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 ?