BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 400|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 400
Author: Alejo (D)
Amended: 8/31/15 in Senate
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 9-2, 6/23/15
AYES: Beall, Cannella, Allen, Galgiani, Leyva, McGuire,
Mendoza, Roth, Wieckowski
NOES: Bates, Gaines
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 59-21, 4/20/15 - See last page for vote
SUBJECT: Department of Transportation: changeable message
signs
SOURCE: Author
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.
Senate Floor Amendments of 8/31/15 reduce the number of days for
which changeable message signs may be used for reminders to
register to vote, as requested by the California Secretary of
State. These amendments also reduce the number of days for
which CMSs may be used for reminders to vote, as requested by
the Secretary of State. Additionally, these amendments add
"safety messages and transportation-related messages" to the
types of messages that may take priority over voting-related
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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
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.
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c) Reminders to register to vote, as requested by the
California Secretary of State, not more than two days prior
to, and on the last day to register to vote in a particular
statewide general election, statewide primary election, or
statewide special election conducted pursuant to the
Elections Code.
d) Reminders to vote, as requested by the Secretary of
State, as elections approach, not more than two days prior
to, and election day of, a particular statewide general
election, statewide primary election, or statewide special
election conducted pursuant to the Elections Code.
2)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.
3)States that nothing in this bill shall change the requirements
of the Emergency Alert System, AMBER Alert, or Blue Alert
System. Caltrans may give priority to the display of
emergency alerts, safety messages, and transportation-related
messages over authorized voting-related messages.
4)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
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.
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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 CMSs. These provisions state that CMSs have a large
number of applications, including, but not limited to:
Incident management and route diversion;
Warning of adverse weather;
Special event applications associated with traffic control or
conditions;
Control at crossing situations;
Lane, ramp and roadway control;
Priced or other types of management lanes;
Travel times;
Warning situations;
Traffic regulations;
Speed control; and
Destination guidance.
Both the federal and the California MUTCDs limit the use of CMSs
to traffic operations and regulatory, warning, and guidance
information, and use of CMSs for advertising is expressly
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
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AMBER, Silver, and Blue Alerts. Additionally, following the
Governor's State of Emergency declaration regarding the drought,
the CMSs have been used to display drought-related messages.
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.
CMS locations in California. While there are 816 CMSs in
California, not all counties possess them. In fact, five
counties (Glenn, Modoc, Sierra, Sutter, and Trinity) have no
CMSs, 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 County contains 25, Riverside County
contains 24, Contra Costa County contains 17, Placer County
contains 19, Merced County contains 17, Humboldt County contains
4, and San Benito County contains 3.
Prior Legislation
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.
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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 vote and to register to vote.
AB 1722 failed in the Assembly Transportation Committee.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/31/15)
Secretary of State Alex Padilla
California School Employees Association, AFL-CIO
Mexican American Legal Defense and Educational Fund
Mi Familia Vota
Nonprofit VOTE
OPPOSITION: (Verified8/31/15)
None received
ASSEMBLY FLOOR: 59-21, 4/20/15
AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown,
Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina
Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray,
Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine,
Linder, Lopez, Low, Mathis, McCarty, Medina, Mullin, Nazarian,
O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas,
Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber,
Wilk, Williams, Wood, Atkins
NOES: Travis Allen, Bigelow, Brough, Chang, Dahle, Beth Gaines,
Gallagher, Gatto, Grove, Harper, Jones, Kim, Lackey,
Maienschein, Mayes, Melendez, Obernolte, Patterson, Steinorth,
Wagner, Waldron
Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
9/1/15 21:30:37
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