BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       SB 1134|
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                                 UNFINISHED BUSINESS


          Bill No:  SB 1134
          Author:   Knight (R)
          Amended:  6/15/14
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  10-1, 4/29/14
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Roth, Wyland
          NOES:  Pavley

           SENATE FLOOR  : 28-7, 5/15/14
          AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Fuller, Gaines, Galgiani,  
            Hernandez, Hill, Hueso, Huff, Knight, Lieu, Liu, Morrell,  
            Nielsen, Padilla, Roth, Steinberg, Torres, Vidak, Wolk, Wyland
          NOES: Evans, Hancock, Jackson, Lara, Leno, Monning, Pavley
          NO VOTE RECORDED: Calderon, Mitchell, Walters, Wright, Yee

           ASSEMBLY FLOOR  : 73-1, 6/19/14 - See last page for vote


           SUBJECT  :    Illuminated signs on public transit buses

           SOURCE  :     Antelope Valley Transit Authority


           DIGEST  :    This bill authorizes the Antelope Valley Transit  
          Authority (AVTA) to equip the sides of its buses with  
          illuminated signs to display advertising if the AVTA makes a  
          specified determination, on or before March 1, 2015.

           Assembly Amendments  extend by six months the due date for the  
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          required report, if the program is implemented, and the sunset  
          date.

           ANALYSIS  :    Existing law authorizes buses, operated by a  
          publicly owned transit system on regularly scheduled service, to  
          be equipped with illuminated signs to inform the public  
          concerning the buses' operation.  These signs may emit any light  
          color, except that forward-facing signs cannot emit the color  
          red, consistent with the following conditions: 

           1. Signs must emit diffused non-glaring light;  

           2. The area of the signs may be no greater than 720 square  
             inches, for example one foot high and five feet long;

           3. Signs must be installed in a position that does not  
             interfere with the visibility or effectiveness of a required  
             lamp, reflector, or other device on the bus; and 

           4. Signs must display information directly related to public  
             transit service, such as route number, destination  
             description, and run number.  

          Further, existing law authorizes dynamic messaging on  
          illuminated signs equipped to public transit buses if the  
          practice adheres to the following requirements:  

           1. "Paging," meaning information presented for a period of time  
             and then disappearing all at once before new information is  
             presented, is permitted if the display time of each message  
             is between 2.7 and 10 seconds.  Blanking time between each  
             message must be between 0.5 and 25 seconds. 

           2. "Streaming," meaning information moving continuously and  
             smoothly across the display, is permitted if the character  
             movement time, from one end of the display to the other, is  
             at least 2.7 seconds, and the movement time of the entire  
             message is not more than 10 seconds.  

          In 2011, the Legislature passed and the Governor signed AB 607  
          (Brownley, Chapter 529), allowing the City of Santa Monica's bus  
          transit system to establish a pilot program, until January 1,  
          2017, equipping the sides of its buses with illuminated signs to  
          display advertising.  The following conditions govern Santa  

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          Monica's use of these signs on its buses:

           1. Signs must emit diffused non-glaring light;

           2. Signs must not be greater than 4,464 square inches in area,  
             which could be roughly three feet high and ten feet long;

           3. Signs must not be installed in a position that interferes  
             with the visibility of required lamps, reflectors, or other  
             devices;

           4. Signs must not be forward or backward facing (i.e., not on  
             the front or rear of the bus);

           5. Light-emitting diodes for illumination may include red,  
             provided the color formed by the mixing of light from the  
             diodes in the advertising is not red;

           6. Signs must be static when the buses are operating on state  
             freeways; and

           7. Existing standards for paging and streaming (described  
             above) shall apply to the display of advertising signs.

          Further, AB 607 requires the City of Santa Monica transit staff  
          and police department to develop collaboratively a report  
          examining the incidence of adverse impacts on roadway and  
          pedestrian safety due to the illuminated signs pilot program and  
          submit the report to the Legislature and the California Highway  
          Patrol by July 1, 2016.

          In 2013, the Legislature passed and the Governor signed AB 541  
          (Daly, Chapter 133) allowing the University of California  
          Irvine's (UC Irvine) bus transport system to institute a pilot  
          program identical to the one authorized for the City of Santa  
          Monica, but only if Santa Monica had not started the pilot by  
          March 1, 2014.  UC Irvine's pilot program would sunset by  
          January 1, 2019.  

          This bill allows the AVTA, if it determines on March 1, 2015,  
          that UC Irvine has less than 12 transit buses with illuminated  
          display, to institute a pilot program which allows the AVTA  
          buses to be equipped with illuminated signs to display  
          advertising identical to the one authorized for Santa Monica.   

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          This pilot program sunsets on July 1, 2020, and the required  
          report, if the program is implemented, is due January 1, 2020. 

           Background
           
          Public transit agencies have long subsidized transit operations  
          with revenues from static advertising displays placed on the  
          sides of buses.  A recent federal research project suggests that  
          the emerging media of digital bus advertising could provide a  
          potential additional revenue stream for transit agencies.  These  
          digital signs are ultra-thin, lightweight, light emitting diode  
          (LED) screens that can easily be mounted on the sides of buses  
          and cost about $50,000 each.  Digital advertising allows for  
          customized advertising, including a variable rate structure and  
          easily changeable messaging.  Because the advertising being  
          displayed can be managed remotely, it is possible to render the  
          advertising static when the buses are operating on freeways. 

          Responding to this new potential revenue source, the Legislature  
          enacted AB 607 authorizing Santa Monica to conduct a pilot  
          project to study the safety impacts of illuminated signs on  
          buses.  Before widely authorizing the use of these signs across  
          the state, the Legislature wanted to study the safety of the  
          signs and the potential for distraction of pedestrians and other  
          drivers.  

           Distracted driving concerns  .  A variety of constituencies have  
          conducted distracted driving studies focused on a number of  
          potential distractions.  Some studies use data to prove  
          illuminated billboards do not lead to negative outcomes, while  
          other studies refute these conclusions.  Nearly all studies  
          admit that, in most instances, it is very difficult to identify  
          one single factor that led to an adverse incident such as an  
          automobile accident.  Research tends to show that accidents  
          arise from an accumulation of factors, including distractions  
          inside and outside the vehicle, weather conditions, and even  
          distracting thoughts within the driver's mind.

          It is clear, however, that billboards by their very nature  
          capture a driver's attention.  Advertising is intended to  
          communicate a message to the recipient, which requires the  
          driver's attention.  One recent study of driver behavior  
          conducted by the Accident Research Center at Monash University  
          concluded that "the presence of billboards changed drivers'  

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          pattern of visual attention, increased the amount of time needed  
          for drivers to respond to road signs, and increased the number  
          of errors in the driving task."  Other studies using  
          naturalistic driving data have found that, of all the various  
          distractions contributing to poor driving outcomes, visual  
          distraction is the primary concern in driver distraction.  

          As mentioned previously, the Legislature authorized the Santa  
          Monica pilot program in order to study and identify any adverse  
          impacts on pedestrians and drivers resulting from the use of  
          illuminated signs on the exterior of moving buses.  This report  
          should inform the decision of whether or not to expand this  
          authority to other transit operators in the state.  While  
          illuminated billboards, either on the side of the road or sides  
          of buses, may not by themselves lead to adverse impacts, it is  
          clear that they contribute to the multiple distractions drivers  
          and pedestrians navigate each day.  Adding distractions,  
          especially ones that are particularly effective at drawing one's  
          attention, can only increase the risk of negative outcomes.  The  
          question is not whether these advertisements cause accidents and  
          other negative consequences, but how many distractions are  
          enough to create an environment potentially too risky and  
          dangerous for people traveling from one place to another.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/19/14)

          Antelope Valley Transit Authority (source)

           ASSEMBLY FLOOR  : 73-1, 06/19/14
          AYES: Achadjian, Alejo, Allen, Bigelow, Bloom, Bocanegra,  
            Bonilla, Bonta, Bradford, Buchanan, Ian Calderon, Campos,  
            Chau, Chávez, Conway, Cooley, Dababneh, Dahle, Daly,  
            Dickinson, Donnelly, Fong, Fox, Frazier, Beth Gaines, Garcia,  
            Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman,  
            Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,  
            Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez,  
            Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,  
            Skinner, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,  
            Williams, Atkins

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          NOES: Stone
          NO VOTE RECORDED: Ammiano, Brown, Chesbro, Eggman, Yamada,  
            Vacancy


          JA:d  6/20/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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