BILL NUMBER: SB 1386 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 14, 2008
AMENDED IN ASSEMBLY JUNE 24, 2008
AMENDED IN SENATE MAY 27, 2008
AMENDED IN SENATE APRIL 23, 2008
AMENDED IN SENATE MARCH 26, 2008
INTRODUCED BY Senator Lowenthal
(Principal coauthor: Assembly Member Garcia)
(Coauthor: Senator Wiggins)
(Coauthors: Assembly Members Mullin, Saldana, Swanson, and Wolk)
FEBRUARY 21, 2008
An act to amend Sections 1102.6 and 1102.6d of the Civil
Code, and to amend Sections 13113.8 and 19211 of, and to add
Chapter 8 (commencing with Section 13260) to Part 2 of Division 12 of
, the Health and Safety Code, relating to carbon
monoxide residential building safety .
LEGISLATIVE COUNSEL'S DIGEST
SB 1386, as amended, Lowenthal. Carbon monoxide.
Residential building safety.
(1) Existing law requires the State Fire Marshal to adopt
regulations and standards regarding the quality and installation of
burglar bars and safety release mechanisms for emergency escape and
rescue windows, the approval and installation of smoke detectors, and
the approval of portable fire extinguishers for marketing,
distribution, and sale in this state. Existing law requires a smoke
detector approved and listed by the State Fire Marshal to be
installed in a dwelling unit intended for human occupancy. Existing
law also requires the transferor of real property containing a
single-family dwelling to provide transferees written notice of
compliance with specified requirements for the installation of smoke
detectors.
This bill would instead require the transferor to disclose to the
prospective purchaser the transferor's compliance with that
provision, as specified.
This bill would additionally require the State Fire Marshal to
approve carbon monoxide devices for the use in dwelling units
intended for human occupancy, as defined. The bill would require a
carbon monoxide device to be installed in a dwelling unit intended
for human occupancy, as specified. The bill would generally provide
that a violation of these provisions is an infraction punishable by a
maximum fine of $200 for each offense, but the bill would require
that a property owner receive a 30-day notice to correct
prior to being assessed a fine . By creating a new crime,
this bill would create a state-mandated local program.
This bill would require an owner or the owner's agent
of a dwelling unit intended for human occupancy who rents or leases
space to a tenant to maintain carbon monoxide devices in that
dwelling unit. The bill would also permit the owner or the owner'
s agent to enter that dwelling unit to install, repair, test,
and maintain carbon monoxide devices, as specified. The bill would
further require, on and after July 1, 2010,
effective 2 years after the adoption of the 2010 edition of the
California Building Standards Code, that the transferor of any
single-family home, factory-built home, condominium, duplex,
stock cooperative unit, or time-share unit to provide transferees
written notice of dwelling shall provide a written
disclosure to the prospective purchaser of the transferor's
compliance with specified requirements for the installation of carbon
monoxide devices, as specified. The bill would require the
Department of Housing and Community Development, after consultation
with the State Fire Marshal , to propose building
standards consistent with the bill's provisions, as specified. The
bill would authorize the State Fire Marshal and the Department of
Housing and Community Development to charge an appropriate fee to the
manufacturer of a carbon monoxide device to cover the costs
associated with the approval and listing of carbon monoxide devices
and the development of regulations . The bill would
authorize the California Building Standards Commission to delay
implementation of these provisions upon a specified finding regarding
a product shortage. The bill would also make related
legislative findings and declarations.
(2) Existing law requires all new and replacement water heaters,
and all existing residential water heaters, to be braced, anchored,
or strapped to resist falling or horizontal displacement due to
earthquake motion. Existing law also requires the seller of any real
property containing a water heater to certify in writing to the
prospective purchaser that that provision has been complied with.
This bill would instead require the transferor of any real
property containing a water heater to disclose that compliance in
writing to the prospective purchaser, as specified.
(2)
(3) 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 1102.6 of the Civil
Code is amended to read:
1102.6. The disclosures required by this article pertaining to
the property proposed to be transferred are set forth in, and shall
be made on a copy of, the following disclosure form:
* * * * * * * * * * * * * * * * *
NOTICE OF INCOMPLETE TEXT: The Real Estate Transfer Disclosure
Statement appears in the hard-copy publication of the chaptered
bill. See Sec. 13 of Chapter 62, Statutes of 2003.
* * * * * * * * * * * * * * * * *
SEC. 2. Section 1102.6d of the Civil
Code is amended to read:
1102.6d. Except for manufactured homes and mobilehomes located in
a common interest development governed by Title 6 (commencing with
Section 1351), the disclosures applicable to the resale of a
manufactured home or mobilehome pursuant to subdivision (b) of
Section 1102 are set forth in, and shall be made on a copy of, the
following disclosure form:
* * * * * * * * * * * * * * * * *
NOTICE OF INCOMPLETE TEXT: The Manufactured Home and Mobilehome
Transfer Disclosure Statement appears in the hard-copy publication
of the chaptered bill. See Sec. 6 of Chapter 517, Statutes of 1999.
* * * * * * * * * * * * * * * * *
SEC. 3. Section 13113.8 of the Health
and Safety Code is amended to read:
13113.8. (a) On and after January 1, 1986, every single-family
dwelling and factory-built housing, as defined in Section 19971,
which that is sold shall have an
operable smoke detector. The detector shall be approved and listed by
the State Fire Marshal and installed in accordance with the State
Fire Marshal's regulations. Unless prohibited by local rules,
regulations, or ordinances, a battery-operated smoke detector shall
be deemed to satisfy the requirements of this section.
(b) On and after January 1, 1986, the The
transferor of any real property containing a
single-family dwelling, as described in subdivision (a),
whether the transfer is made by sale, exchange, or real property
sales contract, as defined in Section 2985 of the Civil Code, shall
deliver to the transferee a written statement indicating that the
transferor is in compliance with this section. The disclosure
statement shall be either included in the receipt for deposit in a
real estate transaction, an addendum attached thereto, or a separate
document. subject to Section 1102 of the Civil Code,
shall disclose to the prospective purchaser the transferor's
compliance with this section. This disclosure shall be ma
de in writing, and may be included in existing transactional
documents, including, but not limited to, a real estate sales
contract or receipt for deposit, or a transfer disclosure
statement pursuant to Section 1102.6, 1102.6a, or 1102.6d of the
Civil Code.
(c) The transferor shall deliver the statement referred to in
subdivision (b) as soon as practicable before the transfer of title
in the case of a sale or exchange, or prior to execution of the
contract where the transfer is by a real property sales contract, as
defined in Section 2985. For purposes of this subdivision, "delivery"
means delivery in person or by mail to the transferee or transferor,
or to any person authorized to act for him or her in the
transaction, or to additional transferees who have requested delivery
from the transferor in writing. Delivery to the spouse of a
transferee or transferor shall be deemed delivery to a transferee or
transferor, unless the contract states otherwise.
(d) This section does not apply to any of the following:
(1) Transfers which are required to be preceded by the furnishing
to a prospective transferee of a copy of a public report pursuant to
Section 11018.1 of the Business and Professions Code.
(2) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in the administration of an
estate, transfers pursuant to a writ of execution, transfers by a
trustee in bankruptcy, transfers by eminent domain, or transfers
resulting from a decree for specific performance.
(3) Transfers to a mortgagee by a mortgagor in default, transfers
to a beneficiary of a deed of trust by a trustor in default,
transfers by any foreclosure sale after default, transfers by any
foreclosure sale after default in an obligation secured by a
mortgage, or transfers by a sale under a power of sale after a
default in an obligation secured by a deed of trust or secured by any
other instrument containing a power of sale.
(4) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust.
(5) Transfers from one coowner to one or more coowners.
(6) Transfers made to a spouse, or to a person or persons in the
lineal line of consanguinity of one or more of the transferors.
(7) Transfers between spouses resulting from a decree of
dissolution of a marriage, from a decree of legal separation, or from
a property settlement agreement incidental to either of those
decrees.
(8) Transfers by the Controller in the course of administering
the Unclaimed Property Law provided for in Chapter 7 (commencing with
Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(9) Transfers under the provisions of Chapter 7 (commencing with
Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6
of Division 1 of the Revenue and Taxation Code.
(e)
(c) No liability shall arise, nor any action be brought
or maintained against, any agent of any party to a transfer of
title, including any person or entity acting in the capacity of an
escrow, for any error, inaccuracy, or omission relating to the
disclosure required to be made by a transferor pursuant to this
section. However, this subdivision does not apply to a licensee, as
defined in Section 10011 of the Business and Professions Code, where
the licensee participates in the making of the disclosure required to
be made pursuant to this section with actual knowledge of the
falsity of the disclosure.
(f)
(d) Except as otherwise provided in this section, this
section shall not be deemed to create or imply a duty upon a
licensee, as defined in Section 10011 of the Business and Professions
Code, or upon any agent of any party to a transfer of title,
including any person or entity acting in the capacity of an escrow,
to monitor or ensure compliance with this section.
(g)
(e) No transfer of title shall be invalidated on the
basis of a failure to comply with this section, and the exclusive
remedy for the failure to comply with this section is an award of
actual damages not to exceed one hundred dollars ($100), exclusive of
any court costs and attorney's fees.
(h)
(f) Local ordinances requiring smoke detectors in
single-family dwellings may be enacted or amended. However, the
ordinances shall satisfy the minimum requirements of this section.
(i)
(g) For the purposes of this section, "single-family
dwelling" does not include a manufactured home as defined in Section
18007, a mobilehome as defined in Section 18008, or a commercial
coach as defined in Section 18001.8.
(j)
(h) This section shall not apply to the installation of
smoke detectors in dwellings intended for human occupancy, as
defined in and regulated by Section 13113.7 of the Health and Safety
Code, as added by Senate Bill No. 1448 in the 1983-84 Regular
Session.
SECTION 1. SEC. 4. Chapter 8
(commencing with Section 13260) is added to Part 2 of Division 12 of
the Health and Safety Code, to read:
CHAPTER 8. CARBON MONOXIDE POISONING PREVENTION ACT OF 2008
13260. This chapter shall be known and may be cited as the Carbon
Monoxide Poisoning Prevention Act of 2008.
13261. The Legislature finds and declares all of the following:
(a) According to the Centers for Disease Control and Prevention,
carbon monoxide is the leading cause of accidental poisoning deaths
in the United States. Each year carbon monoxide kills more than 2,000
people and injures another 15,000 people nationwide.
(b) According to the United States Environmental Protection
Agency, a person cannot see or smell carbon monoxide, but at
monoxide. At high levels carbon monoxide can
kill a person in minutes. Carbon monoxide is produced whenever any
fuel, such as gas, oil, kerosene, wood, or charcoal, is burned.
(c) The State Air Resources Board estimates that every year carbon
monoxide accounts for between 30 and 40 avoidable deaths, possibly
thousands of avoidable illnesses, and between 175 and 700 avoidable
emergency room and hospital visits.
(d) There are well-documented chronic health effects of acute
carbon monoxide poisoning or prolonged exposure to carbon monoxide,
including, but not limited to, lethargy, headaches, concentration
problems, amnesia, psychosis, Parkinson's disease, memory impairment,
and personality alterations.
(e) Experts estimate that equipping every home with a carbon
monoxide device would cut accident-related costs by 93 percent.
Sixteen states and a number of large cities have already
passed laws mandating the use of carbon monoxide devices.
(f) Carbon monoxide devices provide a vital, highly effective, and
low-cost protection against carbon monoxide poisoning that
and these devices should be made available to
every home in California.
13262. For purposes of this chapter, the following definitions
shall apply:
(a) "Carbon monoxide device" means a device that meets all of the
following requirements:
(1) A device designed to detect carbon monoxide and produce a
distinct, audible alarm.
(2) A device that is battery powered, a plug-in device with
battery backup, or a device installed as recommended by Standard 720
of the National Fire Protection Association that is either wired into
the alternating current power line of the dwelling unit with a
secondary battery backup or connected to a system via a panel.
(3) If the device is combined with a smoke detector, the combined
device shall comply with all of the following:
(A) The standards that apply to carbon monoxide alarms as
described in this chapter.
(B) The standards that apply to smoke detectors, as described in
Section 13113.7.
(C) The combined device emits an alarm or voice warning in a
manner that clearly differentiates between a carbon monoxide alarm
warning and a smoke detector warning.
(4) The device has been tested and certified, pursuant to the
requirements of the American National Standards Institute (ANSI) and
Underwriters' Laboratories Inc. (UL) as set forth in either ANSI/UL
2034 or ANSI/UL 2075, by a nationally recognized testing laboratory
listed in the directory of approved testing laboratories established
by the Building Materials Listing program of the Fire Engineering
Division of the Office of the State Fire Marshal of the Department of
Forest Forestry and Fire Protection.
(b) "Dwelling unit intended for human occupancy" includes a
single-family dwelling, factory-built home as defined in Section
19971, duplex, lodging house, dormitory, apartment complex,
hotel, motel, condominium, stock cooperative, time-share
project, or dwelling unit of a multiple-unit dwelling
complex in a multiple-unit dwelling unit
building or buildings. "Dwelling unit intended for human occupancy"
does not include a property owned or leased by the state or a local
governmental agency .
(c) "Fossil fuel" means coal, kerosene, oil, wood, fuel gases, and
other petroleum or hydrocarbon products, which emit carbon monoxide
as a byproduct of combustion.
13263. (a) A carbon monoxide device, approved and listed by the
State Fire Marshal pursuant to Section 13266, shall be installed, in
accordance with the manufacturer's instructions, in each dwelling
intended for human occupancy having a fossil fuel burning heater or
appliance, fireplace, or an attached garage, within the earliest
applicable time period as follows:
(1) For dwelling units intended for human occupancy, upon issuance
of a certificate of occupancy, or an owner's application, for a
permit for alterations, repairs, or additions, exceeding one thousand
dollars ($1,000), on or after July 1, 2011.
(2) For all other dwelling units intended for human occupancy
built on or after July 1, 2011.
(3) For all single-family dwelling units sold on or after July 1,
2010.
(4) For all multiple family dwelling unit buildings sold on or
after July 1, 2011.
(1) For all existing single-family dwelling units intended for
human occupancy on or before July 1, 2010.
(2) For all new single-family and multiple-family residential
construction one year after the adoption of the 2010 edition of the
California Building Standards Code (Part 2 (commencing with Section
101) of Title 24 of the California Code of Regulations).
(3) For all existing multiple-family dwelling unit buildings on
the first January 1 or July 1 that occurs more than two years after
the date of adoption of the 2010 edition of the California Building
Standards Code (Part 2 (commencing with Section 101) of Title 24 of
the California Code of Regulations).
(b) (1) Except as provided in paragraph (2), a violation of this
section is an infraction punishable by a maximum fine of two hundred
dollars ($200) for each offense.
(2) Notwithstanding paragraph (1), a property owner shall receive
a 30-day notice to correct prior to being assessed a fine.
correct. The owner may be assessed a fine for the
failure to correct within that time period.
(c) A local ordinance requiring carbon monoxide devices may be
enacted or amended if the ordinance is consistent with this chapter.
13264. (a) An owner or owner's agent of a dwelling
unit intended for human occupancy who rents or leases space to a
tenant shall maintain carbon monoxide devices in that dwelling unit
consistent with this chapter.
(b) An owner or the owner's agent may enter any dwelling unit,
efficiency dwelling unit, guest room, and suite owned by the owner
for the purpose of installing, repairing, testing, and maintaining
single station carbon monoxide devices required by this section.
Except in cases of emergency, the owner or owner's agent shall give
the tenants of each unit, room, or suite reasonable notice in writing
of the intention to enter and shall enter only during normal
business hours. Twenty-four hours shall be presumed to be reasonable
notice in the absence of evidence to the contrary.
(c) The carbon monoxide device shall be operable at the time that
the tenant takes possession. A tenant shall be responsible for
notifying the manager or owner owner or owner'
s agent if the tenant becomes aware of an inoperable or
deficient carbon monoxide device within his or her unit. The
owner or authorized owner's agent shall
correct any reported deficiencies or inoperabilities in
the carbon monoxide device and shall not be in violation of this
section for a deficient or inoperable carbon monoxide
device when he or she has not received notice of the deficiency
or inoperability .
(d) This section shall not affect any rights which the parties may
have under any other provision of law because of the presence or
absence of a carbon monoxide device.
(e) For purposes of this section, with respect to a time-share
project, "owner" means the homeowners' association of the time-share
project.
13265. (a) On and after July 1, 2010, the transferor of any
single-family home, factory-built home, condominium, duplex, stock
cooperative unit, or time-share unit, whether the transfer is made by
sale, exchange, or real property sales contract, as defined in
Section 2985 of the Civil Code, shall deliver to the transferee a
written statement indicating that the transferor is in compliance
with this chapter. The disclosure statement shall be either included
in the receipt for deposit in a real estate transaction, an addendum
attached thereto, or a separate document.
(b) The transferor shall deliver the statement referred to in
subdivision (a) as soon as practicable before the transfer of title,
in the case of a sale or exchange, or prior to execution of the
contract where the transfer is by a real property sales contract, as
defined in Section 2985 of the Civil Code. For purposes of this
subdivision, "delivery" means delivery in person or by mail to the
transferee or transferor, or to a person authorized to act for him or
her in the transaction, or to additional transferees who have
requested delivery from the transferor in writing. Delivery to the
spouse of a transferee or transferor shall be deemed delivery to a
transferee or transferor, unless the contract states otherwise.
(c) This section does not apply to any of the following:
(1) Transfers that are required to be preceded by the furnishing
to a prospective transferee of a copy of a public report pursuant to
Section 11018.1 of the Business and Professions Code.
(2) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in the administration of an
estate, transfers pursuant to a writ of execution, transfers by a
trustee in bankruptcy, transfers by eminent domain, or transfers
resulting from a decree for specific performance.
(3) Transfers to a mortgagee by a mortgagor in default, transfers
to a beneficiary of a deed of trust by a trustor in default,
transfers by a foreclosure sale after default, transfers by a
foreclosure sale after default in an obligation secured by a
mortgage, or transfers by a sale under a power of sale after a
default in an obligation secured by a deed of trust or secured by any
other instrument containing a power of sale.
(4) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust.
(5) Transfers from one coowner to one or more coowners.
(6) Transfers made to a spouse, or to a person or persons in the
lineal line of consanguinity of one or more of the transferors.
(7) Transfers between spouses resulting from a decree of
dissolution of a marriage, from a decree of legal separation, or from
a property settlement agreement incidental to either of those
decrees.
(8) Transfers by the Controller in the course of administering the
Unclaimed Property Law provided for in Chapter 7 (commencing with
Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(9) Transfers under the provisions of Chapter 7 (commencing with
Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6
of Division 1 of the Revenue and Taxation Code.
13265. (a) Effective two years after the adoption
of the 2010 edition of the California Building Standards Code (Part
2 (commencing with Section 101) of Title 24 of the California Code of
Regulations), as adopted pursuant to Section 13266, or earlier at
the option of the transferor, the transferor of any real property
containing a single-family dwelling, the transfer of which is subject
to Section 1102 of the Civil Code, shall disclose to the prospective
purchaser the transferor's compliance with Section 13266. This
disclosure shall be made in writing, and may be included in existing
transactional documents, including, but not limited to, a real estate
sales contract or receipt for deposit, or a transfer disclosure
statement pursuant to Section 1102.6, 1102.6a, or 1102.6d of the
Civil Code.
(d)
(b) Liability shall not arise, and an action
shall not be brought or maintained against, an agent of a party to a
transfer of title, including a person or entity acting in the
capacity of an escrow, for any error, inaccuracy, or omission
relating to the disclosure required to be made by
a transferor pursuant to this section. However, this subdivision does
not apply to a licensee, as defined in Section 10011 of the Business
and Professions Code, where the licensee participates in the making
of the disclosure required to be made pursuant to this section with
actual knowledge of the falsity of the disclosure.
(e)
(c) Except as otherwise provided in this
section, this section shall not be deemed to create or imply a duty
upon a licensee, as defined in Section 10011 of the Business and
Professions Code, or upon any agent of any party to a transfer of
title, including any person or entity acting in the capacity of an
escrow, to monitor or ensure compliance with this section.
(f)
(d) A transfer of title shall not be
invalidated on the basis of a failure to comply with this section,
and the exclusive remedy for the failure to comply with this section
is an award of actual damages not to exceed one hundred dollars
($100), exclusive of court costs and attorney's fees.
13266. (a) (1) The Department of Housing and Community
Development shall, after consultation with the State Fire Marshal,
propose building standards consistent with the intent of this chapter
for consideration by the California Building Standards Commission
during the 2010 California Building Standards Code adoption cycle.
(2) The State Fire Marshal shall develop a process to approve and
list carbon monoxide devices.
(3) The State Fire Marshal and the Department of Housing and
Community Development shall be authorized to charge an appropriate
fee to the manufacturer of a carbon monoxide device to cover the
costs associated with the approval and listing of carbon monoxide
devices and the development of regulations .
(b) Notwithstanding subdivision (a), a person shall not market,
distribute, offer for sale, or sell any carbon monoxide device in
this state unless the device has been approved and listed by the
State Fire Marshal.
(c) (1) On or after July 1, 2011, the owner of a dwelling unit
intended for human occupancy shall install a carbon monoxide device
that meets the quality and installation requirements imposed by this
section.
(2) If the State Fire Marshal adopts regulations or standards
after July 1, 2010, that modify the requirements imposed by this
section, the owner shall not be required to install a new device
meeting the requirements of those regulations or standards within
(c) (1) The
California Building Standards Commission shall be authorized to delay
the implementation of this chapter upon adopting a finding by the
Director of the Department of Housing and Community Development of a
verifiable product shortage that would negatively impact
the implementation of this chapter.
(2) If the State Fire Marshal or the
California Building Standards Commission adopts regulations or
standards after July 1, 2010, that modify the later updates or revise
the regulations of building standards in a manner that modifies the
original requirements imposed by this section, the owner or owner's
agent shall not be required to install a new device meeting the
requirements of those regulations or building standards within
an individual dwelling unit until the owner makes application for a
permit for alterations, repairs, or additions to that dwelling unit,
the cost of which will exceed one thousand dollars ($1,000).
SEC. 5. Section 19211 of the Health and
Safety Code is amended to read:
19211. (a) Notwithstanding Section 19100, all new and replacement
water heaters, and all existing residential water heaters, shall be
braced, anchored, or strapped to resist falling or horizontal
displacement due to earthquake motion. At a minimum, any water heater
shall be secured in accordance with the California Plumbing Code, or
modifications made thereto by a city, county, or city and county
pursuant to Section 17958.5.
(b) The seller transferor of any
real property containing a water heater shall certify
disclose to the prospective purchaser that this
section has been complied with. This certification
disclosure shall be made in writing, and may be included
in existing transactional documents, including, but not limited to,
the Homeowner's Guide to Earthquake Safety published pursuant to
Section 10149 of the Business and Professions Code, a real estate
sales contract or receipt for deposit, or a transfer disclosure
statement pursuant to Section 1102.6 or ,
1102.6a , or 1102.6d of the Civil Code.
(c) An owner of a residential rental property shall not evict any
person on the basis that the eviction is required in order to comply
with this section.
(d) For the purposes of subdivision (a), "water heater" means any
standard water heater with a capacity of not more than 120 gallons
for which a preengineered strapping kit is readily available.
(e) Notwithstanding Section 669 of the Evidence Code, the failure
of any person to comply with this section shall not create a
presumption of a failure by that person to exercise due care.
(f) Any building or portion thereof, including any dwelling unit,
guestroom, suite of rooms, or portions thereof, or the premises on
which it is located is
deemed to be a nuisance if it is in violation of this section. The
owner or the owner's agent shall have the right to correct any
violation of subdivision (a) pursuant to Section 17980.
SEC. 2. SEC. 6. 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.