Bill Text: CA SB684 | 2013-2014 | Regular Session | Chaptered
Bill Title: Advertising displays: redevelopment agency project areas.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-10-04 - Chaptered by Secretary of State. Chapter 544, Statutes of 2013. [SB684 Detail]
Download: California-2013-SB684-Chaptered.html
BILL NUMBER: SB 684 CHAPTERED
BILL TEXT
CHAPTER 544
FILED WITH SECRETARY OF STATE OCTOBER 4, 2013
APPROVED BY GOVERNOR OCTOBER 4, 2013
PASSED THE SENATE SEPTEMBER 11, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY AUGUST 13, 2013
AMENDED IN SENATE MAY 15, 2013
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, 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 December 29, 2011, may remain and be considered
an on-premises display, until January 1, 2023, if the advertising
display meets specified criteria. This bill would authorize, on and
after January 1, 2022, the applicable city, county, or city and
county to request from the department an extension for good cause, as
specified, beyond January 1, 2023, not to exceed the expiration of
the redevelopment project area. The bill would require a specified
certification of a local agency authorizing one of these advertising
displays, and would require the local agency to ensure that the
display conforms to the bill's requirements. By imposing a new
requirement in that regard on local agencies, the bill would impose a
state-mandated local program. By imposing new conditions on a
redevelopment project advertising display to remain lawfully erected,
a violation of which would constitute a misdemeanor, this bill would
also 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as
an urgency statute.
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 the dissolution of a state
redevelopment agency, and subject to subdivision (b), for purposes of
this chapter, an advertising display advertising 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 December 29, 2011, may continue to exist and be considered
an on-premises display, as defined in Section 5490, if the
advertising display 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 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. If an advertising display authorized
under this section is subject to a notice from the United States
Department of Transportation, the Federal Highway Administration, or
any other applicable federal agency to the state that the operation
of that display will result in the reduction of federal aid highway
funds as provided in Section 131 of Title 23 of the United States
Code, the display owner or operator shall remove all advertising copy
from the display within 60 days after the date the state notifies
the owner or operator, and the applicable city, county, or city and
county, by certified mail, of the receipt of the federal notice.
Failure to remove the advertising copy pursuant to this paragraph
shall result in a civil fine, imposed by the California Department of
Transportation, of ten thousand dollars ($10,000) per day until the
advertising copy is removed. The department shall not assume any
liability in connection with the cessation of operation or removal of
an advertising display or advertising copy pursuant to this
paragraph. If the name of the owner or operator of the display is not
indicated on the display, the state is only required to send the
notice to the applicable city, county, or city and county.
(b) An advertising display described in subdivision (a) may remain
until January 1, 2023, after which date the display shall be
removed, unless it otherwise qualifies as a lawful advertising
display pursuant to this chapter, without the payment of any
compensation to the owner or operator. On and after January 1, 2022,
the applicable city, county, or city and county may for good cause
request from the department an extension beyond January 1, 2023, not
to exceed the expiration of the redevelopment project area. "Good
cause" for these purposes means all of the following are satisfied:
(1) there has been a finding by the applicable city, county, or city
and county that the advertising display has had a positive economic
impact on the redevelopment project area and provides a public
benefit, (2) there have been no violations by the display owner or
operator of this section or of any applicable illumination standards
in the previous 10 years that have not been corrected within 30 days
of the date of mailing of a violation notice to the owner or operator
by the department, and (3) there has been compliance by the owner
and operator with all other standards adopted by the applicable city,
county, or city and county, or by the department.
(c) The applicable city, county, or city and county shall be
responsible for ensuring that an advertising display is consistent
with this section and provides a public benefit. This provision shall
not be construed to preclude any enforcement authority of the
department under this chapter.
(d) The applicable city, county, or city and county shall
annually, by December 31, certify to the department that the
advertising copy of the advertising display is advertising businesses
or activities operating within the boundaries of the redevelopment
project area and that at least 10 percent of the advertising copy, up
to a maximum of 100 square feet, is used to display the address or
location or locations of the business or activity, or to identify the
route to the business or activity from the nearest freeway offramp.
The department may independently review compliance with this
certification. An advertising display subject to this section shall
be removed if it is in violation of this subdivision more than three
times within a 10-year period and the violation has not been
corrected within 30 days of the date of mailing of a violation notice
to the owner or operator by the department.
(e) The applicable city, county, or city and county authorizing an
advertising display placed pursuant to this section shall have
primary responsibility for ensuring that the display remains in
conformance with all provisions of this section. If the city, county,
or city and county fails to do so within 30 days of the date of
mailing of a notice to the city, county, or city and county by the
department, the city, county, or city and county shall hold the
department harmless and indemnify the department for all costs
incurred by the department to ensure compliance with this section or
to defend actions challenging the authorization of displays pursuant
to this section.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other 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.
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.
