BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: AB 400 Hearing Date: 6/23/2015 ----------------------------------------------------------------- |Author: |Alejo | |----------+------------------------------------------------------| |Version: |6/17/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Alison Dinmore | |: | | ----------------------------------------------------------------- SUBJECT: Voting-related messages on changeable message signs DIGEST: This bill requires the Department of Transportation (Caltrans), subject to federal approval, to update its internal policies to permit changeable message signs (CMSs) to display specific types of messages. ANALYSIS: Existing law: 1)Requires all states to adopt 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, markings, and other devices used to guide traffic on streets and highways throughout the country. California has adopted its own MUTCD, which has been approved by federal officials as being "substantially in compliance" with the federal MUTCD. 2)Provides that traffic control devices or their supports shall not bear any advertising message or any other message that is not related to traffic control. 3)Provides that only those traffic control devices that conform to the California MUTCD may be placed on a street or highway. 4)Establishes the Emergency Alert System, also known as "AMBER Alert," which may be activated if a law enforcement agency AB 400 (Alejo) Page 2 of ? receives a report of a child abduction, the victim is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of the victim. 5)Establishes the Blue Alert System, a quick-response system that provides immediate information to the public about violent suspects following a violent attack upon a law enforcement officer. This bill: 1)Requires Caltrans, prior to June 30, 2016, subject to federal approval, to update its internal policies to allow CMSs to display the following messages: a) Safety messages. b) Transportation-related messages. c) Reminders to register to vote, not more than 14 days prior to the deadline to register to vote in a particular statewide general, primary, or special election. d) Reminders to vote as elections approach, not more than 14 days prior to a particular statewide general, primary, or special election. 1)Defines "changeable message sign" as an electronic sign on a roadway with a changeable message typically used to alert motorists of traffic conditions, unusual weather conditions, emergencies, or other events. 2)States that nothing in this bill shall change the requirements of the Emergency Alert System, AMBER Alert, or Blue Alert System. The department shall give priority to the display of emergency alerts over authorized voting-related messages. 3)Prohibits Caltrans from displaying any information on a CMS authorized under this bill unless the U.S. Department of Transportation or related federal agency has expressly approved the display of the information. If Caltrans is advised that the display of information authorized under this bill will result in the reduction of federal aid highway funds to the state, the display of the information shall not be made. COMMENTS: AB 400 (Alejo) Page 3 of ? 1)Purpose of the bill. According to the author, the 2014 statewide primary election saw a record low voter turnout since 1946 at 18.3%. AB 400 will use an existing state infrastructure to increase motorists' awareness of the important civic duty of participating in our state's democracy. Adding upcoming voter registration deadlines and Election Day reminders to the list of other currently allowed messaging is an innovative way to use the state's technology to increase civic engagement. 2)California and federal MUTCD. Federal law requires all states to adopt the federal MUTCD, or to be in substantial compliance with it. California has adopted its own MUTCD, which has been approved by federal officials as being "substantially in compliance" with the federal MUTCD. In California, the MUTCD is developed by the Traffic Control Devices Committee (CTCDC). The CTCDC is convened and chaired by Caltrans and the committee is comprised of eight voting members representing the California Highway Patrol, the League of California Cities, the California State Association of Counties, and auto clubs. CTCDC meetings serve as required public hearings prior to the promulgation and adoption of rules related to traffic signs, signals, and pavement markings. The federal and California MUTCDs contain provisions that regulate CMS. These provisions state that CMSs have a large number of applications, including but not limited to: a) Incident management and route diversion; b) Warning of adverse weather; c) Special event applications associated with traffic control or conditions; d) Control at crossing situations; e) Lane, ramp and roadway control; f) Priced or other types of management lanes; g) Travel times; h) Warning situations; i) Traffic regulations; j) Speed control; and aa) Destination guidance. Both the federal and the California MUTCDs limit the use of CMSs to traffic operations, regulatory, warning, and guidance information, and use of CMSs for advertising is expressly AB 400 (Alejo) Page 4 of ? prohibited. Safety- and transportation-related messages, however, such as, "DON'T DRINK AND DRIVE," "SEAT BELT BUCKLED?," and "OZONE ALERT CODE RED - USE TRANSIT" are authorized. These messages are on a schedule set by Caltrans. The federal and California MUTCDs also specify that a CMS may be used to display a safety, transportation-related, emergency homeland security, or AMBER Alert message and the display format shall not be of a type that could be considered similar to advertising displays. In California, the CMSs are utilized for AMBER, Silver, and Blue Alerts. Additionally, following the Governor's State of Emergency declaration regarding the drought, the CMS have been used to display drought-related messages. 1)Federal preemption. Federal law requires all states to comply with the federal MUTCD, or to be substantially compliant with it. The Federal highway Administration (FHWA) would likely find inclusion of voting-related messages on CMS to be out of compliance with the federal MUTCD. To utilize the CMS for voting-related messages, Caltrans must seek a waiver from the federal government, which is unlikely to be granted. Additionally, if Caltrans were to use the CMS as required in this bill without the receipt of a waiver, the FHWA would be authorized by federal law to withhold 10% of the transportation funds California receives from the federal government. This amounts to $350 million (or 10% of $3.5 billion). This bill requires Caltrans to obtain federal approval before the display of any voting-related messages or other information that is not authorized under federal law. It also prohibits Caltrans from displaying any voting-related messages if the federal government advises that display of those messages will result in the loss of federal funds. 2)Distracted driving. CMSs are limited in scope to providing important traveler-related information in limited circumstances. Caltrans policy is to minimize the number of signs whenever possible to prevent "sign information overload," which can interfere with drivers' ability to process information and drive safely. In fact, both the federal and California MUTCD provide that, "Traffic control devices or their supports shall not bear any advertising AB 400 (Alejo) Page 5 of ? message or any other message that is not related to traffic control." For example, messages about drunk driving are on set schedules shortly before holidays in which drunk driving is traditionally elevated, such as New Year's Eve, St. Patrick's Day, and the Fourth of July. Caltrans also seeks to keep the signs blank whenever possible to prevent distracted driving. Expanding the use of CMS to uses beyond traveler information may increase distracted driving, reduce safety on California highways, and reduce the effectiveness of safety messages. 3)Slippery slope. This bill sets a precedent for using CMSs for other than their intended purposes: traffic operations, regulatory, warning, and guidance information. This bill also uses the CMSs outside their specified uses for safety, transportation-related, emergency homeland security, or AMBER Alerts. Supporters of this bill may point to the existing exceptions for the use of CMSs, which include AMBER Alerts and drought-related messages. AMBER Alerts are expressly authorized under federal law to be displayed on CMSs. Drought-related messages were permitted following the Governor's declaration of a state of emergency, which the FHWA considers a "homeland security use." Expanding CMS use to voting-related messages does not fall within any of the intended purpose or uses. This may lead to use of the signs for other non-transportation-, safety-, or homeland security-related purposes that are equally admirable, such as donating blood, volunteering in one's community, and reading to children. This bill will set a precedent that could further reduce the effectiveness of the CMSs on motorist safety. 4)CMS locations in California. While there are 816 CMS in California, not all counties possess them. In fact, five counties (Glenn, Modoc, Sierra, Sutter, and Trinity) have no CMS signs, and another five (Alpine, Butte, Calaveras, Inyo, and Yuba) have only one. On the other hand, Los Angeles County contains 122, Orange County contains 72, San Diego County contains 59, Santa Clara contains 25, Riverside contains 24, Contra Costa contains 17, Placer contains 19, Merced contains 17, Humboldt contains 4, and San Benito contains 3. Assembly Votes: AB 400 (Alejo) Page 6 of ? Floor: 59-21 Appr: 11-5 Trans: 13-2 Related Legislation: AB 8 (Gatto, 2015) - establishes the Yellow Alert notification system and authorizes the California Highway Patrol (CHP) to activate the system for certain hit-and-run incidents and display messages on the CMS. This bill will also be heard in this committee today. AB 643 (Nazarian, 2015) - allows CHP, upon activation of a Silver Alert, to communicate the Alert on highway CMS under certain conditions. This bill will also be heard in this committee today. SB 853 (Committee on Budget and Fiscal Review, Chapter 27, Statutes of 2014) - required Caltrans to report to the Legislature by January 10, 2015, on the subject of advertising on electronic CMSs 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. AB 1722 (Alejo, 2012) - would have required Caltrans to update its internal policies to permit CMSs to display specific types of messages, including reminders to register vote and to register to vote. This bill failed in the Assembly Transportation Committee. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, June 17, 2015.) SUPPORT: California School Employees Association, AFL-CIO Mexican American Legal Defense and Educational Fund AB 400 (Alejo) Page 7 of ? Mi Familia Vota Nonprofit VOTE Secretary of State Alex Padilla OPPOSITION: None received -- END --