AB289 - State highway work zone speed safety program.

Assembly Bill No. 289 CHAPTER 684 An act to amend Section 70615 of the Government Code, and to add and repeal Article 5 (commencing with Section 22445) of Chapter 7 of Division 11 of the Vehicle Code, relating to vehicles, and making an appropriation therefor. [ Approved by Governor October 13, 2025. Filed with Secretary of State October 13, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 289, Haney. State highway work zone speed safety program. Existing law authorizes, until January 1, 2032, the City of Malibu to establish a speed safety system pilot program for speed enforcement on the Pacific Coast Highway if the system meets specified requirements. Existing law requires the city to administer a public information campaign at least 30 days before implementation of the program, including information relating to when the systems would begin detecting violations. Existing law requires the city to issue warning notices rather than notices of violations for violations detected within the first 60 calendar days of the program. Existing law also requires the city to develop guidelines for, among other things, the processing and storage of confidential information. Existing law requires photographic or administrative records made by a system to be confidential, except as specified, and would only authorize public agencies to use and allow access to these records for specified purposes. This bill would authorize, until January 1, 2032, the Department of Transportation to establish a similar program for speed enforcement that utilizes up to 35 speed safety systems on state highway construction or maintenance areas, as specified. The bill would require the department to adopt written guidelines for the use of speed safety systems before entering into an agreement regarding a speed safety system, purchasing or leasing equipment for a program, or implementing a program, and would require the department, in developing the guidelines, to consult with relevant state agencies and other relevant stakeholder organizations. The bill would only authorize the Department of Transportation to use and allow access to the photograph or administrative records for specified purposes. Existing law requires a violation of a speed law recorded by a speed safety system to be subject only to civil penalties, as specified. Existing law requires, among other things, the issuance of a notice of violation, an initial review, an administrative hearing, and an appeals process, as specified, for a violation under the speed safety pilot program. This bill would require the department to also implement similar provisions if it establishes the state highway work zone speed safety program on state highway construction or maintenance areas. Existing law requires the city to submit a report to evaluate the speed safety system to determine the system’s impact on street safety and the economic impact on the communities where the system is utilized. Existing law requires revenues derived from a program to first be used to cover program costs, such as the installation of speed safety systems, the adjudication of violations, and reporting requirements. This bill would require the department to submit a report to the Legislature evaluating the state highway work zone speed safety program and its impact on state highway work zone safety no later than 2 years after the commencement of the program, and annually thereafter. The bill would require moneys generated from the issuance of citations to be deposited in the Safe Highway Work Zone Account, which the bill would create in the State Transportation Fund. The bill would require moneys in the account to be continuously appropriated to the department for administration of the program, and would require any remaining funds to be used by the department for the Construction Zone Enhanced Enforcement Program and the Maintenance Zone Enhanced Enforcement Program. By authorizing moneys to be continuously appropriated to the department for these purposes, the bill would make an appropriation. Existing law establishes a $25 filing fee for specified appeals and petitions. This bill would require a $25 filing fee for an appeal challenging a notice of violation issued as a result of the department’s speed safety program until January 1, 2032. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would incorporate additional changes to Section 70615 of the Government Code proposed by SB 720 to be operative only if this bill and SB 720 are enacted and this bill is enacted last. Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Speed is a major factor in traffic collisions that result in worker fatalities or injuries in state highway work zones. (b) California should do everything possible to protect the safety and well-being of construction workers who build and maintain our state’s vital infrastructure systems. While contractors, unions, and agencies are doing everything in their power to keep workers safe, highway construction zones continue to be hazardous areas, where workers are at high risk of injury or death due to fast-moving vehicles. (c) Construction workers should not have to put their lives at risk to maintain and build our state’s roads and highways. Yet, that is the reality for thousands of women and men who go to work on our highways every day. (d) Automated speed enforcement is a proven, sensible, and effective strategy to improve the safety and health of workers and roadway users as they navigate roadway construction work zones. It will help save lives, reduce injuries, and provide a safer environment for our highway construction workers and drivers. SEC. 2. Section 70615 of the Government Code, as amended by Section 2 of Chapter 631 of the Statutes of 2024, is amended to read: 70615. The fee for filing any of the following appeals to the superior court is twenty-five dollars ($25): (a) An appeal of a local agency’s decision regarding an administrative fine or penalty under Section 53069.4. (b) An appeal under Section 40230 of the Vehicle Code of an administrative agency’s decision regarding a parking violation. (c) An appeal under Section 99582 of the Public Utilities Code of a hearing officer’s determination regarding an administrative penalty for fare evasion or a passenger conduct violation. (d) A petition under Section 186.35 of the Penal Code challenging a law enforcement agency’s inclusion of a person’s information in a shared gang database. (e) An appeal under Section 22428 of the Vehicle Code of a hearing officer’s determination regarding a civil penalty for an automated speed violation, as defined in Section 22425 of the Vehicle Code. (f) An appeal under Section 22438 of the Vehicle Code of a hearing officer’s determination regarding a civil penalty for an automated speed violation, as defined in Section 22435 of the Vehicle Code. (g) An appeal under Section 22445.3 of the Vehicle Code of a hearing officer’s determination regarding a civil penalty for an automated speed violation, as defined in Section 22445 of the Vehicle Code. (h) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. SEC. 2.5. Section 70615 of the Government Code, as amended by Section 2 of Chapter 631 of the Statutes of 2024, is amended to read: 70615. The fee for filing any of the following appeals to the superior court is twenty-five dollars ($25): (a) An appeal of a local agency’s decision regarding an administrative fine or penalty under Section 53069.4. (b) An appeal under Section 40230 of the Vehicle Code of an administrative agency’s decision regarding a parking violation. (c) An appeal under Section 99582 of the Public Utilities Code of a hearing officer’s determination regarding an administrative penalty for fare evasion or a passenger conduct violation. (d) A petition under Section 186.35 of the Penal Code challenging a law enforcement agency’s inclusion of a person’s information in a shared gang database. (e) An appeal under Section 22428 of the Vehicle Code of a hearing officer’s determination regarding a civil penalty for an automated speed violation, as defined in Section 22425 of the Vehicle Code. (f) An appeal under Section 22438 of the Vehicle Code of a hearing officer’s determination regarding a civil penalty for an automated speed violation, as defined in Section 22435 of the Vehicle Code. (g) An appeal under Section 21455.9 of the Vehicle Code of a hearing officer’s determination regarding a civil penalty for an automated traffic enforcement violation, as defined in Section 21455.9 of the Vehicle Code. (h) An appeal under Section 22445.3 of the Vehicle Code of a hearing officer’s determination regarding a civil penalty for an automated speed violation, as defined in Section 22445 of the Vehicle Code. (i) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. SEC. 3. Article 5 (commencing with Section 22445) is added to Chapter 7 of Division 11 of the Vehicle Code, to read: Article 5. State Highway Work Zone Speed Safety Program 22445. (a) As used in this article, the following definitions apply: (1) “Automated speed violation” means a violation of a speed law detected by a speed safety system operated pursuant to this article. (2) “Construction Zone Enhanced Enforcement Program” refers to a program whereby the Department of Transportation contracts with the Department of the California Highway Patrol to reimburse the actual and incurred costs for supplemental California Highway Patrol units to assist in the management of traffic passing through state highway construction zones. (3) “Department” means the Department of Transportation. (4) A person is “indigent” if either of the following conditions is met: (A) The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code. (B) The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code. (5) “Maintenance Zone Enhanced Enforcement Program” refers to a program whereby the Department of Transportation contracts with the Department of the California Highway Patrol to reimburse the actual and incurred costs for supplemental California Highway Patrol units to assist in the management of traffic passing through state highway maintenance project zones. (6) “Speed safety system” means a fixed or mobile radar or laser system or any other electronic device that utilizes automated equipment to detect a violation of speeding laws and is designed to obtain a clear photographic image of a rear vehicle license plate. “Speed safety system” is also known as an automated speed enforcement system. (7) “State highway work zone” means a state highway construction or maintenance area, during any time when traffic is regulated or restricted through or around that area pursuant to Section 21367. (b) The department may establish a program for automated speed enforcement that utilizes up to 35 speed safety systems, to be operated by the department in state highway work zones. (c) The speed safety system may be utilized pursuant to subdivision (b) if the program meets all of the following requirements: (1) Clearly identifies the presence of the speed safety system by signs stating “Photo Enforced,” along with the speed limit signs with flashing beacons and speed feedback signs, between 500 feet and one mile, inclusive, before the placement of the system, as determined by the department. The signs shall be visible to traffic traveling on the highway from the direction of travel for which the system is utilized, and shall be posted at locations as may be determined necessary by the department after consultation with the California Traffic Control Devices Committee. (2) Identifies the state highway work zones approved for enforcement using a speed safety system and the hours of enforcement on the department’s internet website, which shall be updated whenever the department changes locations of enforcement. (3) Ensures that the speed safety system is regularly inspected no less than once every 60 days, and certifies that the system is installed and operating properly. Each camera unit shall be calibrated in accordance with the manufacturer’s instructions, and at least once per year by an independent calibration laboratory. Documentation of the regular inspection, operation, and calibration of the system shall be retained for at least 180 days after the date on which the system has been permanently removed from use. (4) Utilizes fixed or mobile speed safety systems that provide real-time notification to the driver when violations are detected. (5) A speed safety system records speed violations and actively issues citations only when workers from the Department of Transportation, including persons contracted to perform construction, maintenance, or repair of a highway, are present in the state highway work zone. (d) Prior to enforcing speed laws utilizing speed safety systems, the department shall do both of the following: (1) Administer a public information campaign for at least 30 calendar days prior to the commencement of the program, which shall include public announcements in major media outlets and press releases. The public information campaign shall include the information on when systems will begin detecting violations in state highway work zones, and the department’s internet website, where additional information about the program can be obtained. Notwithstanding the above, no further public announcement by the department shall be required for additional systems that may be added to the program. (2) (A) Issue warning notices rather than notices of violation for violations detected by the speed safety system during the first 60 calendar days of enforcement under the program. (B) A vehicle’s first violation for traveling 11 to 15 miles per hour over the posted speed limit shall be a warning notice. (e) The department shall adopt written guidelines for the use of speed safety systems prior to entering into an agreement regarding a speed safety system, purchasing or leasing equipment for a program, or implementing a program. In developing the guidelines, the department shall consult with the relevant state agencies and relevant stakeholder organizations, including, but not limited to, racial equity, privacy protection, and economic justice groups. The written guidelines shall be made available for public review at least 30 calendar days prior t [Text truncated for display. Full text available on Congress.gov.]