BILL ANALYSIS �
AB 2441
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ASSEMBLY THIRD READING
AB 2441 (Mullin)
As Introduced February 21, 2014
Majority vote
GOVERNMENTAL ORGANIZATION 17-1
APPROPRIATIONS 16-1
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|Ayes:|Hall, Nestande, |Ayes:|Gatto, Bigelow, Allen, |
| |Achadjian, Bigelow, | |Bocanegra, Bradford, Ian |
| |Campos, Chesbro, Cooley, | |Calderon, Campos, Eggman, |
| |Dababneh, Gray, Roger | |Gomez, Holden, Linder, |
| |Hern�ndez, Jones-Sawyer, | |Pan, Quirk, |
| |Levine, Medina, Perea, V. | |Ridley-Thomas, Wagner, |
| |Manuel P�rez, Salas | |Weber |
| |Waldron | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wilk |Nays:|Donnelly |
| | | | |
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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."
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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
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 : According to the Assembly Appropriations
Committee, minor increase in enforcement costs to state and
local agencies nonreimbursable, offset in part with fines paid
by violators.
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.
This bill 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.
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Changeable Message Signs (CMSs): CMSs 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 the Department of Transportation (Caltrans), the
use of CMSs 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 stress, and allows drivers to make
better route decisions. The California Center for Innovative
Transportation has implemented a system in the Bay Area that
provides travelers with travel time messages on CMSs.
"Fake" CMSs: 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, Blue Jeans, 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 zero 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
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drivers.
Analysis Prepared by : Felipe Lopez / G.O. / (916) 319-2531
FN: 0003169