BILL ANALYSIS                                                                                                                                                                                                    Ó



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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,    |
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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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