Bill Text: CA SB694 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Outdoor advertising: transit stations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-04 - Chaptered by Secretary of State. Chapter 545, Statutes of 2013. [SB694 Detail]

Download: California-2013-SB694-Amended.html

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BILL NUMBER: SB 694	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2013
	AMENDED IN ASSEMBLY  JULY 1, 2013
	AMENDED IN SENATE  MAY 2, 2013
	AMENDED IN SENATE  APRIL 22, 2013

INTRODUCED BY   Senator Correa

                        FEBRUARY 22, 2013

   An act to add Section 5272.1 to the Business and Professions Code,
relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 694, as amended, Correa. Outdoor advertising: transit stations.

   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 exempts from certain of its
provisions advertising displays that advertise the business conducted
or services rendered or goods produced or sold on the property upon
which the display is placed, as specified. Existing law also exempts
certain advertising displays in existence before January 1, 2009, at
an arena located on public land with a capacity of 5,000 seats or
more that provides a permanent venue for professional sports, subject
to certain conditions.
   This bill would also exempt from certain provisions of the Outdoor
Advertising Act an advertising display on public property upon which
is located a publicly owned multimodal transit facility that serves
passenger rail and that is to serve as a station for the high-speed
train system, as specified. The bill would impose various conditions
on an advertising display erected under these circumstances,
including a requirement for a local ordinance regulating the display
and approval by the High-Speed Rail Authority. The bill would require
revenues from the advertising display, beyond the cost of erection,
to be used to support the construction, operation, and maintenance of
the multimodal transit facility.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5272.1 is added to the Business and Professions
Code, to read:
   5272.1.  (a) With the exception of Article 4 (commencing with
Section 5300) and Sections 5400 and 5404, inclusive, nothing
contained in this chapter applies to any advertising display that is
exclusively on public property upon which is located a multimodal
transit facility.
   (b) This section applies to advertising displays only if the
multimodal transit facility meets the following requirements:
   (1) It is publicly owned and operated and is located on public
land.
   (2) It is identified as a critical component in the region's
sustainable communities strategy, as described in Section 65080 of
the Government Code.
   (3) One of the modes of transportation served at the multimodal
transit facility is passenger rail.
   (4) It is a current or future station for the high-speed train
system in the corridor identified in paragraph (2) of subdivision (b)
of Section 2704.04 of the Streets and Highways Code.
   (c) To advertise any products, goods, or services on an
advertising display pursuant to this section, all of the following
shall apply:
   (1) The advertising display shall be on the same side of the
highway and within 1,000 feet of an entrance to a multimodal transit
facility that meets the requirements of subdivision (b).
   (2) The advertising display shall not advertise products, goods,
or services related to  distilled spirits,  tobacco,
firearms, or sexually explicit material.
   (3) Beyond the cost of erection, revenues from the advertising
display shall be used to support the construction, operations, and
maintenance of the multimodal transit facility.
   (4) The advertising display shall not cause a reduction in federal
aid highway funds as provided in 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 shall remove all advertising copy from the
display within 60 days after the state notifies the display owner 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
cessation of operation or removal of an advertising display or
advertising copy pursuant to this paragraph. 
   (d) Any advertising display erected pursuant to this section shall
be lawful only if authorized by, or in accordance with, an
ordinance, including, but not limited to, a specific plan or sign
district, adopted by the  city or   city, 
county,  or city and county,  as applicable, that regulates
advertising displays by either identifying the specific displays or
by establishing regulations that include, at a minimum, all of the
following:
   (1) The number of signs and total signage area allowed.
   (2) The maximum individual signage area.
   (3) Minimum sign separation.
   (4) Illumination restrictions and regulations, including signage
refresh rate, scrolling, and brightness.
   (5) Illuminated sign hours of operation.
   (e) Authorization of an advertising display under this section
shall also be subject to the owner of the display submitting, to the
High-Speed Rail Authority, a copy of the ordinance authorizing the
display that has been adopted by the applicable  city or
  city,  county  , or city and county 
pursuant to subdivision (d). The High-Speed Rail Authority shall
review and certify that the proposed display and the ordinance meet
the minimum requirements of this section, including that the
multimodal transit facility is or will be a current or future station
for the high-speed train system pursuant to paragraph (4) of
subdivision (b). 
   (f) The city, county, or city and county adopting the ordinance
authorizing the displays erected pursuant to this section shall have
the primary responsibility for ensuring that the displays remain in
conformance with all provisions of the ordinance and of this section.
If the city, county, or city and county fails to ensure that the
displays are in conformance and shall remain in conformance with all
provisions of the ordinance and of this section within 30 days of
receipt of a written notice from the department, that one or more
displays are out of conformance 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 the
ordinance and this section or to defend actions challenging the
adoption of the ordinance allowing the displays.  
   (f) 
    (g)  Nothing in this section limits a city or county
from adopting an ordinance prohibiting or further restricting the
size, number, or types of advertising displays authorized by this
section. 
   (g) 
    (h)  Any law that applies to advertising displays
authorized pursuant to Section 5272 shall also apply to this section.