BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 400


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          Date of Hearing:  April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          400 (Alejo) - As Amended March 26, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires Caltrans, by June 30, 2016, to update its  
          internal policies to allow the following types of messages on  
          changeable message signs:









                                                                     AB 400


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          1)Safety messages.


          2)Transportation-related messages.


          3)Reminders to register to vote.


          4)Reminders to vote as elections approach.


          FISCAL EFFECT:


          Minor direct fiscal impact to Caltrans to use the signs for  
          additional messages. (See Comment #3 below regarding risk of  
          federal funding.)


          COMMENTS:


          1)Purpose. According to the author, given the record low voter  
            turnout in the 2014 statewide primary election and the state's  
            limited means to outreach to voters, he has introduced this  
            bill to increase civic engagement by displaying  
            election-related reminders on Caltrans electronic changeable  
            message signs.



          2)Background. Existing federal law requires all states to follow  
            the federal Manual on Uniform Traffic Control Devices (MUTCD),  
            which 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.








                                                                     AB 400


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            Both the federal and the California MUTCD 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, but safety- and  
            transportation-related messages such as, "DON'T DRINK AND  
            DRIVE," "SEAT BELT BUCKLED?," and "OZONE ALERT CODE RED - USE  
            TRANSIT" are authorized.





            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  
            transportation- or safety-related.  Last summer, and even  
            recently, Caltrans has used the signs to caution against  
            wasting water due to California's severe drought conditions.  
            Caltrans justified the use of the signs for this purpose as  
            being related to a state of emergency declared by the  
            Governor.



          3)Federal Funding at Risk? The issue presented by the above  
            examples, and by this bill, is to what extent an  
            ever-expanding variety of non-traffic related messages will  
            (a) lessen the effectiveness of all messages and thus reduce  
            the traffic-safety benefits of the signs or (b) run so far  
            afoul of federal MUTCD standards such that the state would be  
            deemed out of compliance with the standards; thus risking a  
            significant portion of federal highway funding for California  
            and federal funding to furnish and install additional  
            changeable message signs. 









                                                                     AB 400


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          4)Prior Legislation. In 2012, AB 1722 (Alejo), a substantially  
            similar bill, failed passage in Assembly Transportation.



            SB 853 (Committee on Budget and Fiscal Review)/Chapter 27 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.





          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081