This attempt to avoid the hard question will probably make the policy ineffective. The with-passenger rates are already high enough that drivers make well above minimum wage at 100% utilization. When the effective wage (with-passenger rate times utilization rate) is higher than the market wage, drivers enter the market, driving down the utilization rate until the effective wage equals the market wage. If the policy is only changing the with-passenger rate, the utilization rate will just drop until the effective wage equals the market wage.
The rule establishes regular reviews to adjust minimum fares accounting for utilization rates, so Uber will have to try and keep utilization high. (They're expected to impose driver caps the same as what they have in NYC.)