BILL NUMBER: SB 518	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 26, 2009

   An act to amend Section 76360 of the Education Code, to add
Section 2117.5 to the Streets and Highways Code, and to amend Section
22508 of, and to add Division 19 (commencing with Section 43000) to,
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 518, as amended, Lowenthal. Vehicles: parking services and
fees.
   (1) Existing law regulates the amount of fees that a community
college district may charge for parking and authorizes the governing
board of a community college district to require payment of a parking
fee at a campus in excess of established limits for the purpose of
funding the construction of oncampus parking facilities if certain
conditions are met.
   This bill would delete these provisions and instead require that
state funds not be used, directly or indirectly, to subsidize parking
services, except as specified, for students, employees, or other
persons on and after January 1, 2011. The bill also would authorize
the governing board of a community college district to exempt
specified students who receive financial assistance or who rideshare
or carpool from paying parking fees that exceed $20 per semester.
   (2) Under existing law, the State Building Construction Act, state
funds may be used to fund the construction or operations of parking
facilities in California. Under existing law, a city or county is
authorized to provide for the parking of motor vehicles, including
the construction and operation of parking facilities, and the
acquisition of land, property, and rights-of-way necessary or
convenient for use as public parking places.
   This bill would prohibit, notwithstanding any other provision of
law on and after January 1, 2011, the use of state funds to, directly
or indirectly, subsidize the construction or operations of parking,
except as specified, and for this purpose, the bill would define both
the construction and operating costs of parking, the current cost of
a monthly transit pass, the full cost of a parking space, transit
intensive areas, and specify the exceptions to this requirement. A
violation of the Vehicle Code is a crime.
   The bill would require, on or before January 1, 2012, a city or
county within a region covered by a metropolitan planning
organization, except as specified, to adopt and implement, or have
adopted and implemented, measures from a specified menu that achieve
a total score of at least 20 points, based on the points associated
with that menu to ensure that a city or county manages its parking so
that the actual cost of a parking space equals its full cost, as
specified. By increasing the duties of local public officials, the
bill would impose a state-mandated local program.
   The bill also would authorize a city or county, to request the
State Air Resources Board to approve and award points for other
alternate measures to reduce or eliminate subsidies that fail to
charge users for the full cost of a parking space, as specified. The
bill also would provide that if a city or county adopts and
implements measures to achieve a total score of at least 20 points
from the specified menu, the city or county would be eligible to
receive carbon reduction credits through the cap-and-trade program
administered by the State Air Resources Board, as specified, and if
at least 50 points from the specified menu, the city or county, with
respect to any application for competitive loan or grant programs
funded by a general obligation bond approved by the voters on or
after January 1, 2010, would receive bonus points equal to 5% of the
total available points.
   (3) This bill would also authorize the expenditure of any moneys
apportioned to cities or counties from the Highway Users Tax Account
in the Transportation Tax Fund for the adoption or implementation of
transportation demand management measures, including measures adopted
pursuant to these provisions.
   (4) Existing law prohibits a local authority from establishing
parking meter zones or fixing the rate for those zones except by
ordinance.
   This bill would permit a local authority to specify by ordinance a
performance target and allow the rate of fees to be set
administratively to achieve the performance target.
   This bill would authorize a local authority to dedicate any
portion of revenues collected from parking meter zones to benefit
parking benefit districts or to fund programs that reduce parking
demand, including, but not limited to, public transit, transportation
demand management, or bicycle and pedestrian infrastructure
improvements and promotion.
   (5) 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.
   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.  The Legislature finds and declares all of the
following:
   (a) The transportation sector contributes over 40 percent of the
greenhouse gas emissions in the State of California; automobiles and
light trucks alone contribute almost 30 percent. The transportation
sector is the state's single largest contributor of greenhouse gases.

   (b) In 2006, the Legislature passed and the Governor signed
Assembly Bill 32 (Chapter 488 of the Statutes of 2006; hereafter AB
32), which requires the State of California to reduce its greenhouse
gas emissions to 1990 levels no later than 2020. According to the
State Air Resources Board, in 1990 greenhouse gas emissions from
automobiles and light trucks were 108 million metric tons, but by
2004 these emissions had increased to 135 million metric tons.
   (c) Greenhouse gas emissions from automobiles and light trucks can
be substantially reduced by new vehicle technology and by the
increased use of low carbon fuel. However, even taking these measures
into account, it will be necessary to achieve significant additional
greenhouse gas reductions by reducing vehicle miles traveled.
Without those reductions, California will not be able to achieve the
goals of AB 32.
   (d) In addition, automobiles and light trucks account for 50
percent of air pollution in California and 70 percent of the state's
consumption of petroleum. Reducing vehicle trips will also help
reduce criteria pollutant emissions that are regulated by the state
and federal Clean Air Acts and reduce the state's dependence on
petroleum.
   (e) California has five of the top 13 most traffic congested
metropolitan areas in the United States. Pricing strategies, such as
parking pricing, are the most effective way to achieve lasting
reductions in traffic congestion by permanently reducing roadway
demand. On a congested street, eliminating just 10 percent of
vehicles can result in free-flowing traffic.
   (f) The existence of "free" parking is a significant factor that
encourages vehicle trips. At employment sites, employer-paid parking
increases rates of driving by as much as 22 percent. Conversely,
employee-paid parking reduces rates of driving by the same amount.
   (g) Excessive governmental parking requirements greatly expand the
built footprint and increase travel distances, thereby increasing
vehicle miles traveled and reducing the viability of alternate
transportation modes that help to achieve the state's greenhouse gas
reduction targets, including walking, bicycling, and public
transportation.
   (h) Parking is costly to build and maintain. Building a structured
parking space in 2008 costs between $17,000 and $30,000, with
underground spaces costing significantly more. Annual operations and
maintenance costs vary from $100 and $500 per space per year. The
high cost of land, construction, and maintenance to provide free
parking adds significantly to the cost of economic development,
making many housing and commercial developments, especially those on
infill or transit-oriented sites, financially infeasible and
hindering economic development strategies. Moreover, when parking is
provided free to the user, these costs are hidden elsewhere in the
cost of doing business. Free parking at stores is paid for by all
customers in higher prices for goods, including those customers who
do not drive. Free parking in housing developments is paid for by all
residents, even those who do not drive. Free employer-provided
parking is paid for by lower wages for all workers, including those
who do not drive. Free onstreet parking is paid for by the entire
community in the form of taxes.
   (i) Eliminating subsidies for parking has enormous potential to
reduce traffic congestion and greenhouse gas and other vehicle
emissions by reducing vehicle miles traveled. If drivers must pay the
true cost of parking, it will affect their choices on whether or not
to drive. In the short term, changes to parking policy can reduce
traffic congestion and greenhouse gas emissions more than all other
strategies combined, and they are usually the most cost-effective
approach. Eliminating parking subsidies can also improve social
equity by lowering prices for those who do not drive, that are often
lower-income households.
  SEC. 2.  Section 76360 of the Education Code is amended to read:
   76360.  (a) Except as provided in subdivision (b), a community
college district shall not use state funds, directly or indirectly,
to subsidize the construction or operations of parking for students,
district employees, or other persons on and after January 1, 2011.
The construction and operations of parking are not subsidized if
parking user fees cover land and construction costs within no less
than 15 years, and operation and maintenance costs on an annual
basis.
   (b) (1) The governing board of a community college district may
exempt students who receive financial assistance pursuant to any
programs described in subdivision (g) of Section 76300 from parking
fees that exceed twenty dollars ($20) per semester.
   (2) To encourage ridesharing and carpooling, the governing board
of a community college district may exempt a student who certifies,
in accordance with procedures established by the board, that he or
she regularly has two or more passengers commuting to the community
college with him or her in the vehicle parked at the community
college, from parking fees that exceed thirty dollars ($30) per
semester and ten dollars ($10) per intersession.
   (c) All parking fees collected shall be deposited in the
designated fund of the district in accordance with the California
Community Colleges Budget and Accounting Manual, and shall be
expended only for parking services or for purposes of reducing the
costs to students and employees of the college of using public
transportation to and from the college.
   (d) Fees collected for use of parking services provided for by
investment of student body funds under the authority of Section 76064
shall be deposited in a designated fund in accordance with the
California Community Colleges Budget and Accounting Manual for
repayment to the student organization.
   (e) "Parking services," as used in this section, means the
purchase, construction, and operation and maintenance of parking
facilities for vehicles and motor vehicles as defined by Sections 415
and 670 of the Vehicle Code.
  SEC. 3.  Division 19 (commencing with Section 43000) is added to
the Vehicle Code, to read:

      DIVISION 19.  PARKING REQUIREMENTS


   43000.  For the purposes of this division, the following terms
have the following meaning:
   (a) "Current cost of a monthly transit pass" means the most recent
adopted rate of a monthly transit pass for an adult by the local
transit operator serving the jurisdiction in which the residence or
employer is located. If no monthly pass exists, the amount shall be
the sum of a return fare for a 20-day period. In a jurisdiction in
which there are multiple transit operators, the amount shall be the
average of the monthly pass of two or more of the largest operators
serving the jurisdiction, but no more than four operators. This
amount shall be calculated by the regional transportation planning
agency by June 31 of each year and shall be made available to the
public on the agency's Internet Web site. If no transit operator
serves the jurisdiction, the amount shall be $40.
   (b) "Full cost of a parking space" means the sum of all of the
following: 
   (1) Annualized land cost. For above-ground structured parking
within a larger building, assume a fractional land cost based upon
above-ground volume of the parking facility compared to other
occuppiable space. For entirely underground parking, assume no land
value. To annualize the cost, divide actual or fractional land cost
by 10. For leased land, use the annual lease rate.  
   (1) Annualized land cost. For surface parking or for structured
parking uncovered by occupiable space, the land cost shall be equal
to the full value of the land area of the parking facility. For
entirely underground parking, the land cost shall be zero. For
above-ground parking wholly or partially covered by occupiable space,
assume a fractional land cost based upon the above-ground volume of
the parking facility compared to the volume of the parking facility
and other occupiable building space combined. To annualize the cost,
divide actual or fractional land cost by 10. For leased land, use the
annual lease rate. 
   (2) Annualized construction cost. Include full project cost
divided by the useful life of the facility. If actual costs are not
available, use a per-space cost from a  current  relevant
parking construction cost index,  published by the parking,
transportation, or construction industries  and assume a 40-year
useful life.
   (3) Annualized operations and maintenance costs. Include lighting,
landscape, irrigation, security, insurance, equipment, pavement
maintenance, collections, enforcement, and related costs.  If
actual costs are not available, use current applicable estimates
published by the parking, transportation, or construction industries.

   (c) "Transit intensive area" means central business districts,
areas within one-half mile of a major transit stop, as defined in
subdivision (b) of Section 21155 of the Public Resources Code, and
areas within one-quarter mile of a high-quality transit corridor, as
defined in subdivision (b) of Section 21155 of the Public Resources
Code.
   43001.  (a) Notwithstanding any other provision of law, state
funds shall not be used, directly or indirectly, except as provided
in subdivision (b), to subsidize the construction or operations of
parking on and after January 1, 2011. For the purposes of this
section, the construction costs of parking include the land, design,
environmental review, permitting, project management, mitigation, and
actual construction costs. Operating costs include debt service,
maintenance, insurance, enforcement, collections, utilities,
equipment operation, security, and other ancillary costs necessary to
the operations of the parking facility. The construction or
operation of parking is not subsidized if parking user fees cover
construction costs within no less than 15 years and operating costs
on an annual basis.
   (b) All of the following are exceptions to subdivision (a):
   (1) Locations where the cost of collecting payment for parking
would exceed 75 percent of total revenue collected.
   (2) Existing parking facilities at state parks where parking
demand does not exceed capacity on more than 10 percent of days.
   (3) Existing parking facilities at state-owned or leased
employment facilities that employ 25 or fewer state employees or
contractors where parking demand does not exceed capacity on more
than 10 percent of days during peak hours.
   (4) Locations where existing employee collective bargaining
agreements forbid payment of parking, until the time that those
agreements expire.
   (5) Locations where federal rules, prior contracts, or prior
funding agreements restrict payment for parking.
   (6) Park and ride facilities serving public transit riders and
carpoolers.
   (7) Parking spaces reserved for persons with disabilities.
   43002.  (a) On or before January 1, 2012, a city or county within
a region covered by a metropolitan planning organization shall adopt
and implement, or have adopted and implemented, measures from the
following menu that achieve a total score of at least 20 points,
based on the points associated with each menu item:
+----------------------------------+---------------+
|MEASURE                           |POINTS         |
+----------------------------------+---------------+
|PARKING REQUIREMENTS AND ZONING   |               |
+----------------------------------+---------------+
|Eliminate minimum parking         |               |
|requirements citywide or within   |               |
|the unincorporated county.        |20             |
+----------------------------------+---------------+
|Reduce average minimum parking    |               |
|requirements for all general      |               |
|office, general retail, general   |               |
|commercial, and similar           |               |
|development citywide or within    |               |
|the unincorporated county to:     |               |
|Less than 3 spaces per 1,000      |               |
|square feet                       |               |
|Less than 2 spaces per 1,000      |               |
|square feet                       |2              |
|Less than 1 space per 1,000       |5              |
|square feet                       |10             |
+----------------------------------+---------------+
|Reduce minimum parking            |               |
|requirements for residential uses |               |
|to:                               |               |
|1 uncovered space per zero- or    |               |
|one-bedroom unit                  |               |
|1.5 uncovered spaces per two-     |               |
|bedroom unit                      |               |
|2 uncovered spaces per three-     |               |
|bedroom or larger unit            |5              |
+----------------------------------+---------------+
|Reduce minimum parking            |               |
|requirements for all sizes of     |               |
|residential units below 1         |               |
|uncovered space per unit.         |10             |
+----------------------------------+---------------+
|Eliminate minimum parking         |               |
|requirements for projects in      |               |
|transit intensive areas.          |10             |
+----------------------------------+---------------+
|Establish maximum parking         |               |
|restrictions for all general      |               |
|office, general retail, general   |               |
|commercial, and similar           |               |
|development at or below the       |               |
|following:                        |               |
|3 spaces per 1,000 square feet    |10             |
|2 spaces per 1,000 square feet    |15             |
|1 space per 1,000 square feet     |20             |
+----------------------------------+---------------+
|Establish commercial parking      |               |
|maximums of 2 or fewer spaces per |               |
|1,000 sq. feet citywide or within |               |
|the unincorporated county.        |10             |
+----------------------------------+---------------+
|Establish commercial parking      |               |
|maximums of 2 or fewer            |               |
|spaces per 1,000 sq. feet in      |               |
|transit intensive areas.          |5              |
+----------------------------------+---------------+
|Establish residential parking     |               |
|maximums of 1 or fewer spaces per |               |
|unit in transit intensive areas.  |5              |
+----------------------------------+---------------+
|                                  |               |
+----------------------------------+---------------+
|Remove restrictions against       |               |
|residential tandem parking,       |               |
|including eliminating             |               |
|requirements that parking must be |               |
|independently accessible to count |               |
|toward minimum residential        |               |
|parking requirement, if any.      |2              |
+----------------------------------+---------------+
|Remove restrictions against       |               |
|mechanized and mechanical         |               |
|""lift'' parking, including       |               |
|counting mechanized spaces toward |               |
|minimum requirement, if any.      |2              |
+----------------------------------+---------------+
|Establish a shared parking        |               |
|ordinance and requirements for    |               |
|interconnection of parking in all |               |
|commercial areas.                 |2              |
+----------------------------------+---------------+
|Remove or increase  by  50%  of         |
              |
|allowable density limits and      |               |
|floor area ratios (FAR), allowing |               |
|infill development on existing    |               |
|parking lots.                     |10             |
+----------------------------------+---------------+
|PARKING AND TRANSPORTATION DEMAND |               |
|MANAGEMENT                        |               |
+----------------------------------+---------------+
|Adopt an ordinance to require     |               |
|that any lease for a residential  |               |
|dwelling unit within a housing    |               |
|development of five or more       |               |
|units, if a parking space or      |               |
|spaces are provided in connection |               |
|with the lease, include a         |               |
|separate unbundled charge for the |               |
|parking space or spaces that      |               |
|reflects the full cost of the     |               |
|parking space       or spaces but |               |
|is not less than the number of    |               |
|parking spaces associated with    |               |
|each unit multiplied by the       |               |
|current cost of a monthly transit |               |
|pass within the city or county    |               |
|and grant the lessee the ability  |               |
|to opt out of the parking charge  |               |
|by foregoing use of the parking   |               |
|space or spaces.                  |5              |
+----------------------------------+---------------+
|Adopt an ordinance to require,    |               |
|with respect to the initial sale  |               |
|of a separate interest within a   |               |
|common interest development of    |               |
|five or more units, that access   |               |
|to parking be sold separately at  |               |
|a price that reflects the full    |               |
|cost of the parking space or      |               |
|spaces.                           |5              |
+----------------------------------+---------------+
|Adopt an ordinance to require     |               |
|that any lease for commercial     |               |
|space in a complex of five or     |               |
|more commercial tenants include a |               |
|separate unbundled charge for the |               |
|parking space or spaces that      |               |
|reflects the full cost of the     |               |
|parking space or spaces but is    |               |
|not less       than the number of |               |
|leased parking spaces multiplied  |               |
|by the current cost of a monthly  |               |
|transit pass within the city or   |               |
|county and grant the lessee the   |               |
|ability to opt out of the parking |               |
|charge by foregoing use of the    |               |
|parking space or spaces.          |5              |
+----------------------------------+---------------+
|Adopt an ordinance to require     |               |
|that any new employment contract  |               |
|under which the employer provides |               |
|a parking space within the city,  |               |
|county, or city and county        |               |
|include a nonreimbursable charge  |               |
|to the employee that reflects the |               |
|full cost of the parking space    |               |
|but is not less than the cost of  |               |
|a monthly transit pass within the |               |
|city, county, or city and county  |               |
|and that the employee may opt out |               |
|of by foregoing use of the        |               |
|parking space.                    |5              |
+----------------------------------+---------------+
|Adopt an ordinance to require     |               |
|employers to offer transit passes |               |
|to all employees, including full- |               |
|time, part-time, and seasonal     |               |
|employees, on a pretax            |               |
|basis and certify compliance upon |               |
|application for a new or renewal  |               |
|business license.                 |2              |
+----------------------------------+---------------+
|PARKING MANAGEMENT                |               |
+----------------------------------+---------------+
|Adopt an ordinance to set on-     |               |
|street parking meter and public   |               |
|parking lot and garage rates to   |               |
|achieve an 85% target occupancy   |               |
|rate during hours when adjacent   |               |
|businesses are open or employ     |               |
|demand-responsive rates that vary |               |
|throughout the day to achieve an  |               |
|85% target occupancy rate.        |10             |
+----------------------------------+---------------+
|Establish a Parking Benefit       |               |
|District, whereby all or a        |               |
|portion of new public parking     |               |
|revenues are directed toward      |               |
|improvements within the district  |               |
|where the revenue was raised.     |5              |
+----------------------------------+---------------+
|Establish a Residential Parking   |               |
|Benefit District, whereby a       |               |
|limited number of parkers         |               |
|may pay to park in an otherwise   |               |
|restricted Residential Parking    |               |
|Permit area, with the net revenue |               |
|directed toward improvements      |               |
|within the district where the     |               |
|revenue was raised.               |5              |
+----------------------------------+---------------+
|Install parking meters in areas   |               |
|with parking occupancy rates of   |               |
|greater than 85% and establish    |               |
|meter rates such that parking     |               |
|availability improves to 85% or   |               |
|better.                           |2              |
+----------------------------------+---------------+
|PARKING REVENUE                   |               |
+----------------------------------+---------------+
|Adopt an ordinance to direct some |               |
|portion of net public parking     |               |
|revenues to programs that reduce  |               |
|parking demand, including, but    |               |
|not limited to, public transit,   |               |
|transportation demand management, |6 multiplied   |
|or bicycle and pedestrian         |by the % of    |
|infrastructure improvements and   |net revenue    |
|promotion.                        |directed       |
+----------------------------------+---------------+
|Adopt a parking sales tax , a     |               |
|property assessment upon parking  |               |
|owners, or a use fee upon         |               |
|parkers, with some portion of     |               |
|resulting net revenue directed at |               |
|programs that reduce parking      |               |
|demand, including, but not        |               |
|limited to, public transit,       |               |
|transportation demand management, |6 multiplied   |
|or bicycle and pedestrian         |by the % of    |
|infrastructure improvements and   |net revenue    |
|promotion.                        |directed       |
+----------------------------------+---------------+
|                                  |               |
+----------------------------------+---------------+


   (b) Upon request by a city or county, the State Air Resources
Board may approve and award points for other alternate measures to
reduce or eliminate subsidies that fail to charge users for the full
cost of a parking space, if points are awarded in a manner that
assigns points to the measures in proportion to their estimated
impact on vehicle miles traveled, consistent with the weighting for
measures described in subdivision (a).
   (c) If a city or county adopts and implements measures that exceed
a total score of 20 points from the menu described in subdivision
(a), the city or county shall be eligible to receive carbon reduction
credits through the cap-and-trade program administered by the State
Air Resources Board for those measures that exceed the 20-point
threshold.
   (d) If a city or county adopts and implements measures to achieve
a total score of at least 50 points from the menu described in
subdivision (a), with respect to any application submitted by the
city or county for competitive state loan or grant programs related
to housing, transportation, or economic development  or 
funded by a general obligation bond approved by the voters on or
after January 1, 2010, the city, county, or city and county shall
receive bonus points equal to 5 percent of the total available
points.
   (e) Cities and counties are encouraged to address any parking
spillover from new development through the use of residential parking
permits or other parking management strategies and to provide
residents who resided in the parking permit zone prior to adoption of
the parking permit zone a parking permit for free.
   (f) This section shall not apply to a city or county within a
region covered by a metropolitan planning organization if the
metropolitan transportation organization and the jurisdiction have
adopted a binding compact in which the jurisdiction commits to
implementing parking reforms by January 1, 2013, that achieve a total
score of at least 20 points from the menu described in subdivision
(a) and the jurisdiction fulfills the obligations of the compact.
  SEC. 4.  Section 2117.5 is added to the Streets and Highways Code,
to read:
   2117.5.  Any of the moneys apportioned to cities or counties from
the Highway Users Tax Account in the Transportation Tax Fund may be
expended for the adoption or implementation of transportation demand
management measures, including measures adopted pursuant to Section
43002 of the Vehicle Code.
  SEC. 5.  Section 22508 of the Vehicle Code is amended to read:
   22508.  (a) A local authority shall not establish parking meter
zones except by ordinance. An ordinance establishing a parking meter
zone shall describe the area that would be included within the zone.
   (b) A local authority shall either fix the rate of fees for
parking meter zones by ordinance or specify by ordinance a
performance target and allow the rate of the fees to be set
administratively to achieve the performance target.
                                                        (c) A local
authority may by ordinance cause streets and highways to be marked
with white lines designating parking spaces and require vehicles to
park within the parking spaces.
   (d) An ordinance adopted by a local authority pursuant to this
section with respect to any state highway shall not become effective
until the proposed ordinance has been submitted to and approved in
writing by the Department of Transportation. The proposed ordinance
shall be submitted to the department only by action of the local
legislative body and the proposed ordinance shall be submitted in
complete draft form.
   (e) An ordinance adopted pursuant to this section establishing a
parking meter zone or fixing rates of fees for that zone shall be
subject to local referendum processes in the same manner as if the
ordinance dealt with a matter of purely local concern.
   (f) A local authority may dedicate any portion of revenues
collected from parking meter zones to benefit parking benefit
districts or to fund programs that reduce parking demand, including,
but not limited to, public transit, transportation demand management,
or bicycle and pedestrian infrastructure improvements and promotion.

  SEC. 6.  The changes to Section 22508 of the Vehicle Code enacted
by this act are declaratory of existing law.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B 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.