Amended  IN  Assembly  April 08, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2809

Introduced by Assembly Member Haney

February 15, 2024

An act to add and repeal Article 4 (commencing with Section 22435) to of Chapter 7 of Division 11 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2809, as amended, Haney. Vehicles: automated speed enforcement.
Existing law establishes a basic speed law that prohibits a person from driving a vehicle upon a highway at a speed greater than is reasonable or prudent given the weather, visibility, traffic, and highway conditions, and in no event at a speed that endangers the safety of persons or property. Existing law also prohibits driving in excess of a posted speed limit, as specified. Existing law makes it a violation of the basic speed law to drive in excess of a reduced speed limit posted in a road construction zone, as specified. Existing law temporarily authorizes a speed safety pilot program in certain cities using automated speed enforcement systems, as specified.
This bill would require the Secretary of Transportation to develop guidelines for the implementation of a state highway work zone speed safety program using automated speed enforcement systems, as specified. The bill would authorize the Department of Transportation to establish a state highway work zone speed safety program in accordance with those guidelines. The bill would require the department, if a program is established, to prepare and submit a report to the Legislature, as specified. The bill would require any moneys generated from the issuance of the citations to be deposited in the Safe Highway Work Zone Account, created in the State Transportation Fund, and for the moneys to be allocated, upon appropriation by the Legislature, to the Department of Transportation for administration of the program. The provisions of the bill would become inoperative on July 1, 2030.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Speed is a major factor in traffic collisions that result in worker fatalities or injuries in state highway work zones.
(b) California should do everything possible to protect the safety and well-being of construction workers who build and maintain our state’s vital infrastructure systems. While contractors, unions, and agencies are doing everything in their power to keep workers safe, highway construction zones continue to be hazardous areas, where workers are at high risk of injury or death due to fast-moving vehicles.
(c) Construction workers should not have to put their lives at risk to maintain and build our state’s roads and highways. Yet, that is the reality for thousands of women and men who go to work on our highways every day.
(d) Automated Speed Enforcement speed enforcement is a proven, sensible, and effective strategy to improve the safety and health of workers and roadway users as they navigate roadway construction work zones. It will help save lives, reduce injuries, and provide a safer environment for our highway construction workers, and drivers.

SEC. 2.

 Article 4 (commencing with Section 22435) is added to Chapter 7 of Division 11 of the Vehicle Code, to read:
Article  4. State Highway Work Zone Speed Safety Program

22435.
 As used in this article, the following definitions shall apply:
(a) “Individual with low income” means an individual with a household income less than 125 percent of the federal poverty level or who receives CalFresh benefits, Supplemental Security Income (SSI), or Medi-Cal benefits.
(b) “Public safety vehicle” means an authorized emergency vehicle, as defined in Section 165.
(c) “Speed safety system” means a fixed or mobile radar or laser system or any other electronic device that utilizes automated equipment to detect a violation of speeding laws and is designed to obtain a clear photograph, video recording, or other visual image of a vehicle license plate.
(d) “State highway work zone” means a state highway construction or maintenance area, during any time when traffic is regulated or restricted through or around that area pursuant to Section 21367.

22436.
 (a) On or before July 1, 2025, the Secretary of Transportation shall develop and adopt guidelines for the implementation of the program described in Section 22437 that, in the judgment of the secretary, is designed to promote the reduction of worker speed-related fatalities and injuries in state highway work zones by authorizing the use of speed safety systems. The secretary shall convene at least two public workshops to receive and consider public comments regarding draft guidelines prior to adoption, and shall post the draft guidelines on the Transportation Agency’s internet website at least 30 days before the first public workshop.
(b) In developing the guidelines, the secretary shall do all of the following:
(1) Consult, at a minimum, with the Department of Transportation, the Department of the California Highway Patrol, and relevant stakeholder organizations. The secretary shall also consider and incorporate best practices from speed enforcement camera systems operational guidelines from the National Highway Traffic Safety Administration.
(2) Work collaboratively with privacy stakeholders to consider and adopt guidelines regarding privacy and use of data, including, but not limited to, all of the following:
(A) The specific purpose for the system, the uses that are authorized and uses that are prohibited, the rules and processes required prior to that use, including policies on the data or information that can be collected, individuals who have access to that data, and provisions for protecting, retaining, and disposing of that data.
(B) A prohibition against the use of facial recognition technology.
(C) The confidentiality of photographic, video, or other visual or administrative records made by a speed safety system. Notwithstanding the California Public Records Act or any other law, these records shall be confidential and shall only be used or accessed for the purposes authorized by this article or to assess the impact of the use of speed safety systems.
(D) The confidentiality of any information received from the Department of Motor Vehicles.
(E) The allowable uses for information collected and maintained, including the administration of the state highway work zone speed safety system program and compliance with state or federal law, court order, or subpoena in an individual case or proceeding.
(3) Work collaboratively with economic justice groups to ensure consideration of the fiscal impacts of the program on individuals with low income. For any civil penalties established under the program, a diversion program shall be offered to individuals with low income who are assessed a fine under the program, which may include the option to pay applicable fines, fees, and penalties over time under a payment program, enroll in a community service program in lieu of payment, and the establishment of reduced fines, fees, and penalties for qualifying individuals with low income.
(4) Determine procedures for issuing, contesting, and paying citations, and the amount of the citation. Notwithstanding any other law, a violation of Section 22350, or any other speed law, that is recorded by a speed safety system shall be subject only to a civil penalty, in a total amount, including any additional fees, not to exceed two hundred dollars ($200), and shall not result in the Department of Motor Vehicles suspending or revoking the privilege of a violator to drive a motor vehicle or in a violation point being assessed against the violator. The procedures for contesting a citation shall include an opportunity for a hearing, and the procedures for payment of the civil penalties shall be consistent with the considerations described in paragraph (3).
(5) Evaluate and include best practices on speed safety system placement, speed thresholds, public notice, a warning phase, adjudication, use of revenue, system calibration, community engagement, program operations, and oversight.
(c) Upon adoption of the guidelines, the secretary shall post the final adopted guidelines on the internet website of the Transportation Agency.
(d) The development and adoption of guidelines pursuant to this article are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

22437.
 (a) The Department of Transportation, in collaboration with the Department of the California Highway Patrol, Transportation may establish a state highway work zone speed safety program using speed safety systems that meets all of the following requirements:
(1) The program policies comply with the guidelines adopted pursuant to Section 22436.
(2) Speed safety systems may be deployed in any active work zone on a state highway under the department’s jurisdiction.
(3) Notwithstanding paragraph (2), if a state highway under the department’s jurisdiction functions as a local road, the highway is not eligible for the program.
(4) The program requires the collection of data to support the evaluation report required pursuant to Section 22438.
(5) The program may include the deployment of no more than 50 speed safety systems.
(b) An operator of a public safety vehicle shall not be found to be in violation of a speed law under a program established pursuant to this article.

22438.
 (a) By no later than two years after the commencement of the state highway work zone speed safety systems program, and annually thereafter, the Department of Transportation, in collaboration with the Department of the California Highway Patrol, shall prepare and submit a report to the Legislature evaluating the state highway work zone speed safety systems program and its impact on state highway work zone safety.
(b) The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.

22439.
 (a) Moneys generated from the issuance of citations pursuant to the state highway work zone speed safety program shall be deposited in the Safe Highway Work Zone Account, which is hereby created in the State Transportation Fund. Moneys in the account shall be allocated, upon appropriation by the Legislature, to the Department of Transportation for administration of the program in accordance with this article.
(b) It is the intent of the Legislature that the program authorized by Section 22437 shall supplement, and not supplant, existing traffic enforcement efforts in highway construction and maintenance zones.
(c) It is the intent of the Legislature that the Department of Transportation expend for purposes of enhanced traffic enforcement in construction and maintenance zones an amount not less than its expenditures for the Construction Zone Enhanced Enforcement Program and the Maintenance Zone Enhanced Enforcement Program in the 2022–23 fiscal year.

22440.
 This article shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

SEC. 3.

 The Legislature finds and declares that Section 2 of this act, which adds Section 22436 of the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
To protect the privacy interests of persons who are issued citations under a state highway work zone speed safety program, the Legislature finds and declares that the photographic or administrative records generated by the program shall be confidential, and shall be made available only to alleged violators and to governmental agencies solely for the purpose of enforcing these citations and assessing the impact of the use of the speed safety systems, as required by this act.