BILL ANALYSIS
AB 830
Page 1
Date of Hearing: May 9, 2007
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Alberto Torrico, Chairman
AB 830 (Ma) - As Amended: May 3, 2007
SUBJECT : Outdoor advertising
SUMMARY : Allows a sign (billboard) along landscaped highways
to be converted to a digital advertising display, subject to
specified conditions. Specifically, this bill :
1)Provides that existing law shall not prohibit the conversion
of advertising displays for use as a message center, as
defined, if a) the size height, location, and configuration of
the display remain unchanged; b) the conversion complies with
existing law; c) maintenance of the display does not impact
existing trees, as specified; d) the display does not cause a
reduction in federal aid highway funds; and e) the message
center does not impair the vision of motorist on adjacent
highways, as specified.
2)Defines "message center" as a digital advertising display
where the message is changed not more than once every six
seconds.
3)Provides that the display shall have the capacity to
communicate emergency messaging and be part of an agreement
providing a system for communicating public emergency
messages, including Amber Alert and other emergencies as
defined by the Governor's Office of Emergency Services.
4)Provides that Department of Transportation acquisition of a
converted display requires compensation pursuant to Eminent
Domain Law, provided that compensation shall be determined
without regard to the display's use as a message center.
EXISTING LAW :
1)Establishes the state Outdoor Advertising Act (the Act), which
regulates the placement of advertising displays adjacent to
and within specified distances of highways that are part of
the national system of interstate and defense highways and
federal-aid highways. The Act prohibits any advertising
display from being placed or maintained on property adjacent
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to a section of a freeway that has been landscaped if the
advertising display is designed to be viewed primarily by
persons traveling on the main-traveled way of the landscaped
freeway, as specified.
2)Provides for limited exemptions and specified exceptions to
the prohibition on advertising along system and landscaped
freeways, including exemptions for signs advertising the
property's sale or lease, signs designating the premises or
its owner, and signs advertising goods or services
manufactured or produced on the property itself.
3)Provides that signs that pre-existed the Act are allowed to
remain for legal, non-conforming uses.
4)Provides an exception for a message center display that
complies with all requirements as specified.
5)Provides that no message center display may include any
illumination or message change that is in motion or appears to
be in motion or which changes in intensity or exposes its
message for less than four seconds, as specified.
6)Provides (with exception) no advertising display shall be
placed or maintained within 660 feet from the edge of the
right-of-way of, and the copy of which is visible from, any
interstate or primary highway, as described.
7)Provides that no message center display may be placed within
1,000 feet of another message center display on the same side
of the freeway, as specified.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author, the intent of
this bill to recognize the legitimacy of changing technology
performed incident to customary maintenance and changing
advertising on outdoor advertising displays and to enhance the
business climate and emergency messaging within the jurisdiction
of cities and counties. This bill will remove an obstacle in
current law, which prohibits the upgrading of existing outdoor
advertising (billboards) to changeable message signs along
landscaped highways. AB 830 will not allow new signs to be
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erected but allow existing signs to be converted to a newer
technology (changeable message sign), with the approval of the
local government. This bill would not prevent cities and
counties from having their own regulations relating to the
conversion of these billboards.
Proponents note technology improvements, led by California's
technology companies are now bringing outdoor advertising into
the digital age. Advertisers are offered the ability to change
their message remotely, which provides up to the minute
information on their products and services. This type of
innovative technology is already being utilized along
non-landscaped segments of the California freeway system.
The author states in 1996, the Federal Highway Administration
(FHWA) updated the federal policy to allow changeable message
signs along federally funded highways. A changeable message
sign, is a sign that allows for multiple advertising messages
within a single sign facing.
In addition to the federal rules regarding size and spacing of a
sign, the state Act does not allow new signs along freeway
segments designed as "landscaped." Signs that pre-existed the
state Act are allowed to exist as legal, "non-conforming signs".
Proponents further note that a statewide network of changeable
message signs could be used to display and communicate emergency
messaging and be part of an agreement providing a system for
communicating public emergency messages, including Amber Alert
and other emergencies as defined by the Governor's Office of
Emergency Services.
Background . The state Outdoor Advertising Act (Act) regulates
the placement of advertising displays (billboards) and signs
along interstate or primary highways, landscaped freeways and
similar specified highways. The Act, along with related federal
provisions, is intended, among other things, to promote highway
beautification and provide a consistent framework for the
regulation of advertising displays along freeways and highways.
The Act sets standards for the advertising structures, including
their size, identification and location, and requires compliance
with permit application procedures and conditions administered
by the State Department of Transportation.
The Act sets minimum spacing requirements between billboards on
interstate highways or primary highways, which are freeways and
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minimum distances from interchanges or an intersection
at grade. The Act also sets minimum distances between signs on
traditional (primary) highways within and without incorporated
areas.
The Act specifies the original and renewal permit fees for
billboards, as well penalties for permit violations. Other
provisions provide for substantial monetary penalties for the
unlawful trimming, destruction, or removal of trees or shrubs to
enhance the visibility of highway-adjacent billboards.
Federal Highway Beautification Act of 1965 . The Highway
Beautification Act (HBA) was created to protect the public
investment, promote the safety and recreational value of public
travel, and to preserve the natural beauty of highways in the
nation.
The HBA specifies that states have the responsibility to enforce
provisions regarding the placement and maintenance of outdoor
advertising signs, displays and devices along the Interstate and
National Highway System. The state of California enforces the
provisions of federal law through a compact that was developed
between the state and the federal government in 1967. Federal
law also includes a penalty for states that violate the Act by
reducing all federal highway transportation funds to the state
by 10%.
Types of Changeable Message Signs . Changeable message
billboards can be placed into two basic categories: mechanically
changed and electronically changed. The most common form of
mechanically changed billboards is known as tri-action displays.
Tri-action billboards can show three static advertisements.
Messages are printed on vertical slats that rotate mechanically,
by a motor. Typically, a static message is displayed for six
seconds, and then the vertical slats are turned to show another
advertisement.
An electronically changed digital billboard typically displays a
static message for six seconds, and then transitions to another
advertisement. These digital billboards display electronic
images that resemble billboard ads printed on vinyl or paper.
Digital billboards are controlled via electronic communication
and are on a secure network. Advertising "copy" is created on a
computer. Digital billboards do not scroll, flash, feature
motion pictures or emit intermittent light.
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The Outdoor Advertising Association of America estimates there
are 500 digital billboards on U.S. roads, compared to about
450,000 traditional billboards.
Related legislation .
AB 1117 (Benoit) of 2007, deems an advertising display erected
by a city or county to advertise businesses operating within a
redevelopment agency project area, or within a business
improvement district whose boundaries partly or wholly overlap
those of the redevelopment agency project area, to be on the
premises at any location within 1,000 feet of the legal
boundaries of the redevelopment agency's project area if the
display meets certain conditions. (Assembly Appropriations
Committee)
AB 563 (Ridley-Thomas) of 2007, deletes the "rebuttable
presumption" in current law that deems those advertising
displays that were unlawfully erected as lawful if the sign
owner had not received notice that the display was unlawful
within five years of the display being erected. This bill also
deletes the requirement that entities requiring the removal of
unlawfully erected signs pay sign owners just compensation to do
so. (Senate Rules Committee)
Prior legislation .
AB 1499 (Benoit) of 2006. Creates an exemption to the Act, to
permit the City of Riverside to erect an outdoor advertising
display along Highway 91 to promote economic activity for the
Riverside Plaza. (Vetoed by Governor)
AB 801 (Jones) of 2006. Creates an exemption from the Outdoor
Advertising Act for one sign in the County of Sacramento.
(Vetoed by Governor)
AB 2441 (Klehs) of 2006. Authorizes an advertising display in
the redevelopment zone of the City of San Leandro subject to
specified conditions. (Vetoed by Governor)
AB 1518 (J. Horton) of 2006. Exempts, from the prohibition
against placing advertising displays adjacent to landscaped
freeways, any billboard located on property owned by the Lennox
School District, subject to certain conditions. (Died pending
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Concurrence in Assembly)
AB 762 (Nunez), Chapter 725, Statutes of 2003, creates an
exemption to the Act by allowing the National Latino Arts
Council to place an advertisement on the roof of a
not-for-profit educational academy.
SB 1480 (Speier), Chapter 972, Statutes of 2002, requires the
applicant for a state billboard permit to have the written
consent of the city or county with land use jurisdiction as well
as the owner of the property site for the billboard
SB 190 (Perata) Chapter 54, Statutes of 2001. Exempted a
certain development of highway advertising in Oakland from
existing laws protecting landscaped highways permitted the City
of Artesia to erect an advertising display alongside a
landscaped highway. Permitted the City of Artesia to lease one
billboard space adjacent to the 91 Freeway on city property.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Outdoor Advertising Association
Hannah Rose Foundation
Wallrich Landi Integrated Marketing Communications
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531