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  
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          |Author:   |Alejo                                                 |
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          |Version:  |6/17/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Alison Dinmore                                        |
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          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  







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            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:









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          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  








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            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  








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            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:








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            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 








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          Mi Familia Vota
          Nonprofit VOTE
          Secretary of State Alex Padilla

          OPPOSITION:

          None received

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