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