San Francisco Taxi Workers Alliance
August 25, 2016
Governor Jerry Brown State Capitol Suite 1173 Sacramento, CA 95814
AB 2763 Veto Request Dear Governor Brown, The San Francisco Taxi Workers Alliance respectfully requests that you veto AB 2763, which changes the definition of “personal vehicle” to allow drivers for Transportation Network Companies (TNCs) to rent or lease vehicles primarily and exclusively for commercial purposes. This will cause extreme damage to the environment and undermine the California Public Utilities Commission’s rulemaking proceedings on this subject. The bill contradicts the rationale for creating this special, exempted category of for hire transportation by eliminating “the primary difference between TNCs and TCP vehicles” as stated in its Decision 13-‐09-‐045: “TNC drivers drive their own personal vehicles” and “the difference between a TCP licensed vehicle and a TNC is that unlike a limousine, a TNC vehicle is not purchased primarily for a commercial purpose”. This violates the guarantees of Equal Protection of the Laws contained in the California and US Constitutions, as it creates two groups that provide essentially the same service to the same custumers, but are subject to very different rules that impose additional costs and burdens to one but not the other. This bill also seeks to circumvent the CPUC’s rulemaking process. After the Commission had solicited comments on this subject and proposed a minimum four month lease to qualify as “a personal vehicle”, AB 2763 was “gut and amended” at the last minute by the committee chair, and voted on the following week , giving little notice for opposing arguments. This bill flew through the legislature because of the enormously financed lobbying efforts of Uber and Lyft, with the support of GM, Hertz, Enterprise and others who profit from adding more autos to the roads. Another round of comments has been solicited on this issue, but the Commission would be preempted from acting on them should AB 2763 become law. Although Lyft and Uber claim to take vehicles off the road, they are in fact doing exactly the opposite. Since TNC drivers don’t have the normal costs or regulations of running a taxi or a TCP vehicle, cars that would otherwise be parked are now cruising around or staging in populated areas, making themselves available for hire. These companies offer incentives for people without cars to buy or rent them, and to work full-‐time.
2940 16th St. # 313, San Francisco, CA 94103 415-864-8294 *
[email protected] * www.sftwa.org * labor donated
There has been no official EIR on the impact of TNCs, but we would like to draw your attention to the shocking environmental changes that have occurred since January 2013, when the CPUC rescinded its cease and desist orders on Uber and Lyft. This resulted in an unlimited number of vehicles congesting our roads and even coming from across the state. The San Francisco Treasurer has identified 37,000 TNC drivers in San Francisco alone, a high percentage of them are fulltime drivers. This compared to less than 4,500 active cabdrivers, many of whom are part-‐time, in fewer than 2,000 hybrid and alternative fuel taxis. There are an estimated 180,000 TNC drivers in California and this number is growing. In 2012 GPS developer TomTom’s annual traffic index listed San Francisco as the 6th most congested city in the US. By 2015 San Francisco became the 2nd most congested, next to Los Angeles. A study from the San Francisco Transportation Authority Congestion Management Program from 2007 to 2015 shows average peak period traffic speeds remaining steady and even increasing at times, until 2013, when they sharply dropped 18% over the next two years, by the end of 2015. In 2013 the San Francisco Bay Area wasn’t even listed in the American Lung Association’s 25 most polluted regions. Two years later, in 2015, it was seventh in year-‐round particle pollutants, and this year it’s become number six. We know from advertisements and social media chat that drivers are renting and buying second vehicles for TNC use, so as not to wear out their true “personal vehicle”. Some drivers are buying several cars and renting them out as TNCs. Not only are TNCs not taking cars off the road, but in conjunction with GM, Toyota and rental car companies, they are marketing to those without vehicles. This bill will also allow multiple drivers on the same vehicle, placing them on the road potentially 24 hours a day. This runs directly counter to California’s efforts to protect the environment by reducing greenhouse gas emissions. Aside from the devastating environmental impact this bill will create if passed into law, and the contradictory regulatory standards it creates, AB 2763 also opens the door wider to predatory lending practices which are already occuring on a widespread level. We would like to request a meeting to discuss these concerns in further detail. Thank you for your consideration of this important matter. Respectfully, Barry Korengold The San Francisco Taxi Workers Alliance 2940 16th Street, #313 San Francisco, CA 94103
[email protected]