California Assembly Bill AB1108 Amended / Bill

 BILL NUMBER: AB 1108AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 22, 2009 INTRODUCED BY Assembly Member Fuentes FEBRUARY 27, 2009 An act to amend  Section 739.5   Sections 739.5, 2791, 2797, and 2798  of, to add the heading of Chapter 1 (commencing with Section 9500) to, and to add Chapter 2 (commencing with Section 9505) to, Division 4.8 of, and to repeal Section   Sections 2792, 2793, 2794, 2795, 2796, 2799, and  12821.5 of, the Public Utilities Code, relating to utility service. LEGISLATIVE COUNSEL'S DIGEST AB 1108, as amended, Fuentes. Electric and gas utility service: master-meter customers. (1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires that, when gas or electric service is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer charge each user at the same rate that would be applicable if the user were receiving gas or electricity directly from the gas or electrical corporation. Existing law additionally requires the electrical or gas corporation to establish uniform rates to master-meter customers at a level that will provide a sufficient differential to cover the reasonable average costs to master-meter customers of providing submeter service, except that these costs shall not exceed the average cost that the corporation would have incurred in providing comparable services directly to the users of the service (master-meter discount). Existing law provides that every master-meter customer is responsible for the maintenance and repair of its submeter facilities beyond the master-meter. This bill would authorize the commission, if it finds that a master-meter customer has failed to maintain or repair its submeter facilities beyond the master-meter, to order the master-meter customer to maintain or repair those facilities and would authorize the commission, in addition to the commission's authority to make or enforce orders pursuant to the Public Utilities Act, to order that moneys received as a result of the master-meter discount be held in trust to be expended for maintenance and repair of the submeter facilities. The bill would require a master-meter customer to separately bill for gas or electric service, or both, and rent. This bill would prohibit a master-meter customer from charging a user of electricity or gas any late charge for nonpayment or delayed payment of rent. The bill would require that any late charge imposed by a master-meter customer for nonpayment or delayed payment by a user for gas or electric service be in an amount that does not exceed that which the electrical or gas corporation would charge for nonpayment or delayed payment for electric or gas service.  (2) Existing law authorizes the owner of a master-metered mobilehome park or manufactured housing community that provides gas or electric service to residents to transfer ownership and operational responsibility for its gas or electric system to the gas or electrical corporation providing service in the area in which the park or community is located, pursuant to specified transfer and cost allocation procedures.   This bill would require the owner of a master-metered mobilehome park or manufactured housing community that provides gas or electric service to residents to transfer ownership and operational responsibility for its gas or electric system to the gas or electrical corporation providing service in the area in which the park or community is located. The bill would require the commission to permit the gas or electrical corporation to recover, in its revenue requirements and rates, all costs to acquire, improve, upgrade, operate, and maintain transferred mobilehome park or manufactured housing community gas or electric systems. The bill would require the commission to adopt a standard form agreement for transfer of gas and electric distribution facilities in mobilehome parks and manufactured housing communities that would be the basis for expedited approval of the transfers and would require that the contract be based on rules approved by the commission.   Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.   Because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program bu creating a new crime.   (2)   (3)  The existing Municipal Utility District Act authorizes the formation of a municipal utility district and authorizes a district to acquire, construct, own, operate, control, or use works for supplying the inhabitants of the district and public agencies with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the collection, treatment, or disposition of garbage, sewage, or refuse matter. Existing law requires that, when light, heat, or power is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer charge each user at the same rate that would be applicable if the user were receiving service directly from a municipal utility district. Existing law additionally requires that the master-meter customer provide an itemized billing of charges for light, heat, and power to each individual user generally in accordance with the form and content of bills of the district to its residential customers. Existing law provides that every master-meter customer receiving light, heat, or power from a municipal utility district is responsible for maintenance and repair of its submeter facilities beyond the master-meter. This bill would repeal this provision. The bill would provide that when gas or electric service is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer charge each user at the same rate that would be applicable if the user were receiving gas or electricity directly from a local publicly owned electric or gas utility. The bill would require a master-meter customer to provide an itemized billing of charges for electricity or gas to each user in accordance with the form and content of bills of the local publicly owned electric or gas utility to its residential customers. The bill would require a master-meter customer to separately bill for gas or electric service, or both, and rent. The bill would prohibit a master-meter customer from charging a user of electricity or gas any late charge for nonpayment or delayed payment of rent. The bill would require that any late charge imposed by a master-meter customer for nonpayment or delayed payment by a user for gas or electric service be in an amount that does not exceed that which the local publicly owned electric or gas utility would charge for nonpayment or delayed payment for electric or gas service. The bill would provide that every master-meter customer receiving electric or gas service from a local publicly owned electric or gas utility is responsible for maintenance and repair of its submeter facilities beyond the master-meter. The bill would authorize the  Public Unities Commission   commission  , if it finds that a master-meter customer has failed to maintain or repair its submeter facilities beyond the master-meter, to order the master-meter customer to maintain or repair those facilities and would authorize the commission, in addition to the commission's authority to make or enforce orders pursuant to the Public Utilities Act, to order that moneys received as a result of a master-meter discount provided by a local publicly owned electric or gas utility be held in trust to be expended for maintenance and repair of the submeter facilities. The bill would require a local publicly owned electric or gas utility to notify each master-meter customer of these obligations. By placing additional requirements upon local publicly owned electric and gas utilities, the bill would impose a state-mandated local program.  (3)   (4)  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   reasons . Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 739.5 of the Public Utilities Code is amended to read: 739.5. (a) (1) The commission shall require that, whenever gas or electric service, or both, is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer shall charge each user of the service at the same rate that would be applicable if the user were receiving gas or electricity, or both, directly from the gas or electrical corporation. (2) The commission shall require the electrical or gas corporation furnishing service to the master-meter customer to establish uniform rates for master-meter service at a level that will provide a sufficient differential to cover the reasonable average costs to master-meter customers of providing submeter service, except that these costs shall not exceed the average cost that the corporation would have incurred in providing comparable services directly to the users of the service. (b) Every master-meter customer of a gas or electrical corporation subject to subdivision (a) who, on or after January 1, 1978, receives any rebate from the corporation shall distribute to, or credit to the account of, each current user served by the master-meter customer that portion of the rebate which the amount of gas or electricity, or both, consumed by the user during the last billing period bears to the total amount furnished by the corporation to the master-meter customer during that period. (c) An electrical or gas corporation furnishing service to a master-meter customer shall furnish to each user of the service within a submetered system every public safety customer service which it provides beyond the meter to its other residential customers. The corporation shall furnish a list of those services to the master-meter customer who shall post the list in a conspicuous place accessible to all users. Every corporation shall provide these public safety customer services to each user of electrical or gas service under a submetered system without additional charge unless the corporation has included the average cost of these services in the rate differential provided to the master-meter customer on January 1, 1984, in which case the commission shall deduct the average cost of providing these public safety customer services when approving rate differentials for master-meter customers. (d) (1) Every master-meter customer is responsible for maintenance and repair of its submeter facilities beyond the master-meter, and nothing in this section requires an electrical or gas corporation to make repairs to or perform maintenance on the submeter system. (2) If the commission finds that a master-meter customer has failed to maintain or repair its submeter facilities beyond the master-meter, the commission may order the master-meter customer to maintain or repair those facilities. (3) In addition to any authority granted the commission to make or enforce orders pursuant to Chapter 11 (commencing with Section 2100), if the commission finds that a master-meter customer has failed to maintain or repair its submeter facilities beyond the master-meter, the commission may order that the rate differential established pursuant to subdivision (a) be held in trust to be expended for maintenance and repair of the submeter facilities. (e) (1) Every master-meter customer shall provide an itemized billing of charges for electricity or gas, or both, to each user generally in accordance with the form and content of bills of the corporation to its residential customers, including, but not limited to, the opening and closing readings for the meter, and the identification of all rates and quantities attributable to each block in the applicable rate structure. The master-meter customer shall also post, in a conspicuous place, the applicable prevailing residential gas or electrical rate schedule, as published by the corporation. (2) Notwithstanding any other provision of law, a master-meter customer shall separately bill each user for gas or electric service, or both, and rent. A master-meter customer shall not charge a user of electricity or gas any late charge for gas or electric service as a result of nonpayment or delayed payment of rent. For nonpayment of delayed payment of gas or electric service by a user, the master-meter customer may impose a late charge up to an amount that does not exceed that which the electrical or gas corporation would charge for nonpayment or delayed payment for electric or gas service. (f) The commission shall require that every electrical and gas corporation shall notify each master-meter customer of its responsibilities to its users under this section. (g) The commission shall accept and respond to complaints concerning the requirements of this section through the consumer affairs branch, in addition to any other staff that the commission deems necessary to assist the complainant. In responding to the complaint, the commission shall consider the role that the office of the county sealer in the complainant's county of residence may have in helping to resolve the complaint and, where appropriate, coordinate with that office. (h) Notwithstanding any other provision of law or decision of the commission, the commission shall not deny eligibility for the California Alternative Rates for Energy (CARE) program, created pursuant to Section 739.1, for a residential user of gas or electric service who is a submetered resident or tenant served by a master-meter customer on the basis that some residential units in the master-meter customer's mobilehome park, apartment building, or similar residential complex do not receive gas or electric service through a submetered system.  SEC. 2.   Section 2791 of the   Public Utilities Code   is amended to read:  2791.  (a)    The owner of a master-metered mobilehome park or manufactured housing community that provides gas or electric service to residents  may   shall  transfer ownership and operational responsibility  for the gas or electric system  to the gas or  electric   electrical  corporation providing service in the area in which the park or community is located pursuant to this chapter, or as the park or community owner and the serving gas or  electric   electrical  corporation mutually agree.  (b) Costs, including both costs related to transfer procedures and costs related to construction, related to the transfer of ownership process, whether or not resulting in a transfer of ownership to the serving gas or electric corporation, shall not be passed through to the park or community residents. Costs related to the transfer of ownership process, whether or not resulting in a transfer of ownership to the serving gas or electric corporation, shall not be passed through to the gas or electric corporation, except as otherwise provided in this chapter.   (c) Residents of mobilehome parks and manufactured housing communities constructed after January 1, 1997, shall be individually metered and served by gas and electric distribution facilities owned, operated, and maintained by the gas or electric corporation providing the service in the area where the new park or community is located consistent with the commission's orders regarding unbundling, aggregation, master-metering, and selection of suppliers by residential customers. Each gas and electric corporation shall cooperate with the owner of any park or community constructed after January 1, 1997, to ensure timely and expeditious installation of the gas and electric distribution system and to eliminate any delay in the design, construction, permitting, and operation of the gas and electric system in the park or community.   SEC. 3.   Section 2792 of the   Public Utilities Code   is repealed.   2792. (a) Upon receipt of a written notice of intent to transfer from the mobilehome park or manufactured housing community owner, the gas or electric corporation shall within 90 days do all of the following: (1) Meet with the park or community owner to describe the procedures involved in a transfer of ownership and operation responsibility. (2) Perform a preliminary review of the gas or electric system, or both, in the park or community. (3) Inspect documentation provided by the park or community owner of the construction, operation, and condition of the gas or electric system, or both. (4) Advise the park or community owner concerning the general condition of the plant and equipment, along with a preliminary opinion concerning the extent of construction work or other activity necessary to comply with Section 2794. (5) Offer a preliminary nonbinding estimate of the cost of transfer. (6) Offer the park or community owner a preliminary nonbinding cost estimate to perform an engineering evaluation and estimate the construction work and equipment replacement to be performed by the gas or electric corporation at the owner's expense. (b) The gas or electric corporation shall develop the cost estimate for the engineering evaluation in good faith using the same methodology as is used for similar projects. The preliminary cost estimate shall be effective for a minimum of 90 days. The gas or electric corporation shall give the owner timely notice of any increase in the estimated cost of the engineering evaluation. (c) During 1997, gas and electric corporations shall make a good faith effort to respond within 90 days to the notice provided in subdivision (a). (d) The gas or electric corporation may charge a fee for the initial inspection not to exceed one hundred fifty dollars ($150).   SEC. 4.   Section 2793 of the   Public Utilities Code   is repealed.   2793. (a) Upon receipt from the park or community owner of a deposit representing the gas or electric corporation's estimated cost of the engineering evaluation, the gas or electric corporation shall, within 90 days, do all of the following: (1) Develop an engineering plan for bringing the gas or electric system to the standard described in Section 2794, incorporating all relevant documentation including plans, drawings, engineering studies, and other existing documentation provided by the park or community owner, and considering incorporation of all portions of the gas or electric system found to be used, useful, and compatible. (2) Develop an appraisal of the value to the gas or electric corporation of the physical plant and equipment found to be used, useful, and compatible that comprise the gas or electric system, or both, to be transferred, including an estimate of the remaining useful life of the gas or electric system. The value to the gas or electric corporation shall take into consideration the expenditures by the park or community owner to comply with the criteria established in Section 2794. (3) Present a proposal, in sufficient detail to serve as a bid document for the transfer of ownership of the system to the gas or electric corporation. (b) The proposal may be based on either of the following approaches or as the park or community owner and the gas or electric corporation mutually agree: (1) The park or community owner is responsible for all construction and equipment replacement activity, if any, at the park or community owner's expense less any credits or allowances, if any, including credits or allowances based on incremental increases in the gas or electric corporation's revenues associated with the park or community owner's investment in the gas or electric system. The construction and equipment replacement and the credits and allowances shall be based on the principles established in the gas or electric corporation's line and service extension rules, if applicable. (2) The gas or electric corporation shall pay the park or community owner for the appraised value to the gas or electric corporation of any gas or electric distribution facilities found to be used, useful, and compatible. If any new facilities are necessary, the park or community owner shall be responsible for the costs of the excavation, installation of substructures, conduit and meter panels, and surface repairs. Except as provided in paragraph (4) of subdivision (c), the gas or electric corporation shall be responsible for the costs of any additional construction and equipment replacement, including cabling and transformers. (c) The proposal shall include the following: (1) A description of construction and equipment replacement activity, if any, to be accomplished at the park or community owner's expense. (2) Requirements for any additional provisions or rights for the construction or maintenance of public utility facilities on park or community premises, including easements and rights-of-way acceptable to the gas or electric corporation. (3) Any specific requirements or costs, or both, with respect to the presence of used and useful materials or equipment that are nonstandard, including, but not limited to, inventory requirements, specialized equipment requirements, or specialized personnel or training. (4) Any specific requirements or costs, or both, with respect to the presence of exceptional construction conditions or operation and maintenance conditions. (d) If the actual cost of the engineering evaluation is greater than the gas or electric corporation estimate, the park or community owner shall pay the gas or electric corporation the difference within 30 days of receipt of notice. If the actual cost of the engineering evaluation is less than the deposit, the gas or electric corporation shall pay the park or community owner the difference within 30 days. The content of the proposal shall become the property of the park or community owner. (e) Within 90 days of receipt of the proposal for transfer of ownership, a park or community owner may do any of the following: (1) Present objections to the gas or electric corporation in writing for resolution and may require mediation of the commission if the parties are unable to resolve the objection. (2) Decline to proceed, without prejudice to the right to present a new notice at any future date. (3) Accept the proposal and contract with the gas or electric corporation for completion of the construction work and equipment replacement, if any, or the acquisition of the gas or electric system, or both. (4) Accept the proposal and contract with an approved third party for completion of the construction work and equipment replacement, if any, in accordance with the applicable gas or electric corporation applicant installation rules. (f) Any new facilities provided by the gas or electric corporation to extend distribution or service facilities from the existing gas or electric corporation system within the park to previously undeveloped locations shall be provided in accordance with line extension rules and service extension rules contained in gas or electric corporation tariffs filed with the commission, including any and all free extensions, allowances, and advances subject to refund. (g) Upon completion of construction work and equipment replacement, if any, receipt of appropriate inspection approval from the gas or electric corporation and authorities having jurisdiction for the inspections, and completion of all financial transactions among the parties, the park or community owner shall transfer and the gas or electric corporation shall acquire ownership and operational responsibility for the gas or electric system. (h) Upon receipt of the proposal described in paragraph (3) of subdivision (a), the park or community owner shall notify the park residents concerning the pendency of a transfer process request and the provisions of the transfer process law.   SEC. 5.   Section 2794 of the   Public Utilities Code   is repealed.   2794. (a) A gas or electric system shall be considered acceptable for transfer if it is in compliance with the following criteria: (1) It is capable of providing the end users a safe and reliable source of gas or electric service. (2) It meets the commission's general orders, is compatible, and, in the case of new construction, meets the gas or electric corporation's design and construction standards insofar as they are related to safety and reliability. The parties may waive these requirements by mutual agreement and, where necessary, with commission approval. The deviations as are agreed upon may be reflected in the purchase price. (3) It is capable of serving the customary expected load in the park or community determined in accordance with a site-specific study, studies of comparable parks or communities, industry standards, and the gas or electric corporation's rules as approved by the commission. (b) As used in this section, "customary expected load" means the anticipated level of service demanded by the dwelling units in the park or community. The park or community owner shall not be responsible for betterments or improvements to the gas or electric corporation's distribution system facilities or operations that do not benefit the park or community. (c) Satisfaction of the criteria shall not require any particular system architecture or replacement of used and useful equipment, plant, or facilities, except as needed to comply with subdivision (a). Equipment, facilities, or plant that are part of the existing gas or electric system shall be considered compatible unless their presence in the system would cause substantial increase in the frequency or duration of outages in the case of failure or emergency, or they have no remaining useful life. Pursuant to subdivision (c) of Section 2793, equipment, facilities, or plant that require special training for the gas or electric corporation's employees, or require the gas or electric corporation to maintain inventories of nonstandard equipment may be considered compatible, but their presence may be reflected in the appraised value or the cost imposed on the park or community owner.   SEC. 6.   Section 2795 of the   Public Utilities Code   is repealed.   2795. The park or community owner and the gas or electric corporation shall develop a cost for the transfer of the gas or electric system that reflects the factors in Section 2793, indemnity and liability issues, and any other factors as the parties may mutually agree upon, and to which the gas or electric corporation's ratepayers are indifferent. The parties may agree on a schedule for phasing in facilities to meet expected load increases and betterments, and the costs associated with those activities.   SEC. 7.   Section 2796 of the   Public Utilities Code   is repealed.   2796. (a) During the pendency of a transfer request, the owner of the park or community shall be responsible for the continued maintenance to preserve the integrity of the park or community gas or electric system and safe and reliable operation of the park or community system in accordance with applicable laws. (b) During the pendency of a transfer request the owner of the park or community shall be liable for injury and damage resulting from operation of the submetered gas and electric system. After transfer the gas or electric corporation shall assume responsibility for operation of the gas or electric system and provision of service to residents of the park or community and shall assume liability for any future injury or damage resulting from operation of the gas or electric system except with respect to defects known to the park or community owner and not disclosed to the gas or electric corporation during the transfer of ownership process.   SEC. 8.   Section 2797 of the   Public Utilities Code   is amended to read:  2797. The commission shall permit the gas or  electric   electrical  corporation to recover in its revenue requirement and rates all costs to acquire, improve, upgrade, operate, and maintain transferred mobilehome park or manufactured housing community gas or electric systems.  SEC. 9.   Section 2798 of the   Public Utilities Code   is amended to read:  2798. The commission shall adopt a standard form of agreement for transfer of gas and electric distribution facilities in mobilehome parks and manufactured housing communities that shall be the basis for expedited approval of the transfers. The contract shall be based on  this chapter, the regulations of the commission, and on gas or electric corporation  rules  and regulations, as  approved by the commission.  SEC. 10.   Section 2799 of the   Public Utilities Code   is repealed.   2799. (a) The mobilehome park or manufactured housing community owner may, by written notice, stop the transfer process at any time. Within 60 days of delivery to the park or community owner of an itemized bill, the owner shall reimburse the gas or electric corporation for all costs incurred through the date notice is provided. (b) At any time during the transfer of ownership process, either party may apply to the commission for informal mediation and resolution of any issue, finding, determination, or delay in the conversion process. (c) If the initiation of the transfer process does not result in a transfer of the park or community owner's gas or electric system to the gas or electric corporation, all information, data, reports, studies, and proposals shall be retained by the gas or electric corporation for a period of five years or offered to the park or community owner. Prior to disposal of the records, the gas or electric corporation shall offer them to the park or community owner, except that the gas or electric corporation shall not be required to provide proprietary information to the park or community owner.   SEC. 2.   SEC. 11.  The heading of Chapter 1 (commencing with Section 9500) is added to Division 4.8 of the Public Utilities Code, to read: CHAPTER 1. WEATHERIZATION SERVICES  SEC. 3.   SEC. 12.  Chapter 2 (commencing with Section 9505) is added to Division 4.8 of the Public Utilities Code, to read: CHAPTER 2. MASTER-METER CUSTOMERS 9505. (a) (1) Whenever gas or electric service, or both, is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer shall charge each user of the service at the same rate that would be applicable if the user were receiving gas or electricity, or both, directly from a local publicly owned electric or gas utility. (2) Notwithstanding any other provision of law, a master-meter customer shall separately bill each user for gas or electricity service, or both, and rent. A master-meter customer shall not charge a user of electricity or gas any late charge for gas or electric service as a result of nonpayment or delayed payment of rent. For nonpayment or delayed payment of gas or electric service by a user, the master-meter customer may impose a late charge up to an amount that does not exceed that which the local publicly owned electric or gas utility would charge for nonpayment or delayed payment for electric or gas service. (b) Every master-meter customer of a gas or electrical corporation subject to subdivision (a) who receives any rebate from the local publicly owned electric or gas utility shall distribute to, or credit to the account of, each current user served by the master-meter customer that portion of the rebate which the amount of gas or electricity, or both, consumed by the user during the last billing period bears to the total amount furnished by the utility to the master-meter customer during that period. (c) (1) Every master-meter customer is responsible for maintenance and repair of its submeter facilities beyond the master-meter, and nothing in this section requires a local publicly owned electric or gas utility to make repairs to or perform maintenance on the submeter system. For purposes of this subdivision only, a master-meter customer of a local publicly owned electric or gas utility is subject to the jurisdiction of the commission. (2) If the commission finds that a master-meter customer has failed to maintain or repair its submeter facilities beyond the master-meter, the commission may order the master-meter customer to maintain or repair those facilities. (3) In addition to any authority granted the commission to make or enforce orders pursuant to Chapter 11 (commencing with Section 2100), if the commission finds that a master-meter customer has failed to maintain or repair its submeter facilities beyond the master-meter, the commission may order that any master-meter discount provided to the master-meter customer by a local publicly owned electric or gas utility be held in trust to be expended for maintenance and repair of the submeter facilities. (d) Every master-meter customer shall provide an itemized billing of charges for electricity or gas, or both, to each user generally in accordance with the form and content of bills of the local publicly owned electric or gas utility to its residential customers, including the opening and closing readings for the meter, and the identification of all rates and quantities attributable to each block in the applicable rate structure. The master-meter customer shall also post, in a conspicuous place, the applicable prevailing residential gas or electrical rate schedule, as published by the utility. (e) A local publicly owned electric or gas utility shall notify each master-meter customer of its responsibilities to its users under this section. (f) The commission shall accept and respond to complaints of users of a mater-meter customer concerning the requirements of subdivision (c) through the consumer affairs branch, in addition to any other staff that the commission deems necessary to assist the complainant. In responding to the complaint, the commission shall consider the role that the office of the county sealer in the complainant's county of residence may have in helping to resolve the complaint and, where appropriate, coordinate with that office.  SEC. 4.   SEC. 13.  Section 12821.5 of the Public Utilities Code is repealed.  SEC. 5.   SEC. 14.  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because  the only   certain  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.  With respect to certain other costs, no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.