California Senate Bill SB684 Amended / Bill

 BILL NUMBER: SB 684AMENDED 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.