BILL NUMBER: SB 275AMENDED BILL TEXT AMENDED IN SENATE JANUARY 4, 2010 INTRODUCED BY Senator Walters FEBRUARY 24, 2009 An act to amend Sections 6704, 6706.3, 6730, 6737.3, 6738, 6740, 6741, and 6787 of, to add Sections 6702.3, 6702.4, 6702.5, 6702.6, 6702.7, 6702.8, 6702.9, 6702.10, 6702.11,6730.5,6730.6, 6730.7,6731.7, and 6731.8and 6731.7 to, and to repealSections 6704.1 and 6737.2Section 6704.1 of, the Business and Professions Code, relating to engineers. LEGISLATIVE COUNSEL'S DIGEST SB 275, as amended, Walters. Professional engineers. Existing law establishes the Board for Professional Engineers and Land Surveyors in the Department of Consumer Affairs. Existing law recognizes various engineering disciplines. Existing law prohibits the practicing of civil, electrical, and mechanical engineering by any person who has not passed a specified examination and who is not appropriately licensed by the board in that discipline. Existing law makes various violations of the Professional Engineers Act a crime, including the practice or offer to practice by a person of civil, electrical, or mechanical engineering without authorization as provided by the act. This bill would prohibit the practice of agricultural, chemical, control system, fire protection, industrial, metallurgical, nuclear, petroleum, and traffic engineering , as defined, by any person who has not passed a specified examination and who is not appropriately licensed by the board in the particular discipline. The bill would authorize any licensed engineer to practice engineering work in any of those fields in which he or she is competent and proficient. The bill would make other changes to related provisions. By revisingthisthe definition of a crime to include additional engineering disciplines,thethis 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. 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 6702.3 is added to the Business and Professions Code, to read: 6702.3. "Chemical engineer" as used in this chapter means a professional engineer in the branch of chemical engineering and refers to one who practices or offers to practice chemical engineering in any of its phases. SEC. 2. Section 6702.4 is added to the Business and Professions Code, to read: 6702.4. "Control system engineer" as used in this chapter means a professional engineer in the branch of control system engineering and refers to one who practices or offers to practice control system engineering in any of its phases. SEC. 3. Section 6702.5 is added to the Business and Professions Code, to read: 6702.5. "Fire protection engineer" means a professional engineer in the branch of fire protection engineering and refers to one who practices or offers to practice fire protection engineering in any of its phases. SEC. 4. Section 6702.6 is added to the Business and Professions Code, to read: 6702.6. "Nuclear engineer" means a professional engineer in the branch of nuclear engineering and refers to one who practices or offers to practice nuclear engineering in any of its phases. SEC. 5. Section 6702.7 is added to the Business and Professions Code, to read: 6702.7. "Petroleum engineer" means a professional engineer in the branch of petroleum engineering and refers to one who practices or offers to practice petroleum engineering in any of its phases. SEC. 6. Section 6702.8 is added to the Business and Professions Code, to read: 6702.8. "Traffic engineer" means a professional engineer in the branch of traffic engineering and refers to one who practices or offers to practice traffic engineering in any of its phases. SEC. 7. Section 6702.9 is added to the Business and Professions Code, to read: 6702.9. "Agricultural engineer" means a professional engineer in the branch of agricultural engineering and refers to one who practices or offers to practice agricultural engineering in any of its phases. SEC. 8. Section 6702.10 is added to the Business and Professions Code, to read: 6702.10. "Industrial engineer" means a professional engineer in the branch of industrial engineering and refers to one who practices or offers to practice industrial engineering in any of its phases. SEC. 9. Section 6702.11 is added to the Business and Professions Code, to read: 6702.11. "Metallurgical engineer" means a professional engineer in the branch of metallurgical engineering and refers to one who practices or offers to practice metallurgical engineering in any of its phases. SEC. 10. Section 6704 of the Business and Professions Code is amended to read: 6704. (a) In order to safeguard life, health, property, and public welfare, no person shall practice agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering unless appropriately licensed or specifically exempted from licensure under this chapter, and only persons licensed under this chapter shall be entitled to take and use the titles "consulting engineer," "professional engineer," "licensed engineer," or "registered engineer," or any combination of those titles or abbreviations thereof, and according to licensure with the board the engineering branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or the title "engineer-in-training." (b) The provisions of this section shall not prevent the use of the title "consulting engineer" by a person who has qualified for and maintained exemption for using that title under the provisions of Section 6732.1, or by a person licensed as a photogrammetric surveyor. SEC. 11. Section 6704.1 of the Business and Professions Code is repealed. SEC. 12. Section 6706.3 of the Business and Professions Code is amended to read: 6706.3. Any reference in any law or regulation to a registered engineer, or to a registered agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineer, is deemed to refer to a licensed engineer, or to a licensed agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineer, as the case may be. SEC. 13. Section 6730 of the Business and Professions Code is amended to read: 6730. In order to safeguard life, health, property and public welfare, any person, either in a public or private capacity, except as in this chapter specifically excepted, who practices, or offers to practice, agricultural engineering, chemical engineering, civil engineering, control system engineering, electrical engineering, fire protection engineering, industrial engineering, mechanical engineering, metallurgical engineering, nuclear engineering, petroleum engineering, or traffic engineering in any of its branches in this state, including any person employed by the State of California, or any city, county, or city and county, who practices engineering, shall submit evidence that he or she is qualified to practice, and shall be licensed accordingly as an agricultural engineer, chemical engineer, civil engineer, control system engineer, electrical engineer, fire protection engineer, industrial engineer, mechanical engineer, metallurgical engineer, nuclear engineer, petroleum engineer, or traffic engineer by the board.SEC. 14.Section 6730.5 is added to the Business and Professions Code, to read: 6730.5. (a) The professional practice of engineering in the branches and title authorities described in this chapter may overlap, and some activities are common to two or more branches and title authorities. (b) Nothing in this chapter shall prohibit overlap by an engineer licensed under the provisions of this chapter except in the area of structural engineering as defined in Section 6731.8. The scope of overlap is limited to his or her area of competency defined in Section 6730.6 and is further limited to practicing or offering to practice any engineering in connection with and incidental to his or her branch of licensure. (c) As that engineering work may be in connection with and incidental to the engineering work of the professional engineer on a specific project or activities related to a professional engineer's licensed branch of engineering, it shall not be necessary for the board to define in regulation permissible engineering work that may be in connection with and incidental to the engineering work of the professional engineer, or which specific tasks or activities a professional engineer may or may not perform. (d) No local agency, including a city, county, city and county, special district, or joint powers authority, may impose a requirement that limits or restricts a licensed engineer's ability to practice engineering in or before the local agency in any manner that conflicts with the provisions of this chapter.SEC. 15.SEC. 14. Section 6730.6 is added to the Business and Professions Code, to read: 6730.6. A professional engineer may practice engineering work only in the field or fields in which he or she is by education or experience competent and proficient.SEC. 16.SEC. 15. Section 6730.7 is added to the Business and Professions Code, to read: 6730.7. (a) Subject to Section 6730.6, any engineer who holds a valid license may practice without limitation or restriction in the following practice areas: agricultural engineering, chemical engineering, control system engineering, fire protection engineering, industrial engineering, metallurgical engineering, nuclear engineering, petroleum engineering, and traffic engineering. (b) No local agency, including a city, county, city and county, special district, or joint powers authority, may impose a requirement that limits or restricts a licensed engineer's ability to practice engineering in or before the local agency in any manner that conflicts with the provisions of this chapter.SEC. 17.SEC. 16. Section 6731.7 is added to the Business and Professions Code, to read: 6731.7. The following definitions may not be construed as regulating any generally recognized profession other than professional engineering , even when the duties and practices of the generally recognized profession overlap the duties and practices defined in this section : (a) "Agricultural engineering" is that branch of professional engineering that requires such education and experience as is necessary to understand and apply engineering principles to the design, construction, and use of specialized equipment, machines, structures, and materials relating to the agricultural industry, the economy, food safety, and the environment. It requires knowledge of the engineering sciences relating to, and the effect on food safety and the environment from, the following: physical and biological properties of, and processing of, foods and fibers; atmospheric phenomena as they are related to agricultural operations; drainage and farm water discharge; soil dynamics as related to traction, tillage, and plant-soil-water relationships; human factors relative to safe design and use of agricultural machines; and the safe and proper application and use of agricultural chemicals. A person practices agricultural engineering when he or she professes to be an agricultural engineer or is in responsible charge of agricultural engineering work. (b) "Chemical engineering" is that branch of professional engineering that embraces studies or activities relating to the development and application of processes in which chemical or physical changes of materials are involved. These processes are usually resolved into a coordinated series of unit physical operations and unit chemical processes. It is concerned with the research, design, production, operational, organizational, and economic aspects of the above. A person practices chemical engineering when he or she professes to be a chemical engineer or is in responsible charge of chemical engineering work. (c) "Control system engineering" is that branch of professional engineering that requires such education and experience as is necessary to understand the science of instrumentation and automatic control of dynamic processes, and requires the ability to apply this knowledge to the planning, development, operation, and evaluation of systems of control so as to ensure the safety and practical operability of those processes. A person practices control system engineering when he or she professes to be a control system engineer or is in responsible charge of control system engineering work. (d) "Fire protection engineering" is that branch of professional engineering that requires such education and experience as is necessary to understand the engineering principles relating to the safeguarding of life and property from fire, fire-related hazards and explosions. It requires the ability to apply this knowledge to the identification, evaluation, correction, or prevention of present or potential fire, fire-related explosion hazards, and any resultant panic therefrom, in buildings, groups of buildings, or communities. It includes the arrangement and use of appropriate safeguards, and executing the engineering design for fire-resistant building materials and fire detection and alarm, smoke control, egress and fire-suppression systems, fire-suppression water supply, and other devices and apparatus in order to protect life and property. A person practices fire protection engineering when he or she professes to be a fire protection engineer or is in responsible charge of fire protection engineering work. (e) "Industrial engineering" is that branch of professional engineering that requires such education and experience as is necessary to investigate, design, and evaluate systems of persons, materials, and facilities for the purpose of economical and efficient production, use, and distribution. It requires the application of specialized engineering knowledge of the mathematical and physical sciences, together with the principles and methods of engineering analysis and design to specify, predict, and evaluate the results to be obtained from those systems. A person practices industrial engineering when he or she professes to be an industrial engineer or is in responsible charge of industrial engineering work. (f) "Metallurgical engineering" is that branch of professional engineering that requires such education and experience as is necessary to seek, understand, and apply the principles of the properties and behavior of metals in solving engineering problems dealing with the research, development, and application of metals and alloys, and the manufacturing practices of extracting, refining, and processing of metals. A person practices metallurgical engineering when he or she professes to be a metallurgical engineer or is in responsible charge of metallurgical engineering work. (g) "Nuclear engineering" is that branch of professional engineering that requires such education and experience as is necessary to apply the principles of nuclear physics to the engineering utilization of nuclear phenomena for the benefit of mankind, and that is also concerned with the protection of the public from the potential hazards of radiation and radioactive materials. Nuclear engineering is primarily concerned with the interaction of radiation and nuclear particles with matter. Nuclear engineering requires the application of specialized knowledge of the mathematical and physical sciences, together with the principles and methods of engineering design and nuclear analysis to specify, predict, and evaluate the behavior of systems involving nuclear reactions, and to ensure the safe, efficient operation of these systems, and their nuclear products and byproducts. Nuclear engineering encompasses, but is not limited to, the planning and design of the specialized equipment and process systems of nuclear reactor facilities, and the protection of the public from any hazardous radiation produced in the entire nuclear reaction process. These activities include all aspects of the manufacture, transportation, and use of radioactive materials. A person practices nuclear engineering when he or she professes to be a nuclear engineer or is in responsible charge of nuclear engineering work. (h) "Petroleum engineering" is that branch of professional engineering that embraces studies or activities relating to the exploration, exploitation, location, and recovery of natural fluid hydrocarbons. It is concerned with research, design, production, and operation of devices and the economic aspects of the above. A person practices petroleum engineering when he or she professes to be a petroleum engineer or is in responsible charge of petroleum engineering work. (i) "Traffic engineering" is that branch of professional engineering that requires such education and experience as is necessary to understand the science of measuring traffic and travel and the human factors relating to traffic generation and flow, and requires the ability to apply this knowledge to planning, operation, design, and evaluation of streets and highways and their networks, abutting lands, and interrelationships with other modes of travel, and to provide safe and efficient movement of people and goods. A person practices traffic engineering when he or she professes to be a traffic engineer or is in responsible charge of traffic engineering work. (j) As it applies to the engineering branch disciplines in this section, all engineering plans, specifications, calculations, and reports (hereafter documents) prepared by, or under the responsible charge of, a licensed engineer in the appropriate engineering branch shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as "preliminary," "not for construction," "for plan check only," or "for review only." All engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee, the date of signing and sealing or stamping, and the expiration date of the license. All final engineering calculations and reports shall bear the signature and seal or stamp of the licensee, the date of signing and sealing or stamping, and the expiration date of the license. If engineering plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, date of signing and sealing or stamping, and expiration date of the license shall appear on each sheet of the plans. If engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, date of signing and sealing or stamping, and expiration date of the license shall appear at a minimum on the title sheet, cover sheet, or signature sheet. (k) Notwithstanding subdivision (j), a licensed engineer who signs engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed engineer who originally signed the documents, provided that the engineering service rendered by the licensed engineer who signed the documents was not also a proximate cause of the damage.SEC. 18.Section 6731.8 is added to the Business and Professions Code, to read: 6731.8. Structural engineering is that part of civil engineering that involves the application of specialized civil engineering knowledge and experience to the design and analysis of buildings or other structures that are constructed or rehabilitated to resist forces induced by vertical and horizontal loads of a static and dynamic nature. This specialized knowledge includes familiarity with scientific and mathematical principles, experimental research data, and practical construction methods and processes. The design and analysis shall include consideration of stability, deflection, stiffness, and other structural phenomena that affect the behavior of the building or other structure.SEC. 19.Section 6737.2 of the Business and Professions Code is repealed.SEC. 20.SEC. 17. Section 6737.3 of the Business and Professions Code is amended to read: 6737.3. (a) A contractor licensed under Chapter 9 (commencing with Section 7000) of Division 3 is exempt from the provisions of this chapter relating to the practice of control system, electrical, fire protection, or mechanical engineering so long as the services he or she holds himself or herself out as able to perform or does perform, which services are subject to the provisions of this chapter, are performed by, or under the responsible charge of a registered control system, electrical, fire protection, or mechanical engineer insofar as the control system, electrical, fire protection, or mechanical engineer practices the branch of engineering for which he or she is licensed. (b) This section shall not prohibit a licensed contractor, while engaged in the business of contracting for the installation of control system, electrical, fire protection, or mechanical systems or facilities, from designing those systems or facilities in accordance with applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which his or her license is issued, or from preparing control system, electrical, fire protection, or mechanical shop or field drawings for work which he or she has contracted to perform. Nothing in this section is intended to imply that a licensed contractor may design work that is to be installed by another person.SEC. 21.SEC. 18. Section 6738 of the Business and Professions Code is amended to read: 6738. As used in this section, "professional engineering services" means agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering services. (a) This chapter does not prohibit one or more agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineers from practicing or offering to practice within the scope of their license agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering as a sole proprietorship, partnership, firm, or corporation (hereafter called business), as long as all of the following requirements are met: (1) An agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineer currently licensed in this state is an owner, part owner, partner, or officer in charge of the engineering practice of the business. (2) All professional engineering services are performed by, or under the responsible charge of, a licensed engineer in the appropriate branch of professional engineering. (3) The business name of a California business shall only contain the name of any person who is licensed by the board in a branch of professional engineering, a licensed land surveyor, a licensed architect, or a geologist registered under the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800)). Any offer, promotion, or advertisement by the business that contains the name of any individual in the business, other than by use of the name of an individual in the business name, shall clearly and specifically designate the license or registration discipline of each individual named. (b) An out-of-state business with a branch office in this state shall meet the requirements of subdivision (a) and shall have a part owner or officer who is in charge of the engineering work in the branch in this state, who is licensed in this state, and who is physically present at the branch office in this state on a regular basis. However, the name of the business may contain the name of any person not licensed in this state if that person is appropriately registered or licensed in another state. Any offer, promotion, or advertisement which contains the name of any individual in the business, other than by use of the names of the individuals in the business name, shall clearly and specifically designate the license or registration discipline of each individual named. (c) A fictitious name may be used for an engineering business if (1) the name does not conflict with paragraph (3) of subdivision (a) requiring that names used in the business name shall be appropriately licensed or registered individuals and (2) an organization record form is filed with the board. (d) A person not licensed under this chapter may also be a part owner or an officer of an agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering business if the requirements of subdivision (a) are met. Nothing in this section shall be construed to permit a person who is not licensed under this chapter to be the sole owner of an agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering business, unless otherwise exempt under this chapter. (e) This chapter does not prevent an individual or business engaged in any line of endeavor other than the practice of agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering from employing or contracting with a licensed agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineer to perform the respective engineering services incidental to the conduct of business. (f) This section shall not prevent the use of the name of any business engaged in rendering professional engineering services, including the use by any lawful successor or survivor, that lawfully was in existence on December 31, 1987. However, the business is subject to paragraphs (1) and (2) of subdivision (a) and the business shall file an organization record form with the board as designated by board rule. (g) A business engaged in rendering professional engineering services may use in its name the name of a deceased or retired person provided all of the following conditions are satisfied: (1) The person's name had been used in the name of the business, or a predecessor in interest of the business, prior to and after the death or retirement of the person. (2) The person shall have been an owner, part owner, or officer of the business, or an owner, part owner, or officer of the predecessor in interest of the business. (3) The person shall have been licensed as a professional engineer, or a land surveyor, or an architect, or a geologist, (A) by the appropriate licensing board if that person is operating a place of business or practice in this state, or (B) by the applicable state board if no place of business existed in this state. (4) The person, if retired, has consented to the use of the name and does not permit the use of the name in the title of another professional engineering business in this state during the period of the consent. However, the retired person may use his or her name as the name of a new or purchased business if it is not identical in every respect to that person's name as used in the former business. (5) The business shall be subject to the provisions of paragraphs (1) and (2) of subdivision (a). (6) The business files a current organization record form with the board. (h) This section does not affect the provisions of Sections 6731.2 and 8726.1. (i) All businesses engaged in rendering professional engineering services shall file a current organization record form with the board.SEC. 22.SEC. 19. Section 6740 of the Business and Professions Code is amended to read: 6740. A subordinate to an agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineer licensed under this chapter, or a subordinate to an agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineer exempted from licensure under this chapter, insofar as he or she acts solely in that capacity, is exempt from licensure under the provisions of this chapter. This exemption, however, does not permit the subordinate to practice agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering in his or her own right or to use the titles listed in Sections 6732, 6736, and 6736.1.SEC. 23.SEC. 20. Section 6741 of the Business and Professions Code is amended to read: 6741. Any person, firm, partnership, or corporation is exempt from licensure under the provisions of this chapter who meets all the following: (a) Is a nonresident of the State of California. (b) Is legally qualified in another state to practice as an agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineer. (c) Does not maintain a regular place of business in this state. (d) Offers to but does not practice agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering in this state.SEC. 24.SEC. 21. Section 6787 of the Business and Professions Code is amended to read: 6787. Every person is guilty of a misdemeanor: (a) Who, unless he or she is exempt from licensure under this chapter, practices or offers to practice agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering in this state according to the provisions of this chapter without legal authorization. (b) Who presents or attempts to file as his or her own the certificate of licensure of a licensed professional engineer unless he or she is the person named on the certificate of licensure. (c) Who gives false evidence of any kind to the board, or to any member thereof, in obtaining a certificate of licensure. (d) Who impersonates or uses the seal of a licensed professional engineer. (e) Who uses an expired, suspended, surrendered, or revoked certificate issued by the board. (f) Who represents himself or herself as, or uses the title of, a licensed or registered agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineer, or any other title whereby that person could be considered as practicing or offering to practice agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering in any of its branches, unless he or she is correspondingly qualified by licensure as an agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineer under this chapter. (g) Who, unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which agricultural, chemical, civil, control system, electrical, fire protection, industrial, mechanical, metallurgical, nuclear, petroleum, or traffic engineering work is solicited, performed, or practiced, except as authorized pursuant to subdivision (d) of Section 6738 and Section 8726.1. (h) Who uses the title, or any combination of that title, of "professional engineer," "licensed engineer," "registered engineer," or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or "engineer-in-training," or who makes use of any abbreviation of that title that might lead to the belief that he or she is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter. (i) Who uses the title "consulting engineer" without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session. (j) Who violates any provision of this chapter.SEC. 25.SEC. 22. 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.