SB 1259: Signage: tourist oriented directional signs.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-07-20
Existing law authorizes the Department of Transportation to administer a program for the placement of tourist oriented directional signs for businesses, attractions, or facilities near state highways in nonurbanized areas. Existing law specifies various requirements for placement of these signs, including a requirement that the maximum distance from a highway intersection to an attraction or facility may not exceed 10 miles, except as provided.
This bill would exempt signs to facilities or attractions located in the County of Tehama that are directly related to an American Viticultural Area located in that county from this requirement. The bill would also express the intent of the Legislature to authorize the County of Tehama to place wayfinding signage on state highways in support of an American Viticultural Area located in the county.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Tehama.
Existing law authorizes the Department of Transportation to administer a program for the placement of tourist oriented directional signs for businesses, attractions, or facilities near state highways in nonurbanized areas. Existing law specifies various requirements for placement of these signs, including a requirement that the maximum distance from a highway intersection to an attraction or facility may not exceed 10 miles, except as provided.
This bill would exempt signs to facilities or attractions located in the County of Tehama that are directly related to an American Viticultural Area located in that county from this requirement. The bill would also express the intent of the Legislature to authorize the County of Tehama to place wayfinding signage on state highways in support of an American Viticultural Area located in the county.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Tehama.
Existing law authorizes the Department of Transportation to administer a program for the placement of tourist-oriented destination tourist oriented directional signs for businesses, attractions, or facilities near state highways in nonurbanized areas. Existing law specifies various requirements for placement of these signs, including a requirement that the maximum distance from a highway intersection to an attraction or facility may not exceed 10 miles, except as provided.
This bill would exempt signs on state highways to facilities or attractions located in the County of Tehama that are directly related to an American Viticultural Area located in that county from this requirement. The bill would also express the intent of the Legislature to enact legislation that would authorize the County of Tehama to place wayfinding signage on state highways. highways in support of an American Viticultural Area located in the county.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Tehama.
Existing law authorizes the Department of Transportation to administer a program for the placement of tourist-oriented destination signs for businesses, attractions, or facilities near state highways in nonurbanized areas. Existing law specifies various requirements for placement of these signs, including a requirement that the maximum distance from a highway intersection to an attraction or facility may not exceed 10 miles, except as provided.
This bill would exempt signs on state highways in the County of Tehama from this requirement. The bill would also express the intent of the Legislature to enact legislation that would authorize the County of Tehama to place wayfinding signage on state highways.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Tehama.
It is the intent of the Legislature to authorize the County of Tehama to place wayfinding signage on state highways in support of an American Viticultural Area located in the county.
SEC. 2.Section 229.26 of the Streets and Highways Code is amended to read:229.26.(a)Except as provided in subdivisions (b) and (c), the distance from the nearest highway intersection to the nearest facility or attraction shall not exceed 10 miles.
(b)The maximum distance from the signed intersection to the nearest facility or attraction shall not exceed the following:
(1)One mile for a service station.
(2)Three miles for food or lodging facilities.
(c)The requirement specified in subdivision (a) does not apply to tourist oriented directional signs to facilities or attractions located in the County of Tehama that are directly related to an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations located in that county.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the County of Tehama regarding tourist-oriented directional signs.
It is the intent of the Legislature to authorize the County of Tehama to place wayfinding signage on state highways in support of an American Viticultural Area located in the county.
SEC. 2.Section 229.26 of the Streets and Highways Code is amended to read:229.26.(a)Except as provided in subdivisions (b) and (c), the distance from the nearest highway intersection to the nearest facility or attraction shall not exceed 10 miles.
(b)The maximum distance from the signed intersection to the nearest facility or attraction shall not exceed the following:
(1)One mile for a service station.
(2)Three miles for food or lodging facilities.
(c)The requirement specified in subdivision (a) does not apply to tourist oriented directional signs to facilities or attractions located in the County of Tehama that are directly related to an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations located in that county.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the County of Tehama regarding tourist-oriented directional signs.
It is the intent of the Legislature to enact legislation that would authorize the County of Tehama to place wayfinding signage on state highways. highways in support of an American Viticultural Area located in the county.
SEC. 2.Section 229.26 of the Streets and Highways Code is amended to read:229.26.(a)Except as provided in subdivisions (b) and (c), the distance from the nearest highway intersection to the nearest facility or attraction shall not exceed 10 miles.
(b)The maximum distance from the signed intersection to the nearest facility or attraction shall not exceed the following:
(1)One mile for a service station.
(2)Three miles for food or lodging facilities.
(c)The requirement specified in subdivision (a) does not apply to tourist oriented directional signs to facilities or attractions located in the County of Tehama. Tehama that are directly related to an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.1) of Title 27 of the Code of Federal Regulations located in that county.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the County of Tehama regarding tourist-oriented directional signs.
It is the intent of the Legislature to enact legislation that would authorize the County of Tehama to place wayfinding signage on state highways.
SEC. 2.Section 229.26 of the Streets and Highways Code is amended to read:229.26.(a)Except as provided in subdivision (b), subdivisions (b) and (c), the distance from the nearest highway intersection to the nearest facility or attraction shall not exceed 10 miles.
(b)Notwithstanding subdivision (a), the The maximum distance from the signed intersection to the nearest facility or attraction shall not exceed the following:
(1)One mile for a service station.
(2)Three miles for food or lodging facilities.
(c)The requirement specified in subdivision (a) does not apply in the County of Tehama.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the County of Tehama regarding tourist-oriented directional signs.
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Date
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Status
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|---|---|
| Jul 20, 2018 | Chaptered by Secretary of State. Chapter 156, Statutes of 2018. |
| Jul 20, 2018 | Approved by the Governor. |
| Jul 17, 2018 | Enrolled and presented to the Governor at 11:30 a.m. |
| Jul 5, 2018 | In Senate. Ordered to engrossing and enrolling. |
| Jul 5, 2018 | Read third time. Passed. Ordered to the Senate. |
| Jun 28, 2018 | Read second time. Ordered to consent calendar. |
| Jun 27, 2018 | From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (June 27). |
| Jun 11, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (June 11). Re-referred to Com. on APPR. |
| May 7, 2018 | Referred to Com. on TRANS. |
| Apr 30, 2018 | In Assembly. Read first time. Held at Desk. |
| Apr 30, 2018 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| Apr 24, 2018 | Read second time. Ordered to consent calendar. |
| Apr 23, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 13, 2018 | Set for hearing April 23. |
| Apr 11, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 10, 2018 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (April 10). |
| Apr 3, 2018 | Set for hearing April 10. |
| Mar 1, 2018 | Referred to Com. on T. & H. |
| Feb 16, 2018 | From printer. May be acted upon on or after March 18. |
| Feb 15, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Jul 5, 2018 | SB 1259 Nielsen Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jun 27, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 11, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
|
| Apr 30, 2018 | Consent Calendar SB1259 Nielsen | Senate Floor |
Passed |
|
| Apr 10, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| 4 individuals | ** Support | Apr 5, 2018 |
| 4 private citizens | ** Support | Jun 8, 2018 |
| Andrew Station Llc | ** Support | Jun 8, 2018 |
| Appleland | ** Support | Jun 8, 2018 |
| Dobson Vineyards | ** Support | Jun 8, 2018 |
| four individuals | ** Support | Apr 25, 2018 |
| Indian Peak Vineyards | ** Support | Jun 8, 2018 |
| Indian Peak Vineyards Llc | ** Support | Apr 25, 2018 |
| J&K Organics | ** Support | Jun 8, 2018 |
| Manton Apple Festival | ** Support | Jun 8, 2018 |
| Manton Museum | ** Support | Jun 8, 2018 |
| Manton Realty | ** Support | Jun 8, 2018 |
| Manton Valley Wine Growers Association | ** Support | Jun 8, 2018 |
| North Valley Services | ** Support | Jun 8, 2018 |
| Red Bluff-Tehama County Chamber Of Commerce | ** Support | Apr 25, 2018 |
| Shasta Daisy Vineyard | ** Support | Apr 25, 2018 |
| Shasta Daisy Vineyards | ** Support | Jun 8, 2018 |
| Tehama Country Visitor Center | ** Support | Jun 8, 2018 |
| Tehama County Board of Supervisors | ** Support | Jun 8, 2018 |
| Tehama County Department Of Agriculture | ** Support | Jun 8, 2018 |
| Tehama County Farm Bureau | ** Support | Apr 25, 2018 |
| Wine Institute | ** Support | Jun 8, 2018 |
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1259
Author:(Nielsen) – As Amended Ver:April 11, 2018
Policy Committee: | Transportation | Vote: | 14 - 0 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill exempts an American Viticultural Area in Tehama County from the 10-mile distance restriction related to tourist-oriented directional signs on state highways.
FISCAL EFFECT:
Minor costs to the Department of Transportation, which will be fully funded by fees charged to the entities requesting the installation of signs.
COMMENTS:
- Background. Tourist-oriented directional signs are highway signs in rural areas which help guide travelers to California’s tourist attractions not immediately visible from the highway. These signs refer to general types of businesses (such as wineries, gift shops, and restaurants) and do not refer to specific businesses by name. The signs are fabricated in conformance with Caltrans regulations by the entity wishing to display the sign and are installed by Caltrans. Under existing law, all costs for tourist-oriented directional signs are paid by the entity requesting the sign.
- Purpose. According to the author, the Manton American Viticultural Area is slightly further than the allowable 10-mile range for the placement of a tourist-oriented directional sign. This bill will provide an exemption to state law to allow the placement of tourist-oriented directional signs for this particular viticultural area and the associated wineries and businesses.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 11, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SBPCA Bill Id:SB 1259
Author:(Nielsen) – As Amended Ver:April 11, 2018
SENATE VOTE: 36-0
SUBJECT: Signage: tourist oriented directional signs
SUMMARY: Exempts an American Viticultural Area in Tehama County from the 10-mile distance restriction related to tourist oriented directional signs on state highways.
EXISTING LAW:
- Assigns the California Department of Transportation (Caltrans) the responsibility of operating and maintaining state highways, including the installation and maintenance of highway signs.
- Creates the tourist oriented directional sign program, enabling Caltrans to erect signage directing “out-of-town” travelers to the state’s tourist attractions.
- Restricts Caltrans from placing tourist oriented directional signs in a number of circumstances, including:
- On freeways, expressways, or congested highways;
- Within city limits or in areas with populations exceeding 50,000;
- If the business is adjacent to and visible from the highway; and,
- If the attraction is more than 10 miles from the intersection at which the sign is erected.
- Federal law authorizes the Alcohol and Tobacco Tax and Trade Bureau to define and approve American Viticultural Areas in the U.S.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Tourist oriented directional signs are highway signs in rural areas which help guide travelers to California’s tourist attractions not immediately visible from the highway. These signs are generic, referring to general types of businesses (e.g. wineries, gift shops, and restaurants) and do not refer to specific businesses by name. The signs are fabricated in conformance with Caltrans regulations by the entity wishing to display the sign and are installed by Caltrans. The cost of installation and maintenance in the first year is relatively inexpensive at $400, with an ongoing maintenance cost of $30 per year. All costs are paid by the applicant. Tourist oriented directional signs are distinct from billboards, which are privately erected and may be promotional.
The limitations on the tourist oriented directional signs are intended to limit the clutter and distraction of unnecessary signage on state highways. In addition to state law, the Manual on Uniform Traffic Control Devices issued by the Federal Highway Administration governs the placement and look of the tourist oriented directional signs.
According to the author, the Manton American Viticultural Area, an up-and-coming Tehama County tourist destination, has businesses just outside of the 10-mile statutory limit for the state's tourist oriented directional signs program. Despite a willingness by interested parties, including both local and state government, to find a path forward, statute ties their hands. By exempting American Viticultural Areas within Tehama County from the statutory limit, the county can discuss the need for tourist signage in good faith with Caltrans without the concerns about mile limits.
REGISTERED SUPPORT / OPPOSITION:
Support
Andrew Station LLC
Appleland
Dobson Vineyards
Indian Peak Vineyards
J&K Organics
Manton Apple Festival
Manton Museum
Manton Realty
Manton Valley Wine Growers Association
North Valley Services
Red Bluff-Tehama County Chamber of Commerce and Visitors Bureau
Shasta Daisy Vineyards
Tehama Country Visitor Center
Tehama County Board of Supervisors
Tehama County Department of Agriculture
Wine Institute
4 private citizens
Opposition
None on file
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 1259
:
SENATE TRANS. & HOUSING COMMITTEE: 13-0, 4/10/18
AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wieckowski, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Signage: tourist oriented directional signs
DIGEST:
This bill exempts the County of Tehama from the requirement that Tourist-Oriented Directional Signs (TODS) be used for attractions that are not farther than 10 miles from the nearest highway intersection when directing drivers to facilities directly associated with American Viticultural Areas (AVAs).
ANALYSIS: Existing law establishes a program for TODS to help guide tourists towards tourist attractions. TODS must be generic and non-promotional. TODS locations are restricted; they may only be placed in rural areas on non-congested highways and the attraction may not be more than 10 miles from the nearest highway intersection.
This bill exempts the County of Tehama from the requirement that TODS be used for attractions that are not farther than 10 miles from the nearest highway intersection when directing drivers to facilities directly associated with AVAs.
Comments
- Author’s statement. According to the author, “State law doesn’t allow rural communities to place tourist-oriented destination signs (TODS) along state highways if those destinations are more than 10 miles from the highway. By exempting Tehama County from that limit, the county can discuss the need for tourist signage in good faith with Caltrans [Department of Transportation] without the concerns about mile limits.”
- Generic. TODS are highway signs in rural areas which help guide travelers to California’s tourist attractions. These signs are generic, referring to general types of businesses (e.g. wineries); promotional advertising is not permitted. The signs are fabricated in conformance with Caltrans regulations by the entity wishing to display the sign and installed by Caltrans. The cost of installation and maintenance in the first year is relatively inexpensive at $400, with an ongoing maintenance cost of $30/year. All costs are paid by the applicant. TODS are distinct from billboards, which are privately erected and may be promotional. Examples of TODS are below:
The limitations on the TODS are intended to limit the clutter and distraction of unnecessary signage on state highways. In addition to state law, the Manual on Uniform Traffic Control Devices issued by the Federal Highway Administration governs the placement and look of the TODS.
- Narrow the exemption. Supporters provide a unique reason for an exemption by their focus on the vineyards and wineries of Manton, which were recently recognized as an AVA[1]. (This attraction already has a TODS on one state highway.)
- Federal vonflict? California’s statutory 10 mile distance limitation is double the federal guideline of five miles. This has apparently not caused any issues in the 20 years that the TODS program has been in place. Caltrans is checking whether an exemption from the 10 mile limitation would be a problem with the Federal Highway Administration.
- Still useful? The TODS program was established in 1994, before the near-ubiquity of cellphones and other GPS mapping devices. TODS may well increasingly become a quaint vestige of a less connected time. However, TODS should continue to be useful in areas such as eastern Tehama County where slow wireless data service may be unable to support mapping applications.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Andrew Station LLC
AppleLand
County of Tehama Board of Supervisors
Dobson Vineyards
Indian Peak Vineyards LLC
Manton Valley Wine Growers Association
Red Bluff-Tehama County Chamber of Commerce
Shasta Daisy Vineyard
Tehama Country Visitor Center
Tehama County Farm Bureau
Four individuals
OPPOSITION: (Verified 4/23/18)
None received
4/25/18 13:56:54
**** END ****
An AVA is a federally-designated defined grape growing region with distinguishing characteristics. The use of an AVA name on a label allows vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in a certain area to its geographical origin. AVAs allows vintners to describe more accurately the origin of their wines to consumers, and, in turn, helps consumers to geographically identify wines that they may purchase. ↑
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 4/10/2018
Author: | Nielsen | ||
Version: | 2/15/2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Randy Chinn | ||
SUBJECT:
DIGEST: This bill exempts the County of Tehama from the requirement that Tourist-Oriented Directional Signs (TODS) be used for attractions that are not farther than 10 miles from the nearest highway intersection.
ANALYSIS:
Existing law establishes a program for TODS to help guide tourists towards tourist attractions. TODS must be generic and non-promotional. TODS locations are restricted; they may only be placed in rural areas on non-congested highways and the attraction may not be more than 10 miles from the nearest highway intersection.
This bill exempts the County of Tehama from the requirement that Tourist-Oriented Directional Signs (TODS) be used for attractions that are not farther than 10 miles from the nearest highway intersection.
COMMENTS
- Author’s Statement. State law doesn’t allow rural communities to place tourist-oriented destination signs (TODS) along state highways if those destinations are more than 10 miles from the highway. By exempting Tehama County from that limit, the county can discuss the need for tourist signage in good faith with Caltrans without the concerns about mile limits.
- Generic. TODS are highway signs in rural areas which help guide travelers to California’s tourist attractions. These signs are generic, referring to general types of businesses (e.g. wineries); promotional advertising is not permitted. The signs are fabricated in conformance with Caltrans regulations by the entity wishing to display the sign and installed by Caltrans. The cost of installation and maintenance in the first year is relatively inexpensive at $400, with an ongoing maintenance cost of $30/year. All costs are paid by the applicant. TODS are distinct from billboards, which are privately erected and may be promotional. Examples of TODS are below:
The limitations on the TODS are intended to limit the clutter and distraction of unnecessary signage on state highways. In addition to state law, the Manual on Uniform Traffic Control Devices issued by the Federal Highway Administration governs the placement and look of the TODS.
- Narrowing the Exemption. It is difficult to justify a blanket exemption for Tehama County. But the bill supporters provide a unique reason for an exemption by their focus on the vineyards and wineries of Manton, which were recently recognized as an American Viticultural Area (AVA)[1]. (This attraction already has a TODS on one state highway.) Given California’s longstanding support for vineyards and wineries, the author and committee may wish to consider narrowing the bill to provide an exemption for AVAs in Tehama County.
- Federal Conflict? California’s statutory 10 mile distance limitation is double the federal guideline of 5 miles. This has apparently not caused any issues in the 20 years that the TODS program has been in place. Caltrans is checking whether an exemption from the 10 mile limitation would be a problem with the Federal Highway Administration.
- Still Useful? The TODS program was established in 1994, before the near-ubiquity of cellphones and other GPS mapping devices. TODS may well increasingly become a quaint vestige of a less connected time. However, TODS should continue to be useful in areas such as eastern Tehama County where slow wireless data service may be unable to support mapping applications.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 4, 2018.)
SUPPORT:
Andrew Station LLC
AppleLand
County of Tehama Board of Supervisors
Dobson Vineyards
Indian Peak Vineyards LLC
Manton Valley Wine Growers Association
Red Bluff-Tehama County Chamber of Commerce
Shasta Daisy Vineyard
Tehama County Farm Bureau
Tehama Country Visitor Center
4 individuals
OPPOSITION:
None received.
-- END --
An AVA is a federally-designated defined grape growing region with distinguishing characteristics. The use of an AVA name on a label allows vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in a certain area to its geographical origin. AVAs allows vintners to describe more accurately the origin of their wines to consumers, and, in turn, helps consumers to geographically identify wines that they may purchase. ↑
Bill Author
Bill Co-Author(s):