Amended  IN  Senate  September 01, 2023
Amended  IN  Senate  July 05, 2023
Amended  IN  Assembly  May 18, 2023
Amended  IN  Assembly  May 01, 2023
Amended  IN  Assembly  March 14, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1175

Introduced by Assembly Member Quirk-Silva
(Principal coauthor: Senator Nguyen)
(Coauthor: Assembly Member Gipson)
(Coauthor: Senator Archuleta)

February 16, 2023

An act to amend Section 5273 of the Business and Professions Code, relating to outdoor advertising.


LEGISLATIVE COUNSEL'S DIGEST


AB 1175, as amended, Quirk-Silva. Outdoor advertising displays: redevelopment agency project areas.
Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of an advertising display, as defined, within view of public highways. The act regulates the placement of an off-premises advertising display along highways that generally advertises business conducted or services rendered or goods produced or sold at a location other than the property where the display is located.
The act does not apply to an on-premises advertising display, which generally advertises business conducted or services rendered or goods produced or sold at the location where the display is located. Until However, until January 1, 2023, the act treats an off-premises advertising display developed as part of and within the boundary limits of a redevelopment agency project, as those boundaries existed on December 29, 2011, as an on-premises advertising display if it meets certain criteria for good cause, which includes, among others, that there has been no violation of certain provisions by the owner or operator of the advertising display, as specified. criteria, subject to an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area, upon a showing of good cause, as specified, to the department by the applicable city, county, or city and county. Existing law requires the advertising copy of these advertising displays within redevelopment agency boundary limits to advertise only the businesses or activities operating within those boundary limits, imposes other related display requirements, and requires a city, county, or city and county to annually certify to the department that these advertising copy requirements are met. Existing law requires that a redevelopment area advertising display be removed by January 1, 2023, or by the end of any applicable extension, unless it qualifies as a lawful display under the act, without the payment of any compensation to the owner or operator.

This bill would alter that good cause criteria to instead require that the department has not made a final determination of a violation of the same provisions, whether by a final administrative decision or by operation of law, by the owner or operator of the advertising display.

From January 1, 2024, to January 1, 2025, the bill would allow the applicable city, county, or city and county to request from the department a 2-year extension for treating a display in a redevelopment agency project, as described above, as an on-premises display if the display meets the criteria for a finding of good cause, was in use on December 31, 2022, and complies with specified provisions of the act, including, but not limited to, the act’s licensing and zoning requirements. The bill would authorize the department to provide the extension upon a finding of good cause.

This bill would, instead, treat an off-premises advertising display within the boundary limits of a redevelopment agency project, as detailed above, that meets the applicable criteria as an on-premises advertising display until January 1, 2026, would eliminate the authorization for an extension for good cause, would eliminate the requirements regarding advertising copy, and would eliminate the explicit requirement that the display be removed without compensation to the owner or operator.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 5273 of the Business and Professions Code is amended to read:

5273.
 (a) Notwithstanding the dissolution of a state redevelopment agency, agency and subject to subdivision (b), for purposes of this chapter, an advertising display advertising the businesses and activities developed within the boundary limits of, and as a part of, an individual redevelopment agency project, as those boundaries existed on December 29, 2011, and which was in use as of December 31, 2022, may continue to exist and be considered an on-premises display, as defined in Section 5490, and subject to the provisions of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, if the advertising display meets all of the following conditions:
(1) The advertising display is located within the boundary limits of the former project.
(2) The advertising display was constructed on or before January 1, 2012.
(3) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to 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 or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the applicable city, county, or city and county, by certified mail, 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 the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the applicable city, county, or city and county.
(b) An advertising display described in subdivision (a) may remain until January 1, 2023, after which date the display shall be removed, unless it otherwise qualifies as a lawful advertising display pursuant to this chapter, without the payment of any compensation to the owner or operator. From January 1, 2024, to January 1, 2025, the applicable city, county, or city and county may for good cause request from the department a two-year extension that would treat the display as an on-premises display pursuant to subdivision (a). The department may provide the extension upon a finding of good cause. “Good cause” for these purposes means all of the following are satisfied: (1) there has been a finding by the applicable city, county, or city and county that the advertising display has had a positive economic impact on the redevelopment project area and provides a public benefit, (2) there has been no final determination, either by a final administrative decision or by operation of law, of any violation by the display owner or operator of this section or of any applicable illumination standards in the previous 10 years that has not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department, and (3) there has been compliance by the owner and operator with all other standards adopted by the applicable city, county, or city and county, or by the department. 2026.
(c) The applicable city, county, or city and county shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter.

(d)The applicable city, county, or city and county shall annually, by December 31, certify to the department that the advertising copy of the advertising display is advertising businesses or activities operating within the boundaries of the former redevelopment project area and that at least 10 percent of the advertising copy, up to a maximum of 100 square feet, is used to display the address or location or locations of the business or activity, or to identify the route to the business or activity from the nearest freeway off ramp. The department may independently review compliance with this certification. An advertising display subject to this section shall be removed if it is in violation of this subdivision more than three times within a 10-year period and the violation has not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department.

(e)

(d) The applicable city, county, or city and county authorizing an advertising display placed pursuant to this section shall have primary responsibility for ensuring that the display remains in conformance with all provisions of this section. If the city, county, or city and county fails to do so within 30 days of the date of mailing of a notice to the city, county, or city and county by the department, 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 this section or to defend actions challenging the authorization of displays pursuant to this section.