BILL ANALYSIS Ó
AB 400
Page 1
Date of Hearing: March 23, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Frazier, Chair
AB
400 (Alejo) - As Introduced February 19, 2015
SUBJECT: Department of Transportation: changeable message
signs
SUMMARY: Requires, prior to June 30, 2016, the California
Department of Transportation (Caltrans) to update its policies
regarding changeable message signs, as prescribed.
Specifically, this bill:
1)Requires Caltrans to update its internal policies to allow the
following specific types of changeable message signs displays:
a) Safety messages;
b) Transportation-related messages;
c) Reminders to register to vote; and,
d) Reminders to vote as elections approach.
1)Defines "changeable message sign."
2)Provides that this bill's provisions are not intended to alter
the requirements of the Emergency Alert System or the Amber
Plan, as specifically referenced.
EXISTING
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LAW:1)
1)Directs Caltrans, based on consultation with local agencies
and after holding public hearings, to adopt and publish rules
and regulations prescribing uniform traffic control standards.
Caltrans publishes these rules, regulations, and standards in
the California Manual on Uniform Traffic Control Devices
(California MUTCD).
2)Provides that only those official traffic control devices that
conform to the California MUTCD may be placed on a street or
highway.
3)Establishes the Emergency Alert System, nicknamed "Amber
Alert," which may be activated if a law enforcement agency
receives a report of a child abduction and the victim is in
imminent danger of serious bodily injury or death, and there
is information available that, if disseminated to the general
public, could assist in the safe recovery of the victim.
4)Establishes the "Blue Alert" notification system, designed to
issue and coordinate alerts if a law enforcement officer has
been killed or is seriously injured by a suspect who has fled
the scene and poses an imminent threat to public safety.
5)Establishes a "Silver Alert" notification system, designed to
issue and coordinate alerts if a person age 65 or older is
missing; includes developmentally disabled or cognitively
impaired persons on the list of persons who qualify under the
"Silver Alert" notification system.
FISCAL EFFECT: Unknown
COMMENTS: Existing federal law requires all states to follow
the federal Manual on Uniform Traffic Control Devices (MUTCD),
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or to at least substantially comply with it. The federal MUTCD
prescribes standards for signs, signals, and pavement markings
throughout the nation. California has adopted its own MUTCD,
which has been approved by federal officials as being
"substantially in compliance" with the federal MUTCD.
In California, development of the California MUTCD is the
responsibility of the California Traffic Control Devices
Committee (CTCDC). The CTCDC is convened and chaired by
Caltrans and the committee's membership includes eight voting
members representing the California Highway Patrol, the League
of California Cities, the California State Association of
Counties, and auto clubs. Meetings of the CTCDC serve as
requisite public hearings prior to promulgating rules related to
traffic signs, signals, and pavement markings.
Both the federal and California MUTCDs include provisions
governing changeable message signs. These provisions stipulate
that changeable message signs have a large number of
applications, including but not limited to:
1)Incident management and route diversion;
2)Warning of adverse weather conditions;
3)Special event applications associated with traffic control or
conditions;
4)Control at crossing situations;
5)Lane, ramp, and roadway control;
6)Priced or other types of management lanes;
7)Travel times;
8)Warning situations;
9)Traffic regulations;
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10)Speed control; and,
11)Destination guidance.
Both the federal and the California MUTCD also limit the use of
changeable message signs to traffic operations, regulatory,
warning and guidance information. The use of changeable message
signs for advertising is prohibited; however, safety- and
transportation-related messages such as, "DON'T DRINK AND
DRIVE," "SEAT BELT BUCKLED?," and "OZONE ALERT CODE RED - USE
TRANSIT" are authorized.
According to the author, the record low voter turnout in the
2014 statewide primary election is evidence that California is
facing a "democracy crisis when it comes to the civic
participation of its voters." The author further asserts that
the means by which the state can outreach to voters has become
increasingly constrained because of the current fiscal climate.
The author has introduced this bill to increase civic engagement
by displaying election-related reminders on changeable message
signs for motorists to read.
Generally, Caltrans' policy relative to signs is to minimize the
number of signs whenever possible in part, to avoid "sign
information overload" which can interfere with motorist ability
to assimilate information and respond properly and safely to
roadway situations. In fact, both the federal and California
MUTCD provide that, "Traffic control devices or their supports
shall not bear any advertising message or any other message that
is not related to traffic control." According to the Federal
Highway Administration, "This position is founded on safety and
operational concerns, particularly as related to driver
distraction. Highway signs and other traffic control devices
convey crucial information. In order for road users to perceive
and respond appropriately to critical information, we must make
sure that its conspicuity is preserved so that the safe and
orderly movement of traffic is not compromised."
Application of these standards has not always been consistent,
however. Changeable message signs are regularly used to notify
motorists of abducted persons via "Amber Alerts" or missing
persons via "Silver Alerts," which are not technically
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transportation or safety related. Last summer, Caltrans used
the signs to caution against wasting water because of
California's severe drought conditions. Moreover, Caltrans
applied to the Federal Highway Administration (FHWA) in 2008 for
a waiver to allow California to sell advertising on its
changeable message signs as a way to raise revenue, despite the
policy concerns regarding driver distractions. (FHWA never
approved the waiver request.) And along those same lines, the
Legislature passed (and the Governor signed) SB 853 (Committee
on Budget and Fiscal Review), Chapter 27, Statutes of 2014,
requiring Caltrans to report to the Legislature by January 10,
2015, on the subject of advertising on electronic changeable
message signs on the state highway system, and on the
feasibility of a pilot project in that regard, including
estimates of revenue. Caltrans has not yet submitted this
report.
Committee concerns: The committee is concerned that displaying
non transportation- or safety-related messages will lessen the
effectiveness of the changeable message signs and reduce the
safety benefits the signs otherwise provide.
Furthermore, this bill follows in the precedent set by last
year's use of changeable message signs for non-transportation or
emergency messages. Caltrans justified the use of the signs for
drought-related messages because they were related to a state of
emergency declared by the Governor. However, that precedent
(and this bill if it is successful) could lead to the use of the
signs for other, equally admirable efforts, for example,
encouraging motorists to donate blood, read books to children,
or develop healthy lifestyles. A proliferation of these other
types of messages would further reduce the effectiveness of the
changeable message signs on motorist safety.
Technical amendment: The bill specifically provides that
nothing in its requirements to use changeable message signs for
voter-related messages should be construed to alter the
requirements of the Emergency Alert system, commonly referred to
as the Amber Alert system. The bill should be amended to
specify that voter-related messages should also not interfere
with the Blue Alert system.
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Previous legislation: The author introduced an identical bill
in 2012, AB 1722. AB 1722 failed to secure sufficient votes for
passage in this Committee.
SB 853 (Committee on Budget and Fiscal Review), Chapter 27,
Statutes of 2014, required Caltrans to report to the Legislature
by January 10, 2015, on the subject of advertising on electronic
changeable message signs on the state highway system, and on the
feasibility of a pilot project in that regard, including
estimates of revenue. Caltrans has not yet delivered the
report.
REGISTERED SUPPORT / OPPOSITION:
Support
Honorable Alex Padilla, California Secretary of State
Opposition
None on file
Analysis Prepared
by: Janet Dawson / TRANS. / (916) 319-2093
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