Amended IN Assembly June 22, 2022 Amended IN Senate May 23, 2022 Amended IN Senate March 29, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1079Introduced by Senator Portantino(Coauthors: Senators Archuleta and Min)(Coauthors: Assembly Members Luz Rivas and Petrie-Norris)February 15, 2022An act to add and repeal Section 27150.4 of to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1079, as amended, Portantino. Vehicles: sound-activated enforcement devices.Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards.This bill would authorize 6 unspecified cities to conduct a pilot program, as specified, using sound-activated enforcement devices, as defined, to capture vehicle noise levels that exceed the legal limits described above. As part of the pilot program, this bill would require the participating cities to, among other things, adopt a Sound-Activated Enforcement Device Use Policy, administer a public information campaign, and prepare and submit a report to the Legislature annually, on December 31, that evaluates and determines the effectiveness of the pilot program, as specified. The bill would repeal these provisions on January 1, 2028.This bill would require the Department of the California Highway Patrol to evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least 3 different companies, and would require the department, on or before January 1, 2025, to prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, as specified.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 27150.4 is added to the Vehicle Code, to read:27150.4.(a)The six cities ____, to be named by ____, may conduct a pilot program to evaluate the use of sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151 in accordance with the following requirements:(1)The pilot program shall operate from January 1, 2023, to December 31, 2027, inclusive.(2)(A)Sound-activated enforcement devices shall be distributed across a participating city and shall not be disproportionately placed in a single area or placed solely in areas of similar socioeconomic status.(B)If a participating city proposes to establish a sound-activated enforcement system, the city council shall establish a process for taking public input on the location and placement of the technology, conduct a public hearing prior to the adoption of those placements, and vote to authorize their placement.(3)A sound-activated enforcement program shall clearly identify the presence of the sound-activated system by placing signs that state Automated Vehicle Noise Enforcement within 500 feet of the system. The signs shall be visible to traffic traveling on the street from the direction of travel for which the system is utilized.(4)(A)Notwithstanding Section 6253 of the Government Code, or any other law, information collected and maintained by a participating city using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding. Data about the number of activations of the sound-activated enforcement device, number of violations issued and the sound levels at which they were issued for, and number of violations dismissed and reasons for dismissal are not considered administrative records required to be confidential by this section.(B)Notwithstanding subparagraph (A), the registered owner of the vehicle, or an individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation, shall be permitted to review the video or visual evidence of the alleged violation.(5)Revenues derived from the utilization of a sound-activated enforcement device shall first be used by the participating city to recover the costs of the program created pursuant to this section, and may also be used for traffic calming measures, including, but not limited to, bicycle lanes, chicanes, chokers, curb extensions, median islands, raised crosswalks, road diets, roundabouts, speed humps or speed tables, and traffic circles.(6)Each sound-activated enforcement device shall undergo an annual calibration check performed by an independent calibration laboratory, which shall issue a signed certificate of calibration. The participating city shall keep the annual certificate of calibration on file.(b)(1)A participating city that operates a sound-activated enforcement device shall do all of the following:(A)Consult and work collaboratively with relevant local stakeholder organizations in developing the Sound-Activated Enforcement Device Use Policy.(B)Adopt a Sound-Activated Enforcement Device Use Policy before entering into an agreement with a manufacturer or supplier of sound-activated enforcement devices, purchasing or leasing equipment for a program, or implementing a program. The Sound-Activated Enforcement Device Use Policy shall include all of the following:(i)The specific purpose for the system, the uses that are authorized, the rules and processes required prior to that use, and the uses that are prohibited.(ii)Uniform guidelines for screening and issuing violations, the data or information that can be collected by a sound-activated enforcement device, the individuals who can access or use the collected information, and the rules and processes related to the access or use of the information.(iii)Provisions for protecting data from unauthorized access, data retention, public access, third-party data sharing, training, auditing, and oversight to ensure compliance with the Sound-Activated Enforcement Device Use Policy.(C)Make the Sound-Activated Enforcement Device Use Policy available for public review, including, but not limited to, by posting it on the participating citys internet website at least 30 calendar days prior to adoption by the participating city.(D)Establish guidelines for the selection of a location. Prior to installing a sound-activated enforcement device, the participating city shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to an ongoing problem with violations of Sections 27151 and 23109 that cannot reasonably be addressed using traditional law enforcement methods.(E)Post information about the program on its internet website.(F)Ensure that the equipment is regularly inspected.(G)Certify that the equipment is properly installed and calibrated, and is operating properly.(H)Prior to issuing citations under this section, and at least 30 days prior to the commencement of the enforcement program, administer a public information campaign that includes public announcements in major media outlets and press releases. The public information campaign shall include all of the following:(i)A draft Sound-Activated Enforcement Device Use Policy pursuant to subparagraphs (A), (B), and (C).(ii)Information regarding when devices will begin detecting violations.(iii)The streets, or portions of streets, where devices will be utilized.(iv)The address of the citys internet website where additional information about the program can be obtained pursuant to subparagraph (E).(I)Adopt regulations allowing a penalty waiver for a low-income motor vehicle owner, as defined in subdivision (h) of Section 44062.1 of the Health and Safety Code.(J)Regularly inspect and maintain warning signs.(K)Maintain controls necessary to ensure that only those citations that have been reviewed and approved by the designated city department are delivered to alleged violators.(L)Manually review evidence collected by a sound-activated enforcement system to ensure a violation has occurred before submitting a notice of violation.(M)Delete evidence collected by a sound-activated enforcement system that is not related to a violation or if the participating city is unable to identify the offending vehicle.(N)Destroy evidence related to a violation collected under this pilot program upon the final resolution of the notice of violation.(2)(A)A participating city may contract for the activities listed in paragraph (1) that relate to the operation of the system if the participating city maintains overall control and supervision of the system. However, the activities listed in subparagraphs (A), (B), (C), (D), (H), (I), (K), (L), (M), and (N) of paragraph (1) shall not be contracted out to a manufacturer or supplier of the sound-activated enforcement device.(B)A contract between a participating city and a manufacturer or supplier of sound-activated enforcement devices shall allow the participating city to purchase materials, lease equipment, and contract for processing services from the manufacturer or supplier based on the services rendered on a monthly schedule or another schedule agreed upon by the participating city and contractor.(C)The contract shall not include provisions for payment or compensation based on the number of notices of violation issued, or as a percentage of revenue generated, from the use of the system, nor shall the contract include any cost-neutral provisions.(D)The contract shall include a provision that all data collected from the sound-activated enforcement devices is confidential and shall prohibit the manufacturer or supplier of noise safety systems from sharing, repurposing, or monetizing collected data, except as specifically authorized in this article. The participating city shall oversee and maintain control over all enforcement activities, including the determination of when a notice of violation should be issued.(3)If a violation of this section occurs, a participating city shall not do either of the following:(A)Impose a penalty for a drivers first violation.(B)Penalize a driver more than once within one calendar month of a prior notice of violation.(4)If a violation of this section occurs, a participating city shall do all of the following:(A)Impose a penalty on a driver who has previously received a notice of violation.(B)Process and issue a notice of violation within 30 business days of the violation.(C)Prominently include information regarding low-income and ability-to-pay programs in all notices of violation.(D)Consider an alleged violators ability to pay the penalty and allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.(c)As used in this section, the following definitions apply:(1)A participating city means a city or city and county in association with its department of transportation or, if a city or city and county does not have a department of transportation, its administrative division, including, but not limited to, a public works department that administers transportation and traffic matters under this code.(2)A sound-activated enforcement system means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement system shall do all of the following:(A)Record audio, precision accuracy noise levels, and high definition video in two directions.(B)Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review by the participating city.(C)Automatically delete any evidence not related to a violation.(D)Permit a participating city to manually review evidence to ensure a violation has occurred prior to submitting a notice of violation.(E)Permit a participating city to delete data when no violation is found or the city is unable to identify the offending vehicle.(F)Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013.(d)(1)Participating cities shall prepare and submit annually, on December 31, a report to the Legislature that evaluates and determines the effectiveness of the pilot program and includes all of the following information:(A)A description of how and where the sound-activated enforcement system was used.(B)The number of citations issued and dismissed, including any data on the increase or decrease over time in the number of citations issued.(C)The number and percentage of persons receiving two or more citations or receiving one or more citations after receiving a warning notice issued using a sound-activated enforcement system.(D)The number and percentage of violators for which a reduction in the fine or full fee waiver was sought and granted.(E)A full financial accounting of the pilot program, including, but not limited to, an itemization of costs incurred by the city of operating the sound-activated enforcement devices and the use of any revenue generated.(F)Whether and how often any system data was shared with outside entities, the name of any recipient, the type or types of data disclosed, and the legal reason for the disclosure.(G)A summary of any community complaints or concerns about a sound-activated enforcement device.(H)The results of any internal audits, information about a violation of the Sound-Activated Enforcement Device Use Policy, and any actions taken in response.(2)The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(e)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.SECTION 1. Section 27150.4 is added to the Vehicle Code, to read:27150.4. (a) The Department of the California Highway Patrol shall evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least three different companies.(b) (1) On or before January 1, 2025, the department shall prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, which shall include all of the following information:(A) How effective the devices are at determining that a vehicle was not equipped with an adequate muffler in constant operation and properly maintained in accordance with the requirements of Article 2.5 (commencing with Section 27200).(B) How often the device identified a potential violation that was not related to a violation of Section 27150, and the types of sounds other than a loud muffler that triggered the device.(C) What percentage of time an officer was unable to determine the source of the sound that activated the device.(D) How often the device was required to be serviced.(E) What, if any, technology does the sound-activated enforcement system use to determine the direction or source of the sound that violated the sound limits provided for in Article 2.5 (commencing with Section 27200).(F) Where the devices were located, and whether the location had any consequences to the effectiveness of the device.(G) The number of devices the department tested and from which companies were the devices that were tested.(H) Recommendations on all of the following:(i) Which, if any, device or devices would the department recommend be used for the purposes of enforcing Sections 27150 and 27151, and the reasons for that determination. If the department determines that it does not recommend any of the devices tested, the report shall include the standards and parameters that shall be met by future technology.(ii) What, if any, restrictions should be placed on the use of sound-activated enforcement devices in enforcing Sections 27150 and 27151, including, but not limited to, the decibel level setting for triggering a potential violation for the purposes of enforcement.(iii) Where the devices should be optimally located in order to reduce the chances of a false violation.(iv) Descriptions and explanation of any necessary and associated training that an individual reviewing these violations would need to go through in order to operate the device, including recommendations for what is necessary for a robust human review process.(v) Any other recommendations the department believes would be necessary for authorizing the use of sound-activated enforcement devices.(I) A video demonstrating the device. The video shall be edited to remove any personally identifying information, including the blurring of persons recorded in the video, street addresses, and license plates.(2) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall delete all videos recorded on a highway by a device within five days of the video being recorded. However, the department shall keep 15 videos from the devices of each company evaluated for the purposes of preparing the report required by this section and documenting the issues related to each device that helped the department make its recommendations. The department shall not keep any recording that picked up audio of a person speaking, if recorded on a highway.(d) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, or any other law, information collected and maintained by the department using a sound-activated enforcement device shall be confidential and only be used for purposes of this section, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by the reporting requirements in this section, state or federal law, court order, or in response to a subpoena in an individual case or proceeding.(e) For purposes of this section, sound-activated enforcement device or device means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement device shall do all of the following:(1) Record audio, precision accuracy noise levels, and high definition video in two directions.(2) Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review.(3) Automatically delete any evidence not related to a violation.(4) Permit the department to manually review evidence to ensure a violation has occurred.(5) Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013, or any other accuracy standard determined to be appropriate by the department.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 27150.4 to the Vehicle Code, imposes a limitation on the publics 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 notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.
Amended IN Assembly June 22, 2022 Amended IN Senate May 23, 2022 Amended IN Senate March 29, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1079Introduced by Senator Portantino(Coauthors: Senators Archuleta and Min)(Coauthors: Assembly Members Luz Rivas and Petrie-Norris)February 15, 2022An act to add and repeal Section 27150.4 of to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1079, as amended, Portantino. Vehicles: sound-activated enforcement devices.Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards.This bill would authorize 6 unspecified cities to conduct a pilot program, as specified, using sound-activated enforcement devices, as defined, to capture vehicle noise levels that exceed the legal limits described above. As part of the pilot program, this bill would require the participating cities to, among other things, adopt a Sound-Activated Enforcement Device Use Policy, administer a public information campaign, and prepare and submit a report to the Legislature annually, on December 31, that evaluates and determines the effectiveness of the pilot program, as specified. The bill would repeal these provisions on January 1, 2028.This bill would require the Department of the California Highway Patrol to evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least 3 different companies, and would require the department, on or before January 1, 2025, to prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, as specified.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly June 22, 2022 Amended IN Senate May 23, 2022 Amended IN Senate March 29, 2022
Amended IN Assembly June 22, 2022
Amended IN Senate May 23, 2022
Amended IN Senate March 29, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1079
Introduced by Senator Portantino(Coauthors: Senators Archuleta and Min)(Coauthors: Assembly Members Luz Rivas and Petrie-Norris)February 15, 2022
Introduced by Senator Portantino(Coauthors: Senators Archuleta and Min)(Coauthors: Assembly Members Luz Rivas and Petrie-Norris)
February 15, 2022
An act to add and repeal Section 27150.4 of to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1079, as amended, Portantino. Vehicles: sound-activated enforcement devices.
Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards.This bill would authorize 6 unspecified cities to conduct a pilot program, as specified, using sound-activated enforcement devices, as defined, to capture vehicle noise levels that exceed the legal limits described above. As part of the pilot program, this bill would require the participating cities to, among other things, adopt a Sound-Activated Enforcement Device Use Policy, administer a public information campaign, and prepare and submit a report to the Legislature annually, on December 31, that evaluates and determines the effectiveness of the pilot program, as specified. The bill would repeal these provisions on January 1, 2028.This bill would require the Department of the California Highway Patrol to evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least 3 different companies, and would require the department, on or before January 1, 2025, to prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, as specified.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.
Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards.
This bill would authorize 6 unspecified cities to conduct a pilot program, as specified, using sound-activated enforcement devices, as defined, to capture vehicle noise levels that exceed the legal limits described above. As part of the pilot program, this bill would require the participating cities to, among other things, adopt a Sound-Activated Enforcement Device Use Policy, administer a public information campaign, and prepare and submit a report to the Legislature annually, on December 31, that evaluates and determines the effectiveness of the pilot program, as specified. The bill would repeal these provisions on January 1, 2028.
This bill would require the Department of the California Highway Patrol to evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least 3 different companies, and would require the department, on or before January 1, 2025, to prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, as specified.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 27150.4 is added to the Vehicle Code, to read:27150.4.(a)The six cities ____, to be named by ____, may conduct a pilot program to evaluate the use of sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151 in accordance with the following requirements:(1)The pilot program shall operate from January 1, 2023, to December 31, 2027, inclusive.(2)(A)Sound-activated enforcement devices shall be distributed across a participating city and shall not be disproportionately placed in a single area or placed solely in areas of similar socioeconomic status.(B)If a participating city proposes to establish a sound-activated enforcement system, the city council shall establish a process for taking public input on the location and placement of the technology, conduct a public hearing prior to the adoption of those placements, and vote to authorize their placement.(3)A sound-activated enforcement program shall clearly identify the presence of the sound-activated system by placing signs that state Automated Vehicle Noise Enforcement within 500 feet of the system. The signs shall be visible to traffic traveling on the street from the direction of travel for which the system is utilized.(4)(A)Notwithstanding Section 6253 of the Government Code, or any other law, information collected and maintained by a participating city using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding. Data about the number of activations of the sound-activated enforcement device, number of violations issued and the sound levels at which they were issued for, and number of violations dismissed and reasons for dismissal are not considered administrative records required to be confidential by this section.(B)Notwithstanding subparagraph (A), the registered owner of the vehicle, or an individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation, shall be permitted to review the video or visual evidence of the alleged violation.(5)Revenues derived from the utilization of a sound-activated enforcement device shall first be used by the participating city to recover the costs of the program created pursuant to this section, and may also be used for traffic calming measures, including, but not limited to, bicycle lanes, chicanes, chokers, curb extensions, median islands, raised crosswalks, road diets, roundabouts, speed humps or speed tables, and traffic circles.(6)Each sound-activated enforcement device shall undergo an annual calibration check performed by an independent calibration laboratory, which shall issue a signed certificate of calibration. The participating city shall keep the annual certificate of calibration on file.(b)(1)A participating city that operates a sound-activated enforcement device shall do all of the following:(A)Consult and work collaboratively with relevant local stakeholder organizations in developing the Sound-Activated Enforcement Device Use Policy.(B)Adopt a Sound-Activated Enforcement Device Use Policy before entering into an agreement with a manufacturer or supplier of sound-activated enforcement devices, purchasing or leasing equipment for a program, or implementing a program. The Sound-Activated Enforcement Device Use Policy shall include all of the following:(i)The specific purpose for the system, the uses that are authorized, the rules and processes required prior to that use, and the uses that are prohibited.(ii)Uniform guidelines for screening and issuing violations, the data or information that can be collected by a sound-activated enforcement device, the individuals who can access or use the collected information, and the rules and processes related to the access or use of the information.(iii)Provisions for protecting data from unauthorized access, data retention, public access, third-party data sharing, training, auditing, and oversight to ensure compliance with the Sound-Activated Enforcement Device Use Policy.(C)Make the Sound-Activated Enforcement Device Use Policy available for public review, including, but not limited to, by posting it on the participating citys internet website at least 30 calendar days prior to adoption by the participating city.(D)Establish guidelines for the selection of a location. Prior to installing a sound-activated enforcement device, the participating city shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to an ongoing problem with violations of Sections 27151 and 23109 that cannot reasonably be addressed using traditional law enforcement methods.(E)Post information about the program on its internet website.(F)Ensure that the equipment is regularly inspected.(G)Certify that the equipment is properly installed and calibrated, and is operating properly.(H)Prior to issuing citations under this section, and at least 30 days prior to the commencement of the enforcement program, administer a public information campaign that includes public announcements in major media outlets and press releases. The public information campaign shall include all of the following:(i)A draft Sound-Activated Enforcement Device Use Policy pursuant to subparagraphs (A), (B), and (C).(ii)Information regarding when devices will begin detecting violations.(iii)The streets, or portions of streets, where devices will be utilized.(iv)The address of the citys internet website where additional information about the program can be obtained pursuant to subparagraph (E).(I)Adopt regulations allowing a penalty waiver for a low-income motor vehicle owner, as defined in subdivision (h) of Section 44062.1 of the Health and Safety Code.(J)Regularly inspect and maintain warning signs.(K)Maintain controls necessary to ensure that only those citations that have been reviewed and approved by the designated city department are delivered to alleged violators.(L)Manually review evidence collected by a sound-activated enforcement system to ensure a violation has occurred before submitting a notice of violation.(M)Delete evidence collected by a sound-activated enforcement system that is not related to a violation or if the participating city is unable to identify the offending vehicle.(N)Destroy evidence related to a violation collected under this pilot program upon the final resolution of the notice of violation.(2)(A)A participating city may contract for the activities listed in paragraph (1) that relate to the operation of the system if the participating city maintains overall control and supervision of the system. However, the activities listed in subparagraphs (A), (B), (C), (D), (H), (I), (K), (L), (M), and (N) of paragraph (1) shall not be contracted out to a manufacturer or supplier of the sound-activated enforcement device.(B)A contract between a participating city and a manufacturer or supplier of sound-activated enforcement devices shall allow the participating city to purchase materials, lease equipment, and contract for processing services from the manufacturer or supplier based on the services rendered on a monthly schedule or another schedule agreed upon by the participating city and contractor.(C)The contract shall not include provisions for payment or compensation based on the number of notices of violation issued, or as a percentage of revenue generated, from the use of the system, nor shall the contract include any cost-neutral provisions.(D)The contract shall include a provision that all data collected from the sound-activated enforcement devices is confidential and shall prohibit the manufacturer or supplier of noise safety systems from sharing, repurposing, or monetizing collected data, except as specifically authorized in this article. The participating city shall oversee and maintain control over all enforcement activities, including the determination of when a notice of violation should be issued.(3)If a violation of this section occurs, a participating city shall not do either of the following:(A)Impose a penalty for a drivers first violation.(B)Penalize a driver more than once within one calendar month of a prior notice of violation.(4)If a violation of this section occurs, a participating city shall do all of the following:(A)Impose a penalty on a driver who has previously received a notice of violation.(B)Process and issue a notice of violation within 30 business days of the violation.(C)Prominently include information regarding low-income and ability-to-pay programs in all notices of violation.(D)Consider an alleged violators ability to pay the penalty and allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.(c)As used in this section, the following definitions apply:(1)A participating city means a city or city and county in association with its department of transportation or, if a city or city and county does not have a department of transportation, its administrative division, including, but not limited to, a public works department that administers transportation and traffic matters under this code.(2)A sound-activated enforcement system means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement system shall do all of the following:(A)Record audio, precision accuracy noise levels, and high definition video in two directions.(B)Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review by the participating city.(C)Automatically delete any evidence not related to a violation.(D)Permit a participating city to manually review evidence to ensure a violation has occurred prior to submitting a notice of violation.(E)Permit a participating city to delete data when no violation is found or the city is unable to identify the offending vehicle.(F)Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013.(d)(1)Participating cities shall prepare and submit annually, on December 31, a report to the Legislature that evaluates and determines the effectiveness of the pilot program and includes all of the following information:(A)A description of how and where the sound-activated enforcement system was used.(B)The number of citations issued and dismissed, including any data on the increase or decrease over time in the number of citations issued.(C)The number and percentage of persons receiving two or more citations or receiving one or more citations after receiving a warning notice issued using a sound-activated enforcement system.(D)The number and percentage of violators for which a reduction in the fine or full fee waiver was sought and granted.(E)A full financial accounting of the pilot program, including, but not limited to, an itemization of costs incurred by the city of operating the sound-activated enforcement devices and the use of any revenue generated.(F)Whether and how often any system data was shared with outside entities, the name of any recipient, the type or types of data disclosed, and the legal reason for the disclosure.(G)A summary of any community complaints or concerns about a sound-activated enforcement device.(H)The results of any internal audits, information about a violation of the Sound-Activated Enforcement Device Use Policy, and any actions taken in response.(2)The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(e)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.SECTION 1. Section 27150.4 is added to the Vehicle Code, to read:27150.4. (a) The Department of the California Highway Patrol shall evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least three different companies.(b) (1) On or before January 1, 2025, the department shall prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, which shall include all of the following information:(A) How effective the devices are at determining that a vehicle was not equipped with an adequate muffler in constant operation and properly maintained in accordance with the requirements of Article 2.5 (commencing with Section 27200).(B) How often the device identified a potential violation that was not related to a violation of Section 27150, and the types of sounds other than a loud muffler that triggered the device.(C) What percentage of time an officer was unable to determine the source of the sound that activated the device.(D) How often the device was required to be serviced.(E) What, if any, technology does the sound-activated enforcement system use to determine the direction or source of the sound that violated the sound limits provided for in Article 2.5 (commencing with Section 27200).(F) Where the devices were located, and whether the location had any consequences to the effectiveness of the device.(G) The number of devices the department tested and from which companies were the devices that were tested.(H) Recommendations on all of the following:(i) Which, if any, device or devices would the department recommend be used for the purposes of enforcing Sections 27150 and 27151, and the reasons for that determination. If the department determines that it does not recommend any of the devices tested, the report shall include the standards and parameters that shall be met by future technology.(ii) What, if any, restrictions should be placed on the use of sound-activated enforcement devices in enforcing Sections 27150 and 27151, including, but not limited to, the decibel level setting for triggering a potential violation for the purposes of enforcement.(iii) Where the devices should be optimally located in order to reduce the chances of a false violation.(iv) Descriptions and explanation of any necessary and associated training that an individual reviewing these violations would need to go through in order to operate the device, including recommendations for what is necessary for a robust human review process.(v) Any other recommendations the department believes would be necessary for authorizing the use of sound-activated enforcement devices.(I) A video demonstrating the device. The video shall be edited to remove any personally identifying information, including the blurring of persons recorded in the video, street addresses, and license plates.(2) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall delete all videos recorded on a highway by a device within five days of the video being recorded. However, the department shall keep 15 videos from the devices of each company evaluated for the purposes of preparing the report required by this section and documenting the issues related to each device that helped the department make its recommendations. The department shall not keep any recording that picked up audio of a person speaking, if recorded on a highway.(d) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, or any other law, information collected and maintained by the department using a sound-activated enforcement device shall be confidential and only be used for purposes of this section, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by the reporting requirements in this section, state or federal law, court order, or in response to a subpoena in an individual case or proceeding.(e) For purposes of this section, sound-activated enforcement device or device means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement device shall do all of the following:(1) Record audio, precision accuracy noise levels, and high definition video in two directions.(2) Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review.(3) Automatically delete any evidence not related to a violation.(4) Permit the department to manually review evidence to ensure a violation has occurred.(5) Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013, or any other accuracy standard determined to be appropriate by the department.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 27150.4 to the Vehicle Code, imposes a limitation on the publics 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 notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)The six cities ____, to be named by ____, may conduct a pilot program to evaluate the use of sound-activated enforcement devices to capture vehicle noise levels that exceed the legal sound limit set by Section 27151 in accordance with the following requirements:
(1)The pilot program shall operate from January 1, 2023, to December 31, 2027, inclusive.
(2)(A)Sound-activated enforcement devices shall be distributed across a participating city and shall not be disproportionately placed in a single area or placed solely in areas of similar socioeconomic status.
(B)If a participating city proposes to establish a sound-activated enforcement system, the city council shall establish a process for taking public input on the location and placement of the technology, conduct a public hearing prior to the adoption of those placements, and vote to authorize their placement.
(3)A sound-activated enforcement program shall clearly identify the presence of the sound-activated system by placing signs that state Automated Vehicle Noise Enforcement within 500 feet of the system. The signs shall be visible to traffic traveling on the street from the direction of travel for which the system is utilized.
(4)(A)Notwithstanding Section 6253 of the Government Code, or any other law, information collected and maintained by a participating city using a sound-activated enforcement device shall be confidential and only be used to administer the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding. Data about the number of activations of the sound-activated enforcement device, number of violations issued and the sound levels at which they were issued for, and number of violations dismissed and reasons for dismissal are not considered administrative records required to be confidential by this section.
(B)Notwithstanding subparagraph (A), the registered owner of the vehicle, or an individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation, shall be permitted to review the video or visual evidence of the alleged violation.
(5)Revenues derived from the utilization of a sound-activated enforcement device shall first be used by the participating city to recover the costs of the program created pursuant to this section, and may also be used for traffic calming measures, including, but not limited to, bicycle lanes, chicanes, chokers, curb extensions, median islands, raised crosswalks, road diets, roundabouts, speed humps or speed tables, and traffic circles.
(6)Each sound-activated enforcement device shall undergo an annual calibration check performed by an independent calibration laboratory, which shall issue a signed certificate of calibration. The participating city shall keep the annual certificate of calibration on file.
(b)(1)A participating city that operates a sound-activated enforcement device shall do all of the following:
(A)Consult and work collaboratively with relevant local stakeholder organizations in developing the Sound-Activated Enforcement Device Use Policy.
(B)Adopt a Sound-Activated Enforcement Device Use Policy before entering into an agreement with a manufacturer or supplier of sound-activated enforcement devices, purchasing or leasing equipment for a program, or implementing a program. The Sound-Activated Enforcement Device Use Policy shall include all of the following:
(i)The specific purpose for the system, the uses that are authorized, the rules and processes required prior to that use, and the uses that are prohibited.
(ii)Uniform guidelines for screening and issuing violations, the data or information that can be collected by a sound-activated enforcement device, the individuals who can access or use the collected information, and the rules and processes related to the access or use of the information.
(iii)Provisions for protecting data from unauthorized access, data retention, public access, third-party data sharing, training, auditing, and oversight to ensure compliance with the Sound-Activated Enforcement Device Use Policy.
(C)Make the Sound-Activated Enforcement Device Use Policy available for public review, including, but not limited to, by posting it on the participating citys internet website at least 30 calendar days prior to adoption by the participating city.
(D)Establish guidelines for the selection of a location. Prior to installing a sound-activated enforcement device, the participating city shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to an ongoing problem with violations of Sections 27151 and 23109 that cannot reasonably be addressed using traditional law enforcement methods.
(E)Post information about the program on its internet website.
(F)Ensure that the equipment is regularly inspected.
(G)Certify that the equipment is properly installed and calibrated, and is operating properly.
(H)Prior to issuing citations under this section, and at least 30 days prior to the commencement of the enforcement program, administer a public information campaign that includes public announcements in major media outlets and press releases. The public information campaign shall include all of the following:
(i)A draft Sound-Activated Enforcement Device Use Policy pursuant to subparagraphs (A), (B), and (C).
(ii)Information regarding when devices will begin detecting violations.
(iii)The streets, or portions of streets, where devices will be utilized.
(iv)The address of the citys internet website where additional information about the program can be obtained pursuant to subparagraph (E).
(I)Adopt regulations allowing a penalty waiver for a low-income motor vehicle owner, as defined in subdivision (h) of Section 44062.1 of the Health and Safety Code.
(J)Regularly inspect and maintain warning signs.
(K)Maintain controls necessary to ensure that only those citations that have been reviewed and approved by the designated city department are delivered to alleged violators.
(L)Manually review evidence collected by a sound-activated enforcement system to ensure a violation has occurred before submitting a notice of violation.
(M)Delete evidence collected by a sound-activated enforcement system that is not related to a violation or if the participating city is unable to identify the offending vehicle.
(N)Destroy evidence related to a violation collected under this pilot program upon the final resolution of the notice of violation.
(2)(A)A participating city may contract for the activities listed in paragraph (1) that relate to the operation of the system if the participating city maintains overall control and supervision of the system. However, the activities listed in subparagraphs (A), (B), (C), (D), (H), (I), (K), (L), (M), and (N) of paragraph (1) shall not be contracted out to a manufacturer or supplier of the sound-activated enforcement device.
(B)A contract between a participating city and a manufacturer or supplier of sound-activated enforcement devices shall allow the participating city to purchase materials, lease equipment, and contract for processing services from the manufacturer or supplier based on the services rendered on a monthly schedule or another schedule agreed upon by the participating city and contractor.
(C)The contract shall not include provisions for payment or compensation based on the number of notices of violation issued, or as a percentage of revenue generated, from the use of the system, nor shall the contract include any cost-neutral provisions.
(D)The contract shall include a provision that all data collected from the sound-activated enforcement devices is confidential and shall prohibit the manufacturer or supplier of noise safety systems from sharing, repurposing, or monetizing collected data, except as specifically authorized in this article. The participating city shall oversee and maintain control over all enforcement activities, including the determination of when a notice of violation should be issued.
(3)If a violation of this section occurs, a participating city shall not do either of the following:
(A)Impose a penalty for a drivers first violation.
(B)Penalize a driver more than once within one calendar month of a prior notice of violation.
(4)If a violation of this section occurs, a participating city shall do all of the following:
(A)Impose a penalty on a driver who has previously received a notice of violation.
(B)Process and issue a notice of violation within 30 business days of the violation.
(C)Prominently include information regarding low-income and ability-to-pay programs in all notices of violation.
(D)Consider an alleged violators ability to pay the penalty and allow payment of the penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the penalty in full.
(c)As used in this section, the following definitions apply:
(1)A participating city means a city or city and county in association with its department of transportation or, if a city or city and county does not have a department of transportation, its administrative division, including, but not limited to, a public works department that administers transportation and traffic matters under this code.
(2)A sound-activated enforcement system means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement system shall do all of the following:
(A)Record audio, precision accuracy noise levels, and high definition video in two directions.
(B)Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review by the participating city.
(C)Automatically delete any evidence not related to a violation.
(D)Permit a participating city to manually review evidence to ensure a violation has occurred prior to submitting a notice of violation.
(E)Permit a participating city to delete data when no violation is found or the city is unable to identify the offending vehicle.
(F)Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013.
(d)(1)Participating cities shall prepare and submit annually, on December 31, a report to the Legislature that evaluates and determines the effectiveness of the pilot program and includes all of the following information:
(A)A description of how and where the sound-activated enforcement system was used.
(B)The number of citations issued and dismissed, including any data on the increase or decrease over time in the number of citations issued.
(C)The number and percentage of persons receiving two or more citations or receiving one or more citations after receiving a warning notice issued using a sound-activated enforcement system.
(D)The number and percentage of violators for which a reduction in the fine or full fee waiver was sought and granted.
(E)A full financial accounting of the pilot program, including, but not limited to, an itemization of costs incurred by the city of operating the sound-activated enforcement devices and the use of any revenue generated.
(F)Whether and how often any system data was shared with outside entities, the name of any recipient, the type or types of data disclosed, and the legal reason for the disclosure.
(G)A summary of any community complaints or concerns about a sound-activated enforcement device.
(H)The results of any internal audits, information about a violation of the Sound-Activated Enforcement Device Use Policy, and any actions taken in response.
(2)The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(e)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SECTION 1. Section 27150.4 is added to the Vehicle Code, to read:27150.4. (a) The Department of the California Highway Patrol shall evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least three different companies.(b) (1) On or before January 1, 2025, the department shall prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, which shall include all of the following information:(A) How effective the devices are at determining that a vehicle was not equipped with an adequate muffler in constant operation and properly maintained in accordance with the requirements of Article 2.5 (commencing with Section 27200).(B) How often the device identified a potential violation that was not related to a violation of Section 27150, and the types of sounds other than a loud muffler that triggered the device.(C) What percentage of time an officer was unable to determine the source of the sound that activated the device.(D) How often the device was required to be serviced.(E) What, if any, technology does the sound-activated enforcement system use to determine the direction or source of the sound that violated the sound limits provided for in Article 2.5 (commencing with Section 27200).(F) Where the devices were located, and whether the location had any consequences to the effectiveness of the device.(G) The number of devices the department tested and from which companies were the devices that were tested.(H) Recommendations on all of the following:(i) Which, if any, device or devices would the department recommend be used for the purposes of enforcing Sections 27150 and 27151, and the reasons for that determination. If the department determines that it does not recommend any of the devices tested, the report shall include the standards and parameters that shall be met by future technology.(ii) What, if any, restrictions should be placed on the use of sound-activated enforcement devices in enforcing Sections 27150 and 27151, including, but not limited to, the decibel level setting for triggering a potential violation for the purposes of enforcement.(iii) Where the devices should be optimally located in order to reduce the chances of a false violation.(iv) Descriptions and explanation of any necessary and associated training that an individual reviewing these violations would need to go through in order to operate the device, including recommendations for what is necessary for a robust human review process.(v) Any other recommendations the department believes would be necessary for authorizing the use of sound-activated enforcement devices.(I) A video demonstrating the device. The video shall be edited to remove any personally identifying information, including the blurring of persons recorded in the video, street addresses, and license plates.(2) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall delete all videos recorded on a highway by a device within five days of the video being recorded. However, the department shall keep 15 videos from the devices of each company evaluated for the purposes of preparing the report required by this section and documenting the issues related to each device that helped the department make its recommendations. The department shall not keep any recording that picked up audio of a person speaking, if recorded on a highway.(d) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, or any other law, information collected and maintained by the department using a sound-activated enforcement device shall be confidential and only be used for purposes of this section, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by the reporting requirements in this section, state or federal law, court order, or in response to a subpoena in an individual case or proceeding.(e) For purposes of this section, sound-activated enforcement device or device means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement device shall do all of the following:(1) Record audio, precision accuracy noise levels, and high definition video in two directions.(2) Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review.(3) Automatically delete any evidence not related to a violation.(4) Permit the department to manually review evidence to ensure a violation has occurred.(5) Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013, or any other accuracy standard determined to be appropriate by the department.
SECTION 1. Section 27150.4 is added to the Vehicle Code, to read:
### SECTION 1.
27150.4. (a) The Department of the California Highway Patrol shall evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least three different companies.(b) (1) On or before January 1, 2025, the department shall prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, which shall include all of the following information:(A) How effective the devices are at determining that a vehicle was not equipped with an adequate muffler in constant operation and properly maintained in accordance with the requirements of Article 2.5 (commencing with Section 27200).(B) How often the device identified a potential violation that was not related to a violation of Section 27150, and the types of sounds other than a loud muffler that triggered the device.(C) What percentage of time an officer was unable to determine the source of the sound that activated the device.(D) How often the device was required to be serviced.(E) What, if any, technology does the sound-activated enforcement system use to determine the direction or source of the sound that violated the sound limits provided for in Article 2.5 (commencing with Section 27200).(F) Where the devices were located, and whether the location had any consequences to the effectiveness of the device.(G) The number of devices the department tested and from which companies were the devices that were tested.(H) Recommendations on all of the following:(i) Which, if any, device or devices would the department recommend be used for the purposes of enforcing Sections 27150 and 27151, and the reasons for that determination. If the department determines that it does not recommend any of the devices tested, the report shall include the standards and parameters that shall be met by future technology.(ii) What, if any, restrictions should be placed on the use of sound-activated enforcement devices in enforcing Sections 27150 and 27151, including, but not limited to, the decibel level setting for triggering a potential violation for the purposes of enforcement.(iii) Where the devices should be optimally located in order to reduce the chances of a false violation.(iv) Descriptions and explanation of any necessary and associated training that an individual reviewing these violations would need to go through in order to operate the device, including recommendations for what is necessary for a robust human review process.(v) Any other recommendations the department believes would be necessary for authorizing the use of sound-activated enforcement devices.(I) A video demonstrating the device. The video shall be edited to remove any personally identifying information, including the blurring of persons recorded in the video, street addresses, and license plates.(2) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall delete all videos recorded on a highway by a device within five days of the video being recorded. However, the department shall keep 15 videos from the devices of each company evaluated for the purposes of preparing the report required by this section and documenting the issues related to each device that helped the department make its recommendations. The department shall not keep any recording that picked up audio of a person speaking, if recorded on a highway.(d) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, or any other law, information collected and maintained by the department using a sound-activated enforcement device shall be confidential and only be used for purposes of this section, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by the reporting requirements in this section, state or federal law, court order, or in response to a subpoena in an individual case or proceeding.(e) For purposes of this section, sound-activated enforcement device or device means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement device shall do all of the following:(1) Record audio, precision accuracy noise levels, and high definition video in two directions.(2) Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review.(3) Automatically delete any evidence not related to a violation.(4) Permit the department to manually review evidence to ensure a violation has occurred.(5) Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013, or any other accuracy standard determined to be appropriate by the department.
27150.4. (a) The Department of the California Highway Patrol shall evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least three different companies.(b) (1) On or before January 1, 2025, the department shall prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, which shall include all of the following information:(A) How effective the devices are at determining that a vehicle was not equipped with an adequate muffler in constant operation and properly maintained in accordance with the requirements of Article 2.5 (commencing with Section 27200).(B) How often the device identified a potential violation that was not related to a violation of Section 27150, and the types of sounds other than a loud muffler that triggered the device.(C) What percentage of time an officer was unable to determine the source of the sound that activated the device.(D) How often the device was required to be serviced.(E) What, if any, technology does the sound-activated enforcement system use to determine the direction or source of the sound that violated the sound limits provided for in Article 2.5 (commencing with Section 27200).(F) Where the devices were located, and whether the location had any consequences to the effectiveness of the device.(G) The number of devices the department tested and from which companies were the devices that were tested.(H) Recommendations on all of the following:(i) Which, if any, device or devices would the department recommend be used for the purposes of enforcing Sections 27150 and 27151, and the reasons for that determination. If the department determines that it does not recommend any of the devices tested, the report shall include the standards and parameters that shall be met by future technology.(ii) What, if any, restrictions should be placed on the use of sound-activated enforcement devices in enforcing Sections 27150 and 27151, including, but not limited to, the decibel level setting for triggering a potential violation for the purposes of enforcement.(iii) Where the devices should be optimally located in order to reduce the chances of a false violation.(iv) Descriptions and explanation of any necessary and associated training that an individual reviewing these violations would need to go through in order to operate the device, including recommendations for what is necessary for a robust human review process.(v) Any other recommendations the department believes would be necessary for authorizing the use of sound-activated enforcement devices.(I) A video demonstrating the device. The video shall be edited to remove any personally identifying information, including the blurring of persons recorded in the video, street addresses, and license plates.(2) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall delete all videos recorded on a highway by a device within five days of the video being recorded. However, the department shall keep 15 videos from the devices of each company evaluated for the purposes of preparing the report required by this section and documenting the issues related to each device that helped the department make its recommendations. The department shall not keep any recording that picked up audio of a person speaking, if recorded on a highway.(d) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, or any other law, information collected and maintained by the department using a sound-activated enforcement device shall be confidential and only be used for purposes of this section, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by the reporting requirements in this section, state or federal law, court order, or in response to a subpoena in an individual case or proceeding.(e) For purposes of this section, sound-activated enforcement device or device means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement device shall do all of the following:(1) Record audio, precision accuracy noise levels, and high definition video in two directions.(2) Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review.(3) Automatically delete any evidence not related to a violation.(4) Permit the department to manually review evidence to ensure a violation has occurred.(5) Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013, or any other accuracy standard determined to be appropriate by the department.
27150.4. (a) The Department of the California Highway Patrol shall evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least three different companies.(b) (1) On or before January 1, 2025, the department shall prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, which shall include all of the following information:(A) How effective the devices are at determining that a vehicle was not equipped with an adequate muffler in constant operation and properly maintained in accordance with the requirements of Article 2.5 (commencing with Section 27200).(B) How often the device identified a potential violation that was not related to a violation of Section 27150, and the types of sounds other than a loud muffler that triggered the device.(C) What percentage of time an officer was unable to determine the source of the sound that activated the device.(D) How often the device was required to be serviced.(E) What, if any, technology does the sound-activated enforcement system use to determine the direction or source of the sound that violated the sound limits provided for in Article 2.5 (commencing with Section 27200).(F) Where the devices were located, and whether the location had any consequences to the effectiveness of the device.(G) The number of devices the department tested and from which companies were the devices that were tested.(H) Recommendations on all of the following:(i) Which, if any, device or devices would the department recommend be used for the purposes of enforcing Sections 27150 and 27151, and the reasons for that determination. If the department determines that it does not recommend any of the devices tested, the report shall include the standards and parameters that shall be met by future technology.(ii) What, if any, restrictions should be placed on the use of sound-activated enforcement devices in enforcing Sections 27150 and 27151, including, but not limited to, the decibel level setting for triggering a potential violation for the purposes of enforcement.(iii) Where the devices should be optimally located in order to reduce the chances of a false violation.(iv) Descriptions and explanation of any necessary and associated training that an individual reviewing these violations would need to go through in order to operate the device, including recommendations for what is necessary for a robust human review process.(v) Any other recommendations the department believes would be necessary for authorizing the use of sound-activated enforcement devices.(I) A video demonstrating the device. The video shall be edited to remove any personally identifying information, including the blurring of persons recorded in the video, street addresses, and license plates.(2) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c) The department shall delete all videos recorded on a highway by a device within five days of the video being recorded. However, the department shall keep 15 videos from the devices of each company evaluated for the purposes of preparing the report required by this section and documenting the issues related to each device that helped the department make its recommendations. The department shall not keep any recording that picked up audio of a person speaking, if recorded on a highway.(d) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, or any other law, information collected and maintained by the department using a sound-activated enforcement device shall be confidential and only be used for purposes of this section, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by the reporting requirements in this section, state or federal law, court order, or in response to a subpoena in an individual case or proceeding.(e) For purposes of this section, sound-activated enforcement device or device means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement device shall do all of the following:(1) Record audio, precision accuracy noise levels, and high definition video in two directions.(2) Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review.(3) Automatically delete any evidence not related to a violation.(4) Permit the department to manually review evidence to ensure a violation has occurred.(5) Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013, or any other accuracy standard determined to be appropriate by the department.
27150.4. (a) The Department of the California Highway Patrol shall evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least three different companies.
(b) (1) On or before January 1, 2025, the department shall prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, which shall include all of the following information:
(A) How effective the devices are at determining that a vehicle was not equipped with an adequate muffler in constant operation and properly maintained in accordance with the requirements of Article 2.5 (commencing with Section 27200).
(B) How often the device identified a potential violation that was not related to a violation of Section 27150, and the types of sounds other than a loud muffler that triggered the device.
(C) What percentage of time an officer was unable to determine the source of the sound that activated the device.
(D) How often the device was required to be serviced.
(E) What, if any, technology does the sound-activated enforcement system use to determine the direction or source of the sound that violated the sound limits provided for in Article 2.5 (commencing with Section 27200).
(F) Where the devices were located, and whether the location had any consequences to the effectiveness of the device.
(G) The number of devices the department tested and from which companies were the devices that were tested.
(H) Recommendations on all of the following:
(i) Which, if any, device or devices would the department recommend be used for the purposes of enforcing Sections 27150 and 27151, and the reasons for that determination. If the department determines that it does not recommend any of the devices tested, the report shall include the standards and parameters that shall be met by future technology.
(ii) What, if any, restrictions should be placed on the use of sound-activated enforcement devices in enforcing Sections 27150 and 27151, including, but not limited to, the decibel level setting for triggering a potential violation for the purposes of enforcement.
(iii) Where the devices should be optimally located in order to reduce the chances of a false violation.
(iv) Descriptions and explanation of any necessary and associated training that an individual reviewing these violations would need to go through in order to operate the device, including recommendations for what is necessary for a robust human review process.
(v) Any other recommendations the department believes would be necessary for authorizing the use of sound-activated enforcement devices.
(I) A video demonstrating the device. The video shall be edited to remove any personally identifying information, including the blurring of persons recorded in the video, street addresses, and license plates.
(2) The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(c) The department shall delete all videos recorded on a highway by a device within five days of the video being recorded. However, the department shall keep 15 videos from the devices of each company evaluated for the purposes of preparing the report required by this section and documenting the issues related to each device that helped the department make its recommendations. The department shall not keep any recording that picked up audio of a person speaking, if recorded on a highway.
(d) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, or any other law, information collected and maintained by the department using a sound-activated enforcement device shall be confidential and only be used for purposes of this section, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by the reporting requirements in this section, state or federal law, court order, or in response to a subpoena in an individual case or proceeding.
(e) For purposes of this section, sound-activated enforcement device or device means an electronic device that utilizes automated equipment that activates when the noise levels have exceeded the legal sound limit established in Section 27151 and is designed to obtain clear video of a vehicle and its license plate. A sound-activated enforcement device shall do all of the following:
(1) Record audio, precision accuracy noise levels, and high definition video in two directions.
(2) Utilize an automated system that triggers when excessive vehicle noise over the limit is detected and save the data for review.
(3) Automatically delete any evidence not related to a violation.
(4) Permit the department to manually review evidence to ensure a violation has occurred.
(5) Conform to the class 1 accuracy standards in the International Electrotechnical Commissions (IEC) standard IEC 61672:2013, or any other accuracy standard determined to be appropriate by the department.
SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 27150.4 to the Vehicle Code, imposes a limitation on the publics 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 notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.
SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 27150.4 to the Vehicle Code, imposes a limitation on the publics 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 notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.
SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 27150.4 to the Vehicle Code, imposes a limitation on the publics 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:
### SEC. 2.
To protect the privacy interests of persons who are issued notices of violation under a sound-activated enforcement device program, the Legislature finds and declares that the records generated by a sound-activated enforcement device shall be confidential.