Bill Text: CA AB1668 | 2013-2014 | Regular Session | Chaptered


Bill Title: Educational facilities: California Educational

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-21 - Chaptered by Secretary of State - Chapter 154, Statutes of 2014. [AB1668 Detail]

Download: California-2013-AB1668-Chaptered.html
BILL NUMBER: AB 1668	CHAPTERED
	BILL TEXT

	CHAPTER  154
	FILED WITH SECRETARY OF STATE  JULY 21, 2014
	APPROVED BY GOVERNOR  JULY 21, 2014
	PASSED THE SENATE  JULY 3, 2014
	PASSED THE ASSEMBLY  APRIL 24, 2014

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 12, 2014

   An act to amend Sections 94110, 94140, 94143, 94144, 94146, and
94149 of, and to add Section 94145.5 to, the Education Code, relating
to educational facilities, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1668, Wieckowski. Educational facilities: California
Educational Facilities Authority.
   (1) Existing law, the California Educational Facilities Authority
Act, establishes the California Educational Facilities Authority for
purposes of, among other things, providing private institutions of
higher education within the state an additional means by which to
expand, enlarge, and establish certain educational facilities,
finance those facilities, and refinance existing facilities. Under
the act, existing law defines "bond" to mean bonds, notes,
debentures, or other securities of the authority issued pursuant to
the act.
   This bill would instead define "bond" to mean bonds, notes,
debentures, securities, or other evidences of indebtedness of the
authority issued pursuant to the act.
   (2) Existing law provides that the authority has the power to,
among other things, receive and accept, from any federal or other
public agency or governmental entity, grants or loans for or in aid
of the acquisition or construction of any project, and to receive and
accept aid or contributions from any other source, of either money,
property, labor, or other things of value, to be held, used, and
applied only for the purposes for which the grants, loans, and
contributions may be made.
   This bill would instead provide that the authority has the power
to, among other things, receive and accept from any source, loans,
contributions, or grants for, or in aid of, the acquisition,
construction, financing, or refinancing of a project, or any portion
of a project, in money, property, labor, or other things of value.
   (3) Existing law authorizes the authority, from time to time, to,
among other things, issue its negotiable notes and negotiable bonds
for any corporate purpose. Existing law also authorizes the authority
to issue negotiable bond anticipation notes in anticipation of the
sale of the negotiable bonds.
   This bill would instead authorize the authority, from time to
time, to, among other things, issue notes and bonds for any corporate
purpose. The bill would authorize the authority to issue bond
anticipation notes in anticipation of the sale of the bonds.
   (4) Existing law, in the discretion of the authority, authorizes
any bonds issued under the act to be secured by a trust agreement by
and between the authority and a corporate trustee or trustees, as
specified. Existing law authorizes the trust agreement or resolution
providing for the issuance of bonds to contain any provisions the
authority deems reasonable and proper for the security of the
bondholders, including any provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and
proper.
   This bill would provide that any provision the authority may
include in a trust agreement or resolution providing for the issuance
of bonds under the act may also be included in a bond and the
provision shall have the same effect.
   (5) Existing law requires a bond issued under the provisions of
the act to contain on its face a statement to the effect that, among
other things, neither the state nor the authority shall be obligated
to pay the bond or the interest on the bond except from the revenues
of the project, or the portion of the project, for which the bond is
issued.
   This bill would require the statement described above to be
included on the bond, but not necessarily on its face.
   (6) Existing law requires all moneys received pursuant to the
authority of the act to be deemed to be trust funds to be held and
applied solely as provided in the act, whether as proceeds from the
sale or bonds or as revenues.
   This bill would instead require all moneys received pursuant to
the authority of the act to be deemed to be trust funds to be held
and applied solely as provided for in the act, whether as proceeds
from selling or incurring bonds or as revenues. The bill would also
make numerous nonsubstantive changes to these provisions.
   (7) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 94110 of the Education Code is amended to read:

   94110.  As used in this chapter, the following words and terms
have the following meanings, unless the context indicates or requires
another or different meaning or intent:
   (a) "Authority" means the California Educational Facilities
Authority created by this chapter or any board, body, commission,
department, or officer succeeding to the principal functions of the
authority or to whom the power conferred upon the authority by this
chapter is given by law.
   (b) "Bond" means bonds, notes, debentures, securities, or other
evidences of indebtedness of the authority issued pursuant to this
chapter.
   (c) "Cost," as applied to a project or portion of a project
financed under this chapter, means all, or any part of, the cost of
construction and acquisition of lands, structures, real or personal
property, rights, rights-of-way, franchises, easements, and interests
acquired or used for a project, the cost of demolishing or removing
buildings or structures on acquired land, including the cost of
acquiring lands to which the buildings or structures may be moved,
the cost of machinery and equipment, financing charges, interest
before, during, and for a period after completion of, the
construction as determined by the authority, provisions for working
capital, reserves for principal and interest and for extension,
enlargements, additions, replacements, renovations and improvements,
the cost of engineering, financial and legal services, plans,
specifications, studies, surveys, estimates, administrative expenses,
and other expenses necessary or incidental to determining the
feasibility of constructing a project or incident to the construction
or acquisition or financing of a project.
   (d) "Dormitory" means a housing unit with necessary and usual
attendant and related facilities and equipment.
   (e) (1) "Educational facility" means a dormitory, dining hall,
student union, administration building, academic building, library,
laboratory, research facility, classroom, health care facility
(including for an institution of higher education that maintains and
operates a school of medicine, structures or facilities designed to
provide services as a hospital or clinic, whether the hospital or
clinic is operated directly by the institution of higher education or
by a separate nonprofit corporation, the members of which consist of
the educational institution or the members of its governing body),
faculty and staff housing, parking, maintenance, storage, or utility
facilities, and other related structures or facilities used for
student instruction, conducting research, or operating an institution
for higher education, and related facilities and equipment.
   (2) "Educational facility" does not include a facility used, or to
be used, for sectarian instruction or as a place for religious
worship, or a facility used, or to be used, primarily in connection
with a part of the program of a school or department of divinity.
   (f) "Faculty and staff housing" means a residential unit owned by
a participating college or participating nonprofit entity for use by
an individual holding a faculty appointment or a staff position at a
public university, public college, or participating college.
   (g) "Participating nonprofit entity" means an entity within the
meaning of paragraph (3) of subsection (c) of Section 501 of Title 26
of the United States Code that, pursuant to this chapter for the
purpose of owning student, faculty, or staff housing, as approved by,
and for participation with, the authority, undertakes the financing
and construction or acquisition of student, faculty, or staff
housing, on real property owned or leased by the entity, for the
benefit of a public college, public university, or participating
private college. The authority may determine any additional
qualifications of a participating nonprofit entity through
regulations or guidelines.
   (h) "Participating private college" or "participating college"
means a private college that participates with the authority in
undertaking the financing and construction or acquisition of a
project and does not restrict the admission of a student based on his
or her race or ethnicity, provided that the financing does not
violate Section 5 of Article XVI of the California Constitution or
the establishment clause of the First Amendment to the United States
Constitution.
   (i) (1) "Private college" means an institution for higher
education other than a public college, situated within the state and
that, by virtue of law or charter, is a nonprofit private or
independent degree-granting educational institution that is
regionally accredited and empowered to provide a program of education
beyond the high school level.
   (2) For purposes of obtaining financing under this chapter,
"private college" also includes either of the following:
   (A) A nonprofit affiliate, established on or before January 1,
2005, of one or more private colleges, as defined in paragraph (1),
the sole or primary purpose of which is to provide administrative or
other support services to an affiliated private college or private
colleges, and that undertakes the financing of a project for the
exclusive use and benefit of one or more of the affiliated private
colleges.
   (B) A private nonprofit research organization engaged in basic
research and advanced education at the predoctoral and postdoctoral
levels through personnel situated within the state, but only if the
organization previously has borrowed the proceeds of bonds or other
obligations previously issued by the authority.
   (j) (1) "Project" means a dormitory or an educational facility,
faculty or staff housing, or any combination thereof, or any function
concerning student loans, or interests in student loans, as
determined by the authority.
   (2) For a participating nonprofit entity, "project" means the
construction or acquisition of student housing or faculty and staff
housing. The authority, in consultation with the top administrative
officials and the participating nonprofit entity, shall develop and
adopt regulations to ensure, to the greatest extent practicable, that
each project involving a participating nonprofit entity is used to
house students, faculty, or staff of the participating private
college, public college, or public university. The student, faculty,
or staff housing shall meet all of the following criteria:
   (A) Upon completion or acquisition of the project, the project
will be owned by a participating nonprofit entity and located on real
property owned, or leased by, that entity.
   (B) The top administrative official of the public university,
public college, or participating private college that the project is
intended to benefit, verifies the need for housing and financing
assistance in a specific area pursuant to subparagraph (D).
   (C) The project is monitored on an annual basis by the authority
to ensure that it meets the requirements of subparagraph (E) and all
other regulatory agreements entered into by the authority.
   (D) The project is located within a five-mile radius of the
boundary of a campus or satellite center of the public college,
public university, or participating private college that the project
is intended to benefit. The participating nonprofit entity may
request approval from the top official of the institution for a
project that is located outside the five-mile radius, provided that
all of the following criteria are met:
   (i) There are no available and feasible sites within the five-mile
radius.
   (ii) The project is near a mass transit destination.
   (iii) The time required to commute from campus to the mass transit
destination, as estimated by the top administrative official,
typically does not exceed 30 minutes.
   (E) (i) The project includes and maintains for 40 years a
restriction to the grant deed on the real property on which the
student or faculty and staff housing is to be located. The grant deed
shall accomplish all of the following:
   (I) Give the public college, public university, or participating
private college that the project is intended to benefit the right,
but not the obligation, to purchase the property at fair market
value.
   (II) Ensure that students, faculty, or staff of the affected
campus will have first right of refusal to all available units.
   (III) Require that, to the greatest extent feasible, at least 50
percent of student residents will meet the criteria for need-based
financial assistance, as determined by the top administrative
official of the affected campus.
   (IV) Require that all contracts for construction and renovation of
the proposed project shall be subject to, and comply with the
provisions referenced in, Section 10128 of the Public Contract Code.
   (ii) For purposes of this subparagraph, the authority, through
regulation or rule, shall define "student" and "faculty," taking into
consideration enrollment status requirements and employment status
requirements. The definitions of "student" and "faculty" may be
different for each participating campus.
   (k) "Public college" means a community college.
   (  l  ) "Public university" means any campus of the
University of California, the California State University, or the
Hastings College of the Law.
   (m) "Student housing" means a residential unit owned by a
participating nonprofit entity, and located on real property owned by
that entity, for use by an individual enrolled at a public college,
public university, or participating private college.
   (n) "Student loan" means a loan having terms and conditions
acceptable to the authority that is made to finance or refinance the
costs of attendance at a private college or a public college and that
is approved by the authority, if the loan is originated pursuant to
a program that is approved by the authority.
   (o) "Top administrative official" means the chancellor in the case
of a campus of the University of California, the dean in the case of
the Hastings College of the Law, the president in the case of a
campus of the California State University, the president in the case
of a campus of the California Community Colleges, or the president or
highest ranking official in the case of a participating private
college.
  SEC. 2.  Section 94140 of the Education Code is amended to read:
   94140.  The authority shall have power to do all of the following:

   (a) Adopt bylaws for the regulation of its affairs and the conduct
of its business.
   (b) Adopt and have an official common seal and alter it at
pleasure.
   (c) Sue and be sued in its own name, and plead and be impleaded.
   (d) Borrow money, issue bonds and notes and other obligations of
the authority, and provide for the rights of the holders thereof as
provided in this chapter.
   (e) Acquire, lease as lessee, hold, and dispose of real and
personal property or any interest therein, in the exercise of its
powers and the performance of its duties under this chapter.
   (f) Acquire, in the name of the authority by purchase or
otherwise, on the terms and conditions and in the manner as it deems
proper, any land or interest in land and other property that it
determines is reasonably necessary for a project, including any lands
held by a county, municipality, or other governmental subdivision of
the state, to hold and use the property, and to sell, convey, lease,
or otherwise dispose of the acquired property that is no longer
necessary for the authority's purposes.
   (g) Receive and accept, from any source, loans, contributions, or
grants for, or in aid of, the acquisition, construction, financing,
or refinancing of a project, or any portion of a project, in money,
property, labor, or other things of value.
   (h) Prepare, or cause to be prepared, plans, specifications,
designs, and estimates of costs for the construction and equipment of
projects for participating colleges and participating nonprofit
entities under this chapter, and from time to time to modify those
plans, specifications, designs, or estimates.
   (i) By contract or contracts, or by its own employees, to
construct, acquire, reconstruct, rehabilitate and improve, and
furnish and equip, projects for participating colleges and
participating nonprofit entities.
   (j) Employ consulting engineers, architects, accountants,
construction and financial experts, superintendents, and other
employees and agents that may be necessary in its judgment and to fix
their compensation.
   (k) Determine the location and character of any project to be
undertaken pursuant to this chapter, and construct, reconstruct,
repair, lease, as lessee or lessor, the project, enter into contracts
for any or all of those purposes, and designate a participating
private college or participating nonprofit entity as its agent to
determine the location and character of a project undertaken by the
participating private college or participating nonprofit entity under
this chapter and, as the agent of the authority, construct,
reconstruct, maintain, repair, operate, lease, as lessee or lessor,
and regulate the project and, as agent of the authority, to enter
into contracts for any and all of those purposes including contracts
for the management and operation of the project.
   (  l  ) Establish rules and regulations for the use of a
project, or any portion of a project, and to designate a
participating private college or participating nonprofit entity as
its agent to establish rules and regulations for the use of a project
undertaken by the participating private college or participating
nonprofit entity.
   (m) Generally establish, revise from time to time, and charge and
collect, rates, rents, fees, and other charges for the use of and for
the services furnished or to be furnished by a project, or any
portion of a project, and contract with holders of its bonds and with
any other person, party, association, corporation, or other body,
public or private, in respect thereof.
   (n) Enter into any and all agreements or contracts, execute any
and all instruments, and do and perform any and all acts or things
necessary, convenient, or desirable for the purposes of the authority
or to carry out any power expressly given in this chapter.
   (o) Invest any moneys held in reserve or sinking funds, or any
moneys not required for immediate use or disbursement, at the
discretion of the authority, in obligations that are authorized by
law for the investment of trust funds in the custody of the
Treasurer.
   (p) Charge, and equitably apportion among participating private
colleges and participating nonprofit entities, its administrative
costs and expenses incurred in the exercise of the powers and duties
conferred by this chapter.
   (q) Finance, directly or through an intermediary, or purchase or
take assignments of, or make commitments to finance, directly or
through an intermediary, or purchase or to take assignments of,
student loans, to contract in advance for those student loans, and to
contract in advance for that financing, purchase, or assignment, and
to pay any amounts payable in respect thereto. A student loan shall
be eligible for financing or purchase by the authority or for
assignment hereunder regardless of the repayment status of the loan.
A pledge made to secure authority financing for student loan project
purposes shall be valid and binding from the time the pledge is made.
The revenues and receipts of property or interest in the property
pledged and thereafter received by the authority, a participating
college or public institution of higher education, a servicer, a
trustee, or a custodian shall immediately be subject to the lien of
the pledge without any physical delivery thereof or further act, and
the lien of a pledge shall be valid and binding against all parties
having claims of any kind in tort, contract, or otherwise against the
authority, participating college or public institution of higher
education, servicer, trustee, or custodian irrespective of whether
the parties have notice thereof. Neither the resolution nor any other
instrument by which a pledge is created need be recorded.
   (r) Hold or invest in student loans, create pools of student
loans, and sell bonds bearing interest on a taxable or tax-exempt
basis or other interests backed by the pools of student loans.
   (s) Contract or otherwise provide for the distribution,
processing, origination, purchase, sale, servicing, securing, and
collection of student loans, the payment of fees, charges, and
administrative expenses in connection with student loans, and the
funding of reserves required or provided for in any resolution
authorizing, or trust agreement securing, authority financing for
student loan purposes.
   (t) Assist in providing support to participating colleges or
participating nonprofit entities to enhance the market acceptance of
potential bond issues by the authority, including securing probable
or actual credit ratings from nationally recognized bond rating
agencies, providing or obtaining liquidity or credit enhancement,
providing or securing bond reserve funds, performing any other action
deemed necessary by the authority, and incurring necessary expenses,
payable from available authority funds, for any of these purposes.
  SEC. 3.  Section 94143 of the Education Code is amended to read:
   94143.  The authority is authorized from time to time to issue its
notes for any corporate purpose and renew from time to time any
notes by the issuance of new notes, whether the notes to be renewed
have or have not matured. The authority may issue notes partly to
renew notes or to discharge other obligations then outstanding and
partly for any other purpose. The notes may be authorized, sold,
executed and delivered in the same manner as bonds. A resolution or
resolutions authorizing notes of the authority or any issue of notes
of the authority may contain any provisions that the authority is
authorized to include in a resolution or resolutions authorizing
bonds of the authority or any issue of bonds of the authority, and
the authority may include in the notes any terms, covenants or
conditions that it is authorized to include in bonds. Notes issued by
the authority shall be payable from revenues of the authority or
other moneys available for payment of notes and not otherwise
pledged, subject only to any contractual rights of the holders of its
notes or other obligations then outstanding.
  SEC. 4.  Section 94144 of the Education Code is amended to read:
   94144.  (a) The authority is authorized from time to time to issue
its bonds for any corporate purpose. In anticipation of the sale of
the bonds, the authority may issue bond anticipation notes and may
renew the bond anticipation notes from time to time. The bond
anticipation notes shall be paid from any revenues of the authority
or other moneys available for payment of bond anticipation notes and
not otherwise pledged, or from the proceeds of sale of the bonds of
the authority in anticipation of which the bond anticipation notes
were issued. The bond anticipation notes shall be issued in the same
manner as the bonds. The bond anticipation notes and the resolution
or resolutions authorizing the bond anticipation notes may contain
any provisions, conditions, or limitations which a bond resolution of
the authority may contain.
   (b) Except as may otherwise be expressly provided by the
authority, every issue of its bonds or notes shall be general
obligations of the authority payable from any revenues or moneys of
the authority available for payment of the bonds or notes and not
otherwise pledged, subject only to any agreements with the holders of
particular bonds or notes pledging any particular revenues or moneys
and subject to any agreements with any participating institution.
Negotiable bonds and notes shall be and be deemed to be, for all
purposes, negotiable instruments, notwithstanding the fact that the
negotiable bonds or notes may be payable from a special fund, subject
only to the provisions of the bonds or notes for registration.
   (c) (1) The bonds may be issued as serial bonds or as term bonds,
or the authority, in its discretion, may issue bonds of both types.
The bonds shall be authorized by resolution of the authority, and
shall bear the date or dates, mature at a time or times, not
exceeding 50 years from their respective dates, bear interest at the
rate or rates, be payable at the time or times, be in denominations,
be in a form, either coupon or registered, carry registration
privileges, be executed in a manner, be payable in lawful money of
the United States of America at a place or places, and be subject to
the terms of redemption that the resolution or resolutions may
provide. The bonds or notes may be sold by the Treasurer at public
sale, or the authority, after giving due consideration to the
recommendations of the participating institution or participating
nonprofit entity, may direct the Treasurer to sell the bonds or notes
at private sale.
   (2) In the case of public sale, both of the following shall occur:

   (A) The bonds specified in the resolution shall be sold by the
Treasurer, at a time fixed by him or her, and upon notice that he or
she may deem advisable, or at the time to which the sale shall have
been continued, at public sale, upon sealed bids, to the bidder whose
bid will result in the lowest net interest cost on account of the
bonds.
   (B) If no bids are received, or if the Treasurer determines that
the bids are not satisfactory, the Treasurer may reject all bids
received, if any, and either readvertise or sell the bonds at private
sale.
   (3) Pending preparation of the definitive bonds, the authority may
issue interim receipts or certificates that shall be exchanged for
the definitive bonds.
   (d) A resolution or resolutions authorizing bonds or an issue of
bonds may contain provisions, which shall be a part of the contract
with the holders of the bonds to be authorized, as to all of the
following:
   (1) Pledging the full faith and credit of the authority or
pledging all or any part of the revenues of a project or any
revenue-producing contract or contracts made by the authority with
any individual, partnership, corporation, or association or other
body, public or private, to secure the payment of the bonds or of any
particular issue of bonds, subject to those agreements with
bondholders that may then exist.
   (2) The rents, fees, and other charges to be charged, and the
amounts to be raised in each year by the rents, fees, and other
charges to be charged, and the use and disposition of the revenues.
   (3) The setting aside of reserves or sinking funds, and the
regulation and disposition of the reserves or sinking funds.
   (4) Limitations on the right of the authority or its agent to
restrict and regulate the use of the project.
   (5) Limitations on the purpose to which the proceeds of sale of an
issue of bonds then or thereafter to be issued may be applied and
pledging the proceeds of sale to secure the payment of the bonds or
an issue of the bonds.
   (6) Limitations on the issuance of additional bonds, the terms
upon which additional bonds may be issued and secured, and the
refunding of outstanding bonds.
   (7) The procedure, if any, by which the terms of a contract with
bondholders may be amended or abrogated, the amount of bonds the
holders of which must consent thereto, and the manner in which that
consent may be given.
   (8) Limitations on the amount of moneys derived from the project
to be expended for operating, administrative, or other expenses of
the authority.
   (9) Defining the acts or omissions to act that constitute a
default in the duties of the authority to holders of its obligations,
and providing the rights and remedies of the holders in the event of
a default.
   (10) The mortgaging of a project and the site of the project for
the purpose of securing the bondholders.
   (e) Members of the authority and persons executing the bonds or
notes shall not be liable personally on the bonds or notes or be
subject to any personal liability or accountability by reason of the
issuance of the bonds or notes.
   (f) The authority shall have the power to purchase its bonds or
notes out of any funds available for purchasing its bonds or notes.
The authority may hold, pledge, cancel, or resell the bonds, subject
to and in accordance with agreements with bondholders.
  SEC. 5.  Section 94145.5 is added to the Education Code, to read:
   94145.5.  Any provision the authority may include in a trust
agreement of or resolution providing for the issuance of bonds
pursuant to this chapter may also be included in a bond and the
provision shall have the same effect.
  SEC. 6.  Section 94146 of the Education Code is amended to read:
   94146.  (a) Bonds issued under the provisions of this chapter
shall not be deemed to constitute a debt or liability of the state or
of any political subdivision of the state, or a pledge of the faith
and credit of the state or of any political subdivision other than
the authority, but shall be payable solely from the funds herein
provided. All bonds shall contain a statement to the effect that
neither the State of California nor the authority shall be obligated
to pay the bond or the interest on the bond except from revenues of
the project, or the portion of the project, for which the bonds are
issued and that neither the faith and credit nor the taxing power of
the state or of any political subdivision of the state is pledged to
the payment of the principal of, or the interest on, the bonds.
   (b) The issuance of bonds under the provisions of this chapter
shall not directly, indirectly, or contingently obligate the state or
any political subdivision of the state to levy or to pledge any form
of taxation whatever therefor or to make an appropriation for
payment of the bonds. This section shall not prevent or be construed
to prevent the authority from pledging its full faith and credit, or
the full faith and credit of a participating private college or
participating nonprofit entity, to the payment of bonds or issue of
bonds authorized pursuant to this chapter.
  SEC. 7.  Section 94149 of the Education Code is amended to read:
   94149.  All moneys received pursuant to the authority of this
chapter, whether as proceeds from selling or incurring bonds, or as
revenue, shall be deemed to be trust funds to be held and applied
solely as provided in this chapter. Notwithstanding any other law,
until the funds are applied as provided in this chapter, the moneys
may be invested in any obligations or securities authorized by
resolutions of the authority authorizing the issuance of the bonds.
An officer with whom, or any bank or trust company with which, the
moneys are deposited shall act as trustee of the
                       moneys and shall hold and apply the moneys for
the purposes hereof, subject to any regulations adopted pursuant to
this chapter and the resolution authorizing the issuance of any bonds
or the trust agreement securing the bonds.
  SEC. 8.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to prevent the loss of additional revenue, it is
necessary that this bill go into immediate effect.
                          
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