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SB-459 Outdoor advertising displays: City of Upland.(2017-2018)

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Date Published: 04/17/2017 02:48 PM
SB459:v98#DOCUMENT

Amended  IN  Senate  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 459

Introduced by Senator Portantino

February 16, 2017

An act to add Section 5442.12 to the Business and Professions Code, relating to outdoor advertising.


LEGISLATIVE COUNSEL'S DIGEST


SB 459, as amended, Portantino. Outdoor advertising displays: City of Upland.
(1) The Outdoor Advertising Act regulates placement of advertising signs adjacent to and within specified distances of certain highways. The act prohibits advertising displays from being placed or maintained on property adjacent to a section of a freeway that has been landscaped, with certain exceptions. A violation of the act is a misdemeanor.
This bill would authorize the use of 2 existing advertising displays in the City of Upland adjacent to Interstate 210 if specified conditions are met. Because a violation of the bill’s provisions would be a crime, the bill would impose a state-mandated local program.
The bill would also make findings and declarations as to the need for a special statute relating to the City of Upland.
(2) 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 5442.12 is added to the Business and Professions Code, to read:

5442.12.
 (a) Notwithstanding any other provision of this chapter, Section 5440 does not apply to any advertising display in the City of Upland, if all of the following conditions are met:
(1) The advertising display is located within the boundaries of the City of Upland.
(2) The advertising display was constructed on or before January 1, 2013.
(3) The advertising display is adjacent to Interstate 210 and located at the Colonies Crossroads commercial business center.
(4) The advertising display does not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material.
(5) The display does not impose additional liability on the Department of Transportation.
(6) (A) Before the display may be used for commercial advertising, the department shall determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department.
(B) If the department is unable to make the determination required pursuant to subparagraph (A), the department shall request the Federal Highway Administration (FHWA) of the United States Department of Transportation to make the determination. Upon receipt of a determination by the FHWA that makes the finding described in subparagraph (A), the display may be used for commercial advertising.

(6)

(7) The display is not inconsistent with federal law and does not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code.
(b) Not more than two advertising displays whose maintenance is otherwise prohibited under this chapter shall be maintained at the Colonies Crossroads commercial business center.
(c) If any or all of the two advertising displays authorized pursuant to this section are changeable message signs, the City of Upland shall make the displays available on a space-available basis for use by the Department of Transportation or the Department of the California Highway Patrol for public service messages, including Emergency Alert System (Amber Alert) messages disseminated pursuant to Section 8594 of the Government Code, and messages containing, among other things, reports of commute times, drunk driving awareness messages, reports of accidents of a serious nature, and emergency disaster communications.

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.

SEC. 3.

 Due to unique circumstances concerning the location of the two advertising displays located in the City of Upland 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.