Amended in Senate May 2, 2013

Amended in Senate April 22, 2013

Senate BillNo. 694

Introduced by Senator Correa

February 22, 2013

An act to add Section 5272.1 to the Business and Professions Code, relating to outdoor advertising.


SB 694, as amended, Correa. Outdoor advertising: transit stations.

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.

This bill would also exempt from certain provisions of the Outdoor Advertising Actbegin insert anend insert advertisingbegin delete displaysend deletebegin insert displayend insert on public property upon which is located a begin insertpublicly owned multimodal transit end insertfacility thatbegin delete primarilyend delete servesbegin delete as a multimodal transit stationend deletebegin insert passenger rail andend insert 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 circumstancesbegin insert, including a requirement for a local ordinance regulating the display and approval by the High-Speed Rail Authorityend insert.begin insert The bill would require revenues from the advertising display, beyond the cost of erection, to be used to support the construction, operation, and maintenance of the multimodal transit facility.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1


Section 5272.1 is added to the Business and
2Professions Code
, to read:



(a) With the exception of Article 4 (commencing with
4Section 5300) and Sections 5400 and 5404, inclusive, nothing
5contained in this chapter applies to any advertising display that is
6exclusively on public property upon which is located abegin delete facility that
7primarily serves as aend delete
multimodal transitbegin delete station for various modes
8of transportation, including, but not limited to, passenger rail, that
9supports the goals of the region’s sustainable communities strategy,
10as described in Section 65080 of the Government Code, and that
11satisfies either of the following:end delete
begin insert facility.end insert

begin delete

12(1) Serves as a current or future station for the high-speed train
13system at a location in the corridor identified in paragraph (2) of
14subdivision (b) of Section 2704.04 of the Streets and Highways

16(2) Serves as a station for the high-speed train system at any
17additional location in the corridors identified in paragraph (3) of
18subdivision (b) of Section 2704.04 of the Streets and Highways
19Code, provided it is approved as a station by the High-Speed Rail

end delete
begin insert

21(b) This section applies to advertising displays only if the
22multimodal transit facility meets the following requirements:

end insert
begin insert

23(1) It is publicly owned and operated and is located on public

end insert
begin insert

25(2) It is identified as a critical component in the region’s
26sustainable communities strategy, as described in Section 65080
27of the Government Code.

end insert
begin insert

28(3) One of the modes of transportation served at the multimodal
29transit facility is passenger rail.

end insert
begin insert

30(4) It is a current or future station for the high-speed train
31system in the corridor identified in paragraph (2) of subdivision
32(b) of Section 2704.04 of the Streets and Highways Code.

end insert
begin delete

21 33(b)

end delete

P3    1begin insert(c)end insert To advertise any products, goods, or services on an
2advertising display pursuant to this section, all of the following
3shall apply:

4(1) Thebegin delete facility shall be publicly owned and operated and shall
5be located on public landend delete
begin insert advertising display shall be on the same
6side of the highway and within 1,000 feet of an entrance to a
7multimodal transit facility that meets the requirements of
8subdivision (b)end insert

9(2) The advertising display shall not advertise products, goods,
10or services related to distilled spirits, tobacco, firearms, or sexually
11explicit material.

begin insert

12(3) Beyond the cost of erection, revenues from the advertising
13display shall be used to support the construction, operations, and
14maintenance of the multimodal transit facility.

end insert
begin delete

29 15(3)

end delete

16begin insert(4)end insert The advertising display shall not cause a reduction in federal
17aid highway funds as provided in Section 131 of Title 23 of the
18United States Code.

begin delete

P3   1 19(c)

end delete

20begin insert(d)end insert Any advertising display erected pursuant to this section shall
21be authorized by, or be in accordance with, an ordinance, including,
22but not limited to, a specific plan or sign district, adopted by the
23city or county, as applicable, that regulates advertising displays
24by either identifying the specific displays or by establishing
25regulations that include, at a minimum, all of the following:

26(1) The number of signs and total signage area allowed.

27(2) The maximum individual signage area.

28(3) Minimum sign separation.

29(4) Illumination restrictions and regulations, including signage
30refresh rate, scrolling, and brightness.

31(5) Illuminated sign hours of operation.

begin insert

32(e) Authorization of an advertising display under this section
33shall also be subject to the owner of the display submitting, to the
34High-Speed Rail Authority, a copy of the ordinance authorizing
35the display that has been adopted by the applicable city or county
36pursuant to subdivision (d). The High-Speed Rail Authority shall
37review and certify that the proposed display and the ordinance
38meet the minimum requirements of this section, including that the
39multimodal transit facility is or will be a current or future station
P4    1for the high-speed train system pursuant to paragraph (4) of
2subdivision (b).

end insert
begin delete

14 3(d)

end delete

4begin insert(f)end insert Nothing in thisbegin delete chapterend deletebegin insert sectionend insert limits a city or county from
5adopting an ordinance further restricting the size, number, or types
6of advertising displays authorized by this section.

begin insert

7(g) Any law that applies to advertising displays authorized
8pursuant to Section 5272 shall also apply to this section.

end insert