Amended in Senate April 22, 2013

Senate Bill No. 694

Introduced by Senator Correa

February 22, 2013

An act to begin delete amend Section 5203 of end delete begin insert add Section 5272.1 to end insert the Business and Professions Code, relating to outdoor advertising.

LEGISLATIVE COUNSEL’S DIGEST

SB 694, as amended, Correa. begin delete Outdoor advertising: definition of advertising structure. end delete begin insert Outdoor advertising: transit stations. end insert

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The Outdoor Advertising Act provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act exempts from certain of its provisions advertising displays that advertise the business conducted or services rendered or goods produced or sold on the property upon which the display is placed, as specified. Existing law also exempts certain advertising displays in existence before January 1, 2009, at an arena located on public land with a capacity of 5,000 seats or more that provides a permanent venue for professional sports, subject to certain conditions.

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This bill would also exempt from certain provisions of the Outdoor Advertising Act advertising displays on public property upon which is located a facility that primarily serves as a multimodal transit station that is to serve as a station for the high-speed train system, as specified. The bill would impose various conditions on an advertising display erected under these circumstances.

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The Outdoor Advertising Act provides for regulation by the Director of Transportation of advertising displays, as defined, within view of public highways. The act regulates the placement of off-premises advertising displays along highways, which displays generally advertise business conducted or services rendered or goods produced or sold at a location other than the property upon which the display is located.

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This bill would make nonsubstantive changes to the act.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 5272.1 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 5272.1. end insert   

(a) With the exception of Article 4 (commencing with
Section 5300) and Sections 5400 and 5404, inclusive, nothing
contained in this chapter applies to any advertising display that
is exclusively on public property upon which is located a facility
that primarily serves as a multimodal transit station for various
modes of transportation, including, but not limited to, passenger
rail, that supports the goals of the region’s sustainable communities
strategy, as described in Section 65080 of the Government Code,
and that satisfies either of the following:

(1) Serves as a current or future station for the high-speed train
system at a location in the corridor identified in paragraph (2) of
subdivision (b) of Section 2704.04 of the Streets and Highways
Code.

(2) Serves as a station for the high-speed train system at any
additional location in the corridors identified in paragraph (3) of
subdivision (b) of Section 2704.04 of the Streets and Highways
Code, provided it is approved as a station by the High-Speed Rail
Authority.

(b) To advertise any products, goods, or services on an
advertising display pursuant to this section, all of the following
shall apply:

(1) The facility shall be publicly owned and operated and shall
be located on public land.

(2) The advertising display shall not advertise products, goods,
or services related to distilled spirits, tobacco, firearms, or sexually
explicit material.

(3) The advertising display shall not cause a reduction in federal
aid highway funds as provided in Section 131 of Title 23 of the
United States Code.

(c) Any advertising display erected pursuant to this section shall
be authorized by, or be in accordance with, an ordinance,
including, but not limited to, a specific plan or sign district,
adopted by the city or county, as applicable, that regulates
advertising displays by either identifying the specific displays or
by establishing regulations that include, at a minimum, all of the
following:

(1) The number of signs and total signage area allowed.

(2) The maximum individual signage area.

(3) Minimum sign separation.

(4) Illumination restrictions and regulations, including signage
refresh rate, scrolling, and brightness.

(5) Illuminated sign hours of operation.

(d) Nothing in this chapter limits a city or county from adopting
an ordinance further restricting the size, number, or types of
advertising displays authorized by this section.

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SECTION 1.  

Section 5203 of the Business and Professions
Code is amended to read:

5203.  

“Advertising structure” means a structure of any kind
or character that is erected, used, or maintained for outdoor
advertising purposes, upon which any poster, bill, printing,
painting, or other advertisement of any kind whatsoever may be
placed, including statuary, for advertising purposes.

“Advertising structure” does not include any of the following:

(a) Official notices issued by any court or public body or officer.

(b) Notices posted by any public officer in performance of a
public duty or by any person in giving legal notice.

(c) Directional, warning, or information structures required by
or authorized by law or by federal, state or county authority.

(d) A structure that is erected near a city or county boundary
that contains the name of the city or county and the names of, or
any other information regarding, civic, fraternal, or religious
organizations located therein.

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