BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: sb 1418
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  wiggins
                                                         VERSION:  
          2/19/2010
          Analysis by: Mark Stivers                      FISCAL:  yes
          Hearing date: April 20, 2010








          SUBJECT:

          Highway call boxes and motorist aid services

          DESCRIPTION:

          This bill makes a number of changes to the statute governing  
          service authorities for freeway emergencies.

          ANALYSIS:

          Under current law, a county board of supervisors and the city  
          councils of a majority of the cities having a majority of the  
          population of cities within the county may establish a service  
          authority for freeway emergencies.  In the larger regions, the  
          regional transportation agency may function as the service  
          authority for any member county whose board of supervisors and  
          majority of cities so authorize.  

          A service authority for freeway emergencies may impose a fee of  
          $1 per year on vehicles registered in the county.  The authority  
          must use these funds for the implementation, maintenance, and  
          operation of a system of call boxes on freeways, expressways,  
          unincorporated county roads, and state highway routes that  
          connect these roads.  The Department of Transportation  
          (Caltrans) and the California Highway Patrol (CHP) must each  
          review and approve plans for implementation of a system of call  
          boxes proposed for any state highway route and receive  
          reimbursement from the service authority for all costs incurred  
          due to review and approval of the plan.  

          If the funds from the $1 vehicle registration fee exceed the  




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          amount needed to implement, maintain, and operate the call box  
          system, the authority may use the excess funds to provide  
          additional motorist aid services or support, including, but not  
          limited to: 

           Changeable message signs.
           Lighting for call boxes.
           Support for traffic operations centers.
           Freeway service patrols.

           This bill makes a number of changes to state law governing  
          service authorities for freeway emergencies.  Specifically, the  
          bill:

           Deletes the requirement that an authority operate and fund a  
            system of call boxes.
           Requires an authority to spend its funds on implementation,  
            maintenance, and operation of systems, projects, and programs  
            to aid and assist motorists, including, but not limited to, a  
            call box system, freeway service patrol, mobile roadside  
            assistance systems, intelligent transportation systems,  
            incident management programs and coordination, traveler  
            information system programs, and support for traffic operation  
            centers.
           Allows an authority to charge a fee of up to $2 per vehicle in  
            the county, in $1 increments.  
           Provides that an authority's amendment to its existing call  
            box plan is deemed approved if Caltrans and CHP do not reject  
            the amendment within 120 days of receipt.
           Allows the Bay Area's Metropolitan Transportation Commission  
            (MTC), in counties where it functions as the authority, to  
            place call boxes in parking or roadway areas in state and  
            federal parks where telecommunication services are  
            unavailable, provided that MTC and the park administrator  
            agree.  
           Limits the applicability of Americans with Disabilities Act  
            (ADA) requirements to call boxes, as opposed to the entire  
            motorist aid system.
          
          COMMENTS:

           1.Purpose of the bill  .  According to the author, demands on  
            service authority programs have increased due to additional  
            congestion and changing technologies, and the existing $1  
            service authority fee no longer provides sufficient funding  
            for authorities to a maintain existing successful programs,  




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            address increasing demand for motorist aid services, and take  
            advantage of new technologies to reach a more diverse customer  
            base.   Moreover, service authorities have limited authority  
            to implement a broader range of motorist aid services to meet  
            evolving needs.  This bill seeks to address these problems by  
            allowing a $2 fee per vehicle and by providing more  
            flexibility on what services an authority may fund. 

            In addition, the author is interested in making it easier to  
            install call boxes at state and federal park facilities.  Over  
            the past few years, a number of drowning and other accidents  
            have occurred at state beaches along the Sonoma Coast where  
            pay phones have been removed and there is no cell coverage.   
            Had call boxes been available, witnesses could have called in  
            the emergency, and emergency crews could have arrived much  
            sooner.  This bill makes clear that MTC may install and  
            operate call boxes at such remote parks.  

           2.Allows increased fees and funding  .  The current authorization  
            for a service authority to charge a $1 fee on each vehicle  
            registered in the county has existed unchanged since 1986.  A  
            1986 dollar is now worth fifty-one cents.  Allowing services  
            authorities to increase fees to $2 per vehicle will add an  
            incremental cost to the registration of a vehicle but provide  
            additional revenue to maintain and improve services to  
            motorists.  
           
          3.Allows the elimination of call boxes without state input  .   
            While this bill allows an authority to maintain call boxes, it  
            makes call boxes only one of many different types of motorist  
            aid services an authority may choose to offer.  In essence,  
            then, this bill removes the requirement that a service  
            authority operate and maintain a system of call boxes before  
            operating other services.  This change would make it easier  
            for service authorities to eliminate call boxes.  

            Under current law, an authority may, with the approval of  
            Caltrans and the CHP, amend its call box plan to reduce the  
            number of call boxes it operates.  The authority, however,  
            must fully fund the call box plan before funding other  
            services.  By giving authorities the flexibility not to fund  
            their own call box plan, this bill effectively allows  
            authorities to reduce the number of or eliminate call boxes  
            without having to amend its plan with state approval.  

            As cell phone use increases, the use of call boxes has  




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            diminished.  MTC provided committee staff with a chart  
            demonstrating that the annual total of call box calls in the  
            Bay Area has fallen from a high of 216,000 in 1996 to 29,000  
            in 2009, an 87% decrease, while the number of call boxes  
            declined only 27% during that same time period.  Nonetheless,  
            29,000 persons in the Bay Area alone represents a large number  
            of callers that did not have access to a cell phone in their  
            time of need.  Given that service authorities may already  
            amend their call box plans with state approval to reduce the  
            number of call boxes, the committee may wish to consider  
            maintaining the requirement for service authorities to operate  
            and maintain those call boxes that remain in the plan before  
            offering other services.  
          
           4.ADA language  .  This bill includes a provision that applies  
            federal ADA requirements only to a call box network and not to  
            any other portion of a motorist aid system.  First, the state  
            cannot create an exemption to federal law.  Second, while it  
            is likely that ADA would not be relevant to some parts of a  
            motorist aid system (for example, traveler information  
            systems), there may be other portions of a system to which ADA  
            should apply to ensure access for all users.  The committee  
            may wish to consider removing this change from the bill.  

           5.Arguments in opposition  .  Opponents argue that motorists are  
            already overburdened with hidden vehicle fees and should not  
            be subjected to further increases in the cost of vehicle  
            ownership unless they elect to tax themselves.   

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,
                     April 14, 2010)

               SUPPORT:  Metropolitan Transportation Commission (sponsor)
                         California State Association of Counties

               OPPOSED:  California New Car Dealers Association