California 2009-2010 Regular Session Status: Enacted

AB 1918 — Public utilities: procurement: minority-, women-, disabled veteran-owned business enterprises.

Last action — Chaptered by Secretary of State - Chapter 456, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical, gas, water, and telephone corporations. Existing law authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. Existing law directs the commission to require every electrical, gas, water, and telephone corporation with annual gross revenues exceeding $25,000,000, and their regulated subsidiaries and affiliates, to implement a program developed by the commission to encourage, recruit, and utilize minority-, women-, and disabled veteran-owned business enterprises, as defined, in the procurement of contracts from those corporations or from their regulated subsidiaries and affiliates, and to require the reporting of certain information. The commission, by rulemaking, has adopted General Order 156, applicable to certain electrical, gas, and telephone corporations, to effectuate these requirements. This bill would extend the minority-, women-, and disabled veteran-owned business enterprises procurement requirements to wireless telecommunications service providers with gross annual revenues of more than $25,000,000 and would encourage each electrical, gas, water, wireless telecommunications service provider, and telephone corporation that is not required to submit a plan to voluntarily adopt a plan for increasing women, minority, and disabled veteran business enterprise procurement in all categories. (2) Existing law requires the commission to recommend a program and legislation for carrying out the policy of aiding the interests of women, minority, and disabled veteran business enterprises in order to preserve specified objectives. This bill would require the commission, in regards to disabled veteran business enterprises, to ensure that those recommended programs and legislation are consistent with the disabled veteran business enterprise certification eligibility requirements imposed by the Department of General Services and that the recommendations include only those disabled veteran business enterprises certified by the Department of General Services. (3) Existing law requires the commission, by rule or order, to adopt criteria for verifying and determining eligibility of women, minority, and disabled veteran business enterprises for procurement contracts. This bill would instead require the commission to adopt the Department of General Services' disabled veteran business enterprise certification eligibility requirements for verifying and determining eligibility of disabled veteran business enterprises for procurement contracts and would prohibit the commission from deeming eligible those disabled veteran business enterprises that are not certified by the Department of General Services. (4) Existing law requires any person or corporation that falsely represents a business as a women, minority, or disabled veteran business enterprise in the procurement of, or the attempt to procure, contracts from certain electrical, gas, water, or telephone corporations to receive a prescribed punishment. This bill would add wireless telecommunications service providers to that list of corporations and would instead require the punishment for falsely representing a business as a disabled veteran enterprise to conform to penalties imposed pursuant to specified law. (5) This bill would incorporate additional changes in Sections 8281 and 8283 of the Public Utilities Code proposed by AB 2758 of the 2009–10 Regular Session that would become operative only if AB 2758 and this bill are both enacted and become effective before January 1, 2011, and this bill is enacted after AB 2758. (6) Under existing law, a violation of any rules or orders of the commission is a crime. In addition, any person or corporation who falsely represents a business as a woman, minority, or disabled veteran business enterprise for the purposes of the programs discussed above is subject to criminal penalties. Because a violation of the requirements of the bill would be a crime under those provisions, this bill would impose 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 456, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 51. Noes 27. Page 6651.)

  5. Passed on file.

  6. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6562.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 22. Noes 11. Page 4791.)

  9. Read second time. To third reading.

  10. Read third time, amended. To second reading.

  11. Read second time. To third reading.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 3. Noes 0.) (June 22).

  15. From committee: Do pass, and re-refer to Com. on V.A. Re-referred. (Ayes 7. Noes 2.) (June 15).

  16. Referred to Coms. on E., U., & C. and V.A.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 45. Noes 26. Page 5249.)

  19. Read second time. To third reading.

  20. From committee: Do pass. (Ayes 11. Noes 5.) (May 12).

  21. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (April 20).

  22. Re-referred to Com. on J.,E.D., & E.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on J.,E.D., & E. Read second time and amended.

  24. Referred to Com. on J.,E.D., & E.

  25. From printer. May be heard in committee March 19.

  26. Read first time. To print.

Sponsors

  • Davis · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Davis

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 60 Yea · 30 Nay
Party YeaNayPresentNot Voting
Unaffiliated 562800
Democratic 3000
Republican 1200
Total 603000
% of votes cast 67%33%0%0%
How each member voted (90)
Member Party Vote
Carter — Yea
Yamada — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Gatto — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Coto — Yea
Davis — Yea
Bill — Nay
Tom — Nay
Huber — Yea
Huffman — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Block — Yea
Blumenfield — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Audra — Nay
Garrick — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Logue — Nay
Miller — Nay
Norby — Nay
Silva — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Knight — Nay
Lieu — Yea
Ma — Yea
Nestande — Nay
Nielsen — Nay
Ruskin — Yea
Smyth — Nay
Swanson — Yea
Villines — Nay
Eng — Yea
Evans — Yea
DeVore — Nay
Fuller — Nay
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Passed 23 Yea · 11 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 211006
Democratic 2000
Republican 0100
Total 231106
% of votes cast 58%28%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Ducheny — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Runner — Not Voting
Cogdill — Nay
Harman — Not Voting
Hollingsworth — Nay
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Dutton — Nay
Pavley — Yea
Price — Yea
Simitian — Not Voting
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Blakeslee — Nay
Huff — Nay
Liu — Yea
Romero — Yea
Walters — Nay
Wright — Yea
Cedillo — Yea
Corbett — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 7 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Republican 0100
Democratic 1000
Total 7202
% of votes cast 64%18%0%18%
How each member voted (11)
Member Party Vote
Dutton — Nay
Lowenthal — Yea
Simitian — Yea
Kehoe — Yea
Oropeza — Not Voting
Wright — Yea
Corbett — Yea
Cox — Not Voting
Florez — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 50 Yea · 29 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 4627012
Democratic 3000
Republican 1200
Total 5029012
% of votes cast 55%32%0%13%
How each member voted (91)
Member Party Vote
Carter — Yea
Eng — Yea
Chesbro — Yea
Fuentes — Yea
Furutani — Yea
Davis — Yea
Hall — Yea
Hernandez — Yea
Charles — Yea
Huber — Yea
De — Yea
Leon — Yea
Fong — Yea
Bass — Yea
Beall — Yea
Block — Yea
Huffman — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Cook — Nay
Bill — Nay
Tom — Nay
Evans — Not Voting
Audra — Nay
Fuller — Nay
De — Not Voting
La — Not Voting
Torre — Not Voting
Fletcher — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Garrick — Nay
Hagman — Nay
Harkey — Not Voting
Anderson — Nay
Blakeslee — Nay
Knight — Nay
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Not Voting
Norby — Nay
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Jeffries — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torres — Yea
Villines — Not Voting
Conway — Nay
Emmerson — Nay
Coto — Not Voting
Feuer — Yea
DeVore — Nay
Yamada — Yea
Galgiani — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11501
Democratic 0001
Total 11502
% of votes cast 61%28%0%11%
How each member voted (18)
Member Party Vote
Charles — Not Voting
Hall — Yea
Harkey — Nay
Hill — Yea
Conway — Nay
Coto — Yea
Davis — Yea
Norby — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Yea
Miller — Nay
Nielsen — Nay
Torrico — Yea
Fuentes — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 1918 do?
(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical, gas, water, and telephone corporations. Existing law authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. Existing law directs the commission to require every electrical, gas, water, and telephone corporation with annual gross revenues exceeding $25,000,000, and their regulated subsidiaries and affiliates, to implement a program developed by the commission to encourage, recruit, and utilize minority-, women-, and disabled veteran-owned business enterprises, as defined, in the procurement of contracts from those corporations or from their regulated subsidiaries and affiliates, and to require the reporting of certain information. The commission, by rulemaking, has adopted General Order 156, applicable to certain electrical, gas, and telephone corporations, to effectuate these requirements. This bill would extend the minority-, women-, and disabled veteran-owned business enterprises procurement requirements to wireless telecommunications service providers with gross annual revenues of more than $25,000,000 and would encourage each electrical, gas, water, wireless telecommunications service provider, and telephone corporation that is not required to submit a plan to voluntarily adopt a plan for increasing women, minority, and disabled veteran business enterprise procurement in all categories. (2) Existing law requires the commission to recommend a program and legislation for carrying out the policy of aiding the interests of women, minority, and disabled veteran business enterprises in order to preserve specified objectives. This bill would require the commission, in regards to disabled veteran business enterprises, to ensure that those recommended programs and legislation are consistent with the disabled veteran business enterprise certification eligibility requirements imposed by the Department of General Services and that the recommendations include only those disabled veteran business enterprises certified by the Department of General Services. (3) Existing law requires the commission, by rule or order, to adopt criteria for verifying and determining eligibility of women, minority, and disabled veteran business enterprises for procurement contracts. This bill would instead require the commission to adopt the Department of General Services' disabled veteran business enterprise certification eligibility requirements for verifying and determining eligibility of disabled veteran business enterprises for procurement contracts and would prohibit the commission from deeming eligible those disabled veteran business enterprises that are not certified by the Department of General Services. (4) Existing law requires any person or corporation that falsely represents a business as a women, minority, or disabled veteran business enterprise in the procurement of, or the attempt to procure, contracts from certain electrical, gas, water, or telephone corporations to receive a prescribed punishment. This bill would add wireless telecommunications service providers to that list of corporations and would instead require the punishment for falsely representing a business as a disabled veteran enterprise to conform to penalties imposed pursuant to specified law. (5) This bill would incorporate additional changes in Sections 8281 and 8283 of the Public Utilities Code proposed by AB 2758 of the 2009–10 Regular Session that would become operative only if AB 2758 and this bill are both enacted and become effective before January 1, 2011, and this bill is enacted after AB 2758. (6) Under existing law, a violation of any rules or orders of the commission is a crime. In addition, any person or corporation who falsely represents a business as a woman, minority, or disabled veteran business enterprise for the purposes of the programs discussed above is subject to criminal penalties. Because a violation of the requirements of the bill would be a crime under those provisions, this bill would impose 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.
Who sponsors AB 1918?
AB 1918 is sponsored by Davis.
What is the current status of AB 1918?
This bill has been enacted into law. Introduced February 16, 2010. Enacted.
Where can I track AB 1918?
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