BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                   AB 529|
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                                 THIRD READING

          Bill No:  AB 529
          Author:   Gatto (D), et al.
          Amended:  8/18/11 in Senate
          Vote:     21

          AYES:  DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal, 
            Pavley, Simitian
          NO VOTE RECORDED:  Rubio

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  77-0, 5/19/11 - See last page for vote

           SUBJECT  :    Speed limits

           SOURCE  :     Author

           DIGEST  :    This bill requires the Department of 
          Transportation to revise its regulations so that state and 
          local authorities have greater flexibility in setting speed 
          limits on roads under their jurisdictions.

           Senate Floor Amendments  of 8/18/11 add double jointing 
          language with AB 345 (Atkins), 2011-12 Session.
          Senate Floor Amendments  of 7/11/11 clarify that the bill 
          makes no changes to the Department of Transportation's 
          (Caltrans') processes for establishing traffic control 


                                                                AB 529

           ANALYSIS  :    Existing California law requires Caltrans 
          after consultation with local agencies and public hearings, 
          to adopt rules and regulations that prescribe uniform 
          standards and specifications for traffic control devices, 
          including the posting of speed limits.  Caltrans adopts 
          these rules as the California Manual on Uniform Traffic 
          Control Devices (MUTCD), which among other things, 
          prescribes the process for setting speed limits in this 

          Speed limits are generally -- in California and elsewhere 
          -- set in accordance with engineering and traffic surveys, 
          which measure prevailing vehicular speeds and establish the 
          limit at or near the 85th percentile (i.e., the speed that 
          15 percent of motorists exceed).  California law uses the 
          85th percentile 
          to set speed limits, except in cases where:

          1. The limit is set in state law, such as the 65 miles per 
             hour (MPH) limit on divided highways, 55 MPH on an 
             undivided highway, 25 MPH in residence districts, and 25 
             MPH in school zones; or 

          2. An engineering and traffic survey shows that other 
             safety-related factors suggest a lower speed limit to be 
             appropriate.  These safety-related factors are accident 
             data; highway, traffic, and roadway conditions not 
             readily apparent to the driver; residential density; and 
             pedestrian and bicyclist safety.  Based on these 
             safety-related factors, Caltrans regulations permit a 
             local jurisdiction to reduce a speed limit by 5 MPH from 
             the 85th percentile. 

          In cases where the 85th percentile speed is not an 
          increment of 5 MPH, the MUTCD directs a jurisdiction to 
          round to nearest 5 MPH increment.  Thus, if the survey 
          shows an 85th percentile speed of 34 MPH, the jurisdiction 
          must set the speed limit at 35 MPH.  The jurisdiction may 
          lower that speed limit by 5 MPH (i.e., to 30 MPH) if it 
          identifies and documents a safety-related factor.  The 
          jurisdiction cannot, however, lower the speed limit by more 
          than 5 MPH, regardless of additional safety factors.



                                                                AB 529

          This bill: 

          1. Requires that Caltrans revise the MUTCD to require 
             Caltrans and local authorities to round speed limits to 
             the nearest 5 MPH of the 85th percentile speed.  

          2. Allows, in instances where Caltrans or the local 
             authority should round up to reach the nearest 5 MPH, 
             that Caltrans or the local authority may instead round 
             down but then may not reduce the posted speed limit by a 
             5 MPH increment for a safety-related factor.  (Thus in 
             the example above where the 85th percentile speed is 34 
             MPH, the authority may set a speed limit of 30 MPH, but 
             may not also further reduce that speed by an additional 
             5 MPH due to a safety factor). 

          3. Clarifies that this bill makes no changes to Caltrans' 
             processes for establishing traffic control devices.

          4. Contains double jointing language with AB 345 (Atkins).

          The author's office notes that prior to 2004, a local 
          government could set speed limits within 5 MPH of the 85th 
          percentile, which allowed local governments to round speed 
          limits down.  In 2004, Caltrans changed the wording of the 
          MUTCD so that an authority setting speed limits not 
          prescribed in statute should set those speed limits at the 
          nearest 5 MPH increment of the 85th percentile and so that 
          an authority had to provide written demonstration of the 
          safety-related factor to lower that speed limit by an 
          additional 5 MPH due to that factor.  In 2009, Caltrans 
          changed its MUTCD again to require, rather than just 
          recommend, that a state or local authority set speed limits 
          to the nearest 5 MPH increment.  

          The author's office notes that Caltrans made the change 
          from "within" to the "nearest" 5 MPH increment in 
          anticipation of change in the federal rules that guide the 
          process states use to set speed limits.  The author's 
          office notes that the change in the federal rules never 
          came to fruition.  Further, the proponents report that 
          local governments have found providing written evidence of 



                                                                AB 529

          a safety-related factor to satisfy the courts that speed 
          limits need to be lowered has proven difficult and costly.  
          The idea, however, of raising speed limits remains onerous 
          to city councils and local authorities.  The author's 
          office introduced this bill to give local governments the 
          authority to round up or down to a 5 MPH increment.

           Informational hearing  .  During the 2009-10 legislative 
          session, speed limit bills failed passage in both the 
          Senate Transportation and Housing Committee and the 
          Assembly Transportation Committee.  As a result, in the 
          fall of 2009, the two committees held a joint informational 
          hearing entitled, "Setting Speed Limits in California."  
          The committees heard substantive testimony demonstrating 
          that the majority of motorists (85 percent) will drive at a 
          rate of speed at which they feel safe and that speed limits 
          serve a coordinating function by reducing dispersion in 
          driving speed and the risk of conflict between vehicles. 

          The committees also heard evidence that artificially 
          lowering speed limits below the 85th percentile does not 
          reduce speeds but instead only increases violations and can 
          create a speed trap, a method by which municipalities may 
          raise revenue but which are illegal under California law.  
          Witnesses presented further evidence at the joint hearing 
          that showed increased enforcement, combined with traffic 
          calming measures (center islands, curb extensions, speed 
          humps, etc.), was the most effective method of changing 
          driver behavior and reducing driver speed.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/22/11)

          Cities of El Cajon, Glendale, Lemoore, Long Beach, 
            Pasadena, Santa Rosa, and Thousand Oaks
          Glendale Police Department
          League of California Cities
          Peace Officers Research Association of California
          Ventura County Sheriff's Office

           OPPOSITION  :    (Verified  8/22/11)



                                                                AB 529

          Department of Transportation

           ASSEMBLY FLOOR  :  77-0, 5/19/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, 
            Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, 
            Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, 
            Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, 
            Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, 
            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Alejo, Gorell, Grove

          JJA:kc  8/22/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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