BILL ANALYSIS Ó
AB 400
Page 1
ASSEMBLY THIRD READING
AB
400 (Alejo)
As Amended March 26, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+----------------------+---------------------|
|Transportation |13-2 |Frazier, Achadjian, |Kim, Melendez |
| | |Baker, Campos, Chu, | |
| | |Daly, Dodd, Eduardo | |
| | |Garcia, Gomez, | |
| | |Linder, Medina, | |
| | |Nazarian, O'Donnell | |
|----------------+------+----------------------+---------------------|
|Appropriations |11-5 |Gomez, Bonta, |Bigelow, Chang, |
| | |Calderon, Daly, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, Weber, | |
| | |Wood | |
| | | | |
| | | | |
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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:
AB 400
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1)Requires Caltrans to update its internal policies to allow the
following specific types of changeable message signs displays:
safety messages; transportation-related messages; reminders to
register to vote; and, reminders to vote as elections approach.
2)Defines "changeable message sign."
3)Provides that this bill's provisions are not intended to alter
the requirements of the Emergency Alert System, the Amber Plan,
or the Blue Alert System, as specifically referenced.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, "Minor direct fiscal impact to Caltrans to use the
signs for additional messages."
COMMENTS: Existing federal law requires all states to follow the
federal Manual on Uniform Traffic Control Devices (MUTCD), 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.
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Both the federal and California MUTCDs include provisions
governing changeable message signs and both 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."
AB 400
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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, 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 last year and
again this year by the 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.
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Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by:
Janet Dawson / TRANS. / (916) 319-2093 FN:
0000154