BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1134| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 1134 Page 2 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 CONTINUED SB 1134 Page 3 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. CONTINUED SB 1134 Page 4 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' CONTINUED SB 1134 Page 5 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 CONTINUED SB 1134 Page 6 NOES: Stone NO VOTE RECORDED: Ammiano, Brown, Chesbro, Eggman, Yamada, Vacancy JA:d 6/20/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED