California AB 289

Existing law authorizes, until January 1, 2032, the City of Malibu to establish a speed safety system pilot program for speed enforcement on the Pacific Coast Highway if the system meets specified requirements. Existing law requires the city to administer a public information campaign at least 30 days before implementation of the program, including information relating to when the systems would begin detecting violations. Existing law requires the city to issue warning notices rather than notices of violations for violations detected within the first 60 calendar days of the program. Existing law also requires the city to develop guidelines for, among other things, the processing and storage of confidential information. Existing law requires photographic or administrative records made by a system to be confidential, except as specified, and would only authorize public agencies to use and allow access to these records for specified purposes. This bill would authorize, until January 1, 2032, the Department of Transportation to establish a similar program for speed enforcement that utilizes up to 35 speed safety systems on state highway construction or maintenance areas, as specified. The bill would require the department to adopt written guidelines for the use of speed safety systems before entering into an agreement regarding a speed safety system, purchasing or leasing equipment for a program, or implementing a program, and would require the department, in developing the guidelines, to consult with relevant state agencies and other relevant stakeholder organizations. The bill would only authorize the Department of Transportation to use and allow access to the photograph or administrative records for specified purposes. Existing law requires a violation of a speed law recorded by a speed safety system to be subject only to civil penalties, as specified. Existing law requires, among other things, the issuance of a notice of violation, an initial review, an administrative hearing, and an appeals process, as specified, for a violation under the speed safety pilot program. This bill would require the department to also implement similar provisions if it establishes the state highway work zone speed safety program on state highway construction or maintenance areas. Existing law requires the city to submit a report to evaluate the speed safety system to determine the system's impact on street safety and the economic impact on the communities where the system is utilized. Existing law requires revenues derived from a program to first be used to cover program costs, such as the installation of speed safety systems, the adjudication of violations, and reporting requirements. This bill would require the department to submit a report to the Legislature evaluating the state highway work zone speed safety program and its impact on state highway work zone safety no later than 2 years after the commencement of the program, and annually thereafter. The bill would require moneys generated from the issuance of citations to be deposited in the Safe Highway Work Zone Account, which the bill would create in the State Transportation Fund. The bill would require moneys in the account to be continuously appropriated to the department for administration of the program, and would require any remaining funds to be used by the department for the Construction Zone Enhanced Enforcement Program and the Maintenance Zone Enhanced Enforcement Program. By authorizing moneys to be continuously appropriated to the department for these purposes, the bill would make an appropriation. Existing law establishes a $25 filing fee for specified appeals and petitions. This bill would require a $25 filing fee for an appeal challenging a notice of violation issued as a result of the department's speed safety program until January 1, 2032. 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. This bill would incorporate additional changes to Section 70615 of the Government Code proposed by SB 720 to be operative only if this bill and SB 720 are enacted and this bill is enacted last.