Bill Text: CA SB1048 | 2023-2024 | Regular Session | Amended
Bill Title: Planning and zoning: local planning: site plans.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-05-06 - Referred to Com. on L. GOV. [SB1048 Detail]
Download: California-2023-SB1048-Amended.html
|
Amended
IN
Senate
March 21, 2024 |
|
Amended
IN
Senate
March 12, 2024 |
| Introduced by Senator Jones |
February 07, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires a local planning agency to ensure that architectural drawings that contain protected information are made available to the public in a manner that does not facilitate their copying, as specified, and authorizes a planning agency to, among other things, maintain official copies of architectural drawings with protected information submitted to the agency, subject to specified restrictions. Existing law defines “protected information” to mean an architectural drawing that is protected by the federal Copyright Act of 1976 as amended by the federal Architectural Works Copyright Protection Act of 1990 and contains a copyright annotation indicating it is protected by that act.
This bill would revise the definition of “protected information” for
these purposes by removing the condition that the architectural drawing contains the copyright annotation, thereby expanding the scope of documents subject to the above-described provisions. By expanding the duties of local planning agencies, the bill would impose a state-mandated local program.
Existing constitutional
provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65103.5 of the Government Code is amended to read:65103.5.
(a) In compliance with Section 65102, a local planning agency shall ensure architectural drawings that contain protected information are made available to the public in a manner that does not facilitate their copying, as provided in this section.(C)Topographic lines.
(D)
(E)Drainage.
(F)
(G)Lighting.
(H)
(I)
(J)
(K)
(L)
(M)
(N)Distance between buildings.
(O)Ground sign location.
The Legislature finds and declares that Section 1 of this act, which amends Section 65103.5 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act balances the public’s right to
access information relied upon by public bodies while protecting the intellectual property interests of design professionals and owners of copyrights.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
