California Senate Bill SB684 Introduced / Bill

 BILL NUMBER: SB 684INTRODUCED BILL TEXT 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.  For the purpose   (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  displays     display  advertising those businesses and activities developed 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,   project, as those boundaries existed on January 1, 2012, may continue to exist and  be considered  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   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.   (b)     An advertising display described in subdivision (a) may continue to exist for  a period not to exceed 10 years or the completion of the project, whichever first occurs  , after which Sections 5272  , 5274,  and 5405 apply, unless an  arrangement   extension  has been  made for extension of the period between the redevelopment agency and the department for good cause   approved by the designated successor agency  . The 10-year period for  an  existing  displays   display shall commence on January 1,  1986   2013  . 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.