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
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|Author: |Cannella |
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|Version: |2/27/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Erin Riches |
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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:
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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:
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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
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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.
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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.
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