Amended IN Assembly April 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1492Introduced by Assembly Member Boerner HorvathFebruary 22, 2019 An act to add Section 22358.6 to the Vehicle Code, relating to speed limits. LEGISLATIVE COUNSEL'S DIGESTAB 1492, as amended, Boerner Horvath. Speed limits. limits: City of Encinitas.(1) Existing law authorizes a local authority to reduce a speed limit on a state highway or street within its jurisdiction by ordinance or resolution on the basis of an engineering or traffic survey under specified conditions. Existing law generally makes the new speed limit effective when signs giving notice of the speed limit are posted.This bill would authorize the City of Encinitas to lower the speed limit to 15 miles per hour on a portion of Neptune Avenue if that speed limit is justified by an engineering and traffic survey. The bill would make the 15 miles per hour speed limit effective when signs giving notice of the speed limit are posted.(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Encinitas.Existing law establishes a prima facie speed limit of 25 miles per hour on any highway other than a state highway, in any business or residence district, except as specified. Existing law authorizes a local authority, whenever the local authority determines upon the basis of an engineering and traffic survey that the established prima facie speed limit of 25 miles per hour is more than is reasonable or safe, to determine and declare a prima facie speed limit of 20 or 15 miles per hour, as specified. Existing law provides that the ordinance or resolution is not effective until appropriate signage is erected or as specified.This bill would, notwithstanding any other law, authorize a local authority to determine and declare, by ordinance or resolution, a prima facie speed limit of 15 miles per hour as part of a traffic calming program, as defined, if the local authority determines the prima facie speed limit of 25 miles per hour is not reasonable or safe. The bill would provide that the declared prima facie speed limit is effective when appropriate signs are erected to give notice of the speed limit. The bill would require an engineering and traffic survey on the declared prima facie speed limit to be completed by no later than 1 year after the implementation of the speed limit. The bill would require a local authority to revise the speed limit to conform with the findings of an engineering and traffic survey if it finds that the declared prima facie speed limit is not reasonable or safe. The bill would define traffic calming program as road engineering and management strategies to improve the safety of motorists, pedestrians, and cyclists, including, among others, the narrowing of lanes or streets and speed feedback monitors. The bill would exempt state highways from these provisions and make certain legislative findings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22358.6 is added to the Vehicle Code, to read:22358.6. The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique safety demands on Neptune Avenue between Grandview Street and La Mesa Street in the City of Encinitas necessary to protect the residents of the surrounding neighborhood and visiting tourists.SECTION 1.It is the intent of the Legislature to implement this act to encourage local authorities to implement traffic calming programs. Appropriate speed limits combined with proven traffic calming methods will provide for the efficient use of streets and roads while ensuring safe access to public spaces, such as parks and beaches, by motorists, pedestrians, and cyclists.SEC. 2.Section 22358.6 is added to the Vehicle Code, to read:22358.6.(a)Notwithstanding any other law, whenever a local authority implements a traffic calming program and determines the prima facie speed limit of 25 miles per hour on a street under its authority is not reasonable or safe, the local authority may, as part of the traffic calming program, determine and declare, by ordinance or resolution, a prima facie speed limit of 15 miles per hour. The declared prima facie limit shall be effective when appropriate signs are erected to give notice of the speed limit.(b)An engineering and traffic survey on a declared prima facie speed limit established pursuant to subdivision (a) shall be completed by no later than one year after the implementation of the speed limit. If the engineering and traffic survey required by this subdivision determines that the declared prima facie speed limit is not reasonable or safe, the local authority shall revise the speed limit to conform with the survey findings.(c)For purposes of this section, traffic calming program means road engineering and management strategies to improve the safety of motorists, pedestrians, and cyclists. A traffic calming program may include, but is not limited to, the narrowing of lanes or streets, parking design, speed tables, speed cushions, and speed feedback monitors.(d)This section shall not apply to a state highway. Amended IN Assembly April 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1492Introduced by Assembly Member Boerner HorvathFebruary 22, 2019 An act to add Section 22358.6 to the Vehicle Code, relating to speed limits. LEGISLATIVE COUNSEL'S DIGESTAB 1492, as amended, Boerner Horvath. Speed limits. limits: City of Encinitas.(1) Existing law authorizes a local authority to reduce a speed limit on a state highway or street within its jurisdiction by ordinance or resolution on the basis of an engineering or traffic survey under specified conditions. Existing law generally makes the new speed limit effective when signs giving notice of the speed limit are posted.This bill would authorize the City of Encinitas to lower the speed limit to 15 miles per hour on a portion of Neptune Avenue if that speed limit is justified by an engineering and traffic survey. The bill would make the 15 miles per hour speed limit effective when signs giving notice of the speed limit are posted.(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Encinitas.Existing law establishes a prima facie speed limit of 25 miles per hour on any highway other than a state highway, in any business or residence district, except as specified. Existing law authorizes a local authority, whenever the local authority determines upon the basis of an engineering and traffic survey that the established prima facie speed limit of 25 miles per hour is more than is reasonable or safe, to determine and declare a prima facie speed limit of 20 or 15 miles per hour, as specified. Existing law provides that the ordinance or resolution is not effective until appropriate signage is erected or as specified.This bill would, notwithstanding any other law, authorize a local authority to determine and declare, by ordinance or resolution, a prima facie speed limit of 15 miles per hour as part of a traffic calming program, as defined, if the local authority determines the prima facie speed limit of 25 miles per hour is not reasonable or safe. The bill would provide that the declared prima facie speed limit is effective when appropriate signs are erected to give notice of the speed limit. The bill would require an engineering and traffic survey on the declared prima facie speed limit to be completed by no later than 1 year after the implementation of the speed limit. The bill would require a local authority to revise the speed limit to conform with the findings of an engineering and traffic survey if it finds that the declared prima facie speed limit is not reasonable or safe. The bill would define traffic calming program as road engineering and management strategies to improve the safety of motorists, pedestrians, and cyclists, including, among others, the narrowing of lanes or streets and speed feedback monitors. The bill would exempt state highways from these provisions and make certain legislative findings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Amended IN Assembly April 04, 2019 Amended IN Assembly April 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1492 Introduced by Assembly Member Boerner HorvathFebruary 22, 2019 Introduced by Assembly Member Boerner Horvath February 22, 2019 An act to add Section 22358.6 to the Vehicle Code, relating to speed limits. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1492, as amended, Boerner Horvath. Speed limits. limits: City of Encinitas. (1) Existing law authorizes a local authority to reduce a speed limit on a state highway or street within its jurisdiction by ordinance or resolution on the basis of an engineering or traffic survey under specified conditions. Existing law generally makes the new speed limit effective when signs giving notice of the speed limit are posted.This bill would authorize the City of Encinitas to lower the speed limit to 15 miles per hour on a portion of Neptune Avenue if that speed limit is justified by an engineering and traffic survey. The bill would make the 15 miles per hour speed limit effective when signs giving notice of the speed limit are posted.(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Encinitas.Existing law establishes a prima facie speed limit of 25 miles per hour on any highway other than a state highway, in any business or residence district, except as specified. Existing law authorizes a local authority, whenever the local authority determines upon the basis of an engineering and traffic survey that the established prima facie speed limit of 25 miles per hour is more than is reasonable or safe, to determine and declare a prima facie speed limit of 20 or 15 miles per hour, as specified. Existing law provides that the ordinance or resolution is not effective until appropriate signage is erected or as specified.This bill would, notwithstanding any other law, authorize a local authority to determine and declare, by ordinance or resolution, a prima facie speed limit of 15 miles per hour as part of a traffic calming program, as defined, if the local authority determines the prima facie speed limit of 25 miles per hour is not reasonable or safe. The bill would provide that the declared prima facie speed limit is effective when appropriate signs are erected to give notice of the speed limit. The bill would require an engineering and traffic survey on the declared prima facie speed limit to be completed by no later than 1 year after the implementation of the speed limit. The bill would require a local authority to revise the speed limit to conform with the findings of an engineering and traffic survey if it finds that the declared prima facie speed limit is not reasonable or safe. The bill would define traffic calming program as road engineering and management strategies to improve the safety of motorists, pedestrians, and cyclists, including, among others, the narrowing of lanes or streets and speed feedback monitors. The bill would exempt state highways from these provisions and make certain legislative findings. (1) Existing law authorizes a local authority to reduce a speed limit on a state highway or street within its jurisdiction by ordinance or resolution on the basis of an engineering or traffic survey under specified conditions. Existing law generally makes the new speed limit effective when signs giving notice of the speed limit are posted. This bill would authorize the City of Encinitas to lower the speed limit to 15 miles per hour on a portion of Neptune Avenue if that speed limit is justified by an engineering and traffic survey. The bill would make the 15 miles per hour speed limit effective when signs giving notice of the speed limit are posted. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Encinitas. Existing law establishes a prima facie speed limit of 25 miles per hour on any highway other than a state highway, in any business or residence district, except as specified. Existing law authorizes a local authority, whenever the local authority determines upon the basis of an engineering and traffic survey that the established prima facie speed limit of 25 miles per hour is more than is reasonable or safe, to determine and declare a prima facie speed limit of 20 or 15 miles per hour, as specified. Existing law provides that the ordinance or resolution is not effective until appropriate signage is erected or as specified. This bill would, notwithstanding any other law, authorize a local authority to determine and declare, by ordinance or resolution, a prima facie speed limit of 15 miles per hour as part of a traffic calming program, as defined, if the local authority determines the prima facie speed limit of 25 miles per hour is not reasonable or safe. The bill would provide that the declared prima facie speed limit is effective when appropriate signs are erected to give notice of the speed limit. The bill would require an engineering and traffic survey on the declared prima facie speed limit to be completed by no later than 1 year after the implementation of the speed limit. The bill would require a local authority to revise the speed limit to conform with the findings of an engineering and traffic survey if it finds that the declared prima facie speed limit is not reasonable or safe. The bill would define traffic calming program as road engineering and management strategies to improve the safety of motorists, pedestrians, and cyclists, including, among others, the narrowing of lanes or streets and speed feedback monitors. The bill would exempt state highways from these provisions and make certain legislative findings. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 22358.6 is added to the Vehicle Code, to read:22358.6. The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique safety demands on Neptune Avenue between Grandview Street and La Mesa Street in the City of Encinitas necessary to protect the residents of the surrounding neighborhood and visiting tourists.SECTION 1.It is the intent of the Legislature to implement this act to encourage local authorities to implement traffic calming programs. Appropriate speed limits combined with proven traffic calming methods will provide for the efficient use of streets and roads while ensuring safe access to public spaces, such as parks and beaches, by motorists, pedestrians, and cyclists.SEC. 2.Section 22358.6 is added to the Vehicle Code, to read:22358.6.(a)Notwithstanding any other law, whenever a local authority implements a traffic calming program and determines the prima facie speed limit of 25 miles per hour on a street under its authority is not reasonable or safe, the local authority may, as part of the traffic calming program, determine and declare, by ordinance or resolution, a prima facie speed limit of 15 miles per hour. The declared prima facie limit shall be effective when appropriate signs are erected to give notice of the speed limit.(b)An engineering and traffic survey on a declared prima facie speed limit established pursuant to subdivision (a) shall be completed by no later than one year after the implementation of the speed limit. If the engineering and traffic survey required by this subdivision determines that the declared prima facie speed limit is not reasonable or safe, the local authority shall revise the speed limit to conform with the survey findings.(c)For purposes of this section, traffic calming program means road engineering and management strategies to improve the safety of motorists, pedestrians, and cyclists. A traffic calming program may include, but is not limited to, the narrowing of lanes or streets, parking design, speed tables, speed cushions, and speed feedback monitors.(d)This section shall not apply to a state highway. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 22358.6 is added to the Vehicle Code, to read:22358.6. The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted. SECTION 1. Section 22358.6 is added to the Vehicle Code, to read: ### SECTION 1. 22358.6. The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted. 22358.6. The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted. 22358.6. The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted. 22358.6. The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted. SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique safety demands on Neptune Avenue between Grandview Street and La Mesa Street in the City of Encinitas necessary to protect the residents of the surrounding neighborhood and visiting tourists. SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique safety demands on Neptune Avenue between Grandview Street and La Mesa Street in the City of Encinitas necessary to protect the residents of the surrounding neighborhood and visiting tourists. SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique safety demands on Neptune Avenue between Grandview Street and La Mesa Street in the City of Encinitas necessary to protect the residents of the surrounding neighborhood and visiting tourists. ### SEC. 2. It is the intent of the Legislature to implement this act to encourage local authorities to implement traffic calming programs. Appropriate speed limits combined with proven traffic calming methods will provide for the efficient use of streets and roads while ensuring safe access to public spaces, such as parks and beaches, by motorists, pedestrians, and cyclists. (a)Notwithstanding any other law, whenever a local authority implements a traffic calming program and determines the prima facie speed limit of 25 miles per hour on a street under its authority is not reasonable or safe, the local authority may, as part of the traffic calming program, determine and declare, by ordinance or resolution, a prima facie speed limit of 15 miles per hour. The declared prima facie limit shall be effective when appropriate signs are erected to give notice of the speed limit. (b)An engineering and traffic survey on a declared prima facie speed limit established pursuant to subdivision (a) shall be completed by no later than one year after the implementation of the speed limit. If the engineering and traffic survey required by this subdivision determines that the declared prima facie speed limit is not reasonable or safe, the local authority shall revise the speed limit to conform with the survey findings. (c)For purposes of this section, traffic calming program means road engineering and management strategies to improve the safety of motorists, pedestrians, and cyclists. A traffic calming program may include, but is not limited to, the narrowing of lanes or streets, parking design, speed tables, speed cushions, and speed feedback monitors. (d)This section shall not apply to a state highway.