BILL NUMBER: AB 109	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  MARCH 24, 2009

INTRODUCED BY   Assembly Member Feuer

                        JANUARY 13, 2009

   An act to add  and repeal Section 5420 of  
Section 5420 to  the Business and Professions Code, relating to
outdoor advertising.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 109, as amended, Feuer. Outdoor advertising: digital
advertising displays.
   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, as specified.
   This bill  , until January 1, 2012,  would
prohibit an advertising display that is visible from a state, county,
or city highway, as specified, from being constructed as, or
converted, enhanced, improved, modified, modernized, or altered into,
a digital advertising display, as defined  , unless it complies
with a specified permitting process  . The bill, until January
1, 2012, would also prohibit an official highway changeable message
sign, as defined, from being constructed as, or converted, enhanced,
improved, modified, modernized, or altered into, a digital
advertising display for the purpose of displaying messages other than
official traffic operations or public safety messages.  The bill
would also prohibit the painting, installation, or application of a
supergraphic, as defined, to an exterior building wall until the
State Fire Marshal   promulgates safety regulations
governing these signs.  The bill would provide for civil
penalties for a violation of these provisions and provide other
remedies for enforcement. The bill would also state the intent of the
Legislature.
   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.  The Legislature finds and declares all of the
following:
   (a) Numerous municipalities and states have raised safety concerns
regarding the construction and conversion of advertising displays
along and on state, county, and city highways into digital
advertising displays.
   (b) The key issues of concern are potential distraction to
motorists due to brightness, rapid changes in the signs, and
proximity to complex driving environments and areas of high traffic
congestion; diversion of attention from official highway signs; and
spacing, among other factors.
   (c) The Federal Highway Administration is expected to release, in
early 2009, Phase 1 of a study indicating a need for more research on
the safety impacts of commercial electronic variable message signs,
referred to in this act as digital advertising displays.
   (d) In early 2009, the American Association of State Highway and
Transportation Officials is expected to release a critical review of
studies in 50 countries around the world over the last 10 years on
safety impacts of digital advertising displays.
   (e) In 2010, the Federal Highway Administration is expected to
release Phase 2 of the study referred to in subdivision (c),
consisting of field work and conclusions concerning safety impacts of
digital advertising displays.
   (f) It is the intent of the Legislature to protect the public
safety  by prohibiting, until January 1, 2012, the
construction of new   by requiring local jurisdictions
to follow the procedures in this act to ascertain the safety impacts
of proposed new  digital advertising displays, or the
conversion, enhancement, improvement, modification, modernization, or
alteration, other than routine maintenance, of existing advertising
displays into digital advertising displays, that are visible from a
state, county, or city highway  , in order to provide the
Legislature adequate time to analyze the safety studies described in
this section, hold public hearings throughout the state on the
findings of those studies, and revise state law as appropriate.
  .  
   (g) It is the intent of the Legislature to protect the public
safety by prohibiting, until January 1, 2012, the construction of, or
conversion, enhancement, improvement, modification, modernization,
or alteration of an official highway changeable message sign, as
defined, for the purpose of displaying commercial messages in
addition to official traffic operations or public safety messages.

   SEC. 2.    (a) Numerous municipalities and states
have raised safety concerns regarding the very large graphic
advertising displays known as "supergraphics" that are painted or
installed on, or applied to, exterior building walls.  
   (b) The key issue of concern with supergraphics is that they often
cover buildings, windows, and fire escapes, endangering the lives of
building occupants and firefighting personnel as well as property.
 
   (c) It is the intent of the Legislature to protect the public
safety and property by prohibiting the painting, installation, or
application of supergraphics to exterior building walls until the
State Fire Marshal promulgates regulations concerning approved
materials, appropriate placement, and characteristics providing safe
ingress and egress for building occupants and firefighting personnel.

   SEC. 2.   SEC. 3.   Section 5420 is
added to the Business and Professions Code, to read:
   5420.  (a) (1) No advertising display subject to this chapter, or
any other advertising display that is visible from a highway, as
defined in Section 5213, that is under state, county, or city
jurisdiction, other than an advertising display described in Section
5272, shall be constructed as, or converted, enhanced, improved,
modified, modernized, or altered into, a digital advertising display
 , unless the permitting authority follows the procedures set
forth in subdivision (d)  .
   (2)  No   Until   January 1, 2012,
no  official highway changeable message sign shall be
constructed as, or enhanced, upgraded, improved, modified,
modernized, or altered into, a digital advertising display for the
purpose of displaying messages other than official traffic operations
or public safety messages.
   (b) (1) For purposes of this section, "digital advertising display"
means an advertising display of still, scrolling, or moving images,
including video and animation, that may be changed remotely through
electronic means and utilizes a series of grid lights, including
cathode ray, light-emitting diode display (LED), plasma screen,
liquid crystal display (LCD), fiber optic, or other electronic media
or technology. "Digital advertising display" includes a message
center, as defined in Section 5216.4.
   (2) For purposes of this section, "official highway changeable
message sign" means a traffic control device owned and operated by or
on behalf of the department or a local or regional transportation
agency designed to provide the public with traffic operations and
public safety information.
   (c) A civil penalty of three thousand five hundred dollars
($3,500) shall apply for each day that an advertising display or
official highway changeable message sign is in violation of this
section. Furthermore, the owner of a display or sign in violation of
this section shall be required to disgorge profits gained over the
period during which the display or sign is in violation. The civil
penalty shall be assessed and recovered in an action brought by the
Attorney General or by any district attorney, county counsel, or city
attorney, who is also authorized to seek an injunction against
further violation of this section. 
   (d) A permitting authority may issue a permit for a digital
advertising display only if it includes the following actions and
considerations in its permitting process:  
   (1) Upon receipt of an application for a permit for a digital
advertising display, all residents, property owners, neighborhood
councils, and homeowner associations within 1,000 feet of the
proposed digital advertising display, or within 1,500 feet if the top
of the proposed display will be more than 54 feet above the ground,
shall be given 60 days' notice regarding the pending permit
application and the date, time, and location for a public hearing
concerning the application. Notification shall include the name of
the applicant, the size, location, and orientation of the proposed
digital advertising display, the name and address of the permitting
authority, and the location where the application is available for
review.  
   (2) The applicant shall be required to submit, in conjunction with
the permit application, a site plan, a layout plan, and an elevation
plan, along with a fee equal to the cost of the safety assessment to
be conducted by the permitting authority, as follows:  
   (A) The site plan shall include all natural features, buildings,
and structures that may affect sight distance. The site plan shall
include all highways as defined in Section 5213, the highway
boundaries, highway names and designations, mile distances along
state highways, all existing advertising displays in the area,
traffic signs and traffic signals, the approximate extent of the
visual zone, and the dimensions and position of the digital
advertising display for which a permit is sought.  
   (B) The layout plan shall be on a scale of 1:2000 and shall show,
for a distance of not less than 1,000 feet from the proposed site of
the digital advertising display being applied for, all the
information as required for the site plan, the positions from which
elevations or photographs are provided, horizontal curve positions,
highway gradients, speed limits, light standards, and any other
information required by the permitting authority that will allow a
detailed evaluation of any factor that could affect highway safety.
 
   (C) The elevation plan may consist of photographs and shall
include details of the position from which an elevation plan is
provided or a photograph has been taken, the distance from the
proposed digital advertising display, and the position of the display
and its structure in relationship to its surroundings and the
highway.  
   (3) (A) Upon receipt of the application and fee by the permitting
authority, a letter shall be sent to the applicant confirming receipt
of the application. The initial evaluation of the application shall
consist of locating the site on a plan and verifying the information
submitted with the application. The applicant may be required to
provide additional information, as determined by the permitting
authority. The initial evaluation shall include criteria such as the
area of control along the highway and location relative to
interchanges or intersections. An application may be rejected based
on the initial evaluation.  
   (B) Following the initial evaluation, if the application is not
rejected, the permitting authority shall conduct a site visit. The
site visit shall consist of recording the position of all physical
features such as highway signs, bridges, gradients, highway marks,
and hazardous locations. Photographs of the proposed sign's location
shall be taken and a video of the relevant highways may be taken to
provide later reference as to the position of highway signs and other
traffic safety devices or signals. The evaluation of applications
may be completed with the site visit, or the permitting authority may
require the applicant to provide additional information. Accident
statistics shall be obtained for each site and hazards posed by the
proposed display shall be considered.  
   (C) The permitting authority shall consider driver safety on
highways, as defined in Section 5213, within view of the proposed
digital advertising display in determining whether or not to issue a
permit for any digital advertising display. Brightness of the
proposed display, frequency of message change, location in complex
driving environments, spacing between the proposed display and other
advertising displays, the likelihood and extent of driver distraction
due to the display, and potential for confusion with official
highway changeable message signs are among the factors to be
considered by the permitting authority before a permit may be issued.
Digital advertising displays shall not present a physical safety
hazard to pedestrians or vehicles, or obscure the view of existing
highway signs and traffic signals, and the proposed display shall be
a safe distance away from highway signs and traffic signals so that
the flow of information to the driver is not disrupted. Other factors
to be considered include the size and configuration of the digital
advertising display, the speed limit on the highway, and the position
of the display, which shall not distract motorists' attention at
merge or diverge areas, curves, interchanges, or intersections. 

   (D) After concluding its final evaluation, the permitting
authority shall hold the public hearing required pursuant to
paragraph (1), and thereafter shall make its decision to issue or
deny a permit to the applicant. A letter of approval or disapproval
shall be sent to the applicant. The applicant may appeal an adverse
decision to a court. The standard of review shall be whether the
permitting authority's decision was arbitrary or capricious. 

   (4) The permitting authority may not rely solely upon the
applicant's assessment of the safety impacts of the proposed digital
advertising display, but shall conduct its own assessment, based on
the most current independent safety studies available. The permitting
authority's application fee shall cover its reasonable costs in that
regard.  
   (5) A permit issued pursuant to this subdivision shall not
constitute a vested right as to the digital advertising display. The
permit may be revised or revoked if the digital advertising display
is subsequently found to be unsafe in any regard. Any alteration to a
permitted digital advertising display required by the permitting
authority to meet the authority's safety requirements shall not
constitute a taking requiring compensation.  
   (6) If a digital advertising display permitted and erected under
this subdivision is subsequently found to be unsafe, and the owner of
the display cannot alter the display to meet the permitting
authority's safety standards, the owner of the display shall remove
the display at its own expense within 10 days and may not seek
compensation from the permitting authority exercising its police
power to protect the public health and safety.  
   (e) No "supergraphic," defined as a very large graphic advertising
display that is painted or installed on, or applied to, an exterior
building wall, may be installed until the State Fire Marshal
promulgates safety regulations governing these signs. The regulations
shall specify the type of materials that may be used for these
signs, which materials may not conduct heat, smolder, drip, or create
toxic smoke, and must be capable of being torn away, as well as
appropriate placement for these signs and characteristics providing
safe ingress and egress for building occupants and firefighting
personnel.  
   (d) 
    (f)  Enactment of this section constitutes the exercise
of the state's police power to protect the public health and safety.

   (e) 
    (g)  Notwithstanding Section 5227 or any other provision
of law, it is the intent of the Legislature to occupy the whole
field of regulation with regard to the subject matter of this
section. Accordingly, this section constitutes a matter of statewide
concern and shall apply to and within the territory of charter cities
and charter counties. 
   (f) 
    (h)  It is the intent of the Legislature to supersede
any ordinances, agreements, or stipulated judgments by and between
local and regional agencies and public or private persons or entities
that are in conflict with this section, except that nothing in this
section is intended to preclude ordinances or regulations by local
jurisdictions that impose restrictions on digital advertising
displays  or supergraphics  greater than those imposed by
this section. 
   (g) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.