Amended in Assembly September 3, 2013

Amended in Assembly July 1, 2013

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.

LEGISLATIVE COUNSEL’S DIGEST

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 Act an advertising display on public property upon which is located a publicly owned multimodal transit facility that serves passenger rail and 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, including a requirement for a local ordinance regulating the display and approval by the High-Speed Rail Authority. 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.

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 1.  

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

3

5272.1.  

(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 a multimodal
7transit facility.

8(b) This section applies to advertising displays only if the
9multimodal transit facility meets the following requirements:

10(1) It is publicly owned and operated and is located on public
11land.

12(2) It is identified as a critical component in the region’s
13sustainable communities strategy, as described in Section 65080
14of the Government Code.

15(3) One of the modes of transportation served at the multimodal
16transit facility is passenger rail.

17(4) It is a current or future station for the high-speed train system
18in the corridor identified in paragraph (2) of subdivision (b) of
19Section 2704.04 of the Streets and Highways Code.

20(c) To advertise any products, goods, or services on an
21advertising display pursuant to this section, all of the following
22shall apply:

23(1) The advertising display shall be on the same side of the
24highway and within 1,000 feet of an entrance to a multimodal
25transit facility that meets the requirements of subdivision (b).

26(2) The advertising display shall not advertise products, goods,
27or services related tobegin delete distilled spirits,end delete tobacco, firearms, or sexually
28explicit material.

P3    1(3) Beyond the cost of erection, revenues from the advertising
2display shall be used to support the construction, operations, and
3maintenance of the multimodal transit facility.

4(4) The advertising display shall not cause a reduction in federal
5aid highway funds as provided in Section 131 of Title 23 of the
6United States Code.begin insert If an advertising display authorized under
7this section is subject to a notice from the United States Department
8of Transportation, the Federal Highway Administration, or any
9other applicable federal agency to the state that the operation of
10that display will result in the reduction of federal aid highway
11funds as provided in Section 131 of Title 23 of the United States
12Code, the display owner shall remove all advertising copy from
13the display within 60 days after the state notifies the display owner
14of the receipt of the federal notice. Failure to remove the
15advertising copy pursuant to this paragraph shall result in a civil
16fine, imposed by the California Department of Transportation, of
17ten thousand dollars ($10,000) per day until the advertising copy
18is removed. The department shall not assume any liability in
19connection with cessation of operation or removal of an advertising
20display or advertising copy pursuant to this paragraph.end insert

21(d) Any advertising display erected pursuant to this section shall
22be lawful only if authorized by, or in accordance with, an
23ordinance, including, but not limited to, a specific plan or sign
24district, adopted by thebegin delete city orend deletebegin insert city,end insert county,begin insert or city and county,end insert as
25applicable, that regulates advertising displays by either identifying
26the specific displays or by establishing regulations that include, at
27a minimum, all of the following:

28(1) The number of signs and total signage area allowed.

29(2) The maximum individual signage area.

30(3) Minimum sign separation.

31(4) Illumination restrictions and regulations, including signage
32refresh rate, scrolling, and brightness.

33(5) Illuminated sign hours of operation.

34(e) Authorization of an advertising display under this section
35shall also be subject to the owner of the display submitting, to the
36High-Speed Rail Authority, a copy of the ordinance authorizing
37the display that has been adopted by the applicablebegin delete city orend deletebegin insert city,end insert
38 countybegin insert, or city and county end insertpursuant to subdivision (d). The
39High-Speed Rail Authority shall review and certify that the
40proposed display and the ordinance meet the minimum
P4    1requirements of this section, including that the multimodal transit
2facility is or will be a current or future station for the high-speed
3train system pursuant to paragraph (4) of subdivision (b).

begin insert

4(f) The city, county, or city and county adopting the ordinance
5authorizing the displays erected pursuant to this section shall have
6the primary responsibility for ensuring that the displays remain
7in conformance with all provisions of the ordinance and of this
8section. If the city, county, or city and county fails to ensure that
9the displays are in conformance and shall remain in conformance
10with all provisions of the ordinance and of this section within 30
11days of receipt of a written notice from the department, that one
12or more displays are out of conformance the city, county, or city
13and county shall hold the department harmless and indemnify the
14department for all costs incurred by the department to ensure
15compliance with the ordinance and this section or to defend actions
16challenging the adoption of the ordinance allowing the displays.

end insert
begin delete

17(f)

end delete

18begin insert(g)end insert Nothing in this section limits a city or county from adopting
19an ordinance prohibiting or further restricting the size, number, or
20types of advertising displays authorized by this section.

begin delete

21(g)

end delete

22begin insert(h)end insert Any law that applies to advertising displays authorized
23pursuant to Section 5272 shall also apply to this section.



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