BILL ANALYSIS Ó AB 400 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 400 (Alejo) - As Amended March 26, 2015 ----------------------------------------------------------------- |Policy |Transportation |Vote:|13 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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 Page 4 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