Amended in Senate April 26, 2016

Amended in Senate March 29, 2016

Senate Bill No. 1199

Introduced by Senator Hall

(Coauthor: Assembly Member Burke)

February 18, 2016

An act to begin delete amend end delete begin insert add end insert Section begin delete 5273 of end delete begin insert 5273.1 to end insert the Business and Professions Code, relating to outdoor advertising.

LEGISLATIVE COUNSEL’S DIGEST

SB 1199, as amended, Hall. Advertising displays: begin delete redevelopment agency project areas. end delete begin insert City of Inglewood. end insert

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. A violation of the act is a crime.

The act also provides that an advertising display advertising businesses and activities developed 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.

This bill would begin delete expand these end delete begin insert authorize under similar end insert provisions begin delete to include end delete the advertising of businesses or activities operating outside begin delete the end delete begin insert a end insert redevelopment begin delete project, end delete begin insert project area end insert but within the boundaries of the begin delete 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, end delete begin insert City of Inglewood. The bill would impose certain duties on the City of Inglewood regarding advertising display. By increasing the level of service provided by the city, end insert the bill would impose a state-mandated local program.

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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 delete begin delete

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

end delete begin insert

The bill would also make findings and declarations as to the need for a special statute relating to the City of Inglewood.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 5273.1 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 5273.1. end insert   

(a) Notwithstanding Section 5273 and the dissolution
of a state redevelopment agency, and subject to subdivision (b),
for purposes of this section, an advertising display location that
advertised businesses and activities within the boundary limits of
the City of Inglewood may continue to exist and advertise
businesses or activities operating outside the redevelopment project
area. It shall 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 City of Inglewood.

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

(3) The advertising display is adjacent to Interstate 405 and
located at either post mile 22.36L or 22.38L north of Century
Boulevard.

(4) 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 City of
Inglewood, 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 City of Inglewood.

(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 section, without the payment of any
compensation to the owner or operator. On and after January 1,
2022, the City of Inglewood 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 City of Inglewood 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 City of Inglewood
or by the department.

(c) The City of Inglewood 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 City of Inglewood shall annually certify to the
department, by December 31 of each year, 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
section 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 City of Inglewood shall have primary responsibility for
ensuring that the advertising display authorized pursuant to this
section remains in conformance with all of the provisions of this
section. If the City of Inglewood fails to do so within 30 days of
the date of mailing of a notice to the city by the department, the
city 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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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begin insert

begin insert SEC. 3. end insert   

end insert begin insert

Due to unique circumstances concerning the location
of the advertising displays, or proposed advertising displays, set
forth in this act and the need for advertising in that location, it is
necessary that an exemption from some of the provisions of the
Outdoor Advertising Act be provided for those displays, and the
Legislature finds and declares that a general statute cannot be
made applicable within the meaning of Section 16 of Article IV of
the California Constitution.

end insert

begin delete

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 businesses and
activities within the boundary limits of a city, county, or city and
county that contained a redevelopment project, as the boundaries
of the city, county, city and county, and redevelopment project
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 city, county, or city and county of the former redevelopment
project.

(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 annually
certify to the department, by December 31 of each year, that the
advertising copy of the advertising display is advertising businesses
or activities operating within the boundaries of the city, county,
or city and county that adopted the 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.

SEC. 2.  

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.

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