AMENDED IN ASSEMBLY MAY 16, 2024
AMENDED IN ASSEMBLY APRIL 8, 2024
AMENDED IN ASSEMBLY MARCH 12, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2583
Introduced by Assembly Member Berman
(Coauthor: Assembly Member Wallis)
February 14, 2024
An act to amend Section 65302 of the Go vernment Code, and to amend Section 40802 of, to add Section 22352.5 to, and to amend, repeal, and add Sections 22352 and 22358.4 of, and to add and repeal Section 22352.5 of, the Vehicle Code, relating to traffic safety. legislative counsel’s digest
AB 2583, as amended, Berman. School zones and walk zones.
Existing law, the Planning and Zoning La w, requires the legislative body of a city or county to adopt a comprehensi ve general plan that includes various elements, including a circulation element to plan for transportation routes.
This bill w ould require, upon an y substanti ve re vision of the circulation element on or after January 1, 2025, the legislative body of a city or county , to identify and establish school w alk zones for all schools located within the scope of the general plan. The bill w ould define a “school w alk zone” to mean all roadw ays and side walks within 1⁄2 mile 1,000 feet in all directions of the boundary line of a school grounds. By placing new duties on county and city officials with respect to their land use planning, the bill would impose a state-mandated local program.
96 Existing law establishes a prima f acie speed limit of 25 miles per hour when approaching or passing a school b uilding or grounds contiguous to a highway or when the school grounds are not separated from the highway, as specified. Existing law authorizes a local authority, by ordinance or resolution, to reduce the prima facie speed limit based on an engineering and traffic surv ey, as specified. Existing la w authorizes a local authority, by ordinance or resolution, to modify the prima f acie speed limit based on distance from the school, if the highways have a maximum of two traffic lanes and a maximum posted prima facie speed limit of 30 miles per hour immediately before and after the school zone, as specified.
This bill would, beginning on January 1, 2027, 2028, establish a prima facie speed limit of 20 miles per hour in a school zone, as defined, during certain hours and days a school is in operation. The bill would, until January 1, 2027, 2028, authorize a local authority, by ordinance or resolution, to determine and declare a prima facie speed limit of 20 miles per hour in a school zone, as specified. The bill would authorize a local authority, by ordinance or resolution, to determine and declare a prima f acie speed limit of 25 miles per hour when approaching a school at a distance of 500 to 1,000 feet, without the above-mentioned conditions, as specified. The bill would also make conforming changes to implement these new speed limits and authorizations.
Existing law defines a “speed trap,” under certain circumstances, to mean, among other things, a particular section of a highw ay or state highway with a prima f acie speed limit that is pro vided by la w, as specified, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within a certain specified time period, and enforcement of the speed limit in volves the use of radar or another specified electronic de vice. Existing la w exempts application of that definition to a local street, road, or school zone, senior zone, b usiness activity district, or speed limit adopted by a local authority under certain conditions.
This bill w ould expand the abo ve-described exemption from what constitutes a speed trap to include school zones as described above.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, 96 — 2 — AB 2583
reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65302 of the Government Code is line 2 amended to read:
line 3 65302. The general plan shall consist of a statement of line 4 development policies and shall include a diagram or diagrams and line 5 text setting forth objecti ves, principles, standards, and plan line 6 proposals. The plan shall include the following elements:
line 7 (a) A land use element that designates the proposed general line 8 distribution and general location and extent of the uses of the land line 9 for housing, business, industry, open space, including agriculture, line 10 natural resources, recreation, and enjo yment of scenic beauty , line 11 education, public b uildings and grounds, solid and liquid w aste line 12 disposal facilities, greenways, as defined in Section 816.52 of the line 13 Civil Code, and other categories of public and private uses of land. line 14 The location and designation of the extent of the uses of the land line 15 for public and private uses shall consider the identification of land line 16 and natural resources pursuant to paragraph (3) of subdivision (d). line 17 The land use element shall include a statement of the standards of line 18 population density and b uilding intensity recommended for the line 19 various districts and other territory covered by the plan. The land line 20 use element shall identify and annually review those areas covered line 21 by the plan that are subject to flooding identified by flood plain line 22 mapping prepared by the Federal Emergency Management Agency line 23 (FEMA) or the Department of Water Resources. The land use line 24 element shall also do both of the following:
line 25 (1) Designate in a land use cate gory that pro vides for timber line 26 production those parcels of real property zoned for timberland line 27 production pursuant to the California Timberland Productivity Act line 28 of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 line 29 of Division 1 of Title 5).
line 30 (2) Consider the impact of ne w growth on military readiness line 31 activities carried out on military bases, installations, and operating line 32 and training areas, when proposing zoning ordinances or line 33 designating land uses covered by the general plan for land, or other 96 AB 2583 — 3 —
line 1 territory adjacent to military f acilities, or underlying designated line 2 military aviation routes and airspace.
line 3 (A) In determining the impact of ne w gro wth on military line 4 readiness acti vities, information pro vided by military f acilities line 5 shall be considered. Cities and counties shall address military line 6 impacts based on information from the military and other sources. line 7 (B) The following definitions govern this paragraph:
line 8 (i) “Military readiness activities” mean all of the following:
line 9 (I) Training, support, and operations that prepare the members line 10 of the military for combat.
line 11 (II) Operation, maintenance, and security of an y military line 12 installation.
line 13 (III) Testing of military equipment, v ehicles, weapons, and line 14 sensors for proper operation or suitability for combat use. line 15 (ii) “Military installation” means a base, camp, post, station, line 16 yard, center, homeport facility for any ship, or other activity under line 17 the jurisdiction of the United States Department of Defense as line 18 defined in paragraph (1) of subsection (e) of Section 2687 of Title line 19 10 of the United States Code.
line 20 (b) (1) A circulation element consisting of the general location line 21 and e xtent of e xisting and proposed major thoroughf ares, line 22 transportation routes, terminals, an y military airports and ports, line 23 school walk zones, and other local public utilities and f acilities, line 24 all correlated with the land use element of the plan. line 25 (2) (A) Commencing January 1, 2011, upon an y substantive line 26 revision of the circulation element, the le gislative body shall line 27 modify the circulation element to plan for a balanced, multimodal line 28 transportation network that meets the needs of all users of streets, line 29 roads, and highw ays for safe and con venient travel in a manner line 30 that is suitable to the rural, sub urban, or urban conte xt of the line 31 general plan.
line 32 (B) Upon any substantive revision of the circulation element line 33 on or after January 1, 2025, the legislative body shall do all of the line 34 following:
line 35 (i) Incorporate the principles of the Federal Highw ay line 36 Administration’s Safe System Approach, in the circulation element line 37 by including policies that aim to eliminate fatal and serious injuries line 38 for all road users through a holistic vie w of the roadway system, line 39 including pro visions that account for human error , recognize 96 — 4 — AB 2583
line 1 vulnerable road users, and promote redundant and proactive safety line 2 measures.
line 3 (ii) Develop bicycle plans, pedestrian plans, and traffic calming line 4 plans based on the policies and goals in the circulation element line 5 that shall address all of the following for any urbanized area within line 6 the scope of the general plan:
line 7 (I) Identify safety corridors and an y land or f acility that line 8 generates high concentrations of bicyclists or pedestrians. line 9 (II) Identify and establish school w alk zones for all schools line 10 located within the scope of the general plan.
line 11 (III) Use e vidence-based strate gies, including strate gies line 12 identified in the United States Department of Transportation’s line 13 Strategic Highway Safety Plan to develop safety measures specific line 14 to those areas that are intended to eliminate traffic fatalities, with line 15 an emphasis on f atalities of bic yclists, pedestrians, and users of line 16 any other form of micromobility device in the areas identified in line 17 subclauses (I) and (II).
line 18 (IV) Set goals for initiation and completion of all actions line 19 identified in the plans within 25 years of the date of adoption of line 20 the modified circulation element based upon projected development line 21 activities within urbanized areas within the scope of the general line 22 plan and projected availability of revenues.
line 23 (C) A county or city shall begin implementation of the modified line 24 circulation element plan specified in subparagraph (B) within two line 25 years of the date of adoption of the plan.
line 26 (i) A county or city shall regularly review the progress towards line 27 and identify impediments to completing implementation of the line 28 plan for a multimodal transportation network, including all bicycle line 29 plans, pedestrian plans, and traffic calming plans iterated in the line 30 modified circulation element, and the construction of any related line 31 infrastructure.
line 32 (ii) A county or city shall consider re vising the circulation line 33 element if, following the review under clause (ii), the county or line 34 city determines it will not reach the goals of the bicycle, pedestrian, line 35 or traffic calming plans within 25 years of the date of adoption of line 36 the modified circulation element.
line 37 (D) For the purposes of this paragraph, the following definitions line 38 shall apply:
line 39 (i) “Business activity district” has the same meaning as defined line 40 in Section 22358.9 of the Vehicle Code.
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line 1 (ii) “Land f acilities that generate high concentrations of line 2 bicyclists or pedestrians” has the same meaning as described in line 3 Section 22358.7 of the Vehicle Code.
line 4 (iii) “Micromobility device” means a bicycle, electric bicycle, line 5 or motorized scooter as those terms are defined and described in line 6 Division 1 (commencing with Section 100) of the Vehicle Code. line 7 (iv) “Safety corridor” has the same meaning as defined in line 8 Section 22358.7 of the Vehicle Code.
line 9 (v) “Urbanized area” has the same meaning as defined in Section line 10 21071 of the Public Resources Code.
line 11 (E) For purposes of this paragraph, “users of streets, roads, and line 12 highways” mean bic yclists, children, persons with disabilities, line 13 motorists, movers of commercial goods, pedestrians, users of public line 14 transportation, and seniors.
line 15 (3) For purposes of this subdivision, “school walk zone” means line 16 all roadways and sidewalks within one-half mile 1,000 feet in all line 17 directions of the boundary line of a school grounds. line 18 (c) A housing element as provided in Article 10.6 (commencing line 19 with Section 65580).
line 20 (d) (1) A conserv ation element for the conserv ation, line 21 development, and utilization of natural resources, including water line 22 and its h ydraulic force, forests, soils, ri vers and other w aters, line 23 harbors, fisheries, wildlife, minerals, and other natural resources. line 24 The conservation element shall consider the effect of development line 25 within the jurisdiction, as described in the land use element, on line 26 natural resources located on public lands, including military line 27 installations. That portion of the conserv ation element including line 28 waters shall be de veloped in coordination with an y countywide line 29 water agenc y and with all district and city agencies, including line 30 flood management, water conservation, or groundwater agencies line 31 that have developed, served, controlled, managed, or conserv ed line 32 water of any type for any purpose in the county or city for which line 33 the plan is prepared. Coordination shall include the discussion and line 34 evaluation of any water supply and demand information described line 35 in Section 65352.5, if that information has been submitted by the line 36 water agency to the city or county.
line 37 (2) The conserv ation element may also co ver all of the line 38 following:
line 39 (A) The reclamation of land and waters.
96 — 6 — AB 2583
line 1 (B) Prevention and control of the pollution of streams and other line 2 waters.
line 3 (C) Regulation of the use of land in stream channels and other line 4 areas required for the accomplishment of the conservation plan. line 5 (D) Prevention, control, and correction of the erosion of soils, line 6 beaches, and shores.
line 7 (E) Protection of watersheds.
line 8 (F) The location, quantity , and quality of the rock, sand, and line 9 gravel resources.
line 10 (3) Upon the next revision of the housing element on or after line 11 January 1, 2009, the conserv ation element shall identify ri vers, line 12 creeks, streams, flood corridors, riparian habitats, and land that line 13 may accommodate floodw ater for purposes of groundw ater line 14 recharge and stormwater management.
line 15 (e) An open-space element as pro vided in Article 10.5 line 16 (commencing with Section 65560).
line 17 (f) (1) A noise element that shall identify and appraise noise line 18 problems in the community. The noise element shall analyze and line 19 quantify, to the extent practicable, as determined by the legislative line 20 body, current and projected noise le vels for all of the follo wing line 21 sources:
line 22 (A) Highways and freeways.
line 23 (B) Primary arterials and major local streets. line 24 (C) Passenger and freight online railroad operations and ground line 25 rapid transit systems.
line 26 (D) Commercial, general aviation, heliport, helistop, and military line 27 airport operations, aircraft overflights, jet engine test stands, and line 28 all other ground f acilities and maintenance functions related to line 29 airport operation.
line 30 (E) Local industrial plants, including, but not limited to, railroad line 31 classification yards.
line 32 (F) Other ground stationary noise sources, including, b ut not line 33 limited to, military installations, identified by local agencies as line 34 contributing to the community noise environment. line 35 (2) Noise contours shall be shown for all of these sources and line 36 stated in terms of community noise equi valent level (CNEL) or line 37 day-night average sound level (Ldn). The noise contours shall be line 38 prepared on the basis of noise monitoring or follo wing generally line 39 accepted noise modeling techniques for the v arious sources line 40 identified in subparagraphs (A) to (F) of paragraph (1), inclusive. 96 AB 2583 — 7 —
line 1 (3) The noise contours shall be used as a guide for establishing line 2 a pattern of land uses in the land use element that minimizes the line 3 exposure of community residents to excessive noise. line 4 (4) The noise element shall include implementation measures line 5 and possible solutions that address existing and foreseeable noise line 6 problems, if an y. The adopted noise element shall serv e as a line 7 guideline for compliance with the state’s noise insulation standards. line 8 (g) (1) A safety element for the protection of the community line 9 from an y unreasonable risks associated with the ef fects of line 10 seismically induced surf ace rupture, ground shaking, ground line 11 failure, tsunami, seiche, and dam failure; slope instability leading line 12 to mudslides and landslides; subsidence; liquef action; and other line 13 seismic hazards identified pursuant to Chapter 7.8 (commencing line 14 with Section 2690) of Di vision 2 of the Public Resources Code, line 15 and other geologic hazards known to the legislative body; flooding; line 16 and wildland and urban fires. The safety element shall include line 17 mapping of kno wn seismic and other geologic hazards. It shall line 18 also address e vacuation routes, military installations, peakload line 19 water supply requirements, and minimum road widths and line 20 clearances around structures, as those items relate to identified fire line 21 and geologic hazards.
line 22 (2) The safety element, upon the ne xt revision of the housing line 23 element on or after January 1, 2009, shall also do the following:
line 24 (A) Identify information re garding flood hazards, including, line 25 but not limited to, the following:
line 26 (i) Flood hazard zones. As used in this subdi vision, “flood line 27 hazard zone” means an area subject to flooding that is delineated line 28 as either a special hazard area or an area of moderate or minimal line 29 hazard on an official flood insurance rate map issued by FEMA. line 30 The identification of a flood hazard zone does not imply that areas line 31 outside the flood hazard zones or uses permitted within flood line 32 hazard zones will be free from flooding or flood damage. line 33 (ii) National Flood Insurance Program maps published by line 34 FEMA.
line 35 (iii) Information about flood hazards that is available from the line 36 United States Army Corps of Engineers.
line 37 (iv) Designated floodw ay maps that are a vailable from the line 38 Central Valley Flood Protection Board.
96 — 8 — AB 2583
line 1 (v) Dam failure inundation maps prepared pursuant to Section line 2 6161 of the Water Code that are available from the Department of line 3 Water Resources.
line 4 (vi) Awareness Floodplain Mapping Program maps and 200-year line 5 flood plain maps that are or may be a vailable from, or accepted line 6 by, the Department of Water Resources.
line 7 (vii) Maps of levee protection zones.
line 8 (viii) Areas subject to inundation in the e vent of the failure of line 9 project or nonproject levees or floodwalls.
line 10 (ix) Historical data on flooding, including locally prepared maps line 11 of areas that are subject to flooding, areas that are vulnerable to line 12 flooding after wildfires, and sites that ha ve been repeatedly line 13 damaged by flooding.
line 14 (x) Existing and planned de velopment in flood hazard zones, line 15 including structures, roads, utilities, and essential public facilities. line 16 (xi) Local, state, and federal agencies with responsibility for line 17 flood protection, including special districts and local offices of line 18 emergency services.
line 19 (B) Establish a set of comprehensi ve goals, policies, and line 20 objectives based on the information identified pursuant to line 21 subparagraph (A), for the protection of the community from the line 22 unreasonable risks of flooding, including, but not limited to:
line 23 (i) Avoiding or minimizing the risks of flooding to ne w line 24 development.
line 25 (ii) Evaluating whether new development should be located in line 26 flood hazard zones, and identifying construction methods or other line 27 methods to minimize damage if ne w development is located in line 28 flood hazard zones.
line 29 (iii) Maintaining the structural and operational inte grity of line 30 essential public facilities during flooding.
line 31 (iv) Locating, when feasible, ne w essential public f acilities line 32 outside of flood hazard zones, including hospitals and health care line 33 facilities, emergency shelters, fire stations, emergency command line 34 centers, and emergency communications facilities or identifying line 35 construction methods or other methods to minimize damage if line 36 these facilities are located in flood hazard zones. line 37 (v) Establishing cooperative working relationships among public line 38 agencies with responsibility for flood protection. 96 AB 2583 — 9 —
line 1 (C) Establish a set of feasible implementation measures designed line 2 to carry out the goals, policies, and objectives established pursuant line 3 to subparagraph (B).
line 4 (3) Upon the next revision of the housing element on or after line 5 January 1, 2014, the safety element shall be reviewed and updated line 6 as necessary to address the risk of fire for land classified as state line 7 responsibility areas, as defined in Section 4102 of the Public line 8 Resources Code, and land classified as v ery high fire hazard line 9 severity zones, as defined in Section 51177. This re view shall line 10 consider the advice included in the Office of Planning and line 11 Research’s most recent publication of “Fire Hazard Planning, line 12 General Plan Technical Advice Series” and shall also include all line 13 of the following:
line 14 (A) Information regarding fire hazards, including, but not limited line 15 to, all of the following:
line 16 (i) Fire hazard severity zone maps available from the Office of line 17 the State Fire Marshal.
line 18 (ii) Any historical data on wildfires available from local agencies line 19 or a reference to where the data can be found.
line 20 (iii) Information about wildfire hazard areas that may be line 21 available from the United States Geological Survey. line 22 (iv) General location and distrib ution of existing and planned line 23 uses of land in v ery high fire hazard se verity zones and in state line 24 responsibility areas, including structures, roads, utilities, and line 25 essential public facilities. The location and distribution of planned line 26 uses of land shall not require defensible space compliance measures line 27 required by state law or local ordinance to occur on publicly owned line 28 lands or open-space designations of homeowner associations. line 29 (v) Local, state, and federal agencies with responsibility for fire line 30 protection, including special districts and local offices of line 31 emergency services.
line 32 (B) A set of goals, policies, and objecti ves based on the line 33 information identified pursuant to subparagraph (A) for the line 34 protection of the community from the unreasonable risk of wildfire. line 35 (C) A set of feasible implementation measures designed to carry line 36 out the goals, policies, and objecti ves based on the information line 37 identified pursuant to subparagraph (B), including, but not limited line 38 to, all of the following:
line 39 (i) Avoiding or minimizing the wildfire hazards associated with line 40 new uses of land.
96 — 10 — AB 2583
line 1 (ii) Locating, when feasible, ne w essential public f acilities line 2 outside of high fire risk areas, including, b ut not limited to, line 3 hospitals and health care facilities, emergency shelters, emergency line 4 command centers, and emer gency communications f acilities, or line 5 identifying construction methods or other methods to minimize line 6 damage if these facilities are located in a state responsibility area line 7 or very high fire hazard severity zone.
line 8 (iii) Designing adequate infrastructure if a new development is line 9 located in a state responsibility area or in a v ery high fire hazard line 10 severity zone, including safe access for emer gency response line 11 vehicles, visible street signs, and water supplies for structural fire line 12 suppression.
line 13 (iv) Working cooperati vely with public agencies with line 14 responsibility for fire protection.
line 15 (D) If a city or county has adopted a fire safety plan or document line 16 separate from the general plan, an attachment of, or reference to, line 17 a city or county’s adopted fire safety plan or document that fulfills line 18 commensurate goals and objecti ves and contains information line 19 required pursuant to this paragraph.
line 20 (4) Upon the ne xt revision of a local hazard mitig ation plan, line 21 adopted in accordance with the federal Disaster Mitigation Act of line 22 2000 (Public Law 106-390), on or after January 1, 2017, or , if a line 23 local jurisdiction has not adopted a local hazard mitig ation plan, line 24 beginning on or before January 1, 2022, the safety element shall line 25 be reviewed and updated as necessary to address climate adaptation line 26 and resilienc y strate gies applicable to the city or county . This line 27 review shall consider advice pro vided in the Office of Planning line 28 and Research’s General Plan Guidelines and shall include all of line 29 the following:
line 30 (A) (i) A vulnerability assessment that identifies the risks that line 31 climate change poses to the local jurisdiction and the geographic line 32 areas at risk from climate change impacts, including, but not limited line 33 to, an assessment of ho w climate change may af fect the risks line 34 addressed pursuant to paragraphs (2) and (3).
line 35 (ii) Information that may be a vailable from federal, state, line 36 regional, and local agencies that will assist in de veloping the line 37 vulnerability assessment and the adaptation policies and strategies line 38 required pursuant to subparagraph (B), including, but not limited line 39 to, all of the following:
line 40 (I) Information from the internet-based Cal-Adapt tool. 96 AB 2583 — 11 —
line 1 (II) Information from the most recent version of the California line 2 Adaptation Planning Guide.
line 3 (III) Information from local agencies on the types of assets, line 4 resources, and populations that will be sensitive to various climate line 5 change exposures.
line 6 (IV) Information from local agencies on their current ability to line 7 deal with the impacts of climate change.
line 8 (V) Historical data on natural e vents and hazards, including line 9 locally prepared maps of areas subject to previous risk, areas that line 10 are vulnerable, and sites that have been repeatedly damaged. line 11 (VI) Existing and planned de velopment in identified at-risk line 12 areas, including structures, roads, utilities, and essential public line 13 facilities.
line 14 (VII) Federal, state, re gional, and local agencies with line 15 responsibility for the protection of public health and safety and line 16 the environment, including special districts and local offices of line 17 emergency services.
line 18 (B) A set of adaptation and resilience goals, policies, and line 19 objectives based on the information specified in subparagraph (A) line 20 for the protection of the community.
line 21 (C) A set of feasible implementation measures designed to carry line 22 out the goals, policies, and objecti ves identified pursuant to line 23 subparagraph (B), including, but not limited to, all of the following:
line 24 (i) Feasible methods to a void or minimize climate change line 25 impacts associated with new uses of land.
line 26 (ii) The location, when feasible, of new essential public facilities line 27 outside of at-risk areas, including, but not limited to, hospitals and line 28 health care f acilities, emergency shelters, emer gency command line 29 centers, and emergency communications facilities, or identifying line 30 construction methods or other methods to minimize damage if line 31 these facilities are located in at-risk areas.
line 32 (iii) The designation of adequate and feasible infrastructure line 33 located in an at-risk area.
line 34 (iv) Guidelines for working cooperatively with relevant local, line 35 regional, state, and federal agencies.
line 36 (v) The identification of natural infrastructure that may be used line 37 in adaptation projects, where feasible. Where feasible, the plan line 38 shall use existing natural features and ecosystem processes, or the line 39 restoration of natural features and ecosystem processes, when line 40 developing alternati ves for consideration. F or purposes of this 96 — 12 — AB 2583
line 1 clause, “natural infrastructure” means using natural ecological line 2 systems or processes to reduce vulnerability to climate change line 3 related hazards, or other related climate change ef fects, while line 4 increasing the long-term adapti ve capacity of coastal and inland line 5 areas by perpetuating or restoring ecosystem services. This line 6 includes, but is not limited to, the conserv ation, preservation, or line 7 sustainable management of an y form of aquatic or terrestrial line 8 vegetated open space, such as beaches, dunes, tidal marshes, reefs, line 9 seagrass, parks, rain g ardens, and urban tree canopies. It also line 10 includes systems and practices that use or mimic natural processes, line 11 such as permeable pa vements, bioswales, and other engineered line 12 systems, such as le vees that are combined with restored natural line 13 systems, to provide clean w ater, conserve ecosystem values and line 14 functions, and pro vide a wide array of benefits to people and line 15 wildlife.
line 16 (D) (i) If a city or county has adopted the local hazard line 17 mitigation plan, or other climate adaptation plan or document that line 18 fulfills commensurate goals and objecti ves and contains the line 19 information required pursuant to this paragraph, separate from the line 20 general plan, an attachment of, or reference to, the local hazard line 21 mitigation plan or other climate adaptation plan or document. line 22 (ii) Cities or counties that ha ve an adopted hazard mitig ation line 23 plan, or other climate adaptation plan or document that substantially line 24 complies with this section, or ha ve substantially equi valent line 25 provisions to this subdivision in their general plans, may use that line 26 information in the safety element to comply with this subdivision, line 27 and shall summarize and incorporate by reference into the safety line 28 element the other general plan provisions, climate adaptation plan line 29 or document, specifically showing how each requirement of this line 30 subdivision has been met.
line 31 (5) Upon the next revision of the housing element on or after line 32 January 1, 2020, the safety element shall be reviewed and updated line 33 as necessary to identify residential de velopments in an y hazard line 34 area identified in the safety element that do not ha ve at least two line 35 emergency evacuation routes.
line 36 (6) After the initial re vision of the safety element pursuant to line 37 paragraphs (2), (3), (4), and (5), the planning agency shall review line 38 and, if necessary, revise the safety element upon each revision of line 39 the housing element or local hazard mitig ation plan, but not less line 40 than once every eight years, to identify ne w information relating 96 AB 2583 — 13 —
line 1 to flood and fire hazards and climate adaptation and resilienc y line 2 strategies applicable to the city or county that w as not available line 3 during the previous revision of the safety element. line 4 (7) Cities and counties that ha ve flood plain management line 5 ordinances that have been approved by FEMA that substantially line 6 comply with this section, or ha ve substantially equi valent line 7 provisions to this subdivision in their general plans, may use that line 8 information in the safety element to comply with this subdivision, line 9 and shall summarize and incorporate by reference into the safety line 10 element the other general plan pro visions or the flood plain line 11 ordinance, specifically sho wing ho w each requirement of this line 12 subdivision has been met.
line 13 (8) Before the periodic re view of its general plan and before line 14 preparing or revising its safety element, each city and county shall line 15 consult the California Geological Surv ey of the Department of line 16 Conservation, the Central Valley Flood Protection Board, if the line 17 city or county is located within the boundaries of the Sacramento line 18 and San Joaquin Drainage District, as set forth in Section 8501 of line 19 the Water Code, and the Office of Emer gency Services for the line 20 purpose of including information kno wn by and a vailable to the line 21 department, the agency, and the board required by this subdivision. line 22 (9) To the extent that a county’s safety element is sufficiently line 23 detailed and contains appropriate policies and programs for line 24 adoption by a city, a city may adopt that portion of the county’ s line 25 safety element that pertains to the city’ s planning area in line 26 satisfaction of the requirement imposed by this subdivision. line 27 (h) (1) An en vironmental justice element, or related goals, line 28 policies, and objectives integrated in other elements, that identifies line 29 disadvantaged communities within the area covered by the general line 30 plan of the city, county, or city and county, if the city, county, or line 31 city and county has a disadv antaged community . The line 32 environmental justice element, or related en vironmental justice line 33 goals, policies, and objectives integrated in other elements, shall line 34 do all of the following:
line 35 (A) Identify objecti ves and policies to reduce the unique or line 36 compounded health risks in disadvantaged communities by means line 37 that include, b ut are not limited to, the reduction of pollution line 38 exposure, including the impro vement of air quality , and the line 39 promotion of public facilities, food access, safe and sanitary homes, line 40 and physical activity.
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line 1 (B) Identify objectives and policies to promote civic engagement line 2 in the public decisionmaking process.
line 3 (C) Identify objectives and policies that prioritize improvements line 4 and programs that address the needs of disadvantaged communities. line 5 (2) A city, county, or city and county subject to this subdivision line 6 shall adopt or re view the en vironmental justice element, or the line 7 environmental justice goals, policies, and objecti ves in other line 8 elements, upon the adoption or ne xt re vision of tw o or more line 9 elements concurrently on or after January 1, 2018. line 10 (3) By adding this subdivision, the Legislature does not intend line 11 to require a city , county, or city and county to tak e any action line 12 prohibited by the United States Constitution or the California line 13 Constitution.
line 14 (4) For purposes of this subdivision, the following terms shall line 15 apply:
line 16 (A) “Disadvantaged communities” means an area identified by line 17 the California En vironmental Protection Agency pursuant to line 18 Section 39711 of the Health and Safety Code or an area that is a line 19 low-income area that is disproportionately af fected by line 20 environmental pollution and other hazards that can lead to negative line 21 health effects, exposure, or environmental degradation. line 22 (B) “Public f acilities” includes public impro vements, public line 23 services, and community amenities, as defined in subdivision (d) line 24 of Section 66000.
line 25 (C) “Low-income area” means an area with household incomes line 26 at or belo w 80 percent of the state wide median income or with line 27 household incomes at or belo w the threshold designated as lo w line 28 income by the Department of Housing and Community line 29 Development’s list of state income limits adopted pursuant to line 30 Section 50093 of the Health and Safety Code.
line 31 SEC. 2. Section 22352 of the Vehicle Code is amended to read:
line 32 22352. The prima f acie limits are as follo ws and shall be line 33 applicable unless changed as authorized in this code and, if so line 34 changed, only when signs have been erected giving notice thereof:
line 35 (a) Fifteen miles per hour:
line 36 (1) When traversing a railway grade crossing, if during the last line 37 100 feet of the approach to the crossing the dri ver does not have line 38 a clear and unobstructed view of the crossing and of any traffic on line 39 the railway for a distance of 400 feet in both directions along the line 40 railway. This subdivision does not apply in the case of any railway 96 AB 2583 — 15 —
line 1 grade crossing where a human flagperson is on duty or a clearly line 2 visible electrical or mechanical rail way crossing signal device is line 3 installed but does not then indicate the immediate approach of a line 4 railway train or car.
line 5 (2) When traversing any intersection of highways if during the line 6 last 100 feet of the driver’s approach to the intersection the driver line 7 does not ha ve a clear and unobstructed vie w of the intersection line 8 and of any traffic upon all of the highways entering the intersection line 9 for a distance of 100 feet along all those highw ays, except at an line 10 intersection protected by stop signs or yield right-of-way signs or line 11 controlled by official traffic control signals. line 12 (3) On any alley.
line 13 (b) Twenty-five miles per hour:
line 14 (1) On any highway, in any business or residence district unless line 15 a different speed is determined by local authority or the Department line 16 of Transportation under procedures set forth in this code. line 17 (2) When passing a senior center or other facility primarily used line 18 by senior citizens, contiguous to a street other than a state highway line 19 and posted with a standard “SENIOR” w arning sign. A local line 20 authority may erect a sign pursuant to this paragraph when the line 21 local agenc y mak es a determination that the proposed signing line 22 should be implemented. A local authority may request grant line 23 funding from the Active Transportation Program pursuant to line 24 Chapter 8 (commencing with Section 2380) of Di vision 3 of the line 25 Streets and Highways Code, or any other grant funding available line 26 to it, and use that grant funding to pay for the erection of those line 27 signs, or may utilize any other funds available to it to pay for the line 28 erection of those signs, including, b ut not limited to, donations line 29 from private sources.
line 30 (3) (A) In a school zone during all of the following time periods:
line 31 (i) Seven a.m. through 10 a.m., inclusive, and 2 p.m. through 5 line 32 p.m., inclusive, Monday through Friday, on days the school is in line 33 operation. A local authority may propose alternative hours, so long line 34 as the hours are no less than one hour before or after the school is line 35 in operation and the alternative hours are posted on the “SCHOOL” line 36 warning sign.
line 37 (ii) During any period when the beacons attached to a standard line 38 “SCHOOL” warning sign are flashing if the sign is equipped with line 39 a notice that indicates that the school zone speed limit is in effect line 40 when the beacons are flashing. F or the purpose of this 96 — 16 — AB 2583
line 1 subparagraph, a standard “SCHOOL” warning sign may be placed line 2 at any distance up to 500 feet away from school grounds. line 3 (B) For the purposes of this paragraph, “school zone” has the line 4 same meaning as defined in Section 40802 of the Vehicle Code. line 5 (3) When appr oaching or passing a sc hool b uilding, or the line 6 grounds ther eof, contiguous to a highway and posted with a line 7 standard “SCHOOL” warning sign, while c hildren are going to line 8 or leaving the sc hool either during sc hool hours or during the line 9 noon recess period. The prima facie limit shall also apply when line 10 approaching or passing any school grounds that are not separated line 11 from the highway by a fence, gate, or other physical barrier while line 12 the grounds are in use by children and the highway is posted with line 13 a standar d “SCHOOL” warning sign. F or purposes of this line 14 paragraph, standard “SCHOOL” warning signs may be placed line 15 at any distance up to 500 feet away from school grounds. line 16 (c) This section shall become inoperati ve on remain in ef fect line 17 until January 1, 2027, 2028, and as of that date is repealed. line 18 SEC. 3. Section 22352 is added to the Vehicle Code, to read:
line 19 22352. The prima f acie limits are as follo ws and shall be line 20 applicable unless changed as authorized in this code and, if so line 21 changed, only when signs have been erected giving notice thereof:
line 22 (a) Fifteen miles per hour:
line 23 (1) When traversing a railway grade crossing, if during the last line 24 100 feet of the approach to the crossing the dri ver does not have line 25 a clear and unobstructed view of the crossing and of any traffic on line 26 the railway for a distance of 400 feet in both directions along the line 27 railway. This subdivision does not apply in the case of any railway line 28 grade crossing where a human flagperson is on duty or a clearly line 29 visible electrical or mechanical rail way crossing signal device is line 30 installed but does not then indicate the immediate approach of a line 31 railway train or car.
line 32 (2) When traversing any intersection of highways if during the line 33 last 100 feet of the driver’s approach to the intersection the driver line 34 does not ha ve a clear and unobstructed vie w of the intersection line 35 and of any traffic upon all of the highways entering the intersection line 36 for a distance of 100 feet along all those highw ays, except at an line 37 intersection protected by stop signs or yield right-of-way signs or line 38 controlled by official traffic control signals. line 39 (3) On any alley.
96 AB 2583 — 17 —
line 1 (b) (1) Twenty miles per hour in a school zone during all of line 2 the following time periods:
line 3 (A) Seven a.m. through 10 to 9 a.m., inclusi ve, and 2 p.m. line 4 through to 5 p.m., inclusive, Monday through Friday, on days the line 5 school is in operation. A local authority may propose alternati ve line 6 hours, so long as the hours are no less than one hour before or after line 7 the school is in operation and the alternati ve hours are posted on line 8 the “SCHOOL” warning sign.
line 9 (B) During any period when the beacons attached to a standard line 10 “SCHOOL” warning sign are flashing if the sign is equipped with line 11 a notice that indicates that the school zone speed limit is in effect line 12 when the beacons are flashing. F or the purpose of this line 13 subparagraph, a standard “SCHOOL” warning sign may be placed line 14 at any distance up to 500 feet away from school grounds. line 15 (2) For the purposes of this subdivision, “school zone” has the line 16 same meaning as defined in Section 40802 of the Vehicle Code. line 17 (c) Twenty-five miles per hour:
line 18 (1) On any highway, in any business or residence district unless line 19 a different speed is determined by local authority or the Department line 20 of Transportation under procedures set forth in this code. line 21 (2) When passing a senior center or other facility primarily used line 22 by senior citizens, contiguous to a street other than a state highway line 23 and posted with a standard “SENIOR” w arning sign. A local line 24 authority may erect a sign pursuant to this paragraph when the line 25 local agenc y mak es a determination that the proposed signing line 26 should be implemented. A local authority may request grant line 27 funding from the Active Transportation Program pursuant to line 28 Chapter 8 (commencing with Section 2380) of Di vision 3 of the line 29 Streets and Highways Code, or any other grant funding available line 30 to it, and use that grant funding to pay for the erection of those line 31 signs, or may utilize any other funds available to it to pay for the line 32 erection of those signs, including, b ut not limited to, donations line 33 from private sources.
line 34 (d) This section shall become operati ve on January 1, 2027. line 35 2028.
line 36 SEC. 4. Section 22352.5 is added to the Vehicle Code, to read:
line 37 22352.5. (a) Notwithstanding Section 22352, a local authority line 38 may, by ordinance or resolution, determine and declare a prima line 39 facie speed limit of 20 miles per hour in a school zone during all line 40 of the following time periods:
96 — 18 — AB 2583
line 1 (1) Seven a.m. through 10 to 9 a.m., inclusi ve, and 2 p.m. line 2 through to 5 p.m., inclusive, Monday through Friday, on days the line 3 school is in operation. A local authority may propose alternati ve line 4 hours, so long as the hours are no less than one hour before or after line 5 the school is in operation and the alternati ve hours are posted on line 6 the “SCHOOL” warning sign.
line 7 (2) During any period when the beacons attached to a standard line 8 “SCHOOL” warning sign are flashing if the sign is equipped with line 9 a notice that indicates that the school zone speed limit is in effect line 10 when the beacons are flashing. F or the purpose of this line 11 subparagraph, a standard “SCHOOL” warning sign may be placed line 12 at any distance up to 500 feet away from school grounds. line 13 (b) For purposes of this section, “school zone” has the same line 14 meaning as defined in Section 40802 of the Vehicle Code. line 15 (c) This section shall become inoperati ve on remain in ef fect line 16 until January 1, 2027, 2028, and as of that date is repealed. line 17 SEC. 5. Section 22358.4 of the Vehicle Code is amended to line 18 read:
line 19 22358.4. (a) (1) Whenever a local authority determines upon line 20 the basis of an engineering and traffic survey that the prima facie line 21 speed limit established by subdivision (b) of Section 22352 is more line 22 than is reasonable or safe, the local authority may , by ordinance line 23 or resolution, determine and declare a prima f acie speed limit of line 24 15 miles per hour if justified as the appropriate speed limit by that line 25 survey.
line 26 (2) An ordinance or resolution adopted under paragraph (1) line 27 shall not be effective until appropriate signs gi ving notice of the line 28 speed limit are erected upon the highway and, in the case of a state line 29 highway, until the ordinance is appro ved by the Department of line 30 Transportation and the appropriate signs are erected upon the line 31 highway.
line 32 (b) (1) Notwithstanding subdivision (a) or any other provision line 33 of law, a local authority may, by ordinance or resolution, determine line 34 and declare prima facie speed limits as follows:
line 35 (A) A 15 miles per hour prima facie limit in a residence district, line 36 on a highw ay with a posted speed limit of 30 miles per hour or line 37 slower, when approaching, at a distance of less than 500 feet from, line 38 a school building or the grounds thereof, contiguous to a highway line 39 and posted with a school warning sign that indicates a speed limit line 40 of 15 miles per hour from 7 a.m. through 10 to 9 a.m., inclusive, 96 AB 2583 — 19 —
line 1 and 2 p.m. through to 5 p.m., inclusive, Monday through Friday, line 2 on days the school is in operation and the highway is posted with line 3 a school warning sign that indicates a speed limit of 15 miles per line 4 hour, or during a period when beacons attached to a standard line 5 “SCHOOL” warning sign are flashing and the sign is equipped line 6 with a notice that indicates that the school zone speed limit is in line 7 effect when a beacon is flashing. A local authority may propose line 8 alternative hours, so long as the hours are no less than one hour line 9 before or after the school is in operation and the alternative hours line 10 are posted on the “SCHOOL” warning sign.
line 11 (B) A 25 miles per hour prima f acie limit on a highw ay when line 12 approaching, at a distance of 500 to 1,000 feet from, a school line 13 building or the grounds thereof, contiguous to a highw ay and line 14 posted with a school w arning sign that indicates a speed limit of line 15 25 miles per hour from 7 a.m. through 10 to 9 a.m., inclusive, and line 16 2 p.m. through to 5 p.m., inclusi ve, Monday through Friday , on line 17 days the school is in operation and the highw ay is posted with a line 18 school warning sign that indicates a speed limit of 25 miles per line 19 hour, or during a period when beacons attached to a standard line 20 “SCHOOL” warning sign are flashing and the sign is equipped line 21 with a notice that indicates that the school zone speed limit is in line 22 effect when a beacon is flashing. A local authority may propose line 23 alternative hours, so long as the hours are no less than one hour line 24 before or after the school is in operation and the alternative hours line 25 are posted on the “SCHOOL” warning sign.
line 26 (2) The prima f acie limit established under subparagraph (A) line 27 of paragraph (1) applies only to highw ays that meet all of the line 28 following conditions:
line 29 (A) A maximum of two traffic lanes.
line 30 (B) A maximum posted 30 miles per hour prima f acie speed line 31 limit immediately prior to and after the school zone. line 32 (3) The prima facie limits established under paragraph (1) apply line 33 to all lanes of an affected highway, in both directions of travel. line 34 (4) When determining the need to lower the prima facie speed line 35 limit, the local authority shall tak e the provisions of Section 627 line 36 into consideration.
line 37 (5) (A) An ordinance or resolution adopted under paragraph line 38 (1) shall not be ef fective until appropriate signs gi ving notice of line 39 the speed limit are erected upon the highway and, in the case of a line 40 state highway, until the ordinance is approved by the Department 96 — 20 — AB 2583
line 1 of Transportation and the appropriate signs are erected upon the line 2 highway.
line 3 (B) For purposes of subparagraph (A) of paragraph (1), school line 4 warning signs indicating a speed limit of 15 miles per hour may line 5 be placed at a distance up to 500 feet away from school grounds. line 6 (C) For purposes of subparagraph (B) of paragraph (1), school line 7 warning signs indicating a speed limit of 25 miles per hour may line 8 be placed at any distance between 500 and 1,000 feet away from line 9 the school grounds.
line 10 (D) A local authority shall reimb urse the Department of line 11 Transportation for all costs incurred by the department under this line 12 subdivision.
line 13 (c) This section shall become inoperati ve on remain in ef fect line 14 until January 1, 2027, 2028, and as of that date is repealed. line 15 SEC. 6. Section 22358.4 is added to the Vehicle Code, to read:
line 16 22358.4. (a) (1) Whenever a local authority determines upon line 17 the basis of an engineering and traffic survey that the prima facie line 18 speed limits established by subdivision (b) or (c) of Section 22352 line 19 are more than is reasonable or safe, the local authority may , by line 20 ordinance or resolution, determine and declare a prima facie speed line 21 limit of 15 miles per hour if justified as the appropriate speed limit line 22 by that survey.
line 23 (2) An ordinance or resolution adopted under paragraph (1) line 24 shall not be effective until appropriate signs gi ving notice of the line 25 speed limit are erected upon the highway and, in the case of a state line 26 highway, until the ordinance is appro ved by the Department of line 27 Transportation and the appropriate signs are erected upon the line 28 highway.
line 29 (b) (1) Notwithstanding subdivision (a) or any other provision line 30 of law, a local authority may, by ordinance or resolution, determine line 31 and declare prima facie speed limits as follows:
line 32 (A) A 15 miles per hour prima facie limit in a residence district, line 33 on a highw ay with a posted speed limit of 30 miles per hour or line 34 slower, when approaching, at a distance of less than 500 feet from, line 35 a school building or the grounds thereof, contiguous to a highway line 36 and posted with a school warning sign that indicates a speed limit line 37 of 15 miles per hour from 7 a.m. through 10 to 9 a.m., inclusive, line 38 and 2 p.m. through to 5 p.m., inclusive, Monday through Friday, line 39 on days the school is in operation and the highway is posted with line 40 a school warning sign that indicates a speed limit of 15 miles per 96 AB 2583 — 21 —
line 1 hour, or during a period when beacons attached to a standard line 2 “SCHOOL” warning sign are flashing and the sign is equipped line 3 with a notice that indicates that the school zone speed limit is in line 4 effect when a beacon is flashing. A local authority may propose line 5 alternative hours, so long as the hours are no less than one hour line 6 before or after the school is in operation and the alternative hours line 7 are posted on the “SCHOOL” warning sign.
line 8 (B) A 25 miles per hour prima f acie limit on a highw ay when line 9 approaching, at a distance of 500 to 1,000 feet from, a school line 10 building or the grounds thereof, contiguous to a highw ay and line 11 posted with a school w arning sign that indicates a speed limit of line 12 25 miles per hour from 7 a.m. through 10 to 9 a.m., inclusive, and line 13 2 p.m. through to 5 p.m., inclusi ve, Monday through Friday , on line 14 days the school is in operation and the highw ay is posted with a line 15 school warning sign that indicates a speed limit of 25 miles per line 16 hour, or during a period when beacons attached to a standard line 17 “SCHOOL” warning sign are flashing and the sign is equipped line 18 with a notice that indicates that the school zone speed limit is in line 19 effect when a beacon is flashing. A local authority may propose line 20 alternative hours, so long as the hours are no less than one hour line 21 before or after the school is in operation and the alternative hours line 22 are posted on the “SCHOOL” warning sign.
line 23 (2) The prima f acie limit established under subparagraph (A) line 24 of paragraph (1) applies only to highw ays that meet all of the line 25 following conditions:
line 26 (A) A maximum of two traffic lanes.
line 27 (B) A maximum posted 30 miles per hour prima f acie speed line 28 limit immediately prior to and after the school zone. line 29 (3) The prima facie limits established under paragraph (1) apply line 30 to all lanes of an affected highway, in both directions of travel. line 31 (4) When determining the need to lower the prima facie speed line 32 limit, the local authority shall tak e the provisions of Section 627 line 33 into consideration.
line 34 (5) (A) An ordinance or resolution adopted under paragraph line 35 (1) shall not be ef fective until appropriate signs gi ving notice of line 36 the speed limit are erected upon the highway and, in the case of a line 37 state highway, until the ordinance is approved by the Department line 38 of Transportation and the appropriate signs are erected upon the line 39 highway.
96 — 22 — AB 2583
line 1 (B) For purposes of subparagraph (A) of paragraph (1), school line 2 warning signs indicating a speed limit of 15 miles per hour may line 3 be placed at a distance up to 500 feet away from school grounds. line 4 (C) For purposes of subparagraph (B) of paragraph (1), school line 5 warning signs indicating a speed limit of 25 miles per hour may line 6 be placed at any distance between 500 and 1,000 feet away from line 7 the school grounds.
line 8 (D) A local authority shall reimb urse the Department of line 9 Transportation for all costs incurred by the department under this line 10 subdivision.
line 11 (c) This section shall become operati ve on January 1, 2027. line 12 2028.
line 13 SEC. 7. Section 40802 of the Vehicle Code is amended to read:
line 14 40802. (a) A “speed trap” is either of the following:
line 15 (1) A particular section of a highw ay measured as to distance line 16 and with boundaries marked, designated, or otherwise determined line 17 in order that the speed of a vehicle may be calculated by securing line 18 the time it takes the vehicle to travel the known distance. line 19 (2) A particular section of a highway with a prima facie speed line 20 limit that is pro vided by this code or by local ordinance under line 21 paragraph (1) of subdivision (b) of Section 22352, or established line 22 under Section 22354, 22357, 22358, or 22358.3, if that prima facie line 23 speed limit is not justified by an engineering and traffic surv ey line 24 conducted within fiv e years prior to the date of the alle ged line 25 violation, and enforcement of the speed limit in volves the use of line 26 radar or an y other electronic de vice that measures the speed of line 27 moving objects. This paragraph does not apply to a local street, line 28 road, school zone, senior zone, business activity district, or speed line 29 limit adopted under Section 22358.7 or 22358.8. line 30 (b) (1) For purposes of this section, a local street or road is one line 31 that is functionally classified as “local” on the “California Road line 32 System Maps, ” that are appro ved by the Federal Highw ay line 33 Administration and maintained by the Department of line 34 Transportation. It may also be defined as a “local street or road” line 35 if it primarily provides access to abutting residential property and line 36 meets the following three conditions:
line 37 (A) Roadway width of not more than 40 feet.
line 38 (B) Not more than one-half of a mile of uninterrupted length. line 39 Interruptions shall include official traffic control signals as defined line 40 in Section 445.
96 AB 2583 — 23 —
line 1 (C) Not more than one traffic lane in each direction. line 2 (2) For purposes of this section, “school zone” means that area line 3 of a highway within 500 feet of school grounds and on which is line 4 posted a standard “SCHOOL” warning sign, from 7 a.m. through line 5 10 to 9 a.m., inclusi ve, and 2 p.m. through to 5 p.m., inclusi ve, line 6 Monday through Friday, on days the school is in operation, during line 7 a period when beacons attached to a standard “SCHOOL” warning line 8 sign are flashing, or while the school grounds are in use by children line 9 if that highw ay is posted with a standard “SCHOOL” w arning line 10 sign. A local authority may propose alternati ve hours, so long as line 11 the hours are no less than one hour before or after the school is in line 12 operation and the alternative hours are posted on the “SCHOOL” line 13 warning sign.
line 14 (3) For purposes of this section, “senior zone” means that area line 15 approaching or passing a senior center b uilding or other f acility line 16 primarily used by senior citizens, or the grounds thereof that is line 17 contiguous to a highw ay and on which is posted a standard line 18 “SENIOR” warning sign, pursuant to Section 22352. line 19 (4) For purposes of this section, “b usiness acti vity district” line 20 means a section of highway described in subdivision (b) of Section line 21 22358.9 in which a standard 25 miles per hour or 20 miles per line 22 hour speed limit sign has been posted pursuant to paragraph (1) line 23 of subdivision (a) of that section.
line 24 (c) (1) When all of the follo wing criteria are met, paragraph line 25 (2) of this subdivision shall be applicable and subdivision (a) shall line 26 not be applicable:
line 27 (A) When radar is used, the arresting officer has successfully line 28 completed a radar operator course of not less than 24 hours on the line 29 use of police traffic radar , and the course w as appro ved and line 30 certified by the Commission on Peace Officer Standards and line 31 Training.
line 32 (B) When a laser or an y other electronic de vice is used to line 33 measure the speed of mo ving objects, the arresting officer has line 34 successfully completed the training required in subparagraph (A) line 35 and an additional training course of not less than tw o hours line 36 approved and certified by the Commission on Peace Officer line 37 Standards and Training.
line 38 (C) (i) The prosecution pro ved that the arresting officer line 39 complied with subparagraphs (A) and (B) and that an engineering line 40 and traffic surv ey has been conducted in accordance with 96 — 24 — AB 2583
line 1 subparagraph (B) of paragraph (2). The prosecution proved that, line 2 prior to the officer issuing the notice to appear, the arresting officer line 3 established that the radar , laser , or other electronic de vice line 4 conformed to the requirements of subparagraph (D). line 5 (ii) The prosecution proved the speed of the accused was unsafe line 6 for the conditions present at the time of alle ged violation unless line 7 the citation was for a violation of Section 22349, 22356, or 22406. line 8 (D) The radar, laser, or other electronic device used to measure line 9 the speed of the accused meets or exceeds the minimal operational line 10 standards of the National Highway Traffic Safety Administration, line 11 and has been calibrated within the three years prior to the date of line 12 the alleged violation by an independent certified laser or radar line 13 repair and testing or calibration facility.
line 14 (2) A “speed trap” is either of the following:
line 15 (A) A particular section of a highway measured as to distance line 16 and with boundaries marked, designated, or otherwise determined line 17 in order that the speed of a vehicle may be calculated by securing line 18 the time it takes the vehicle to travel the known distance. line 19 (B) (i) A particular section of a highway or state highway with line 20 a prima facie speed limit that is provided by this code or by local line 21 ordinance under paragraph (1) of subdivision (b) of Section 22352, line 22 or established under Section 22354, 22357, 22358, or 22358.3, if line 23 that prima facie speed limit is not justified by an engineering and line 24 traffic survey conducted within one of the following time periods, line 25 prior to the date of the alle ged violation, and enforcement of the line 26 speed limit involves the use of radar or any other electronic device line 27 that measures the speed of moving objects:
line 28 (I) Except as specified in subclause (II), seven years. line 29 (II) If an engineering and traffic surv ey was conducted more line 30 than 7 years prior to the date of the alle ged violation, and a line 31 registered engineer e valuates the section of the highw ay and line 32 determines that no significant changes in roadw ay or traffic line 33 conditions have occurred, including, b ut not limited to, changes line 34 in adjoining property or land use, roadway width, or traffic volume, line 35 14 years.
line 36 (ii) This subparagraph does not apply to a local street, road, or line 37 school zone, senior zone, business activity district, or speed limit line 38 adopted under Section 22358.4, 22358.7, or 22358.8. line 39 SEC. 8. If the Commission on State Mandates determines that line 40 this act contains costs mandated by the state, reimb ursement to 96 AB 2583 — 25 —
line 1 local agencies and school districts for those costs shall be made line 2 pursuant to Part 7 (commencing with Section 17500) of Division line 3 4 of Title 2 of the Government Code.
O
96 — 26 — AB 2583