BILL ANALYSIS Ó AB 707 Page 1 Date of Hearing: April 29, 2013 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair AB 707 (Ting) - As Amended: May 1, 2013 SUBJECT : Vehicle: pedestrian signage SUMMARY : Deletes conditions that must be met before a local authority can be required to post "SENIOR" pedestrian warning signs. Specifically, this bill: 1)Deletes the condition that a local authority cannot be held responsible for posting "SENIOR" pedestrian warning signs unless it has received private funding to cover the costs of the sign. 2)Permits a local jurisdiction to erect a SENIOR pedestrian warning sign after making a determination that the proposed signing should be implemented. 3)Specifies that a local jurisdiction may request grant funding from the Pedestrian Safety Account to cover the costs of "SENIOR" pedestrian warning signs. 4)Authorizes local authorities to utilize any other grant funds, including private donations, to pay for SENIOR pedestrian warning signs. 5)Makes related, conforming changes. EXISTING LAW : 1)Specifies a prima facie speed limit of 25 miles per hour (mph) when passing a senior center or other facility primarily used by senior citizens that is next to a street other than a state highway and when standard "SENIOR" pedestrian warning signs are posted. 2)Provides that a local authority is not required to erect the standard "SENIOR" pedestrian warning sign until: 1) it receives donations from a private source to cover the cost of the signage; and, 2) until the local authority determines the sign should be erected. AB 707 Page 2 3)Authorizes a local authority to pay for the costs of erecting the "SENIOR" pedestrian warning sign utilizing other funds. 4)Establishes the Pedestrian Safety Account in the State Transportation Fund for expenditure by the California Department of Transportation (Caltrans) for competitive grants to address pedestrian needs. FISCAL EFFECT : Unknown COMMENTS : The author has introduced this bill to improve pedestrian safety near senior centers and senior facilities. The need to make improvements is, unfortunately, supported by a report from the Office of Traffic Safety that indicates pedestrian fatalities for persons age 65 and older increased 4.6 percent from 2010. By specifically stating that local authorities are not required to place signs until two conditions are met (i.e., receipt of private funds for the signs and a determination that signs should be implemented), existing law effectively shields local authorities from tort claims arising from the lack of "SENIOR" pedestrian warning signs. Consequently, local authorities who do not place the signs (with or without private funding sources) remain protected. By removing the condition that local jurisdictions receive private funding and instead making the use of private funds one of several funding options available to local jurisdictions, the bill effectively removes the tort claim "shield" and increases pressure on local jurisdictions to erect more SENIOR pedestrian warning signs. Additionally, this bill also specifically authorizes local authorities to utilize other grant funds, private funds, and specifically calls for the use of Pedestrian Safety Account funds as a potential means of financial relief from resultant costs. It is important to note, however, that the Pedestrian Safety Account is not currently in use because it has not been funded for over a decade. Increasing the number of "SENIOR" pedestrian warning signs that are placed will have additional safety implications. Once the signs are placed, existing law provides that the prima facie speed limit in areas near senior centers and senior facilities will be 25 mph. Consequently, the bill will provide two-fold benefits to pedestrian safety: an increased proliferation of AB 707 Page 3 visual warnings to drivers of nearby senior pedestrian crossings and potentially lower speeds limits to slow traffic down in these areas. Previous legislation : AB 2522 (Shelly) Chapter 833, Statutes of 2000, enacted the Pedestrian Safety Act of 2000 which, among other things, established the Pedestrian Safety Account in the State Transportation Fund to be available, upon appropriation, for allocation by Caltrans to local governmental agencies approved for grants to undertake pedestrian safety improvement projects, including projects designed to improve facilities for pedestrians and bicyclists in areas where need has been demonstrated by high pedestrian injuries or fatalities. REGISTERED SUPPORT / OPPOSITION : Support California Alliance for Retired Americans (co-sponsor) California Walks (co-sponsor) United Seniors of Oakland and Alameda County Opposition None on file Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319- 2093