BILL NUMBER: SB 684 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
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 January 1, 2012
December 29, 2011 , 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 or the expiration of the
redevelopment project area if the advertising display meets specified
criteria . This bill would authorize the designated
agency to request from the department an extension, as specified, and
would provide that the 10-year period for an existing display
shall commence on January 1, 2013. By subjecting
imposing 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 any other provision of this
chapter or the dissolution of a state redevelopment agency,
and subject to the provisions of subdivision (b),
for purposes of this chapter, an advertising display advertising
those 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 January 1, 2012 December 29, 2011 ,
may continue to exist and be considered an on-premises
display display, as defined in Section 5490, 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. meets all of the following
conditions:
(1) The advertising display is located within the boundary limits
of the project.
(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.
(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.
(b) An advertising display described in subdivision (a) may
continue to exist for a period not to exceed 10 years or the
expiration of the redevelopment project area, whichever first occurs
, after which Sections 5272, 5274, and 5405 apply,
unless an extension has been approved by the designated successor
agency. apply. The designated agency may for good
cause request from the department an extension not to exceed the
expiration of the redevelopment project area. The 10-year
period for an existing display shall commence on January 1, 2013.
(c) The designated agency shall be responsible for ensuring that
an advertising display is consistent with this section and provides a
public benefit.
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.