BILL ANALYSIS Ó AB 400 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 400 (Alejo) As Amended August 31, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |59-21 |(April 20, |SENATE: |27-10 |(September 2, | | | |2015) | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 400 Page 2 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. AB 400 Page 3 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 AB 400 Page 4 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 AB 400 Page 5