CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1719Introduced by Assembly Member WardJanuary 27, 2022 An act to amend Sections 53571, 53572, 53573, and 53574 of the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 1719, as introduced, Ward. Housing: Teacher Housing Act of 2016: faculty and community college district employees.Existing law, the Teacher Housing Act of 2016, authorizes a school district to establish and implement programs that address the housing needs of teachers and school district employees who face challenges in securing affordable housing, as provided. Under existing law, a program established under the act is restricted to teacher or school district employees, except as specified. Existing law defines the term teacher or school district employees for these purposes to mean any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, including, but not limited to, certificated and classified staff.This bill would expand the authorized scope of a program established under the Teacher Housing Act of 2016 to include housing for faculty and community college district employees and would make various conforming changes in this regard. The bill would also specify that a school district or community college district may allow foster youth or former foster youth to occupy housing created through the program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 53571 of the Health and Safety Code is amended to read:53571. (a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and teachers, faculty, school district employees employees, and community college district employees to allow teachers or teachers, faculty, school district employees employees, or community college district employees to access and maintain housing stability.(b) A program established under this part shall be restricted to teacher or teacher, faculty, school district employees, employees, or community college district employees, except that a school district or community college district may allow local public employees or other members of the public public, including foster youth or former foster youth, to occupy housing created through this part, subject to applicable laws and regulations.(c) A school district or community college district shall retain the right to prioritize school district or community college district employees over local public employees or other members of the public to occupy housing.SEC. 2. Section 53572 of the Health and Safety Code is amended to read:53572. As used in this part:(a) Affordable rental housing means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units.(b) Local public employees includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(c) Teacher or Teacher, faculty, school districtemployee employee, or community college district employee means any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, or a community college district, including, but not limited to, certificated and classified staff.SEC. 3. Section 53573 of the Health and Safety Code is amended to read:53573. A school district or community college district may establish and implement programs that address the housing needs of teachers and teachers, faculty, school district employees employees, and community college district employees who face challenges in securing affordable housing. To the extent feasible, the school district or community college district may establish and implement programs that, among other things, do the following:(a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers.(b) Promote public and private partnerships.(c) Foster innovative financing opportunities.SEC. 4. Section 53574 of the Health and Safety Code is amended to read:53574. This part specifically creates a state policy supporting housing for teachers and teachers, faculty, school district employees, employees, and community college district employees as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits school districts districts, community college districts, and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and teachers, faculty, school district employees employees, and community college district employees on land owned by school districts, districts or community college districts, including permitting school districts districts, community college districts, and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts or community college districts to teachers and teachers, faculty, school district employees of the school district that owns the land, and community college district employees of the community college district that owns the land, so long as that housing does not violate any other applicable laws.SEC. 5. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1719Introduced by Assembly Member WardJanuary 27, 2022 An act to amend Sections 53571, 53572, 53573, and 53574 of the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 1719, as introduced, Ward. Housing: Teacher Housing Act of 2016: faculty and community college district employees.Existing law, the Teacher Housing Act of 2016, authorizes a school district to establish and implement programs that address the housing needs of teachers and school district employees who face challenges in securing affordable housing, as provided. Under existing law, a program established under the act is restricted to teacher or school district employees, except as specified. Existing law defines the term teacher or school district employees for these purposes to mean any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, including, but not limited to, certificated and classified staff.This bill would expand the authorized scope of a program established under the Teacher Housing Act of 2016 to include housing for faculty and community college district employees and would make various conforming changes in this regard. The bill would also specify that a school district or community college district may allow foster youth or former foster youth to occupy housing created through the program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1719 Introduced by Assembly Member WardJanuary 27, 2022 Introduced by Assembly Member Ward January 27, 2022 An act to amend Sections 53571, 53572, 53573, and 53574 of the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1719, as introduced, Ward. Housing: Teacher Housing Act of 2016: faculty and community college district employees. Existing law, the Teacher Housing Act of 2016, authorizes a school district to establish and implement programs that address the housing needs of teachers and school district employees who face challenges in securing affordable housing, as provided. Under existing law, a program established under the act is restricted to teacher or school district employees, except as specified. Existing law defines the term teacher or school district employees for these purposes to mean any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, including, but not limited to, certificated and classified staff.This bill would expand the authorized scope of a program established under the Teacher Housing Act of 2016 to include housing for faculty and community college district employees and would make various conforming changes in this regard. The bill would also specify that a school district or community college district may allow foster youth or former foster youth to occupy housing created through the program. Existing law, the Teacher Housing Act of 2016, authorizes a school district to establish and implement programs that address the housing needs of teachers and school district employees who face challenges in securing affordable housing, as provided. Under existing law, a program established under the act is restricted to teacher or school district employees, except as specified. Existing law defines the term teacher or school district employees for these purposes to mean any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, including, but not limited to, certificated and classified staff. This bill would expand the authorized scope of a program established under the Teacher Housing Act of 2016 to include housing for faculty and community college district employees and would make various conforming changes in this regard. The bill would also specify that a school district or community college district may allow foster youth or former foster youth to occupy housing created through the program. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 53571 of the Health and Safety Code is amended to read:53571. (a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and teachers, faculty, school district employees employees, and community college district employees to allow teachers or teachers, faculty, school district employees employees, or community college district employees to access and maintain housing stability.(b) A program established under this part shall be restricted to teacher or teacher, faculty, school district employees, employees, or community college district employees, except that a school district or community college district may allow local public employees or other members of the public public, including foster youth or former foster youth, to occupy housing created through this part, subject to applicable laws and regulations.(c) A school district or community college district shall retain the right to prioritize school district or community college district employees over local public employees or other members of the public to occupy housing.SEC. 2. Section 53572 of the Health and Safety Code is amended to read:53572. As used in this part:(a) Affordable rental housing means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units.(b) Local public employees includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(c) Teacher or Teacher, faculty, school districtemployee employee, or community college district employee means any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, or a community college district, including, but not limited to, certificated and classified staff.SEC. 3. Section 53573 of the Health and Safety Code is amended to read:53573. A school district or community college district may establish and implement programs that address the housing needs of teachers and teachers, faculty, school district employees employees, and community college district employees who face challenges in securing affordable housing. To the extent feasible, the school district or community college district may establish and implement programs that, among other things, do the following:(a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers.(b) Promote public and private partnerships.(c) Foster innovative financing opportunities.SEC. 4. Section 53574 of the Health and Safety Code is amended to read:53574. This part specifically creates a state policy supporting housing for teachers and teachers, faculty, school district employees, employees, and community college district employees as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits school districts districts, community college districts, and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and teachers, faculty, school district employees employees, and community college district employees on land owned by school districts, districts or community college districts, including permitting school districts districts, community college districts, and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts or community college districts to teachers and teachers, faculty, school district employees of the school district that owns the land, and community college district employees of the community college district that owns the land, so long as that housing does not violate any other applicable laws.SEC. 5. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 53571 of the Health and Safety Code is amended to read:53571. (a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and teachers, faculty, school district employees employees, and community college district employees to allow teachers or teachers, faculty, school district employees employees, or community college district employees to access and maintain housing stability.(b) A program established under this part shall be restricted to teacher or teacher, faculty, school district employees, employees, or community college district employees, except that a school district or community college district may allow local public employees or other members of the public public, including foster youth or former foster youth, to occupy housing created through this part, subject to applicable laws and regulations.(c) A school district or community college district shall retain the right to prioritize school district or community college district employees over local public employees or other members of the public to occupy housing. SECTION 1. Section 53571 of the Health and Safety Code is amended to read: ### SECTION 1. 53571. (a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and teachers, faculty, school district employees employees, and community college district employees to allow teachers or teachers, faculty, school district employees employees, or community college district employees to access and maintain housing stability.(b) A program established under this part shall be restricted to teacher or teacher, faculty, school district employees, employees, or community college district employees, except that a school district or community college district may allow local public employees or other members of the public public, including foster youth or former foster youth, to occupy housing created through this part, subject to applicable laws and regulations.(c) A school district or community college district shall retain the right to prioritize school district or community college district employees over local public employees or other members of the public to occupy housing. 53571. (a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and teachers, faculty, school district employees employees, and community college district employees to allow teachers or teachers, faculty, school district employees employees, or community college district employees to access and maintain housing stability.(b) A program established under this part shall be restricted to teacher or teacher, faculty, school district employees, employees, or community college district employees, except that a school district or community college district may allow local public employees or other members of the public public, including foster youth or former foster youth, to occupy housing created through this part, subject to applicable laws and regulations.(c) A school district or community college district shall retain the right to prioritize school district or community college district employees over local public employees or other members of the public to occupy housing. 53571. (a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and teachers, faculty, school district employees employees, and community college district employees to allow teachers or teachers, faculty, school district employees employees, or community college district employees to access and maintain housing stability.(b) A program established under this part shall be restricted to teacher or teacher, faculty, school district employees, employees, or community college district employees, except that a school district or community college district may allow local public employees or other members of the public public, including foster youth or former foster youth, to occupy housing created through this part, subject to applicable laws and regulations.(c) A school district or community college district shall retain the right to prioritize school district or community college district employees over local public employees or other members of the public to occupy housing. 53571. (a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and teachers, faculty, school district employees employees, and community college district employees to allow teachers or teachers, faculty, school district employees employees, or community college district employees to access and maintain housing stability. (b) A program established under this part shall be restricted to teacher or teacher, faculty, school district employees, employees, or community college district employees, except that a school district or community college district may allow local public employees or other members of the public public, including foster youth or former foster youth, to occupy housing created through this part, subject to applicable laws and regulations. (c) A school district or community college district shall retain the right to prioritize school district or community college district employees over local public employees or other members of the public to occupy housing. SEC. 2. Section 53572 of the Health and Safety Code is amended to read:53572. As used in this part:(a) Affordable rental housing means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units.(b) Local public employees includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(c) Teacher or Teacher, faculty, school districtemployee employee, or community college district employee means any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, or a community college district, including, but not limited to, certificated and classified staff. SEC. 2. Section 53572 of the Health and Safety Code is amended to read: ### SEC. 2. 53572. As used in this part:(a) Affordable rental housing means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units.(b) Local public employees includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(c) Teacher or Teacher, faculty, school districtemployee employee, or community college district employee means any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, or a community college district, including, but not limited to, certificated and classified staff. 53572. As used in this part:(a) Affordable rental housing means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units.(b) Local public employees includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(c) Teacher or Teacher, faculty, school districtemployee employee, or community college district employee means any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, or a community college district, including, but not limited to, certificated and classified staff. 53572. As used in this part:(a) Affordable rental housing means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units.(b) Local public employees includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof.(c) Teacher or Teacher, faculty, school districtemployee employee, or community college district employee means any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, or a community college district, including, but not limited to, certificated and classified staff. 53572. As used in this part: (a) Affordable rental housing means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units. (b) Local public employees includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof. (c) Teacher or Teacher, faculty, school districtemployee employee, or community college district employee means any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district maintaining grades 9 to 12, inclusive, or a community college district, including, but not limited to, certificated and classified staff. SEC. 3. Section 53573 of the Health and Safety Code is amended to read:53573. A school district or community college district may establish and implement programs that address the housing needs of teachers and teachers, faculty, school district employees employees, and community college district employees who face challenges in securing affordable housing. To the extent feasible, the school district or community college district may establish and implement programs that, among other things, do the following:(a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers.(b) Promote public and private partnerships.(c) Foster innovative financing opportunities. SEC. 3. Section 53573 of the Health and Safety Code is amended to read: ### SEC. 3. 53573. A school district or community college district may establish and implement programs that address the housing needs of teachers and teachers, faculty, school district employees employees, and community college district employees who face challenges in securing affordable housing. To the extent feasible, the school district or community college district may establish and implement programs that, among other things, do the following:(a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers.(b) Promote public and private partnerships.(c) Foster innovative financing opportunities. 53573. A school district or community college district may establish and implement programs that address the housing needs of teachers and teachers, faculty, school district employees employees, and community college district employees who face challenges in securing affordable housing. To the extent feasible, the school district or community college district may establish and implement programs that, among other things, do the following:(a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers.(b) Promote public and private partnerships.(c) Foster innovative financing opportunities. 53573. A school district or community college district may establish and implement programs that address the housing needs of teachers and teachers, faculty, school district employees employees, and community college district employees who face challenges in securing affordable housing. To the extent feasible, the school district or community college district may establish and implement programs that, among other things, do the following:(a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers.(b) Promote public and private partnerships.(c) Foster innovative financing opportunities. 53573. A school district or community college district may establish and implement programs that address the housing needs of teachers and teachers, faculty, school district employees employees, and community college district employees who face challenges in securing affordable housing. To the extent feasible, the school district or community college district may establish and implement programs that, among other things, do the following: (a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers. (b) Promote public and private partnerships. (c) Foster innovative financing opportunities. SEC. 4. Section 53574 of the Health and Safety Code is amended to read:53574. This part specifically creates a state policy supporting housing for teachers and teachers, faculty, school district employees, employees, and community college district employees as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits school districts districts, community college districts, and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and teachers, faculty, school district employees employees, and community college district employees on land owned by school districts, districts or community college districts, including permitting school districts districts, community college districts, and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts or community college districts to teachers and teachers, faculty, school district employees of the school district that owns the land, and community college district employees of the community college district that owns the land, so long as that housing does not violate any other applicable laws. SEC. 4. Section 53574 of the Health and Safety Code is amended to read: ### SEC. 4. 53574. This part specifically creates a state policy supporting housing for teachers and teachers, faculty, school district employees, employees, and community college district employees as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits school districts districts, community college districts, and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and teachers, faculty, school district employees employees, and community college district employees on land owned by school districts, districts or community college districts, including permitting school districts districts, community college districts, and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts or community college districts to teachers and teachers, faculty, school district employees of the school district that owns the land, and community college district employees of the community college district that owns the land, so long as that housing does not violate any other applicable laws. 53574. This part specifically creates a state policy supporting housing for teachers and teachers, faculty, school district employees, employees, and community college district employees as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits school districts districts, community college districts, and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and teachers, faculty, school district employees employees, and community college district employees on land owned by school districts, districts or community college districts, including permitting school districts districts, community college districts, and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts or community college districts to teachers and teachers, faculty, school district employees of the school district that owns the land, and community college district employees of the community college district that owns the land, so long as that housing does not violate any other applicable laws. 53574. This part specifically creates a state policy supporting housing for teachers and teachers, faculty, school district employees, employees, and community college district employees as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits school districts districts, community college districts, and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and teachers, faculty, school district employees employees, and community college district employees on land owned by school districts, districts or community college districts, including permitting school districts districts, community college districts, and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts or community college districts to teachers and teachers, faculty, school district employees of the school district that owns the land, and community college district employees of the community college district that owns the land, so long as that housing does not violate any other applicable laws. 53574. This part specifically creates a state policy supporting housing for teachers and teachers, faculty, school district employees, employees, and community college district employees as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits school districts districts, community college districts, and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and teachers, faculty, school district employees employees, and community college district employees on land owned by school districts, districts or community college districts, including permitting school districts districts, community college districts, and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts or community college districts to teachers and teachers, faculty, school district employees of the school district that owns the land, and community college district employees of the community college district that owns the land, so long as that housing does not violate any other applicable laws. SEC. 5. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 5. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 5. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. ### SEC. 5.