BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 400


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          ASSEMBLY THIRD READING


          AB  
          400 (Alejo)


          As Amended  March 26, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |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                  |                     |
          |                |      |                      |                     |
          |                |      |                      |                     |
           -------------------------------------------------------------------- 


          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:  









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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."  









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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