CPUC Makes TNC Data Available to the Public and Creates Framework for Access for All Compliance
The California Public Utilities Commission (CPUC) today brought greater transparency to the regulation of Transportation Network Companies (TNCs, such as Lyft and Uber), allowing for improved planning for local jurisdictions. The CPUC also created a framework for compliance with the TNC Access for All Act.
In a unanimous decision, the CPUC determined that TNCs can only keep confidential certain portions of their annual reports to the CPUC. TNCs can request to make certain portions confidential by submitting a publicly noticed request for confidentially, including documented arguments and evidence in support of that request, which the CPUC would consider.
“TNCs are now a mainstream transportation service. With today’s vote the CPUC will apply the same confidentiality procedures used with other regulated businesses to TNCs,” said Commissioner Genevieve Shiroma, who is assigned to the proceeding. “The information made available to local jurisdictions will provide for essential analyses to support smart growth and transportation planning. These efforts will support reducing local jurisdictions’ greenhouse gas burden.”
Added CPUC President Marybel Batjer, “Times have changed since the CPUC made its decision to treat TNC data as confidential. TNCs now play a sizeable role in our economy and the everyday lives of Californians across the state, which will only increase as these companies evolve and incorporate automation. This data will provide necessary transparency into TNC operations while maintaining the privacy of individual users. This information is essential for the State, local governments, and the public to ensure that TNCs are operating with the highest safety standards, and to mitigate impacts on traffic congestion, transportation systems, and greenhouse gas emissions.”
In 2013, a CPUC decision allowed TNCs to submit their annual reports required by the CPUC on a confidential basis. The presumption of confidentiality was acknowledged at a time when TNCs were a nascent transportation service, and the CPUC accepted the representations that failure to grant confidentiality to the annual reports, particularly the disaggregated data contained therein, might compromise sensitive information and place the compliant TNCs in an unfair competitive advantage. Today’s decision removes the presumption of confidentiality and requires TNCs to publicly request CPUC approval if they seek to file any part of their reports confidentially.
The proposal voted on is available at: http://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M326/K933/326933637.PDF.
Separately, the CPUC established a framework for implementation of the TNC Access for All Act by setting requirements for TNC accessibility investments and for the distribution of funds to access providers.
The TNC Access for All Act (SB 1376, Hill) requires TNCs to provide services accessible to persons with disabilities through online-enabled applications or platforms, with a primary focus on wheelchair users who require a wheelchair accessible vehicle. The CPUC today established several criteria for TNCs, including demonstrating the presence and availability of drivers of wheelchair accessible vehicles and achieving certain trip response times for wheelchair accessible vehicle rides.
“Our decision today on accessible TNC service is a significant step to providing parity and greater opportunity for people who have wheelchair accessibility needs,” said Commissioner Shiroma.
“The targets that we’re asking the TNCs to hit here are aggressive, and I welcome that,” said Commissioner Martha Guzman Aceves. “We should be aggressive about ensuring that disabled people have access to the same services as anyone. The TNCs have proven themselves to be extraordinarily nimble and innovative; I have every confidence that they’ll meet these targets.”
The TNC Access for All proposal voted on is available at http://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M326/K933/326933422.PDF.
The CPUC regulates services and utilities, safeguards the environment, and assures Californians’ access to safe and reliable utility infrastructure and services. For more information on the CPUC, please visit www.cpuc.ca.gov.
###