AB 1017: Homelessness: Striking Worker Emergency Homelessness Prevention program.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-13
Current Status:
Failed
(2023-09-14: Read second time. Ordered to third reading.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law establishes the Encampment Resolution Funding program to award moneys appropriated as competitive grants to assist cities, counties, and continuums of care in ensuring the safety and wellness of people experiencing homelessness in encampments, to provide encampment resolution grants to resolve critical encampment concerns and transition individuals into safe and stable housing, and to encourage a data-informed, coordinated approach to address encampment concerns. Existing law authorizes a continuum of care, city, or county to submit a specified application to the California Interagency Council on Homelessness for a program grant, and requires the council to prioritize funding applicants that demonstrate a commitment to cross-systems collaboration and innovative efforts to resolve encampment issues, as specified. Existing law requires the council to administer the program in accordance with a specified timeline. Existing law requires grant recipients to provide specified data elements, including health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
This bill would, upon appropriation by the Legislature, create within the Encampment Resolution Funding program the Striking Worker Emergency Homelessness Prevention (SWEHP) program administered by the Labor and Workforce Development Agency. The bill would specify that purpose of the program would be to prevent workers suffering strike-related hardship, as defined, from becoming homeless due to a prolonged labor dispute by making zero-interest loans available to eligible striking workers to assist them in paying their housing costs. The bill would require the agency, in consultation with the Business, Consumer Services, and Housing Agency, to develop an internet website and online application for the program, as specified. The bill would require an applicant for the program to electronically sign a declaration of strike-related hardship, as specified, under penalty of perjury. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would make other conforming changes to the Encampment Resolution Funding program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires an engineering and traffic survey of highway and traffic conditions conducted by a state or local authority for the purpose of setting speed limits to include consideration of certain factors, including prevailing speeds, accident records, and highway, traffic, and roadside conditions. Existing law also authorizes a local authority conducting such a survey to consider additional factors, including pedestrian and bicycle safety and residential density, as specified.This bill would authorize a local authority to consider equestrian safety when conducting an engineering and traffic survey.Existing law allows specified cities to consider equestrian safety when conducting an engineering and traffic survey.This bill would repeal those provisions.Existing law requires an engineering and traffic survey of highway and traffic conditions conducted by a state or local authority for the purpose of setting speed limits to include consideration of certain factors, including prevailing speeds, accident records, and highway, traffic, and roadside conditions. Existing law also authorizes a local authority conducting such a survey to consider additional factors, including pedestrian and bicycle safety and residential density, as specified.
This bill would authorize a local authority to consider equestrian safety when conducting an engineering and traffic survey.
Existing law allows specified cities to consider equestrian safety when conducting an engineering and traffic survey.
This bill would repeal those provisions.
For purposes of this chapter, the following definitions shall apply:
(a)Additional funding round moneys means moneys appropriated for the program in or after fiscal year 202223.
(b)Agency means the Business, Consumer Services, and Housing Agency.
(c)Applicant means a continuum of care or local jurisdiction
(d)Continuum of care has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e)Council means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(f)County includes, but is not limited to, a city and county.
(g)Funding round 1 moneys means moneys appropriated for the program in fiscal year 202122.
(h)Homeless has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i)Local jurisdiction means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(j)Program means the Encampment Resolution Funding program established pursuant to this chapter.
(k)Prolonged labor dispute means a strike or a lockout that lasts 30 or more consecutive weekdays.
(k)(l)Recipient means an applicant that receives grant funds from the council for the purposes of the program.
(l)(m)State right-of-way means real property held in title by the State of California.
(n)Striking worker means a worker who is not working because of a strike or a lockout by their employer.
(o)Striking Worker Emergency Homelessness Prevention program or SWEHP program means the program established pursuant to Section 50254.1.
(p)Strike-related financial hardship means that a striking worker has been out of work due to a strike or lockout by their employer during a prolonged labor dispute and is unable to pay their housing costs due to financial distress.
SEC. 2.Section 50254 of the Health and Safety Code is amended to read:50254.(a)Notwithstanding any other law, all recipients of funds pursuant to this chapter Sections 50251, 50252, 50252.1, and 50253 shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
(b)(1)The council shall specify the form and substance of the required data elements.
(2)The council may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(3)Grantees shall report individual, client-level data for persons served by grant funding to the council, in addition to any data reported through local Homeless Management Information System, as required by the council for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
(4)Council staff may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
(c)Any health information or personal identifying information provided to or maintained within the statewide Homeless Data Integration System pursuant to this section shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(d)For purposes of this paragraph, health information includes protected health information, as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and medical information, as defined in subdivision (j) of Section 56.05 of the Civil Code.
(e)All recipients shall provide information and products developed with grant funds on service delivery models in support of the overall program goal to mitigate risk and address safety concerns in encampments, while ensuring a pathway for individuals living in encampments to move into safe and stable housing, in a format and timeframe specified by the council.
(f)The council shall evaluate the data and outcomes reported by recipients to assess efficacy of programs and identify scalable best practices for encampment resolution that can be replicated across the state.
(g)The council shall report to the chairs of the relevant fiscal and policy committees in both houses on the outcomes, learnings, and best practice models identified through this program. The report shall be submitted in compliance with Section 9795.
(h)Contracts entered into to implement this chapter shall be exempt from all of the following:
(1)Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code.
(2)The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(3)Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and the State Contracting Manual.
(4)Notwithstanding Section 11546 of the Government Code, from review or approval of any division of the Department of Technology, upon approval from the Department of Finance.
(5)From the review or approval of any division of the Department of General Services.
SEC. 3.Section 50254.1 is added to the Health and Safety Code, to read:50254.1.(a)There is hereby created within the program, upon appropriation by the Legislature, the Striking Worker Emergency Homelessness Prevention (SWEHP) program.
(b)Notwithstanding subdivision (b) of Section 50251, the SWEHP program shall be administered by the Labor and Workforce Development Agency.
(c)The purpose of the SWEHP program shall be to prevent workers suffering strike-related hardship from becoming homeless due to a prolonged labor dispute by making zero-interest loans available to eligible striking workers to assist them in paying their housing costs.
(d)The Labor and Workforce Development Agency, in consultation with the Business, Consumer Services, and Housing Agency, shall develop an internet website and online application for the SWEHP program.
(e)(1)No funds appropriated to the Encampment Resolution Funding program before the effective date of the measure that added this section shall be used for the SWEHP program.
(2)No more than 50 percent of the funds appropriated to the Encampment Resolution Funding program after the effective date of the measure that added this section shall be used for the SWEHP program.
SEC. 4.Section 50254.2 is added to the Health and Safety Code, to read:50254.2.(a)The Labor and Workforce Development Agency, in consultation with the Business, Consumer Services, and Housing Agency, shall develop a publicly accessible internet website where a striking worker can complete an online application for the SWEHP program that allows for secure transmission of the required supporting documentation, consistent with Section 50254.3.
(b)The internet website shall also contain all of the following tools to assist a striking worker:
(1)A checklist to determine likelihood of eligibility.
(2)A calculator to determine the amount of housing cost assistance that is needed.
(3)A calculator to budget for repayment of a loan when work resumes.
SEC. 5.Section 50254.3 is added to the Health and Safety Code, to read:50254.3.(a)The Labor and Workforce Development Agency shall verify applications and supporting documentation for relief pursuant to the SWEHP program in order to determine the eligibility of applicants for a zero-interest loan to pay their housing costs.
(b)(1)In order to be eligible to receive a loan pursuant to the SWEHP program, an applicant shall be required to electronically sign a declaration of strike-related hardship certifying under penalty of perjury that the applicant meets all of the following eligibility criteria:
(A)They have not worked for the past 30 consecutive weekdays due to a strike or lockout by their employer, or they did not work for 30 consecutive weekdays due to a strike or a lockout by their employer that occurred during the six months before the effective date of the measure that added this section.
(B)They have suffered financial hardship due to the loss of income from the prolonged labor dispute and are unable to pay their housing costs. In order to establish the existence of a financial hardship, the applicant shall submit any information, including information related to reasonable personal expenses, requested by the Labor and Workforce Development Agency for purposes of making that determination.
(C)They were current on their lease or mortgage payments before the strike or lockout began.
(D)They are named on the lease or mortgage agreement for the housing in which they are currently residing.
(2)The declaration of strike-related hardship shall require the applicant to attest, under penalty of perjury, the amount of the monthly rent or mortgage payment that they are unable to pay due to strike-related hardship and the total monthly rent or mortgage they are obligated to pay pursuant to their lease or mortgage agreement.
(3)The declaration of strike-related hardship shall require the applicant to attest, under penalty of perjury, that, without assistance from the SWEHP program, they are at imminent risk of losing their housing and potentially becoming homeless.
(4)An applicant shall not be eligible to receive a loan pursuant to the SWEHP program until they have repaid any previous loan that applicant has received pursuant to the SWEHP program.
(5)Only one individual per household shall be eligible to receive a loan pursuant to the SWEHP program.
(c)An applicant for the SWEHP program shall be required to provide the Labor and Workforce Development Agency with personal information including, but not limited to, all of the following:
(1)Name.
(2)Current address.
(3)Occupation.
(4)Employment history.
(5)Certified labor organization membership.
(6)Rental property manager or mortgage lender contact information.
(7)A copy of the lease or mortgage agreement.
(8)Bank routing number and account routing number.
(d)An applicant for the SWEHP program shall provide a letter from their rental property manager or mortgage lender stating the amount owed by the applicant.
(e)A loan recipient shall be required to sign a promissory note acknowledging a minimum monthly payment schedule for repayment of the loan to the Encampment Resolution Funding program.
(f)A loan recipient shall be afforded a six-month period after work resumes to begin repayment of the loan. Repayment of the full amount of the loan shall occur within four years after that initial six-month period.
(g)A loan recipient shall receive monthly loan payments via direct electronic deposit to the bank account specified in their application.
(h)A loan recipient shall receive monthly repayment notices electronically and in hard copy.
(i)A loan recipient shall repay the loan monthly via electronic deposit to the Encampment Resolution Funding program.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 627 of the Vehicle Code is amended to read:627.(a)Engineering and traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.(b)An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:(1)Prevailing speeds as determined by traffic engineering measurements.(2)Accident records.(3)Highway, traffic, and roadside conditions not readily apparent to the driver.(c)When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following:(1)Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:(A)Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.(B)Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.(C)The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).(2)Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused.(3)Equestrian safety.SEC. 2.Section 22353 of the Vehicle Code is repealed.SEC. 3.Section 22353.2 of the Vehicle Code is repealed.SEC. 4.Section 22353.3 of the Vehicle Code is repealed.SEC. 5.Section 22353.4 of the Vehicle Code is repealed.SEC. 6.Section 22353.5 of the Vehicle Code is repealed.(a)Engineering and traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.
(b)An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:
(1)Prevailing speeds as determined by traffic engineering measurements.
(2)Accident records.
(3)Highway, traffic, and roadside conditions not readily apparent to the driver.
(c)When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following:
(1)Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:
(A)Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.
(B)Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.
(C)The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).
(2)Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused.
(3)Equestrian safety.
SEC. 2.Section 22353 of the Vehicle Code is repealed.22353.When conducting an engineering and traffic survey, the City of Norco, in addition to the factors set forth in Section 627, may also consider equestrian safety.SEC. 3.Section 22353.2 of the Vehicle Code is repealed.22353.2.The City of Burbank may also consider equestrian safety when conducting an engineering and traffic survey of the public streets within the boundaries of the Rancho Master Plan Area in the City of Burbank, as described in the City of Burbanks General Plan adopted on February 19, 2013, in addition to the factors set forth in Section 627.SEC. 4.Section 22353.3 of the Vehicle Code is repealed.22353.3.The City of Glendale may also consider equestrian safety when conducting an engineering and traffic survey of the public streets within the boundaries of the Horse Overlay Zone, commonly known as the Riverside Rancho Area, in the City of Glendale, as described in Chapter 30.21 of the Glendale Municipal Code, in addition to the factors set forth in Section 627.SEC. 5.Section 22353.4 of the Vehicle Code is repealed.22353.4.The City of Los Angeles may also consider equestrian safety when conducting an engineering and traffic survey of the public streets within the boundaries of the Sylmar Community Plan Area and the Sunland-Tujunga-Lake View Terrace-Shadow Hills-East La Tuna Canyon Community Plan Area in the City of Los Angeles, as described in the Sylmar Community Plan adopted on June 10, 2015, and the Sunland-Tujunga-Lake View Terrace-Shadow Hills-East La Tuna Canyon Community Plan Update adopted on November 18, 1997, respectively, in addition to the factors set forth in Section 627.SEC. 6.Section 22353.5 of the Vehicle Code is repealed.22353.5.When conducting an engineering and traffic survey of the public streets within the boundaries of the common interest development known as Orange Park Acres, in addition to the factors set forth in Section 627, the County of Orange may also consider equestrian safety.|
Date
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Status
|
|---|---|
| Sep 14, 2023 | Read second time. Ordered to third reading. |
| Sep 14, 2023 | Re-referred to Com. on RLS pursuant to Senate Rule 29.10(c). |
| Sep 13, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 13, 2023 | Joint Rule 61(a)(13) suspended. (Page 2713.) |
| Sep 12, 2023 | Read second time. Ordered to third reading. |
| Sep 11, 2023 | Ordered to second reading. |
| Sep 11, 2023 | From inactive file. |
| Jun 29, 2023 | Ordered to inactive file at the request of Senator Allen. |
| Jun 29, 2023 | From Consent Calendar. |
| Jun 27, 2023 | Read second time. Ordered to Consent Calendar. |
| Jun 26, 2023 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 14, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (June 13). Re-referred to Com. on APPR. |
| May 10, 2023 | Referred to Com. on TRANS. |
| Apr 27, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 27, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1365.) |
| Apr 20, 2023 | Read second time. Ordered to Consent Calendar. |
| Apr 19, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 19). |
| Mar 21, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (March 20). Re-referred to Com. on APPR. |
| Mar 2, 2023 | Referred to Com. on TRANS. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
|
Date
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Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Jun 13, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation |
Passed |
|
| Apr 27, 2023 | AB 1017 Friedman Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 19, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 20, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
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Position
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Date
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|---|---|---|
| Midpeninsula Regional Open Space District | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1017 |
CONSENT
Bill No: AB 1017
Author: Friedman (D)
Introduced: 2/15/23
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 16-0, 6/13/23
AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle, Dodd, Limón, McGuire, Newman, Nguyen, Seyarto, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 79-0, 4/27/23 (Consent) - See last page for vote
SUBJECT: Engineering and traffic surveys: equestrian safety
SOURCE: Author
DIGEST:
This bill authorizes any entity conducting an engineering and traffic survey to consider equestrian safety.
ANALYSIS:
Existing law:
- Authorizes the city of Norco to consider equestrian safety when conducting an engineering and traffic survey. (Vehicle Code Section (VEH) §22353).
- Authorizes the cities of Long Angeles, Glendale, Burbank and the County of Orange within defined areas of their jurisdiction to consider equestrian safety when conducting an engineering and traffic survey. (VEH §22353.2, §22353.3, §22353.4, and §22353.5).
- Allows the Department of Transportation (Caltrans) and local authorities to adjust default speed limits based upon certain findings determined by an engineering and traffic survey. (VEH §22354 and §22358).
- Requires an engineering and traffic survey to include prevailing speeds as determined by traffic engineering measurements, accident records; and highway, traffic, and roadside conditions not readily apparent to the driver (VEH §627).
- Permits local authorities to additionally consider residential density, business density, and pedestrian and bicyclist safety with increased consideration for vulnerable pedestrian groups as defined.
- Requires an engineering and traffic survey to be conducted every five, seven or 14 years on most streets in order to use radar enforcement to enforce speed limits (VEH §40802).
This bill:
- Repeals the several provisions authorizing various specific local authorities to additionally consider equestrian safety when conducting an engineering and traffic survey.
- Authorizes the consideration of equestrian safety as part of any engineering and traffic survey.
Comments
- Purpose of bill. According to the author, “Cities facing issues related to equestrian safety should not have to individually come to the Legislature to seek approval to factor in equestrian safety when setting speed limits. Existing law unfairly leaves out rural areas that may have horses traversing their roads. AB 1017 fixes that by authorizing all local governments to factor in equestrian safety when setting speed limits.”
- Speed limits and safety. Reducing speed limits has been shown to reduce both injuries and fatalities on the road. According to the University of California Institute of Traffic Studies, research has shown reducing speed limits on limited access roads by five mph can reduce injuries between 8% and 15%, with some studies finding reductions as great as 28% and 39%. A range of research also suggests lowering speed limits may result in the number of fatalities dropping by 10% to 30%, with one outlier study showing an 80% reduction in fatalities.
- Engineering and traffic surveys. Existing law sets the maximum speed limit on a multilane highway and two lane undivided roadway as 65 mph and 55 mph respectively. To set a speed limit below those levels a state or local authority may conduct an engineering and traffic survey (ETS). This survey is used to collect important information such as the prevailing speed, the 85th percentile speed along the road as measured by traffic engineers during the survey. Traffic surveys generally use the prevailing speed as the first basis for setting speed limits, allowing for rounding up or down to the nearest five mph increment. Furthermore an authority may establish a speed limit five mph lower than this value if there are conditions that justify the lower limit. These surveys must consider accident records and conditions not readily apparent to a driver when determining a safe speed limit. They may optionally consider other factors such as residential density, safety of pedestrians or, for some jurisdictions, equestrian safety.
In 2021, the Legislature passed AB 43 (Friedman, Chapter 690, Statutes of 2021) which made various changes to how speed limits are set to give local governments and the state more flexibility to lower speed limits. Two of those changes included the ability to lower speed limits by an additional five miles per hour (mph) on high injury streets, referred to as "safety corridors," and streets with a high concentration of bicyclists and pedestrians. Research has shown that reducing speed limits reduces both injuries and fatalities on the road.
- Horseback riding and safety. According to the U.S. Humane Society, California is home to nearly 700,000 horses, second only to Texas. Nearly all areas of California boast horseback riding opportunities. Many people ride horses on trail networks and other locations that require them to either share the road with motorists, or cross a paved highway. These interactions can result in collusions, which, as noted by the author, are usually fatal for the horse and can cause major injury or death for the rider.
According to the University of Connecticut, College of Agriculture, Health, and Natural Resources, horseback riding carries a higher injury rate per hour of exposure than downhill ski racing, football, hang-gliding, and motor cycle racing. Medical examiner reports show that 60% or more of horse-related deaths are caused by head injuries, and that helmets can reduce this possibility by 70% to 80%. They estimate that 70,000 people are treated in emergency rooms a year because of equestrian related activities.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/26/23)
Midpeninsula Regional Open Space District
OPPOSITION: (Verified 6/26/23)
None received
ASSEMBLY FLOOR: 79-0, 4/27/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Jim Patterson
Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121
6/28/23 11:20:24
**** END ****
SENATE COMMITTEE ON TRANSPORTATION
Senator Lena Gonzalez, Chair
2023 - 2024 Regular
Bill No: Hearing Date: 6/13/2023
Author: | Friedman | ||
Version: | 2/15/2023 Introduced | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Jacob O'Connor | ||
SUBJECT:
DIGEST: This bill authorizes any entity conducting an engineering and traffic survey to consider equestrian safety.
ANALYSIS:
Existing law:
- Authorizes the city of Norco to consider equestrian safety when conducting an engineering and traffic survey. (Vehicle Code Section (VEH) §22353).
- Authorizes the cities of Long Angeles, Glendale, Burbank and the County of Orange within defined areas of their jurisdiction to consider equestrian safety when conducting an engineering and traffic survey. (VEH §22353.2, §22353.3, §22353.4, and §22353.5).
- Allows the Department of Transportation (Caltrans) and local authorities to adjust default speed limits based upon certain findings determined by an engineering and traffic survey. (VEH §22354 and §22358).
- Requires an engineering and traffic survey to include prevailing speeds as determined by traffic engineering measurements, accident records; and highway, traffic, and roadside conditions not readily apparent to the driver (VEH §627).
- Permits local authorities to additionally consider residential density, business density, and pedestrian and bicyclist safety with increased consideration for vulnerable pedestrian groups as defined.
- Requires an engineering and traffic survey to be conducted every five, seven or 14 years on most streets in order to use radar enforcement to enforce speed limits (VEH §40802).
This bill:
- Repeals the several provisions authorizing various specific local authorities to additionally consider equestrian safety when conducting an engineering and traffic survey.
- Authorizes the consideration of equestrian safety as part of any engineering and traffic survey.
COMMENTS:
- Purpose of bill. According to the author, “Cities facing issues related to equestrian safety should not have to individually come to the Legislature to seek approval to factor in equestrian safety when setting speed limits. Existing law unfairly leaves out rural areas that may have horses traversing their roads. AB 1017 fixes that by authorizing all local governments to factor in equestrian safety when setting speed limits.”
- Speed limits and safety. Reducing speed limits has been shown to reduce both injuries and fatalities on the road. According to the University of California Institute of Traffic Studies, research has shown reducing speed limits on limited access roads by five mph can reduce injuries between 8% and 15%, with some studies finding reductions as great as 28% and 39%. A range of research also suggests lowering speed limits may result in the number of fatalities dropping by 10% to 30%, with one outlier study showing an 80% reduction in fatalities.
- Engineering and traffic surveys. Existing law sets the maximum speed limit on a multilane highway and two lane undivided roadway as 65 mph and 55 mph respectively. To set a speed limit below those levels a state or local authority may conduct an engineering and traffic survey (ETS). This survey is used to collect important information such as the prevailing speed, the 85th percentile speed along the road as measured by traffic engineers during the survey. Traffic surveys generally use the prevailing speed as the first basis for setting speed limits, allowing for rounding up or down to the nearest five mph increment. Furthermore an authority may establish a speed limit five mph lower than this value if there are conditions that justify the lower limit. These surveys must consider accident records and conditions not readily apparent to a driver when determining a safe speed limit. They may optionally consider other factors such as residential density, safety of pedestrians or, for some jurisdictions, equestrian safety.
In 2021, the Legislature passed AB 43 (Friedman, Chapter 690, Statutes of 2021) which made various changes to how speed limits are set to give local governments and the state more flexibility to lower speed limits. Two of those changes included the ability to lower speed limits by an additional five miles per hour (mph) on high injury streets, referred to as "safety corridors," and streets with a high concentration of bicyclists and pedestrians. Research has shown that reducing speed limits reduces both injuries and fatalities on the road.
- Horseback riding and safety. According to the U.S. Humane Society, California is home to nearly 700,000 horses, second only to Texas. Nearly all areas of California boast horseback riding opportunities. Many people ride horses on trail networks and other locations that require them to either share the road with motorists, or cross a paved highway. These interactions can result in collusions, which, as noted by the author, are usually fatal for the horse and can cause major injury or death for the rider.
According to the University of Connecticut, College of Agriculture, Health, and Natural Resources, horseback riding carries a higher injury rate per hour of exposure than downhill ski racing, football, hang-gliding, and motor cycle racing. Medical examiner reports show that 60% or more of horse-related deaths are caused by head injuries, and that helmets can reduce this possibility by 70% to 80%. They estimate that 70,000 people are treated in emergency rooms a year because of equestrian related activities.
Related Legislation:
AB 43 (Friedman, Chapter 690, Statutes of 2021) made various changes to how speed limits are set to give local governments and the state more flexibility to lower speed limits.
AB 2955 (Friedman, Chapter 398, Statutes of 2018) allowed the city of Burbank within the boundaries of the Rancho Master Plan Area, the city of Glendale within the Horse Overlay Zone, and the city of Los Angeles within the Sylmar Community Plan and the Sunland-Tujunga-Lake View Terrace-Shadow Hills-East La Tuna Canyon Community Plan Areas, to additionally consider equestrian safety when conducting traffic surveys and setting speed limits.
AB 1669 (Wagner, Chapter 282, Statutes of 2014) allowed Orange County, within the commoninterest development of Orange Park Acres, to also consider equestrian safety when conducting an engineering and traffic survey.
AB 2402 (Pacheco, Chapter 186, Statutes of 2002) allowed the City of Norco to also consider equestrian safety when conducting an engineering and traffic survey
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, this bill will have no state costs.
POSITIONS: (Communicated to the committee before noon on Wednesday, June 7th.)
SUPPORT:
Midpeninsula Regional Open Space District
OPPOSITION:
None received
-- END --
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1017
Author:(Friedman) – As Introduced Ver:February 15, 2023
Policy Committee: | Transportation | Vote: | 15 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes any entity conducting an engineering and traffic survey to consider equestrian safety and removes provisions of existing law that provide such authority only to the cities of Burbank, Glendale, Los Angeles and Norco and Orange County.
FISCAL EFFECT:
No state costs.
COMMENTS:
Background and Purpose. State law dictates how an entity (generally, the state Department of Transportation (Caltrans) or a local authority) may set speed limits. Generally, a local government, before setting a speed limit that differs from statutory speed limits, must conduct an engineering and traffic survey that considers prevailing speeds as determined by traffic engineering measurements, accident records, and highway, traffic and roadside conditions not readily apparent to the driver. Statute allows a local government to adjust the speed limit, after conducting the survey, based on several factors.
Existing law allows any local government, in setting speed limits, to consider residential density, business density, and pedestrian and bicyclist safety, with increased consideration for vulnerable pedestrian groups. In addition, statute allows certain local jurisdictions—the cities of Burbank, Glendale, Los Angeles and Norco, and Orange County—to additionally consider equestrian safety when setting an alternate speed limit. The author contends this ability to consider equestrian safety should be expanded to California’s local governments, generally. As the author states:
Cities facing issues related to equestrian safety should not have to individually come to the Legislature to seek approval to factor in equestrian safety when setting speed limits. Existing law unfairly leaves out rural areas that may have horses traversing their roads. AB 1017 fixes that by authorizing all local governments to factor in equestrian safety when setting speed limits.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: March 20, 2023
ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
ABPCA Bill Id:AB 1017 (
Author:Friedman) – As Introduced Ver:February 15, 2023
SUBJECT: Engineering and traffic surveys: equestrian safety
SUMMARY: Authorizes a local authority and the Department of Transportation (Caltrans) to consider equestrian safety when conducting an engineering and traffic survey for the purposes of setting speed limits and makes technical clarifying amendments.
EXISTING LAW:
- Authorizes the city of Norco to consider equestrian safety when conducting an engineering and traffic survey. (Vehicle Code Section (VEH) 22353).
- Authorizes the cities of Long Angeles, Glendale, Burbank and the County of Orange within defined areas of their jurisdiction to consider equestrian safety when conducting an engineering and traffic survey. (VEH 22353.2, 22353.3, 22353.4, 22353.5).
- Allows Caltrans and local authorities to adjust default speed limits based upon certain findings determined by an engineering and traffic survey. (VEH 22354 and 22358).
- Requires an engineering and traffic survey to include prevailing speeds as determined by traffic engineering measurements, accident records; and highway, traffic, and roadside conditions not readily apparent to the driver (VEH 627).
- Permits local authorities to additionally consider residential density, business density, and
pedestrian and bicyclist safety with increased consideration for vulnerable pedestrian groups as defined. (VEH 627).
- Requires a speed survey to be conducted every five, seven or 14 years on most streets in order to use radar enforcement to enforce speed limits (VEH 40802).
FISCAL EFFECT: Unknown
COMMENTS: In 2021, the California Legislature passed AB 43 (Friedman) Chapter 690, Statutes of 2021, which made various changes to how speed limits are set to give local governments and the state more flexibility to lower speed limits. Two of those changes included the ability to lower speed limits by five miles per hour (mph) on high injury streets, referred to as "safety corridors," and streets with a high concentration of bicyclists and pedestrians.
Prior to the passage of AB 43, speed limits were generally set using the prevailing speed, known as the 85th percentile, measured during a traffic survey by traffic engineers. Traffic surveys generally use the prevailing speed as the first basis for setting speed limits, but are allowed to deviate from the 85th percentile speed by rounding up or down to the nearest five mph increment. If the nearest five mph increment allowed for the speed limit to be rounded down, traffic engineers are permitted to lower the speed limit by an additional five mph for several reasons, including bicycle and pedestrian safety, high density, safety reasons that are not readily apparent to the driver, accident records, and in some areas, equestrian safety (Vehicle Code 627). AB 43 gave additional direction for bicycle and pedestrian safety, asking traffic engineers to give increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused. In recognition that lowering speed limits by five mph can have added safety benefits, AB 43 permitted cities to lower speed limits by an additional five mph increment if the street had a high concentration of bicyclist or pedestrians, or the street was determined to be one of the top 20% most dangerous streets within the cities jurisdiction (safety corridors).
Over the years the Legislature has authorized the cities of Norco, Los Angeles, Glendale, Burbank and the County of Orange to factor in equestrian safety when setting speed limits.
According to the author, “Cities facing issues related to equestrian safety should not have to individually come to the Legislature to seek approval to factor in equestrian safety when setting speed limits. Existing law unfairly leaves out rural areas that may have horses traversing their roads. AB 1017 fixes that by authorizing all local governments to factor in equestrian safety when setting speed limits.”
Reducing speed limits has been shown to reduce both injuries and fatalities on the road. According to the University of California Institute of Traffic Studies, research has shown reducing speed limits on limited access roads by five mph can reduce injuries between 8% and 15%, with some studies finding reductions as great as 28% and 39%. A range of research also suggests lowering speed limits may result in the number of fatalities dropping by 10% to 30%, with one outlier study showing an 80% reduction in fatalities.
Previous Legislation:
AB 2955 (Friedman) Chapter 398, Statutes of 2018 allowed the city of Burbank within the boundaries of the Rancho Master Plan Area, the city of Glendale within the Horse Overlay Zone, and the city of Los Angeles within the Sylmar Community Plan and the Sunland-Tujunga-Lake View Terrace-Shadow Hills-East La Tuna Canyon Community Plan Areas, to additionally consider equestrian safety when conducting traffic surveys and setting speed limits.
AB 1669 (Wagner) Chapter 282, Statutes of 2014 allowed Orange County, within the common-interest development of Orange Park Acres, to also consider equestrian safety when conducting an engineering and traffic survey.
AB 2402 (Pacheco) Chapter 186, Statutes of 2002 allowed the City of Norco to also consider equestrian safety when conducting an engineering and traffic survey.
REGISTERED SUPPORT / OPPOSITION:
Support
Midpeninsula Regional Open Space District
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Bill Co-Author(s):