California 2023 2023-2024 Regular Session

California Assembly Bill AB2037 Amended / Bill

Filed 06/04/2024

                    Amended IN  Senate  June 04, 2024 Amended IN  Assembly  March 14, 2024 Amended IN  Assembly  March 06, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2037Introduced by Assembly Member Papan(Coauthor: Assembly Member Irwin)February 01, 2024An act to add Section 12209.7 to the Business and Professions Code, relating to weights and measures.LEGISLATIVE COUNSEL'S DIGESTAB 2037, as amended, Papan. Weights and measures: electric vehicle chargers.Existing law regulates advertising that indicates the price of motor vehicle fuel, including electricity sold as a motor vehicle fuel. Existing law requires a county sealer to enforce the advertising requirements. Existing law makes a violation of these provisions a crime.Existing law defines correct, for purposes of testing and verifying the accuracy of a weighing or measuring device, as a weight or measure or a weighing, measuring, or counting instrument that meets certain tolerance and specification requirements.This bill would authorize a county sealer to test and verify as correct any electric vehicle charger operated by a public agency, as defined, that is located in the county in which the sealer has jurisdiction. The bill would require a county sealer to condemn and seize, or cause to be marked with a tag or other device with the words out of order, an incorrect, as defined, electronic vehicle charger operated by a public agency, as specified. The bill would require a county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, as defined, to cause it to be marked with the words out of order and require the charger to be repaired or corrected, as specified. The bill would authorize a county board of supervisors to charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger operated by a public agency, as specified. The bill would authorize a county sealer to levy a civil penalty against a public agency, or an employee or agent thereof, a vendor or entity contracted by the public agency to provide and maintain electric vehicle charger services on behalf of the public agency, that removes or obliterates a tag or device placed on an electric vehicle charger operated by a public agency, as specified.By expanding the scope of a crime, and to the extent it would impose additional duties on a county sealer, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12209.7 is added to the Business and Professions Code, to read:12209.7. (a) For purposes of this section, the following definitions apply:(1) Correct has the same meaning as defined in Section 12500.(2) Electric vehicle charger operated by a public agency means an electric vehicle charger that is available for commercial use by the public and that is either owned by a public agency or for which the public agency has entered into an agreement to have the electric vehicle charger installed, maintained, or serviced, to have the revenues from the electric vehicle charger collected, or to otherwise have electric vehicle charging services performed on behalf of the public agency.(3) Incorrect has the same meaning as defined in Section 12500.(4) Public agency means any city, county, city and county, district, or other local authority or public body of, or within, this state.(b) A county sealer may test and verify as correct any electric vehicle charger operated by a public agency that is located in the county in which the sealer has jurisdiction.(c)A county sealer shall condemn and seize an incorrect electric vehicle charger operated by a public agency if, in the judgment of the sealer, it is not susceptible to repair. If, in the judgment of the sealer, the incorrect electric vehicle charger operated by a public agency is susceptible to repair, then the sealer shall cause it to be marked with a tag or other suitable device with the words out of order.(c) A county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, shall cause it to be marked with a tag or other suitable device with the words out of order and require the charger to be repaired or corrected within 30 days, subject to retesting and verification by the county sealer.(d) A county sealer may levy a civil penalty, pursuant to Section 12015.3, against a public agency, or an employee or agent a vendor or entity contracted by a public agency to provide and maintain electric vehicle charger services on behalf of a the public agency, that removes or obliterates any tag or device placed, or caused to be placed, by a sealer on an electric vehicle charger operated by a the public agency. For purposes of levying a civil penalty under this subdivision, a person described in Section 12015.3 includes a public agency. agency and any contracted vendor or entity.(e) Pursuant to Section 12240, a county board of supervisors may, by ordinance, charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger, as authorized by this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

 Amended IN  Senate  June 04, 2024 Amended IN  Assembly  March 14, 2024 Amended IN  Assembly  March 06, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2037Introduced by Assembly Member Papan(Coauthor: Assembly Member Irwin)February 01, 2024An act to add Section 12209.7 to the Business and Professions Code, relating to weights and measures.LEGISLATIVE COUNSEL'S DIGESTAB 2037, as amended, Papan. Weights and measures: electric vehicle chargers.Existing law regulates advertising that indicates the price of motor vehicle fuel, including electricity sold as a motor vehicle fuel. Existing law requires a county sealer to enforce the advertising requirements. Existing law makes a violation of these provisions a crime.Existing law defines correct, for purposes of testing and verifying the accuracy of a weighing or measuring device, as a weight or measure or a weighing, measuring, or counting instrument that meets certain tolerance and specification requirements.This bill would authorize a county sealer to test and verify as correct any electric vehicle charger operated by a public agency, as defined, that is located in the county in which the sealer has jurisdiction. The bill would require a county sealer to condemn and seize, or cause to be marked with a tag or other device with the words out of order, an incorrect, as defined, electronic vehicle charger operated by a public agency, as specified. The bill would require a county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, as defined, to cause it to be marked with the words out of order and require the charger to be repaired or corrected, as specified. The bill would authorize a county board of supervisors to charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger operated by a public agency, as specified. The bill would authorize a county sealer to levy a civil penalty against a public agency, or an employee or agent thereof, a vendor or entity contracted by the public agency to provide and maintain electric vehicle charger services on behalf of the public agency, that removes or obliterates a tag or device placed on an electric vehicle charger operated by a public agency, as specified.By expanding the scope of a crime, and to the extent it would impose additional duties on a county sealer, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Senate  June 04, 2024 Amended IN  Assembly  March 14, 2024 Amended IN  Assembly  March 06, 2024

Amended IN  Senate  June 04, 2024
Amended IN  Assembly  March 14, 2024
Amended IN  Assembly  March 06, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2037

Introduced by Assembly Member Papan(Coauthor: Assembly Member Irwin)February 01, 2024

Introduced by Assembly Member Papan(Coauthor: Assembly Member Irwin)
February 01, 2024

An act to add Section 12209.7 to the Business and Professions Code, relating to weights and measures.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2037, as amended, Papan. Weights and measures: electric vehicle chargers.

Existing law regulates advertising that indicates the price of motor vehicle fuel, including electricity sold as a motor vehicle fuel. Existing law requires a county sealer to enforce the advertising requirements. Existing law makes a violation of these provisions a crime.Existing law defines correct, for purposes of testing and verifying the accuracy of a weighing or measuring device, as a weight or measure or a weighing, measuring, or counting instrument that meets certain tolerance and specification requirements.This bill would authorize a county sealer to test and verify as correct any electric vehicle charger operated by a public agency, as defined, that is located in the county in which the sealer has jurisdiction. The bill would require a county sealer to condemn and seize, or cause to be marked with a tag or other device with the words out of order, an incorrect, as defined, electronic vehicle charger operated by a public agency, as specified. The bill would require a county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, as defined, to cause it to be marked with the words out of order and require the charger to be repaired or corrected, as specified. The bill would authorize a county board of supervisors to charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger operated by a public agency, as specified. The bill would authorize a county sealer to levy a civil penalty against a public agency, or an employee or agent thereof, a vendor or entity contracted by the public agency to provide and maintain electric vehicle charger services on behalf of the public agency, that removes or obliterates a tag or device placed on an electric vehicle charger operated by a public agency, as specified.By expanding the scope of a crime, and to the extent it would impose additional duties on a county sealer, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law regulates advertising that indicates the price of motor vehicle fuel, including electricity sold as a motor vehicle fuel. Existing law requires a county sealer to enforce the advertising requirements. Existing law makes a violation of these provisions a crime.

Existing law defines correct, for purposes of testing and verifying the accuracy of a weighing or measuring device, as a weight or measure or a weighing, measuring, or counting instrument that meets certain tolerance and specification requirements.

This bill would authorize a county sealer to test and verify as correct any electric vehicle charger operated by a public agency, as defined, that is located in the county in which the sealer has jurisdiction. The bill would require a county sealer to condemn and seize, or cause to be marked with a tag or other device with the words out of order, an incorrect, as defined, electronic vehicle charger operated by a public agency, as specified. The bill would require a county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, as defined, to cause it to be marked with the words out of order and require the charger to be repaired or corrected, as specified. The bill would authorize a county board of supervisors to charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger operated by a public agency, as specified. The bill would authorize a county sealer to levy a civil penalty against a public agency, or an employee or agent thereof, a vendor or entity contracted by the public agency to provide and maintain electric vehicle charger services on behalf of the public agency, that removes or obliterates a tag or device placed on an electric vehicle charger operated by a public agency, as specified.

By expanding the scope of a crime, and to the extent it would impose additional duties on a county sealer, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 12209.7 is added to the Business and Professions Code, to read:12209.7. (a) For purposes of this section, the following definitions apply:(1) Correct has the same meaning as defined in Section 12500.(2) Electric vehicle charger operated by a public agency means an electric vehicle charger that is available for commercial use by the public and that is either owned by a public agency or for which the public agency has entered into an agreement to have the electric vehicle charger installed, maintained, or serviced, to have the revenues from the electric vehicle charger collected, or to otherwise have electric vehicle charging services performed on behalf of the public agency.(3) Incorrect has the same meaning as defined in Section 12500.(4) Public agency means any city, county, city and county, district, or other local authority or public body of, or within, this state.(b) A county sealer may test and verify as correct any electric vehicle charger operated by a public agency that is located in the county in which the sealer has jurisdiction.(c)A county sealer shall condemn and seize an incorrect electric vehicle charger operated by a public agency if, in the judgment of the sealer, it is not susceptible to repair. If, in the judgment of the sealer, the incorrect electric vehicle charger operated by a public agency is susceptible to repair, then the sealer shall cause it to be marked with a tag or other suitable device with the words out of order.(c) A county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, shall cause it to be marked with a tag or other suitable device with the words out of order and require the charger to be repaired or corrected within 30 days, subject to retesting and verification by the county sealer.(d) A county sealer may levy a civil penalty, pursuant to Section 12015.3, against a public agency, or an employee or agent a vendor or entity contracted by a public agency to provide and maintain electric vehicle charger services on behalf of a the public agency, that removes or obliterates any tag or device placed, or caused to be placed, by a sealer on an electric vehicle charger operated by a the public agency. For purposes of levying a civil penalty under this subdivision, a person described in Section 12015.3 includes a public agency. agency and any contracted vendor or entity.(e) Pursuant to Section 12240, a county board of supervisors may, by ordinance, charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger, as authorized by this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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 12209.7 is added to the Business and Professions Code, to read:12209.7. (a) For purposes of this section, the following definitions apply:(1) Correct has the same meaning as defined in Section 12500.(2) Electric vehicle charger operated by a public agency means an electric vehicle charger that is available for commercial use by the public and that is either owned by a public agency or for which the public agency has entered into an agreement to have the electric vehicle charger installed, maintained, or serviced, to have the revenues from the electric vehicle charger collected, or to otherwise have electric vehicle charging services performed on behalf of the public agency.(3) Incorrect has the same meaning as defined in Section 12500.(4) Public agency means any city, county, city and county, district, or other local authority or public body of, or within, this state.(b) A county sealer may test and verify as correct any electric vehicle charger operated by a public agency that is located in the county in which the sealer has jurisdiction.(c)A county sealer shall condemn and seize an incorrect electric vehicle charger operated by a public agency if, in the judgment of the sealer, it is not susceptible to repair. If, in the judgment of the sealer, the incorrect electric vehicle charger operated by a public agency is susceptible to repair, then the sealer shall cause it to be marked with a tag or other suitable device with the words out of order.(c) A county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, shall cause it to be marked with a tag or other suitable device with the words out of order and require the charger to be repaired or corrected within 30 days, subject to retesting and verification by the county sealer.(d) A county sealer may levy a civil penalty, pursuant to Section 12015.3, against a public agency, or an employee or agent a vendor or entity contracted by a public agency to provide and maintain electric vehicle charger services on behalf of a the public agency, that removes or obliterates any tag or device placed, or caused to be placed, by a sealer on an electric vehicle charger operated by a the public agency. For purposes of levying a civil penalty under this subdivision, a person described in Section 12015.3 includes a public agency. agency and any contracted vendor or entity.(e) Pursuant to Section 12240, a county board of supervisors may, by ordinance, charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger, as authorized by this section.

SECTION 1. Section 12209.7 is added to the Business and Professions Code, to read:

### SECTION 1.

12209.7. (a) For purposes of this section, the following definitions apply:(1) Correct has the same meaning as defined in Section 12500.(2) Electric vehicle charger operated by a public agency means an electric vehicle charger that is available for commercial use by the public and that is either owned by a public agency or for which the public agency has entered into an agreement to have the electric vehicle charger installed, maintained, or serviced, to have the revenues from the electric vehicle charger collected, or to otherwise have electric vehicle charging services performed on behalf of the public agency.(3) Incorrect has the same meaning as defined in Section 12500.(4) Public agency means any city, county, city and county, district, or other local authority or public body of, or within, this state.(b) A county sealer may test and verify as correct any electric vehicle charger operated by a public agency that is located in the county in which the sealer has jurisdiction.(c)A county sealer shall condemn and seize an incorrect electric vehicle charger operated by a public agency if, in the judgment of the sealer, it is not susceptible to repair. If, in the judgment of the sealer, the incorrect electric vehicle charger operated by a public agency is susceptible to repair, then the sealer shall cause it to be marked with a tag or other suitable device with the words out of order.(c) A county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, shall cause it to be marked with a tag or other suitable device with the words out of order and require the charger to be repaired or corrected within 30 days, subject to retesting and verification by the county sealer.(d) A county sealer may levy a civil penalty, pursuant to Section 12015.3, against a public agency, or an employee or agent a vendor or entity contracted by a public agency to provide and maintain electric vehicle charger services on behalf of a the public agency, that removes or obliterates any tag or device placed, or caused to be placed, by a sealer on an electric vehicle charger operated by a the public agency. For purposes of levying a civil penalty under this subdivision, a person described in Section 12015.3 includes a public agency. agency and any contracted vendor or entity.(e) Pursuant to Section 12240, a county board of supervisors may, by ordinance, charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger, as authorized by this section.

12209.7. (a) For purposes of this section, the following definitions apply:(1) Correct has the same meaning as defined in Section 12500.(2) Electric vehicle charger operated by a public agency means an electric vehicle charger that is available for commercial use by the public and that is either owned by a public agency or for which the public agency has entered into an agreement to have the electric vehicle charger installed, maintained, or serviced, to have the revenues from the electric vehicle charger collected, or to otherwise have electric vehicle charging services performed on behalf of the public agency.(3) Incorrect has the same meaning as defined in Section 12500.(4) Public agency means any city, county, city and county, district, or other local authority or public body of, or within, this state.(b) A county sealer may test and verify as correct any electric vehicle charger operated by a public agency that is located in the county in which the sealer has jurisdiction.(c)A county sealer shall condemn and seize an incorrect electric vehicle charger operated by a public agency if, in the judgment of the sealer, it is not susceptible to repair. If, in the judgment of the sealer, the incorrect electric vehicle charger operated by a public agency is susceptible to repair, then the sealer shall cause it to be marked with a tag or other suitable device with the words out of order.(c) A county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, shall cause it to be marked with a tag or other suitable device with the words out of order and require the charger to be repaired or corrected within 30 days, subject to retesting and verification by the county sealer.(d) A county sealer may levy a civil penalty, pursuant to Section 12015.3, against a public agency, or an employee or agent a vendor or entity contracted by a public agency to provide and maintain electric vehicle charger services on behalf of a the public agency, that removes or obliterates any tag or device placed, or caused to be placed, by a sealer on an electric vehicle charger operated by a the public agency. For purposes of levying a civil penalty under this subdivision, a person described in Section 12015.3 includes a public agency. agency and any contracted vendor or entity.(e) Pursuant to Section 12240, a county board of supervisors may, by ordinance, charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger, as authorized by this section.

12209.7. (a) For purposes of this section, the following definitions apply:(1) Correct has the same meaning as defined in Section 12500.(2) Electric vehicle charger operated by a public agency means an electric vehicle charger that is available for commercial use by the public and that is either owned by a public agency or for which the public agency has entered into an agreement to have the electric vehicle charger installed, maintained, or serviced, to have the revenues from the electric vehicle charger collected, or to otherwise have electric vehicle charging services performed on behalf of the public agency.(3) Incorrect has the same meaning as defined in Section 12500.(4) Public agency means any city, county, city and county, district, or other local authority or public body of, or within, this state.(b) A county sealer may test and verify as correct any electric vehicle charger operated by a public agency that is located in the county in which the sealer has jurisdiction.(c)A county sealer shall condemn and seize an incorrect electric vehicle charger operated by a public agency if, in the judgment of the sealer, it is not susceptible to repair. If, in the judgment of the sealer, the incorrect electric vehicle charger operated by a public agency is susceptible to repair, then the sealer shall cause it to be marked with a tag or other suitable device with the words out of order.(c) A county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, shall cause it to be marked with a tag or other suitable device with the words out of order and require the charger to be repaired or corrected within 30 days, subject to retesting and verification by the county sealer.(d) A county sealer may levy a civil penalty, pursuant to Section 12015.3, against a public agency, or an employee or agent a vendor or entity contracted by a public agency to provide and maintain electric vehicle charger services on behalf of a the public agency, that removes or obliterates any tag or device placed, or caused to be placed, by a sealer on an electric vehicle charger operated by a the public agency. For purposes of levying a civil penalty under this subdivision, a person described in Section 12015.3 includes a public agency. agency and any contracted vendor or entity.(e) Pursuant to Section 12240, a county board of supervisors may, by ordinance, charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger, as authorized by this section.



12209.7. (a) For purposes of this section, the following definitions apply:

(1) Correct has the same meaning as defined in Section 12500.

(2) Electric vehicle charger operated by a public agency means an electric vehicle charger that is available for commercial use by the public and that is either owned by a public agency or for which the public agency has entered into an agreement to have the electric vehicle charger installed, maintained, or serviced, to have the revenues from the electric vehicle charger collected, or to otherwise have electric vehicle charging services performed on behalf of the public agency.

(3) Incorrect has the same meaning as defined in Section 12500.

(4) Public agency means any city, county, city and county, district, or other local authority or public body of, or within, this state.

(b) A county sealer may test and verify as correct any electric vehicle charger operated by a public agency that is located in the county in which the sealer has jurisdiction.

(c)A county sealer shall condemn and seize an incorrect electric vehicle charger operated by a public agency if, in the judgment of the sealer, it is not susceptible to repair. If, in the judgment of the sealer, the incorrect electric vehicle charger operated by a public agency is susceptible to repair, then the sealer shall cause it to be marked with a tag or other suitable device with the words out of order.



(c) A county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, shall cause it to be marked with a tag or other suitable device with the words out of order and require the charger to be repaired or corrected within 30 days, subject to retesting and verification by the county sealer.

(d) A county sealer may levy a civil penalty, pursuant to Section 12015.3, against a public agency, or an employee or agent a vendor or entity contracted by a public agency to provide and maintain electric vehicle charger services on behalf of a the public agency, that removes or obliterates any tag or device placed, or caused to be placed, by a sealer on an electric vehicle charger operated by a the public agency. For purposes of levying a civil penalty under this subdivision, a person described in Section 12015.3 includes a public agency. agency and any contracted vendor or entity.

(e) Pursuant to Section 12240, a county board of supervisors may, by ordinance, charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger, as authorized by this section.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

### SEC. 2.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.