BILL ANALYSIS �
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Date of Hearing: April 2, 2014
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 2441 (Mullin) - As Introduced: February 21, 2014
SUBJECT : Outdoor Advertising.
SUMMARY : Prohibits an advertising display visible from a
highway that appears to be an official public agency changeable
message sign (CMS).
EXISTING LAW
1)Provides, under the Outdoor Advertising Act, for the
regulation of advertising displays visible from highways.
2)Prohibits advertising displays to be placed or maintained in
any of the following locations or positions or under any of
the following conditions or if the advertising structure or
sign is of the following nature:
a) If within the right-of-way of any highway.
b) If visible from any highway and simulating or imitating
any directional, warning, danger or information sign, or if
intended or likely to be construed as giving warning to
traffic, by for example, the use of the words "stop" or
"slow down."
c) If within any stream or drainage channel or below the
floodwater level of any stream or drainage channel where
the advertising display might be deluged by flood waters an
swept under any highway structure crossing the stream or
drainage channel or against the supports of the highway
structure.
d) If not maintained in safe condition.
e) If visible from any highway and displaying any red or
blinking or intermittent light likely to be mistaken for a
warning or danger signal.
f) If visible from any highway which is a part of the
interstate or primary systems, and placed upon trees, or
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painted or drawn upon rocks or other natural features.
g) If any illumination shall impair the vision of travelers
on adjacent highways. Illuminations shall be considered
vision impairing when its brilliance exceeds the values set
forth by law.
h) If visible from a state regulated highway displaying any
flashing, intermittent, or moving light or lights.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author, this bill ensures
the continued effectiveness of changeable message signs used by
the public for timely traffic information while traveling on
California's highways. Advertising displays that imitate CMSs
threaten the usefulness of public agency CMSs by potentially
confusing drivers, contributing to driver stress, and reducing
attention paid to legitimate public agency CMSs.
AB 2441 protects the usefulness of changeable message signs by
prohibiting an advertising display visible from a highway that
appears to be an official public agency CMS.
Changeable Message Signs (CMS's ): CMS's are full matrix
programmable display signs capable of displaying a variety of
character heights and up to three lines of text. They are used
to provide advanced warning of major highway incidents, route
diversion information and provide drivers with real-time
information, such as traffic updates, roadwork warnings, and
other traffic and safety and safety-related information.
According to Caltrans, the use of CMS's for work zones has been
very effective in alerting motorists of downstream lane closures
during nighttime operations.
In September 2009, a report by the California Center for
Innovative Transportation at the University of California
Berkeley found that real-time traffic information on CMSs has
gained popularity in urban areas where congestion and incidents
frequently affect vehicle travel. The report also found that
displaying accurate travel times on CMS helps commuters assess
traffic, alleviates driver's stress, and allows drivers to make
better route decisions. The California Center for Innovative
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Transportation has implemented a system in the Bay Area that
provides travelers with travel time messages on CMSs.
"Fake" Changeable Message Signs : Unfortunately there have been
instances where private companies have used advertising displays
that appear to be an official public agency changeable message
sign in order to advertise their products. For example, in a
picture provided by the author, Bluejeans, a video conferencing
company, erected an advertising display in the Bay Area that
seemed to provide estimated times for drivers to reach specified
destinations. In this example the estimated time to reach Walnut
Creek seemed to be 45 minutes and 30 minutes to reach the city
of Berkeley. The last location on the sign was "Blue Jeans" with
an estimated time of "0 minutes."
The sign seemed to imply and by all indications wanted commuters
to believe that with their video conferencing product any
location can be reached in 0 minutes through video conferencing.
It is important to note, that the estimates are not in fact
actual estimates as these displays are stating and not
changeable. In areas of the state where commute times can depend
widely on the time of day, advertising displays that
inaccurately estimate commutes time can not only confuse
commuters but can lead to unnecessary stress for California
drivers.
Outdoor Advertising Act : The Outdoor Advertising Act (OAA)
regulates the size, illumination, orientation, and location of
advertising displays adjacent to and within specified distances
of interstate or primary highways, and, with some exceptions,
specifically prohibits any advertising display from being placed
or maintained on property adjacent to a section of landscaped
highway.
The OAA generally does not apply to "on premise" advertising
displays, which includes those advertising the sale of the
property upon which it is placed or that advertise the business
conducted, services rendered, or goods produced or sold on the
property. Local government regulates on-premise displays,
except for certain safety requirements.
Federal Highway Beautification Act of 1965 : The Highway
Beautification Act (HBA) was created to protect the public
investment, promote the safety and recreational value of public
travel, and to preserve the natural beauty of highways in the
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nation.
The HBA specifies that states have the responsibility to enforce
provisions regarding the placement and maintenance of outdoor
advertising signs, displays and devices along the Interstate and
National Highway System. The state of California enforces the
provisions of federal law through a compact that was developed
between the state and the federal government in 1967. Federal
law also includes a penalty for states that violate the HBA by
reducing all federal highway transportation funds to the state
by 10%.
Prior Legislation : SB 31 (Padilla), Chapter 542, Statutes of
2013. Modified the arena advertising exception to exempt from
the OAA specified advertising displays authorized before January
1, 2019 by local ordinance, at a venue with a capacity of 15,000
seats or more that is capable of providing a permanent venue for
professional sports.
SB 684 (Hill), Chapter 544, Statutes of 2013. Modified the
redevelopment agency exemption to the Outdoor Advertising Act
(OAA) to reflect the elimination of redevelopment agencies.
SB 694 (Correa), Chapter 545, Statutes of 2013. Exempted from
the Outdoor Advertising Act advertising displays at current or
future high-speed rail stations.
AB 2339 (Solorio), Chapter 493, Statutes of 2008. Expanded the
definition of an "on premise" display to include those displays
advertising products, goods, or services sold on the premises of
an arena of at least 5,000 seats and is located on public land,
provided certain conditions were met.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531
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