Senate Bill No. 684

Introduced by Senator Hill

February 22, 2013

An act to amend Section 5273 of the Business and Professions Code, relating to advertising displays, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 684, as introduced, Hill. Advertising displays: redevelopment agency project areas.

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. The act regulates the placement of off-premises advertising displays along highways that generally advertise business conducted or services rendered or goods produced or sold at a location other than the property upon which the display is located. Under the act, advertising displays advertising businesses and activities within the boundary limits of, and as a part of, an individual redevelopment agency project may, with the consent of the redevelopment agency governing the project, be considered to be on premises, as specified. A violation of these provisions is a misdemeanor.

The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies.

This bill would provide that an advertising display advertising businesses and activities within the boundary limits of, and as a part of, an individual redevelopment agency project, as the project boundaries existed on January 1, 2012, may continue to exist and be considered an on-premises display, for a period not to exceed 10 years, if the display is located within the original boundary limits of the project and if the display was constructed, is under construction, or is approved for construction by the designated successor agency on or before January 1, 2013. This bill would provide that the 10-year period for an existing display shall commence on January 1, 2013. By subjecting new conditions on a redevelopment project advertising display to remain lawfully erected, a violation of which would constitute a misdemeanor, this bill would impose a state-mandated local program.

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.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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.  

begin delete For the purpose end delete begin insert (a) end insert begin insert   end insert begin insert Notwithstanding any other provision
of this chapter or the dissolution of a state redevelopment agency,
and subject to the provisions of subdivision (b), for purposes end insert of
this chapter, begin insert an end insert advertising begin delete displays end delete begin insert display end insert advertising those
businesses and activities developed within the boundary limits of,
and as a part of, an individual redevelopment agency begin delete project may,
with the consent of the redevelopment agency governing the
project, end delete begin insert project, as those boundaries existed on January 1, 2012,
may continue to exist and end insert be considered begin delete to be on the premises
anywhere within the limits of that project when all of the land is
contiguous or is separated only by a public highway or public
facilities developed or relocated for inclusion within the project
as a part of the original redevelopment plan for end delete begin insert an on-premises
display if the advertising display is located within the original
boundary limits of the project and if the advertising display was
constructed, is under construction, or is approved for construction
by the designated successor agency of the project on or before
January 1, 2013. end insert

begin insert (b) end insert begin insert   end insert begin insert An advertising display described in subdivision (a) may
continue to exist for end insert a period not to exceed 10 years begin delete or the
completion of the project, whichever first occurs end delete , after which
Sections 5272 begin insert , 5274, end insert and 5405 apply, unless an begin delete arrangement end delete
begin insert extension end insert has been begin delete made for extension of the period between the
redevelopment agency and the department for good cause end delete begin insert approved
by the designated successor agency end insert . The 10-year period for begin insert an end insert
existing begin delete displays end delete begin insert display end insert shall commence on January 1, begin delete 1986 end delete begin insert 2013 end insert .

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.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

As of February 1, 2012, redevelopment agencies have been
dissolved and designated successor agencies have been vested with
all authority, rights, powers, duties, and obligations previously
vested in the former redevelopment agencies, including projects
addressing blight in communities. In order that advertising displays
can continue to exist within the redevelopment agency projects,
and help to fight blight in an affected community, it is necessary
that this act take effect immediately.