State Watch – October 2021
The majority of state legislatures have wrapped up their work for this year. A special thanks to those of you who followed what took place in your state and who tipped us off on initiatives you cared about. Here’s our early fall roundup of what governors signed into law in recent weeks and of other items still active. For a complete rundown of state legislation, visit LandLine.Media.
California
A bill nearing passage in the California Legislature would revise the state’s method to set speed limits.
The state observes the 85th percentile speed rule – the speed at or below which 85% of vehicles travel in free-flowing traffic. Speed limits must be rounded to the nearest 5 mph.
The Assembly-approved bill awaiting consideration on the Senate floor would give the state flexibility to round down the 85th percentile speed when necessary.
If approved, the California Department of Transportation and local authorities would be authorized to consider the safety of bicyclists and pedestrians when performing an engineering and traffic survey.
Specifically, AB43 would authorize a local authority that finds the speed limit is “more than reasonable or safe” to reduce the speed limit by 5 mph by ordinance. As defined by Caltrans, the affected roadway must be designated as a safety corridor that generates high concentrations of bicyclists or pedestrians.
If approved by the Senate, AB43 must go back to the Assembly for approval of minor changes before heading to the governor’s desk.
Massachusetts
Multiple measures at the Massachusetts statehouse could provide a shot in the arm for local road funding.
Massachusetts now collects a 24-cent-per-gallon excise tax on gas and diesel purchases.
H3039 would authorize a local option gas and diesel excise tax. Specifically, any city or town could choose to collect up to a 3-cent excise tax on fuel sales.
A related bill, S1872, singles out authorization for a local option tax in the town of Charlton. The locale along Interstate 90 in Worcester County would be allowed to collect up to an additional 3 cents in excise tax on gas and diesel.
Another road funding option would provide local communities with an avenue to raise funds for regional transportation projects. Specifically, S1899 would permit local ballot measures to ask regional voters whether to raise revenue for transportation work.
A similar bill, H2978, would offer the same authority for regional transportation work.
One more bill, S2265, includes a provision to permit local and regional transportation ballot initiatives.
Nevada
A new law in Nevada bans ticket quotas. Gov. Steve Sisolak has signed into law a bill to forbid police departments from requiring officers to issue a specific number of citations. AB186 implements the same protection to protect officers from making a certain number of arrests.
Additionally, departments are prohibited from considering citations written or arrests made when evaluating officer performance.
New Jersey
One Senate bill focuses on vehicle license renewals.
Select individuals would no longer be required to visit a New Jersey Motor Vehicle Commission agency to renew their operator’s license. The rule change would apply to individuals who have met federal REAL ID requirements.
S3981 would allow individuals who have undergone certain background checks to renew their licenses into REAL ID-compliant versions online or by mail. The new rule would also apply to commercial driver’s licenses.
The change would apply to motorists and truck drivers who have either a federal Transportation Worker Identification Credential issued by the Transportation Security Administration or an endorsement to transport hazardous materials with a required TSA fingerprinting and background check.
Renewals could be done by mail or the New Jersey Motor Vehicle Commission website.
West Virginia
Gov. Jim Justice signed into law legislation to use money available to the state to boost funding for roads and bridges.
The governor called a special session to address the need to tap a portion of the state’s $400 million surplus for transportation projects.
Two bills approved by the Legislature during the session authorize $150 million in additional funding for the West Virginia Division of Highways. HB101 and HB102 authorize the transfer from the state’s general revenue fund to the road fund.
The highway department developed a list of road and bridge repairs that will be addressed with the funding. LL