BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: SB 632 Hearing Date: 4/14/2015 ----------------------------------------------------------------- |Author: |Cannella | |----------+------------------------------------------------------| |Version: |2/27/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Erin Riches | |: | | ----------------------------------------------------------------- SUBJECT: Prima facie speed limits: schools DIGEST: This bill authorizes a local authority to establish a 15 mph prima facie speed limit in a school zone. ANALYSIS: Existing law: Establishes a speed limit of 25 mph when approaching or passing a school building or school grounds. This speed limit applies while children are entering or exiting during school hours or the noon recess period; in cases of school grounds that are not separated from the highway by a fence, gate, or other physical barriers, while the grounds are in use by children; and where the highway is posted with a standard "SCHOOL" warning sign. This sign may be posted at any distance up to 500 feet away from school grounds. Authorizes a local authority to establish by ordinance or resolution a prima facie speed limit of 20 mph or 15 mph if it finds, based on an engineering and traffic survey, that the 25 mph limit is more than is reasonable or safe. Authorizes a local authority to establish a prima facie speed limit of 15 mph in a residence district, on a highway with a posted speed limit of 30 mph or slower, under the following circumstances: SB 632 (Cannella) Page 2 of ? 1.Within 500 feet of, or passing, a school building or school grounds when children are entering or exiting during school hours or the noon recess period; the building or grounds are contiguous to a highway; and the highway is posted with a school warning sign that indicates a speed limit of 15 mph. 2.Within 500 feet of, or passing, school grounds that are in use by children; are not separated from the highway by a fence, gate, or other physical barrier; and the highway is posted with a school warning sign that indicates a speed limit of 15 mph. Authorizes a local authority to establish a prima facie speed limit of 25 mph in a residence district, on a highway with a posted speed limit of 30 mph or slower, under the following circumstances: 1.Within 500 feet to 1,000 feet of a school building or school grounds when children are entering or exiting during school hours or the noon recess period; the building or grounds are contiguous to a highway; and the highway is posted with a school warning sign that indicates a speed limit of 25 mph. 2.Within 500 feet to 1,000 feet of school grounds that are in use by children; are not separated from the highway by a fence, gate, or other physical barrier, and the highway is posted with a school warning sign that indicates a speed limit of 25 mph. Requires the local authority to base the new speed limit on an engineering and travel survey. Provides that these prima facie speed limits shall apply only to a highway with a maximum of two lanes, and shall apply to all lanes in both directions. Requires the local authority to post the maximum 30 mph prima facie speed limit immediately before and after the school zone. Provides that the new speed limit shall not take effect until appropriate signs are erected upon the highway. Provides that, in the case of a state highway, the new speed limit shall not take effect until the state Department of Transportation (Caltrans) approves the ordinance. This bill: SB 632 (Cannella) Page 3 of ? Authorizes a local authority to establish a prima facie speed limit of 15 mph or 25 mph in a residence district, on a highway with a posted speed limit of 30 mph or slower, within 1,320 feet of a school building or school grounds that are contiguous to a highway or school grounds that are not separated from the highway by a fence, gate, or other physical barrier. Authorizes a local authority, upon the basis of an engineering and travel survey documenting school attendance boundaries and/or travel patterns to and from a school, to extend the maximum distance to establish a prima facie speed limit and school warning signs to a distance and/or specific locations that are consistent with the survey findings. COMMENTS: 1.Purpose. The author states that existing law, which authorizes speed limit reductions within 500 to 1,000 feet of a school, does not reflect actual pedestrian or bicycle access or use patterns and is inconsistent with the state's Health in All Policies initiative. Walking and biking rates to and from schools have declined because school administrators and parents are concerned about traffic safety, driver behavior, and speeding. The author states that by allowing cities and counties to extend school zone speed limits to 1,320 feet (one-quarter mile), or even further based on travel survey findings, this bill can help make existing Safe Routes to School programs more effective and help increase walking and biking rates. 2.24/7 school zones? Existing law provides that a school zone speed limit is effective "while children are entering or exiting during school hours or the noon recess period." By removing this restriction, this bill authorizes a city or county to establish 24-hour, 7-days-a-week school zones. Moreover, by authorizing a city or county to extend the maximum distance of a school zone to an unspecified distance based on an engineering or travel survey, this bill raises the question of whether cities and counties could establish multiple overlapping school zones for neighboring schools, effectively creating one long school zone. 3.Changing behavior or punishing it? In October 2009, the Senate Transportation and Housing Committee and the Assembly SB 632 (Cannella) Page 4 of ? Transportation Committee held a joint information hearing called "Setting Speed Limits in California." A speed limit is generally set at or near the 85th percentile of the prevailing speed (i.e., the speed which is exceeded by 15% of motorists) as measured by an engineering and traffic survey. This is based on the assumption that the majority of motorists drive at a speed that is reasonable and prudent for roadway and vehicular conditions. The background paper notes that "speed limits depend on voluntary compliance by the majority of drivers. Speed limits that are set arbitrarily low would make violators out of the majority of drivers and may cause drivers to disregard the limit altogether." By potentially authorizing 15 mph speed limits 24 hours a day in school zones, this bill raises the question of whether drivers would merely start ignoring the speed limit, as compared to a speed limit that is tied to school hours. 4.Opposition arguments. Writing in opposition to this bill, Safer Streets L.A. notes that California Highway Patrol data indicate that no collisions occurred between 2002 and 2014 attributable to motorists violating speed limits in school zones. Safer Streets L.A. further argues that a recent Texas Transportation Institute project found that vehicle speeds increase as the relative distance of the school zone increases, meaning a longer school zone could have the unintended consequence of increased vehicle speeds and therefore less safe school zones. 5.An issue for the CTCDC? Existing law requires Caltrans, after consultation with local agencies and public hearings, to adopt rules and regulations prescribing uniform standards and specifications for traffic control devices in the state. Caltrans established the California Traffic Control Devices Committee (CTCDC) to fulfill this mandate. The CTCDC reviews rules and regulations and makes recommendations to the Caltrans director, who ultimately adopts and publishes rules and regulations in the California Manual of Uniform Traffic Control Devices. The committee is made up of representatives from Caltrans, the California Highway Patrol, and local governments, and also consults with technical advisors. Writing in opposition to this bill, the Automobile Club of Southern California recommends that this issue be delegated to the CTCDC, which has the expertise to evaluate and determine appropriate school zoning from an engineering standpoint. SB 632 (Cannella) Page 5 of ? Last year, the CTCDC reviewed school crossings, signage before and after a school zone, and the definition of "when children are present." The committee may wish to consider holding this bill and directing the CTCDC to review distances and effective periods of school zones. Related Legislation: SB 564 (Cannella), which will also be heard by this committee today, would impose an additional $35 fine for specified violations occurring in school zones and would direct revenue from the fine to the state's Active Transportation Program. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes POSITIONS: (Communicated to the committee before noon on Wednesday, April 8, 2015.) SUPPORT: Safe Routes to School National Partnership (Sponsor) Alliance for Community Research and Development California State Association of Counties Contra Costa County Board of Supervisors OPPOSITION: Amalgamated Transit Union Automobile Club of Southern California California Construction Trucking Association California Teamsters Public Affairs Council National Motorists Association Safer Streets L.A. -- END -- SB 632 (Cannella) Page 6 of ?