Amended in Senate April 1, 2013

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 amended, 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 begin delete January 1, 2012 end delete begin insert December 29, 2011 end insert , may continue to exist and be considered an on-premises display, for a period not to exceed 10 years begin delete , 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 end delete begin insert or the expiration of the redevelopment project area if the advertising display meets specified criteria end insert . This bill would begin insert authorize the designated agency to request from the department an extension, as specified, and would end insert provide that the 10-year period for an existing display shall commence on January 1, 2013. By begin delete subjecting end delete begin insert imposing end insert 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.  

(a) Notwithstanding begin delete any other provision of this chapter
or end delete the dissolution of a state redevelopment agency, and subject to
begin delete the provisions of end delete subdivision (b), for purposes of this chapter, an
advertising display advertising begin delete those end delete begin insert the end insert businesses and activities
developed within the boundary limits of, and as a part of, an
individual redevelopment agency project, as those boundaries
existed on begin delete January 1, 2012 end delete begin insert December 29, 2011 end insert , may continue to
exist and be considered an on-premises begin delete display end delete begin insert display, as defined
in Section 5490, end insert if the advertising display begin delete 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 delete begin insert meets all of the following conditions: end insert

begin insert

(1) The advertising display is located within the boundary limits
of the project.

end insert begin insert

(2) The advertising display was constructed, was under
construction, or had been approved for construction by the
designated agency of the project on or before January 1, 2012.

end insert begin insert

(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.

end insert

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

begin insert

(c) The designated agency shall be responsible for ensuring
that an advertising display is consistent with this section and
provides a public benefit.

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.