Today's Law As Amended


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SB-1398 Distributed energy resources.(2003-2004)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) California energy customers continue to face a critical shortage of electricity in the years 2004 and beyond.
(b) A shortage of electric generation supply and inadequacies in the transmission and distribution system endangers the state’s economic recovery.
(c) The state’s economic recovery itself could bring about rolling blackouts or large scale grid disruptions if no action is taken to improve the reliability of the grid.
(d) Electric customers need the ability to use all of the tools available to them to increase energy reliability and manage price without penalty.
(e) Distributed energy resources (DER) provide unique benefits to all consumers by immediately shifting demand off of the grid and increasing the supply of generation within California while contributing to improved environmental quality and public health and safety.
(f) The cost of customer-sited DER, and the benefits provided to the grid, are paid for by the individual customer using the DER and are not borne by other ratepayers.
(g) It is essential that California encourage the installation of clean DER to increase the supply of electricity, to increase self-sufficiency of consumers, improve system reliability, and encourage new generation to connect to the grid.
(h) In compliance with the Governor’s Energy Plan, and other policies regarding load reduction and new generation, the provisions of this act are urgently needed.
(i) The Independent System Operator can and should play an active role in encouraging markets and programs that recognize the value of DER.
(j) DER provides benefits to all Californians equal to or greater than large central station powerplants. However, because of the individual small volume demands for natural gas, DER is underserved and unfairly competitively disadvantaged in the gas market.
(k) California continues to have a series of statutes, regulations, rules and tariffs regarding DER that are inconsistent, send mixed signals, and generally discourage DER by allowing certain fees, charges, and other restrictions that inhibit customer deployment of clean DER.
(l) It is in the best interest of all Californians to establish a public policy across all levels of government that encourages and promotes the development of clean DER technologies that are environmentally sensitive, help manage the cost of electricity, and improve reliability.

SEC. 2.

 Section 41514.11 is added to the Health and Safety Code, to read:

41514.11.
 (a) The state board shall develop guidelines for districts to permit the installation of distributed energy resources and for determining the criteria for qualification as an ultraclean and low-emission distributed generation as defined in Section 353.2 of the Public Utilities Code. The guidelines shall take into account all of the following:
(1) The total volumetric level of emissions attributable to the facility at the installation location before the installation of the distributed energy resources system shall be determined. The district shall consider the average annual electricity consumption at the facility, the average grid emissions level, as well as specific sources at the facility in determining the attributable emissions.
(2) The total volumetric level of emissions attributable to the facility at the installation location after the installation of the distributed energy resources system shall be determined taking into account the same factors described in paragraph (1).
(3) The state board shall develop methodologies for which the districts shall consider the effect on emissions of reduced line losses, the application of cogeneration, accompanying energy efficiency and optimization measures, and other factors, including, but not limited to, the installation of zero or near-zero emissions technologies.
(b) For the purposes of this section, “distributed energy resources” shall have the same meaning as in Sections 353.1 and 353.2 of the Public Utilities Code.
(c) The state board shall, by December 31, 2005, develop the guidelines required by this section.

SEC. 3.

 Section 216 of the Public Utilities Code is amended to read:

216.
 (a) (1)  “Public utility” includes every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof.
(2) A provider of last resort, as defined in Section 387, that is providing service pursuant to Article 8.5 (commencing with Section 387) of Chapter 2.3 is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part regarding providing that service.
(b) Whenever any common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation performs a service for, or delivers a commodity to, the public or any portion thereof for which any compensation or payment whatsoever is received, that common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation, is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part.
(c) When any person or corporation performs any service for, or delivers any commodity to, any person, private corporation, municipality, or other political subdivision of the state, that in turn either directly or indirectly, mediately or immediately, performs that service for, or delivers that commodity to, the public or any portion thereof, that person or corporation is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part.
(d) Ownership or operation of a facility that employs cogeneration technology or produces power from other than a conventional power source or the ownership or operation of a facility which employs landfill gas technology does not make a corporation or person a public utility within the meaning of this section solely because of the ownership or operation of that facility.
(e) Any corporation or person engaged directly or indirectly in developing, producing, transmitting, distributing, delivering, or selling any form of heat derived from geothermal or solar resources or from cogeneration technology to any privately owned or publicly owned public utility, or to the public or any portion thereof, is not a public utility within the meaning of this section solely by reason of engaging in any of those activities.
(f) The ownership or operation of a facility that sells compressed natural gas or hydrogen  at retail to the public for use only as a motor vehicle fuel, and the selling of compressed natural gas or hydrogen  at retail from that facility to the public for use only as a motor vehicle fuel, does not make the corporation or person a public utility within the meaning of this section solely because of that ownership, operation, or sale.
(g) Ownership or operation of a facility that is  has been certified by the Federal Energy Regulatory Commission as  an exempt wholesale generator, as defined in  generator pursuant to Section 32 of  the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)),  1935 (Chapter 2C (commencing with Section 79) of Title 15 of the United States Code)  does not make a corporation or person a public utility within the meaning of this section, solely due to the ownership or operation of that facility.
(h) The ownership, control, operation, or management of an electric plant used for direct transactions or participation directly or indirectly in direct transactions, as permitted by subdivision (b) of Section 365, sales into a market established and operated by the Independent System Operator or any other wholesale electricity market, or  the Power Exchange referred to in Section 365, or  the use or sale as permitted under subdivisions (b) to (d), inclusive, of Section 218, shall not make a corporation or person a public utility within the meaning of this section solely because of that ownership, participation, or sale.
(i) The ownership, control, operation, or management of a facility that supplies electricity to the public only for use to charge light duty plug-in electric vehicles does not make the distributed energy resource, as defined in Sections 353.1 and 353.2, that delivers energy or energy services to tenants within a building, or buildings within an area of common ownership, shall not make a  corporation or person a public utility within the meaning of this section solely because of that ownership, control, operation, or management. For purposes of this subdivision, “light duty plug-in electric vehicles” includes light duty battery electric and plug-in hybrid electric vehicles. This subdivision does not affect the commission’s authority under Section 454 or 740.2 or any other applicable statute. management participation, sale, or delivery. 

SEC. 4.

 Section 218.5 of the Public Utilities Code is amended to read:

218.5.
 (a) The following terms have the following meanings:
(1) “Exempt wholesale generator” has the same meaning as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).
(2) “Cogeneration”  “Qualifying small power producer,” “small power production facility,” and “qualifying small power production facility” have the same meanings as found in Section 796 of Title 16 of the United States Code and the regulations enacted pursuant thereto.  means the sequential use of energy for the production of electrical and useful thermal energy. The sequence can be thermal use followed by power production or the reverse, subject to the following standards: 
(a) At least 5 percent of the facility’s total annual energy output shall be in the form of useful thermal energy.
(b) Notwithstanding any other provision of law, a qualifying small power producer owning or operating a small power production facility is not a public utility subject to the general jurisdiction of the commission solely because of the ownership or operation of the facility. Where useful thermal energy follows power production, the useful annual power output plus one-half the useful annual thermal energy output equals not less than 42.5 percent of any natural gas and oil energy input, or the facility’s total system efficiency at 100 percent equals at least a 60 percent efficiency on a high heating value. 
(c) Notwithstanding any other provision of law, an exempt wholesale generator is not a public utility subject to the general jurisdiction of the commission solely due to the ownership or operation of the facility.

SEC. 5.

 Section 353.1 of the Public Utilities Code is amended to read:

353.1.
 As used in this article, “distributed energy resources” means any  electric generation technology that meets all of the following criteria:
(a) Commences initial operation between May 1, 2001, and June 1, 2003, except that gas-fired distributed energy resources that are not operated in a combined heat and power application shall commence operation no later than September 1, 2002. after May 1, 2001. 
(b) Is located within a single facility. facility or contiguous area of common ownership. 
(c) Is five 20  megawatts or smaller in aggregate capacity.
(d) Serves onsite loads or over-the-fence transactions allowed under Sections 216 and 218.
(e) Is powered by any fuel other than diesel.
(f) Complies with emission standards and guidance adopted by the State Air Resources Board pursuant to Sections 41514.9 , 41514.10,  and 41514.10 41514.11  of the Health and Safety Code. Prior to the adoption of those standards and guidance, for the purpose of this article, distributed energy resources shall meet emission emissions  levels equivalent to nine parts per million oxides of nitrogen, or the equivalent standard taking into account efficiency as determined by the State Air Resources Board, averaged over a three-hour period, or best available control technology for the applicable air district, whichever is lower, except for distributed generation units that displace and therefore significantly reduce emissions from natural gas flares or reinjection compressors, as determined by the State Air Resources Control  Board. These units shall comply with the applicable best available control technology as determined by the air pollution control district or air quality management district in which they are located.

SEC. 6.

 Section 353.2 of the Public Utilities Code is amended to read:

353.2.
 (a) As used in this article, “ultraclean and low-emission distributed generation” means any electric generation technology that meets both all  of the following criteria:
(1) Meets the requirements of subdivisions (b) to (f), inclusive, of Section 353.1.
(1) (2)  Commences initial operation between January 1, 2003, and December 31, 2008.
(2) (3)  Produces zero emissions during its operation or produces emissions during its operation that are equal to or less than the 2007 State Air Resources Board emission limits for distributed generation, except that technologies  generation. Technologies  operating by combustion must operate in a combined heat and power application with a 60-percent system efficiency on a higher heating value. meet the requirements of Section 218.5. 
(4) Until the State Air Resources Board establishes the 2007 emission limits, meet the requirements of subdivision (b) of Section 379.6.
(b) In establishing rates and fees, the commission may consider energy efficiency and emissions performance to encourage early compliance with air quality standards established by the State Air Resources Board for ultraclean and low-emission distributed generation.

SEC. 7.

 Section 353.3 of the Public Utilities Code is amended to read:

353.3.
 (a)  The commission shall require each electrical corporation under the operational control of the Independent System Operator as of January 1, 2001, corporation, in setting rates and establishing tariffs, to treat customer use of distributed energy resources as an energy efficiency measure,  to modify its tariffs so that all customers installing new distributed energy resources in accordance with the criteria described in Section Sections  353.1 and 353.2  are served under rates, rules, and requirements identical to those of a customer within the same rate schedule that does not use distributed energy resources, and to withdraw any provisions in otherwise applicable tariffs that activate other tariffs, rates, or rules if a customer uses distributed energy resources.
(b) To qualify for the tariffs described in subdivision (a), each customer with distributed energy resources that meet the criteria of Section 353.1 shall participate in a real-time metering and pricing program, when these programs become available, in which rates for any energy purchased from the electrical corporation reflect the actual cost to the electrical corporation of energy it purchases at the time it is consumed by the customer. Prior to the time these programs become available, the customer shall participate in a time-of-use pricing tariff. On or before December 31, 2001, the commission shall adopt a real time pricing tariff for the purpose of this section.
(c) Except as specified in Section 353.7, customers may not be subject to the application of additional rates or tariffs solely because of their use of distributed energy resources to serve onsite loads or over-the-fence transactions allowed under Sections 216 and 218.

SEC. 8.

 Section 353.4 is added to the Public Utilities Code, to read:

353.4.
 (a) The Independent System Operator may not require the metering, telemetry, or scheduling of a retail customer’s consumption of electric energy that is satisfied by onsite or over-the-fence generation by distributed energy resources behind the point of interconnection. The Independent System Operator may not assess any grid management or transmission charge on a retail customer’s consumption of electric energy that is satisfied by onsite or over-the-fence generation by distributed energy resources behind the point of interconnection.
(b) The Independent System Operator shall establish and maintain an ongoing demand reduction tariff that allows for the participation of distributed energy resources no later than January 1, 2005.
(c) The Independent System Operator shall establish and maintain a capacity market that recognizes the value of generation capacity supplied by distributed energy resources as being functionally equivalent to central station generation.

SEC. 9.

 Section 353.5 of the Public Utilities Code is amended to read:

353.5.
 Each (a)  The commission shall direct each  electrical corporation, as part of its distribution planning process, shall  to establish a minimum target for nonutility owned distributed energy resources in its procurement plans and to  consider nonutility owned distributed energy resources as a possible alternative to investments in its distribution system in order to ensure reliable electric service at the lowest possible cost.
(b) The commission shall authorize each electrical corporation to retain as a shareholder benefit, a percentage of the ratepayer savings realized from the deployment of nonutility owned distributed energy resources that is equal to the authorized rate of return for the year in which the savings occur.

SEC. 10.

 Section 353.7 of the Public Utilities Code is amended to read:

353.7.
 Notwithstanding (a)  Except for the requirements of  Section 353.3, nothing in this article may result in any exemption from reasonable interconnection charges, lead to any reduction in contributions by each customer class to public purpose programs funded under Section 399.8, or relieve any customer of any obligation determined by the commission to result from participation in the purchase of power through the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code.
(b) A customer receiving electricity through a direct transaction that is subject to a cost responsibility surcharge, as determined by the commission, that installs ultraclean and low-emission distributed generation resources, shall only be responsible for the cost responsibility surcharge that is applicable to the distributed energy resource departing load and is not responsible for the direct access cost responsibility surcharge for the electricity that the ultraclean and low-emission distributed generation resource generates.

SEC. 11.

 Section 353.13 of the Public Utilities Code is amended to read:

353.13.
 (a) The commission shall require each electrical corporation to establish new tariffs on or before January 1, 2003, 2006,  for customers using distributed energy resources, including, but not limited to, those that do not meet all of the criteria described in Section 353.1.  Sections 353.1 and 353.2.  However, after January 1, 2003, 2006,  distributed energy resources that meet all of the criteria described in Section 353.1 shall continue to be subject only to those tariffs in existence pursuant to Section 353.3, until June 1, 2011, except that installations that do not operate in a combined heat and power application will be subject to those tariffs in existence pursuant to Section 353.3 only until June 1, 2006.  2014.  Those tariffs required pursuant to this section shall ensure that all net distribution costs incurred to serve each customer class, taking into account the actual costs and benefits of distributed energy resources, proportional to each customer class, as determined by the commission, are fully recovered only from that class, except that the commission shall require that those benefits that inure to all rate classes, be netted from the costs, if any, in each customer  class. The commission shall require each electrical corporation, in establishing those rates, to ensure that customers with similar load profiles within a customer class will, to the extent practicable, be subject to the same utility rates, regardless of their use of distributed energy resources to serve onsite loads or over-the-fence transactions allowed under Sections 216 and 218. Customers with dedicated facilities shall remain responsible for their obligations regarding payment for those facilities.
(b) The commission shall prepare and submit to the Legislature, on or before June 1, 2005, a report describing its proposed methodology for determining the new rates and the process by which it will establish those rates.
(b) (c)  In establishing the tariffs, the commission shall consider coincident peakload, and the reliability of the onsite generation, as determined by the frequency and duration of outages, so that customers with more reliable onsite generation and those that reduce peak demand pay a lower cost-based rate.
(d) To ensure that customers with distributed energy resources receive the economic benefits of their investment and pay the true economic costs when their distributed energy resources system is unreliable, the commission shall require each electrical corporation to modify its tariffs so that both of the following occur:
(1) The component of the tariff commonly referred to as the “demand charge” is calculated on a daily basis and measured against the actual peak rate for the period of the day when the demand is called for by that customer.
(2) A premium of 10 percent is assessed on the generation component of the rate for that period of time when the customer’s distributed energy resources equipment was unavailable due to an unplanned outage. Customers shall not be penalized for outages during off-peak periods or if it provides an electrical corporation a 14-day advance notice for peak outages.

SEC. 12.

 Section 353.14 is added to the Public Utilities Code, to read:

353.14.
 Where nonbypassable charges are duplicated as a result of switching from electric to gas service, charges levied under gas rate schedules that support the same programs covered by the nonbypassable electric charges may not be assessed on customers.

SEC. 13.

 Section 379.6 of the Public Utilities Code is amended to read:

379.6.
 (a) (1) It is the intent of the Legislature that the self-generation incentive program increase deployment of distributed generation and energy storage systems to facilitate the integration of those resources into the electrical grid, improve efficiency and reliability of the distribution and transmission system, and reduce emissions of greenhouse gases, peak demand, and ratepayer costs. It is the further intent of the Legislature that the commission, in future proceedings, provide for an equitable distribution of the costs and benefits of the program.
(2) (a)  The commission, in consultation with the Energy Commission, may authorize the annual collection of not more than double the amount authorized for the self-generation incentive program in the 2008 calendar year, through December 31, 2024. The commission shall require the administration of the program for distributed energy resources originally established pursuant to Chapter 329 of the Statutes of 2000  State Energy Resources Conservation and Development Commission, shall  until January 1, 2026. On January 1, 2026, the commission shall provide repayment of all unallocated funds collected pursuant to this section to reduce ratepayer costs. 2008, administer a self-generation incentive program for distributed generation resources, in the same form as exists on January 1, 2004. 
(b) (1) Notwithstanding  Eligibility for incentives under   subdivision (a),  the self-generation incentive program that are funded through the annual collection authorized pursuant to paragraph (2) of subdivision (a) shall be limited to distributed energy resources that the commission, in consultation with the State Air Resources Board, determines will achieve reductions in emissions of greenhouse gases pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). shall do all of the following: 
(2) On or before July 1, 2015, the commission shall update the factor for avoided greenhouse gas emissions based on both the most recent data available to the State Air Resources Board for greenhouse gas emissions from electricity sales in the self-generation incentive program administrators’ service areas and current estimates of greenhouse gas emissions over the useful life of the distributed energy resource, including consideration of the effects of the California Renewables Portfolio Standard.
(3) The commission shall adopt requirements for energy storage systems to ensure that eligible energy storage systems reduce the emissions of greenhouse gases.
(c) (1)  Eligibility for the funding of any Commencing January 1, 2005, require all  combustion-operated distributed generation projects using fossil fuel is subject to all of the following fuels to meet an oxides of nitrogen (NO x conditions: ) emissions rate standard of 0.14 pounds per megawatthour to be eligible for self-generation rebates. 
(1) (2)  An  Commencing January 1, 2007, require all combustion-operated distributed generation projects using fossil fuels to meet an  oxides of nitrogen (NOx) emissions rate standard of 0.07 pounds per megawatthour and a minimum efficiency of 60 percent, or any other NO to be eligible for 
x
emissions rate and minimum efficiency standard adopted by the State Air Resources Board.  self-generation rebates.  A minimum efficiency of 60 percent shall be measured as useful energy output divided by fuel input. The efficiency determination shall be based on 100-percent  100 percent  load.
(2) (3)  Combined heat and power units that meet the 60-percent efficiency standard may take a credit to meet the applicable NO oxides of nitrogren (NO x emissions ) emission  standard of 0.14 pounds per megawatthour or  0.07 pounds per megawatthour. Credit shall be at the rate of one megawatthour for each 3,400,000 British thermal units (Btus) 3.4 million British Thermal Units (BTUs)  of heat recovered.
(3) The customer receiving incentives shall adequately maintain and service the combined heat and power units so that during operation the system continues to meet or exceed the efficiency and emissions standards established pursuant to paragraphs (1) and (2).
(4) Notwithstanding paragraph (1), a project that does not meet the applicable NOx emissions standard is eligible if it meets both of the following requirements:
(A) The project operates solely on waste gas. The commission shall require a customer that applies for an incentive pursuant to this paragraph to provide an affidavit or other form of proof that specifies that the project shall be operated solely on waste gas. Incentives awarded pursuant to this paragraph shall be subject to refund and shall be refunded by the recipient to the extent the project does not operate on waste gas. As used in this paragraph, “waste gas” means natural gas that is generated as a byproduct of petroleum production operations and is not eligible for delivery to the utility pipeline system.
(B) The air quality management district or air pollution control district, in issuing a permit to operate the project, determines that operation of the project will produce an onsite net air emissions benefit compared to permitted onsite emissions if the project does not operate. The commission shall require the customer to secure the permit before receiving incentives.
(d) In determining the eligibility for the self-generation incentive program, minimum system efficiency shall be determined either by calculating electrical and process heat efficiency as set forth in Section 216.6, or by calculating overall electrical efficiency.
(e) (4)  Eligibility for incentives under the self-generation incentive program shall be limited to distributed energy resource technologies that the commission determines meet all of the following requirements: Allow all projects that meet the definitions in Sections 353.1 and 353.2 of distributed energy resources to participate in the program provided that only the first 1,000 kilowatts of facility capacity shall be eligible for the funds.  
(1) The distributed energy resource technology shifts onsite energy use to off-peak time periods or reduces demand from the grid by offsetting some or all of the customer’s onsite energy load, including, but not limited to, net peak electric load.
(2) The distributed energy resource technology is commercially available.
(3) The distributed energy resource technology safely uses the existing transmission and distribution system.
(4) The distributed energy resource technology improves air quality by reducing criteria air pollutants.
(f) Recipients of the self-generation incentive program funds shall provide relevant data to the commission and the State Air Resources Board, upon request, and shall be subject to onsite inspection to verify equipment operation and performance, including capacity, thermal output, and usage to verify criteria air pollutant and greenhouse gas emissions performance.
(g) In administering the self-generation incentive program, the commission shall determine a capacity factor for each distributed generation system energy resource technology in the program.
(h) (5)  (1) Provide  In   the commission with flexibility in  administering the self-generation incentive program, the commission may adjust the amount of incentives and evaluate  including, but not limited to, flexibility with regard to the amount of rebates, inclusion of other ultraclean and low-emission distributed generation technologies, and evaluation of  other public policy interests, including, but not limited to, ratepayers, energy efficiency, peak load reduction, load management,  and energy efficiency  and environmental interests.
(2) The commission shall consider the relative amount and the cost of greenhouse gas emissions reductions, peak demand reductions, system reliability benefits, and other measurable factors when allocating program funds between eligible technologies.
(i) The commission shall ensure that distributed generation resources are made available in the self-generation incentive program for all ratepayers.
(j) In administering the self-generation incentive program, the commission shall provide an additional incentive of 20 percent from existing program funds for the installation of eligible distributed generation resources manufactured in California.
(k) The costs of the self-generation incentive program shall not be recovered from customers participating in the California Alternate Rates for Energy (CARE) program.
(l) The commission shall evaluate the overall success and impact of the self-generation incentive program based on the following performance measures:
(1) The amount of reductions of emissions of greenhouse gases.
(2) The amount of reductions of emissions of criteria air pollutants measured in terms of avoided emissions and reductions of criteria air pollutants represented by emissions credits secured for project approval.
(3) The amount of energy reductions measured in energy value.
(4) The amount of reductions of customer peak demand.
(5) The ratio of the electricity generated by distributed energy resource generation projects receiving incentives from the self-generation incentive program to the electricity capable of being produced by those projects, commonly known as a capacity factor.
(6) The value to the electrical transmission and distribution system measured in avoided costs of transmission and distribution upgrades and replacement.
(7) The ability to improve onsite electricity reliability as compared to onsite electricity reliability before the self-generation incentive program technology was placed in service.
(m) On and after January 1, 2020, generation technologies using nonrenewable fuels shall not be eligible for incentives under the self-generation incentive program.

SEC. 14.

 Section 2775.8 is added to the Public Utilities Code, to read:

2775.8.
 On or before May 1, 2005, the commission shall require a gas corporation to establish a new distributed energy resources gas rate. This rate shall be a noninterruptible rate and shall include unbundled delivery and commodity components. The price charged to a customer taking service on this rate shall be equal to, or less than, the price charged to any other comparable electric generation rate. This rate shall be available to any natural-gas fueled distributed energy resource that meets the requirements of Sections 353.1 and 353.2.
SEC. 15.
 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.