BILL ANALYSIS Ó
AB 400
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CONCURRENCE IN SENATE AMENDMENTS
AB
400 (Alejo)
As Amended August 31, 2015
Majority vote
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|ASSEMBLY: |59-21 |(April 20, |SENATE: |27-10 |(September 2, |
| | |2015) | | |2015) |
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Original Committee Reference: TRANS.
SUMMARY: Requires, prior to June 30, 2016, the California
Department of Transportation (Caltrans) to update its policies
regarding changeable message signs, as prescribed.
The Senate amendments:
1)Condition the use of changeable message signs for
election-related messages upon a request of the Secretary of
State and upon federal approval; prohibit the use of
changeable message signs for election-related messages if
doing so would jeopardize federal transportation funds.
2)Limit election-related messages to no more than two days prior
to, and on the last day to, register to vote or in advance of
a general election, statewide primary election, or statewide
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special election.
3)Direct Caltrans to give preference to emergency alert messages
and transportation-related messages over election-related
messages on the changeable message signs.
AS PASSED BY THE ASSEMBLY, this bill:
1)Required 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)Provided 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 Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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. 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."
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
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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 (Budget and
Fiscal Review Committee), 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.
Analysis Prepared by:
Janet Dawson / TRANS. / (916) 319-2093 FN:
0001911
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