defined in said section 1 of said chapter 159A1/2;
(iii) three per cent of the net rider fare for a pre-arranged ride that is provided by a zero- emission vehicle; and
(iv) an additional 3 per cent of the net rider fare for a pre-arranged ride described in clause (ii) that is initiated Monday to Friday, inclusive, between the hours of 7:00 a.m. and 9 a.m, inclusive, or 4 p.m. and 6 p.m, inclusive.
The cost of any rider assessment charged to the passenger shall be clearly and conspicuously displayed to a passenger prior to initiation of the ride.
(c) The division shall: (i) proportionately distribute 25 per cent of the amount received from the fund to a city or town based on the number of rides from the previous calendar year that
originated within that city or town that shall be expended by the city or town to address the impact of transportation network services on municipal roads, bridges and transportation infrastructure or to otherwise alleviate congestion or improve transportation options, including pedestrian infrastructure, bicycle infrastructure, water transportation, public transit or other public purpose substantially related to transportation including, but not limited to, the complete streets program established in section 1 of chapter 90I of the General Laws and other programs that support alternative modes of transportation; and (ii) distribute 75 per cent of the amount collected to the Commonwealth Transportation Fund established in section 2ZZZ of chapter 29 of the General Laws.
SECTION 40B. Clause (iii) of subsection (b) of said section 8 of said chapter 187 is hereby repealed.
SECTION 40C. Sections 9, 10, 17 and 18 of said chapter 187 are hereby repealed”; and by inserting after section 57 the following section:-
“SECTION 57A. Section 40B shall take effect on July 31, 2024”.