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
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:
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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
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
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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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