Amended in Senate September 3, 2013

Amended in Senate August 22, 2013

Amended in Senate August 12, 2013

Amended in Assembly May 20, 2013

Amended in Assembly May 2, 2013

Amended in Assembly April 22, 2013

Amended in Assembly April 3, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 401


Introduced by Assembly Member Daly

(begin deleteCoauthor: Assembly Member end deletebegin insertCoauthors: Assembly Members Cooley and end insertLinder)

(Coauthor: Senator Correa)

February 15, 2013


An act to add and repeal Chapter 6.5 (commencing with Section 6820) of Part 1 of Division 2 of the Public Contract Code, and to add and repeal Section 91.2 of the Streets and Highways Code, relating to transportation, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 401, as amended, Daly. Transportation: design-build:begin delete streets andend delete highways.

Existing law, until January 1, 2014, authorizes certain state and local transportation entities, if authorized by the California Transportation Commission, to use a design-build process for contracts on transportation projects, as specified. Existing law establishes a procedure for submitting bids that includes a requirement that design-build entities provide a statement of qualifications submitted to the transportation entity that is verified under oath, subject to penalty of perjury.

This bill would authorize the Department of Transportation to utilize design-build procurement for up to 10 projects on the state highway system, based on either best value or lowest responsible bid. The bill would authorize regional transportation agencies, as defined, to utilize design-build procurement for projects onbegin delete streets, roads, orend deletebegin insert or adjacent toend insert the state highway system.begin insert The bill would also authorize those regional transportation agencies to utilize design-build procurement for projects on expressways that are not on the state highway system, as specified.end insert The bill would repeal these provisions on January 1, 2024, or one year from the date that the Department of Transportation posts on its Internet Web site that the provisions related to the construction inspection services of these projects are invalid. The bill would provide that these design-build authorizations do not include construction inspection services for projects on or interfacing with the state highway system. The bill would require the Department of Transportation to perform construction inspection services for projects on or interfacing with the state highway system, as specified. The bill would require a transportation entity, as defined, awarding a contract for a public works project pursuant to these provisions, to reimburse the Department of Industrial Relations for costs of performing prevailing wage monitoring and enforcement of the public works project and would require moneys collected to be deposited into the State Public Works Enforcement Fund, a continuously appropriated fund. By depositing money in a continuously appropriated fund, the bill would make an appropriation.

The bill would extend the use of design-build procurement to regional transportation agencies, as defined, and extend the period of time for which the Department of Transportation may use design-build procurement, subject to existing procedures. The bill would, by extension, impose the statement of qualifications requirement upon regional transportation agencies and the department, subject to penalty of perjury, thereby creating a new crime and imposing a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

The Legislature finds and declares the following:

2(a) The Department of Transportation has statutory authority
3over the state highway system, including possession, control, and
4responsibility for improvements to and maintenance of that system.

5(b) The Department of Transportation is authorized to construct
6and maintain detours as may be necessary to facilitate movement
7of traffic where state highways are closed or obstructed by
8construction or otherwise.

9(c) The Department of Transportation and any county, city, or
10public entity are authorized to enter into a contract with respect to
11the sharing of the expense of the acquisition, construction,
12improvement, or maintenance of any state highway.

13(d) When an improvement to a portion of a state highway is
14completed by a local entity, the control of that portion of the state
15highway reverts to the state and the state is liable for its future
16maintenance and care.

17

SEC. 2.  

It is the intent of the Legislature to do the following:

18(a) Authorize the Department of Transportation and regional
19transportation agencies to undertake improvements on begin deletestreets andend delete
20 highwaysbegin insert and expresswaysend insert using design-build procurement.

21(b) Reserve for the Department of Transportation the authority
22to perform construction inspection services.

23(c) Require the Department of Transportation to be responsible
24for ensuring that uniform safety standards are met on public works
25of improvement on the state highway system.

26

SEC. 3.  

Chapter 6.5 (commencing with Section 6820) is added
27to Part 1 of Division 2 of the Public Contract Code, to read:

28 

29Chapter  6.5. Transportation Design-Build Program
30

 

31

6820.  

For purposes of this chapter, the following definitions
32apply:

P4    1(a) “Best value” means a value determined by objective criteria,
2including, but not limited to, price, features, functions, life-cycle
3costs, and other criteria deemed appropriate by the transportation
4entity.

5(b) “Commission” means the California Transportation
6Commission.

7(c) “Design-build” means a procurement process in which both
8the design and construction of a project are procured from a single
9entity.

10(d) “Design-build entity” means a partnership, corporation, or
11other legal entity that is able to provide appropriately licensed
12contracting, architectural, and engineering services as needed
13pursuant to a design-build contract.

14(e) “Design-build team” means the design-build entity itself
15and the individuals and other entities identified by the design-build
16entity as members of its team.

17(f) “Department” means the Department of Transportation as
18established under Part 5 (commencing with Section 14000) of
19Division 3 of Title 2 of the Government Code.

begin insert

20(g) “Expressway” means expressway as defined in Section 257
21of the Streets and Highways Code.

end insert
begin delete

22(g)

end delete

23begin insert(h)end insert “Interfacing with the state highway system” means work
24performed within the state highway right-of-way, including
25airspace over or under that property, or work performed upon
26property acquired by the department for construction of a state
27highway, including airspace over or under that property.

begin delete

28(h)

end delete

29begin insert(i)end insert “Regional transportation agency” means any of the following:

30(1) A transportation planning agency described in Section 29532
31or 29532.1 of the Government Code.

32(2) A county transportation commission established under
33Section 130050, 130050.1, or 130050.2 of the Public Utilities
34Code.

35(3) Any other local or regional transportation entity that is
36designated by statute as a regional transportation agency.

37(4) A joint exercise of powers authority established pursuant to
38Chapter 5 (commencing with Section 6500) of Division 7 of Title
391 of the Government Code, with the consent of a transportation
P5    1planning agency or a county transportation commission for the
2jurisdiction in which the transportation project will be developed.

3(5) A local transportation authority designated pursuant to
4Division 12.5 (commencing with Section 131000) or Division 19
5(commencing with Section 180000) of the Public Utilities Code.

6(6) The Santa Clara Valley Transportation Authority established
7pursuant to Part 12 (commencing with Section 100000) of Division
810 of the Public Utilities Code.

begin delete

9(i)

end delete

10begin insert(j)end insert “Transportation entity” means the department or a regional
11transportation agency.

12

6821.  

(a) The department may utilize the design-build method
13of procurement for up to 10 projects on the state highway system,
14based on either best value or lowest responsible bid.

15(b) A regional transportation agency may utilize the design-build
16method of procurement to design and construct projects onbegin delete streets,
17roads, orend delete
begin insert or adjacent toend insert the state highway system,begin insert including related
18nonhighway portions of the project,end insert
based on either best value or
19lowest responsible bid. A regional transportation agency and the
20department shall enter into a cooperative agreement reflecting the
21roles and responsibilities assigned by law for a project on or
22interfacing with the state highway system authorized under this
23subdivision. The cooperative agreement shall also include the
24requirement to develop a mutually agreed upon issue resolution
25process with a primary objective to ensure the project stays on
26schedule and issues between the parties are resolved in a timely
27manner.

begin insert

28(c) (1) A regional transportation agency may utilize the
29design-build method of procurement, based on either best value
30or lowest responsible bid, to design and construct projects on
31expressways that are not on the state highway system if the projects
32are developed in accordance with an expenditure plan approved
33by voters as of January 1, 2014.

end insert
begin insert

34(2) The entity responsible for the maintenance of the local streets
35and roads within the jurisdiction of the expressway shall be
36responsible for the maintenance of the expressway.

end insert
begin insert

37(d) A city, county, or city and county shall not utilize the
38design-build method of procurement under this chapter. A regional
39transportation agency shall not utilize the design-build method of
40procurement on behalf of a city, county, or city and county.

end insert
begin delete

P6    1(c)

end delete

2begin insert(e)end insert The design-build authorization in subdivisions (a) and (b)
3shall not include the authority to perform construction inspection
4services for projects on or interfacing with the state highway
5system, which shall be performed by the department consistent
6with Section 91.2 of the Streets and Highway Code.

begin delete

7(d)

end delete

8begin insert(f)end insert (1) Not later than the first day of July that occurs two years
9after a design-build contract is awarded, and each July 1 thereafter
10until a project is completed, the department or the regional
11transportation agency shall submit a report on the progress of the
12project and compliance with this section to the legislative policy
13committees having jurisdiction over transportation matters.

14(2) The requirement of submitting a report imposed under
15paragraph (1) is inoperative on the first day of July four years after
16the first report was submitted, pursuant to Section 10231.5 of the
17Government Code.

18(3) A report to be submitted pursuant to paragraph (1) shall be
19submitted in compliance with Section 9795 of the Government
20Code.

21

6822.  

The commission shall use the guidelines developed
22pursuant to subdivision (e) of Section 6803, as it read on December
2331, 2013, to provide a standard organizational conflict-of-interest
24policy, consistent with applicable law, regarding the ability of a
25person or entity, that performs services for the transportation entity
26relating to the solicitation of a design-build project, to submit a
27proposal as a design-build entity, or to join a design-build team.
28This conflict-of-interest policy shall apply to the transportation
29entity entering into design-build contracts authorized under this
30chapter.

31

6823.  

(a) For contracts for public works projects awarded prior
32to the effective date of the regulations adopted by the Department
33of Industrial Relations pursuant to subdivision (g) of Section 1771.5
34of the Labor Code, a transportation entity authorized to use the
35design-build method of procurement shall establish and enforce a
36labor compliance program containing the requirements outlined
37in Section 1771.5 of the Labor Code or shall contract with a third
38party to operate a labor compliance program containing the
39requirements outlined in Section 1771.5 of the Labor Code. This
40requirement shall not apply to projects where the transportation
P7    1entity or design-build entity has entered into any collective
2bargaining agreement that binds all of the contractors performing
3work on the projects.

4(b) For contracts for public works projects awarded on or after
5the effective date of the regulations adopted by the Department of
6Industrial Relations pursuant to subdivision (g) of Section 1771.5
7of the Labor Code, the transportation entity shall reimburse the
8Department of Industrial Relations for its reasonable and directly
9related costs of performing prevailing wage monitoring and
10enforcement on public works projects pursuant to rates established
11by the Department of Industrial Relations as set forth in subdivision
12(h) of Section 1771.5 of the Labor Code. All moneys collected
13pursuant to this subdivision shall be deposited in the State Public
14Works Enforcement Fund, created by Section 1771.3 of the Labor
15Code, and shall be used only for enforcement of prevailing wage
16requirements on those projects.

17(c) In lieu of reimbursing the Department of Industrial Relations
18for its reasonable and directly related costs of performing
19monitoring and enforcement on public works projects, the
20transportation entity may either (1) elect to continue operating an
21existing previously approved labor compliance program to monitor
22and enforce prevailing wage requirements on the project if it has
23not contracted with a third party to conduct its labor compliance
24program and requests and receives approval from the department
25to continue its existing program or (2) enter into a collective
26bargaining agreement that binds all of the contractors performing
27work on the project and that includes a mechanism for resolving
28disputes about the payment of wages.

29

6824.  

The procurement process for the design-build project
30shall progress as follows:

31(a) A transportation entity shall prepare a set of documents
32setting forth the scope and estimated price of a project. The
33documents may include, but need not be limited to, the size, type,
34and desired design character of the project, performance
35specifications covering the quality of materials, equipment,
36workmanship, preliminary plans, and any other information deemed
37necessary to describe adequately the transportation entity’s needs.
38The performance specifications and any plans shall be prepared
39by a design professional who is duly licensed and registered in
40California.

P8    1(b) Based on the documents prepared as described in subdivision
2(a), the transportation entity shall prepare a request for proposals
3that invites interested parties to submit competitive sealed proposals
4in the manner prescribed by the transportation entity. The request
5for proposals shall include, but need not be limited to, the following
6elements:

7(1) Identification of the basic scope and needs of the project or
8contract, the estimated cost of the project, the methodology that
9will be used by the transportation entity to evaluate proposals,
10whether the contract will be awarded on the basis of the lowest
11responsible bid or on best value, and any other information deemed
12necessary by the transportation entity to inform interested parties
13of the contracting opportunity.

14(2) Significant factors that the transportation entity reasonably
15expects to consider in evaluating proposals, including, but not
16limited to, cost or price and all nonprice-related factors.

17(3) The relative importance or the weight assigned to each of
18the factors identified in the request for proposals.

19(4) For transportation entities authorized to utilize best value
20as a selection method, the transportation entity reserves the right
21to request proposal revisions and hold discussions and negotiations
22with responsive bidders and shall so specify in the request for
23proposals and shall publish separately or incorporate into the
24request for proposals applicable rules and procedures to be
25observed by the transportation entity to ensure that any discussions
26or negotiations are conducted in good faith.

27(c) Based on the documents prepared under subdivision (a), the
28transportation entity shall prepare and issue a request for
29qualifications in order to prequalify the design-build entities whose
30proposals shall be evaluated for final selection. The request for
31qualifications shall include, but need not be limited to, the
32following elements:

33(1) Identification of the basic scope and needs of the project or
34contract, the expected cost range, the methodology that will be
35used by the transportation entity to evaluate proposals, the
36procedure for final selection of the design-build entity, and any
37other information deemed necessary by the transportation entity
38to inform interested parties of the contracting opportunity.

39(2) (A) Significant factors that the transportation entity
40reasonably expects to consider in evaluating qualifications,
P9    1including technical design and construction expertise, skilled labor
2force availability, and all other nonprice-related factors.

3(B) For purposes of subparagraph (A), skilled labor force
4availability shall be determined by the existence of an agreement
5with a registered apprenticeship program, approved by the
6California Apprenticeship Council, that has graduated at least one
7apprentice in each of the preceding five years. This graduation
8requirement shall not apply to programs providing apprenticeship
9training for any craft that was first deemed by the Department of
10Labor and the Department of Industrial Relations to be an
11apprenticeable craft within the five years prior to the effective date
12of this article.

13(3) A standard form request for statements of qualifications
14prepared by the transportation entity. In preparing the standard
15form, the transportation entity may consult with the construction
16industry, the building trades and surety industry, and other public
17agencies interested in using the authorization provided by this
18chapter. The standard form shall require information including,
19but not limited to, all of the following:

20(A) If the design-build entity is a partnership, limited
21partnership, joint venture, or other association, a listing of all of
22the partners, general partners, or association members known at
23the time of statement of qualification submission who will
24participate in the design-build contract.

25(B) Evidence that the members of the design-build entity have
26completed, or demonstrated the experience, competency, capability,
27and capacity to complete projects of similar size, scope, or
28complexity, and that proposed key personnel have sufficient
29experience and training to competently manage and complete the
30design and construction of the project, and a financial statement
31that assures the transportation entity that the design-build entity
32has the capacity to complete the project.

33(C) The licenses, registration, and credentials required to design
34and construct the project, including, but not limited to, information
35on the revocation or suspension of any license, credential, or
36registration.

37(D) Evidence that establishes that the design-build entity has
38the capacity to obtain all required payment and performance
39bonding, liability insurance, and errors and omissions insurance.

P10   1(E) Information concerning workers’ compensation experience
2history and a worker safety program.

3(F) A full disclosure regarding all of the following that are
4applicable:

5(i) Any serious or willful violation of Part 1 (commencing with
6Section 6300) of Division 5 of the Labor Code or the federal
7Occupational Safety and Health Act of 1970 (Public Law 91-596),
8settled against any member of the design-build entity.

9(ii) Any debarment, disqualification, or removal from a federal,
10state, or local government public works project.

11(iii) Any instance where the design-build entity, or its owners,
12officers, or managing employees submitted a bid on a public works
13project and were found to be nonresponsive or were found by an
14awarding body not to be a responsible bidder.

15(iv) Any instance where the design-build entity, or its owners,
16officers, or managing employees defaulted on a construction
17contract.

18(v) Any violations of the Contractors’ State License Law, as
19described in Chapter 9 (commencing with Section 7000) of
20Division 3 of the Business and Professions Code, including alleged
21violations of federal or state law regarding the payment of wages,
22benefits, apprenticeship requirements, or personal income tax
23withholding, or Federal Insurance Contribution Act (FICA)
24withholding requirements settled against any member of the
25design-build entity.

26(vi) Any bankruptcy or receivership of any member of the
27design-build entity, including, but not limited to, information
28concerning any work completed by a surety.

29(vii) Any settled adverse claims, disputes, or lawsuits between
30the owner of a public works project and any member of the
31design-build entity during the five years preceding submission of
32a bid under this article, in which the claim, settlement, or judgment
33exceeds fifty thousand dollars ($50,000). Information shall also
34be provided concerning any work completed by a surety during
35this five-year period.

36(G) If the proposed design-build entity is a partnership, limited
37partnership, joint-venture, or other association, a copy of the
38organizational documents or agreement committing to form the
39organization, and a statement that all general partners, joint venture
P11   1members, or other association members agree to be fully liable for
2 the performance under the design-build contract.

3(H) An acceptable safety record. A bidder’s safety record shall
4be deemed acceptable if its experience modification rate for the
5most recent three-year period is an average of 1.00 or less, and its
6average total recordable injury/illness rate and average lost work
7rate for the most recent three-year period does not exceed the
8applicable statistical standards for its business category or if the
9bidder is a party to an alternative dispute resolution system as
10provided for in Section 3201.5 of the Labor Code.

11(4) The information required under this subdivision shall be
12verified under oath by the design-build entity and its members in
13 the manner in which civil pleadings in civil actions are verified.
14Information required under this subdivision that is not a public
15record under the California Public Records Act, as described in
16Chapter 3.5 (commencing with Section 6250) of Division 7 of
17Title 1 of the Government Code, shall not be open to public
18inspection.

19(d) For those projects utilizing low bid as the final selection
20method, the competitive bidding process shall result in lump-sum
21bids by the prequalified design-build entities. Awards shall be
22made to the lowest responsible bidder.

23(e) For those projects utilizing best value as a selection method,
24the design-build competition shall progress as follows:

25(1) Competitive proposals shall be evaluated by using only the
26criteria and selection procedures specifically identified in the
27request for proposals. However, the following minimum factors
28shall be weighted as deemed appropriate by the contracting
29transportation entity:

30(A) Price.

31(B) Technical design and construction expertise.

32(C) Life-cycle costs over 15 years or more.

33(2) Pursuant to subdivision (b), the transportation entity may
34hold discussions or negotiations with responsive bidders using the
35process articulated in the transportation entity’s request for
36proposals.

37(3) When the evaluation is complete, the top three responsive
38bidders shall be ranked sequentially based on a determination of
39value provided.

P12   1(4) The award of the contract shall be made to the responsible
2bidder whose proposal is determined by the transportation entity
3to have offered the best value to the public.

4(5) Notwithstanding any other provision of this code, upon
5issuance of a contract award, the transportation entity shall publicly
6announce its award, identifying the contractor to whom the award
7is made, along with a written decision supporting its contract award
8and stating the basis of the award. The notice of award shall also
9include the transportation entity’s second- and third-ranked
10design-build entities.

11(6) The written decision supporting the transportation entity’s
12contract award, described in paragraph (5), and the contract file
13shall provide sufficient information to satisfy an external audit.

14

6825.  

(a) The design-build entity shall provide payment and
15performance bonds for the project in the form and in the amount
16required by the transportation entity, and issued by a California
17admitted surety. In no case shall the amount of the payment bond
18be less than the amount of the performance bond.

19(b) The design-build contract shall require errors and omissions
20insurance coverage for the design elements of the project.

21

6826.  

(a) The transportation entity, in each design-build request
22for proposals, may identify specific types of subcontractors that
23must be included in the design-build entity statement of
24qualifications and proposal. All construction subcontractors that
25are identified in the proposal shall be afforded all the protections
26of Chapter 4 (commencing with Section 4100) of Part 1 of Division
272.

28(b) In awarding subcontracts not listed in the request for
29proposals, the design-build entity shall do all of the following:

30(1) Provide public notice of availability of work to be
31subcontracted in accordance with the publication requirements
32applicable to the competitive bidding process of the transportation
33entity.

34(2) Provide a fixed date and time on which the subcontracted
35work will be awarded.

36(3) Establish reasonable qualification criteria and standards.

37(4) Provide that the subcontracted construction work shall be
38awarded either on a best value basis or to the lowest responsible
39bidder. For construction work awarded on a best value basis, the
40design-build entity shall evaluate all bids utilizing the factors
P13   1described in paragraph (1) of subdivision (e) of Section 6824, and
2shall award the contract to the bidder determined by the
3design-build entity to have offered the best value.

4(c) Subcontractors awarded subcontracts under this chapter shall
5be afforded all the protections of Chapter 4 (commencing with
6Section 4100) of Part 1 of Division 2.

7

6827.  

Nothing in this chapter affects, expands, alters, or limits
8any rights or remedies otherwise available at law.

9

6828.  

The provisions of this chapter are severable. If any
10provision of this chapter or its application is held invalid, that
11invalidity shall not affect other provisions or applications that can
12be given effect without the invalid provision or application.

13

6829.  

(a) This chapter shall remain in effect only until January
141, 2024, and as of that date is repealed, unless a later enacted
15statute, that is enacted before January 1, 2024, deletes or extends
16that date.

17(b) Notwithstanding subdivision (a), if any provision or
18application of Section 91.2 of the Streets and Highways Code is
19held invalid by a court of competent jurisdiction, this chapter shall
20be repealed one year from the date in which the department posts
21on its Internet Web site that Section 91.2 of the Streets and
22Highways Code has been held invalid.

23(c) The repeal of this chapter shall not affect an executed
24design-build contract or cooperative agreement entered into
25pursuant to this chapter prior to the date of its repeal, regardless
26of the stage of the project at the time of repeal.

27

SEC. 4.  

Section 91.2 is added to the Streets and Highways
28Code
, to read:

29

91.2.  

(a) The department shall perform construction inspection
30services for projects on or interfacing with the state highway system
31authorized pursuant to Chapter 6.5 (commencing with Section
326820) of Part 1 of Division 2 of the Public Contract Code. The
33department shall use department employees or consultants under
34contract with the department to perform the services described in
35this subdivision and subdivision (b), consistent with Article XXII
36of the California Constitution. Construction inspection services
37performed by the department for those projects include, but are
38not limited to, material source testing, certification testing,
39surveying, monitoring of environmental compliance, independent
40quality control testing and inspection, and quality assurance audits.
P14   1The construction inspection duties and responsibilities of the
2department shall include a direct reporting relationship between
3the inspectors and senior department engineers responsible for all
4inspectors and construction inspection services. The senior
5department engineer responsible for construction inspection
6services shall be responsible for the acceptance or rejection of the
7work.

8(b) Notwithstanding any other law, the department shall retain
9the authority to stop the contractor’s operation wholly or in part
10and take appropriate action when public safety is jeopardized on
11a project on or interfacing with the state highway system authorized
12pursuant to Chapter 6.5 (commencing with Section 6820) of Part
131 of Division 2 of the Public Contract Code. The department shall
14ensure that public safety and convenience is maintained whenever
15work is performed under an encroachment permit within the state
16highway right-of-way, including, but not limited to, work
17performed that includes lane closures, signing, work performed at
18night, detours, dust control, temporary pavement quality, crash
19cushions, temporary railings, pavement transitions, falsework,
20shoring, and delineation. The department shall regularly inspect
21the job sites for safety compliance and any possible deficiencies.
22If any deficiency is observed, a written notice shall be sent by the
23department to the regional transportation agency’s designated
24resident engineer to correct the deficiency. Once the deficiency is
25corrected, a written notice describing the resolution of the
26deficiency shall be sent to the department and documented.

27(c) The department shall use department employees or
28consultants under contract with the department to perform the
29services described in subdivisions (a) and (b), consistent with
30Article XXII of the California Constitution. Department employee
31and consultant resources necessary for the performance of those
32services, including personnel requirements, shall be included in
33the department’s capital outlay support program for workload
34purposes in the annual Budget Act.

begin insert

35(d) “Construction inspection services” shall not include
36surveying work performed as part of a design-build contract.

end insert
begin delete

37(d)

end delete

38begin insert(e)end insert This section shall remain in effect only until January 1, 2024,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before January 1, 2024, deletes or extends that date.

begin delete

P15   1(e)

end delete

2begin insert(f)end insert If any provision or application of this section is held invalid
3by a court of competent jurisdiction, the department shall post on
4its Internet Web site within 10 business days of the decision of
5 invalidity that this section has been held invalid.

6

SEC. 5.  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.



O

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