Amended in Senate March 29, 2016

Senate Bill No. 1199

Introduced by Senator Hall

begin insert

(Coauthor: Assembly Member Burke)

end insert

February 18, 2016

An act to amend Section 5273 of the Business and Professions Code, relating to outdoor advertising.

LEGISLATIVE COUNSEL’S DIGEST

SB 1199, as amended, Hall. Advertising displays: redevelopment agency project areas.

Existing law, 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 regulates the placement of off-premises advertising displays along highways that 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. begin insert A violation of the act is a crime. end insert

The act also provides that an advertising display advertising businesses and activities begin insert developed end insert within the boundary limits of, and as a part of, an individual redevelopment agency project, as those project boundaries existed on December 29, 2011, may remain and be considered an on-premises display, until January 1, 2023, if the advertising display meets specified criteria. The act further authorizes, on and after January 1, 2022, the applicable city, county, or city and county to request from the department an extension for good cause, as specified, beyond January 1, 2023, not to exceed the expiration of the redevelopment project area.

begin delete

This bill would make a nonsubstantive change to these provisions.

end delete begin insert

This bill would expand these provisions to include the advertising of businesses or activities operating outside the redevelopment project, but within the boundaries of the city, county, or city and county that contained the redevelopment project. By expanding the scope of the Outdoor Advertising Act, a violation of which is a crime, the bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

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

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

SECTION 1.  

Section 5273 of the Business and Professions
Code is amended to read:

5273.  

(a) Notwithstanding the dissolution of a state
redevelopment agency, and subject to subdivision (b), for purposes
of this chapter, an advertising display advertising begin delete the end delete businesses
and activities begin delete developed end delete within the boundary limits begin delete of, and as a
part of, an individual end delete begin insert of a city, county, or city and county that
contained a end insert redevelopment begin delete agency project, end delete begin insert project, end insert as begin delete those end delete begin insert the end insert
boundaries begin insert of the city, county, city and county, and redevelopment
project end insert existed on December 29, 2011, may continue to exist and
be considered an on-premises display, as defined in Section 5490,
if the advertising display meets all of the following conditions:

(1) The advertising display is located within the boundary limits
of the begin delete project. end delete begin insert city, county, or city and county of the former
redevelopment project. end insert

(2) The advertising display was constructed on or before January
1, 2012.

(3) The advertising display does not cause the reduction of
federal aid highway funds provided pursuant to Section 131 of
Title 23 of the United States Code. If an advertising display
authorized under this section is subject to a notice from the United
States Department of Transportation, the Federal Highway
Administration, or any other applicable federal agency to the state
that the operation of that display will result in the reduction of
federal aid highway funds as provided in Section 131 of Title 23
of the United States Code, the display owner or operator shall
remove all advertising copy from the display within 60 days after
the date the state notifies the owner or operator, and the applicable
city, county, or city and county, by certified mail, of the receipt
of the federal notice. Failure to remove the advertising copy
pursuant to this paragraph shall result in a civil fine, imposed by
the California Department of Transportation, of ten thousand
dollars ($10,000) per day until the advertising copy is removed.
The department shall not assume any liability in connection with
the cessation of operation or removal of an advertising display or
advertising copy pursuant to this paragraph. If the name of the
owner or operator of the display is not indicated on the display,
the state is only required to send the notice to the applicable city,
county, or city and county.

(b) An advertising display described in subdivision (a) may
remain until January 1, 2023, after which date the display shall be
removed, unless it otherwise qualifies as a lawful advertising
display pursuant to this chapter, without the payment of any
compensation to the owner or operator. On and after January 1,
2022, the applicable city, county, or city and county may for good
cause request from the department an extension beyond January
1, 2023, not to exceed the expiration of the redevelopment project
area. “Good cause” for these purposes means that all of the
following are satisfied: (1) there has been a finding by the
applicable city, county, or city and county that the advertising
display has had a positive economic impact on the redevelopment
project area and provides a public benefit, (2) there have been no
violations by the display owner or operator of this section or of
any applicable illumination standards in the previous 10 years that
have not been corrected within 30 days of the date of mailing of
a violation notice to the owner or operator by the department, and
(3) there has been compliance by the owner and operator with all
other standards adopted by the applicable city, county, or city and
county, or by the department.

(c) The applicable city, county, or city and county shall be
responsible for ensuring that an advertising display is consistent
with this section and provides a public benefit. This provision shall
not be construed to preclude any enforcement authority of the
department under this chapter.

(d) The applicable city, county, or city and county shall begin delete annually,
by December 31, end delete begin insert annually end insert certify to the begin delete department end delete begin insert department,
by December 31 of each year, end insert that the advertising copy of the
advertising display is advertising businesses or activities operating
within the boundaries of the begin insert city, county, or city and county that
adopted the end insert redevelopment project area and that at least 10 percent
of the advertising copy, up to a maximum of 100 square feet, is
used to display the address or location or locations of the business
or activity, or to identify the route to the business or activity from
the nearest freeway offramp. The department may independently
review compliance with this certification. An advertising display
subject to this section shall be removed if it is in violation of this
subdivision more than three times within a 10-year period and the
violation has not been corrected within 30 days of the date of
mailing of a violation notice to the owner or operator by the
department.

(e) The applicable city, county, or city and county authorizing
an advertising display placed pursuant to this section shall have
primary responsibility for ensuring that the display remains in
conformance with all provisions of this section. If the city, county,
or city and county fails to do so within 30 days of the date of
mailing of a notice to the city, county, or city and county by the
department, the city, county, or city and county shall hold the
department harmless and indemnify the department for all costs
incurred by the department to ensure compliance with this section
or to defend actions challenging the authorization of displays
pursuant to this section.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert