California 2009-2010 Regular Session Status: Passed Assembly

AB 2390 — Works of improvement: progress payments: notice: retention proceeds.

Last action — Died on Senate third reading file.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires that, for private and public works of improvement, and in a public works contract, a prime contractor or subcontractor pay to any subcontractor, not later than 10 days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amount allowed the contractor on account of the work performed by the subcontractors, to the extent of each contractor's interest therein, as prescribed. This bill would, instead, require that those amounts be paid not later than 7 days after receipt of each progress payment. (2) Existing law requires, with regard to a contract entered into on or after January 1, 1995, in order to enforce a claim upon any payment bond given in connection with a public work, that a claimant give the 20-day public works bond preliminary notice, as provided. Existing law further authorizes a claimant, if the 20-day public works preliminary bond notice was not given as prescribed by statute, to enforce a claim by giving written notice to the surety and the bond principal, as provided, within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement. This bill would, instead, with regard to a contract entered into on or after January 1, 2011, require that the written notice to be given to the surety and the bond principal be given prior to the completion, as defined, of the project, or recordation of a notice of completion, as specified. (3) Existing law authorizes the Department of General Services, or any other department with authority to enter into contracts, to contract with suppliers for goods and services and for public works. Existing law provides that in a contract relating to the construction of a public work of improvement between the public entity and original contractor, the original contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of retention proceeds withheld cannot exceed the percentage specified in the contract between the public entity and the original contractor. This bill would instead, until January 1, 2015, prohibit retention proceeds from exceeding 5% of the payment, as specified, for those contracts entered into on or after January 1, 2011, between a public entity, as defined, and an original contractor, between an original contractor and a subcontractor, and between all subcontractors thereunder. (4) Existing law contains various provisions relating to contracts for the performance of public works of improvement, including provisions for the payment of progress payments and the disbursing and withholding of retention proceeds. Existing law prohibits progress payments upon these contracts from being made in excess of 95% of the percentage of actual work completed plus a like percentage of the value of material delivered, as specified, and requires the Department of General Services to withhold not less than 5% of the contract price until final completion and acceptance of the project. This bill would instead prohibit progress payments upon these contracts from being made in excess of 100% of the percentage of actual work completed, and would require the Department of General Services to withhold not more than 5% of the contract price until final completion and acceptance of the project, except as specified. (5) The bill would incorporate additional changes made by SB 189 contingent upon the enactment of that bill.

Bill Text

Action History

  1. Died on Senate third reading file.

  2. Ordered to third reading.

  3. Withdrawn from committee.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  5. Withdrawn from committee. Re-referred to Com. on RLS.

  6. In committee: Held under submission.

  7. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  8. In committee: Set, first hearing. Referred to APPR suspense file.

  9. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 1.) (June 29).

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.

  11. From committee: Do pass, and re-refer to Com. on G.O. Re-referred. (Ayes 5. Noes 1.) (June 21).

  12. Referred to Coms. on B., P. & E.D. and G.O.

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

  14. Read third time, passed, and to Senate. (Ayes 51. Noes 18. Page 5391.)

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 11. Noes 5.) (May 19).

  17. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 3.) (May 4).

  18. Re-referred to Com. on B.,P. & C.P.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.

  20. Re-referred to Com. on B.,P. & C.P.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on B.,P. & C.P. Read second time and amended.

  22. Referred to Com. on B.,P. & C.P.

  23. Read first time.

  24. From printer. May be heard in committee March 23.

  25. Introduced. To print.

Sponsors

  • Torrico · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Torrico

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

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Ashburn — Yea
Kehoe — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Leno — Yea
Walters — Not Voting
Corbett — Yea
Emmerson — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 8 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6103
Democratic 2000
Total 8103
% of votes cast 67%8%0%25%
How each member voted (12)
Member Party Vote
Wyland — Not Voting
Yee — Yea
Negrete — Yea
Florez — Yea
Denham — Not Voting
McLeod — Yea
Price — Nay
Wright — Yea
Harman — Yea
Oropeza — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2390 BUCHANAN Assembly Third Reading

Passed 60 Yea · 19 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 5618011
Republican 1101
Democratic 3000
Total 6019012
% of votes cast 66%21%0%13%
How each member voted (91)
Member Party Vote
Tom — Not Voting
Audra — Not Voting
Cook — Not Voting
Garrick — Not Voting
Hagman — Not Voting
Jeffries — Nay
Knight — Not Voting
Miller — Nay
Norby — Nay
Smyth — Nay
Tran — Not Voting
Villines — Nay
Yamada — Yea
Carter — Yea
Chesbro — Yea
Conway — Nay
Evans — Yea
Fuentes — Yea
Fuller — Nay
Charles — Yea
Galgiani — Yea
Hall — Yea
Harkey — Nay
Hayashi — 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
Hernandez — Yea
Huber — Yea
Huffman — Yea
Fletcher — Nay
Ammiano — Yea
Bass — Yea
Beall — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Adams — Nay
Anderson — Nay
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Logue — Nay
Mendoza — Yea
Nestande — Nay
Nielsen — Nay
Silva — Not Voting
Solorio — Yea
Torres — Yea
Emmerson — Not Voting
Eng — Yea
Feuer — Yea
DeVore — Nay
Furutani — Yea
Gilmore — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
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 Not Voting

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11502
Democratic 1000
Total 12502
% of votes cast 63%26%0%11%
How each member voted (19)
Member Party Vote
Fuentes — Yea
Charles — Yea
Hall — Yea
Hill — Yea
De — Not Voting
Leon — Not Voting
Conway — Nay
Norby — Nay
Coto — Yea
Skinner — Yea
Solorio — Yea
Torrico — Yea
Bradford — Yea
Harkey — Nay
Miller — Nay
Nielsen — Nay
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does AB 2390 do?
(1) Existing law requires that, for private and public works of improvement, and in a public works contract, a prime contractor or subcontractor pay to any subcontractor, not later than 10 days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amount allowed the contractor on account of the work performed by the subcontractors, to the extent of each contractor's interest therein, as prescribed. This bill would, instead, require that those amounts be paid not later than 7 days after receipt of each progress payment. (2) Existing law requires, with regard to a contract entered into on or after January 1, 1995, in order to enforce a claim upon any payment bond given in connection with a public work, that a claimant give the 20-day public works bond preliminary notice, as provided. Existing law further authorizes a claimant, if the 20-day public works preliminary bond notice was not given as prescribed by statute, to enforce a claim by giving written notice to the surety and the bond principal, as provided, within 15 days after recordation of a notice of completion, or if no notice of completion has been recorded, within 75 days after completion of the work of improvement. This bill would, instead, with regard to a contract entered into on or after January 1, 2011, require that the written notice to be given to the surety and the bond principal be given prior to the completion, as defined, of the project, or recordation of a notice of completion, as specified. (3) Existing law authorizes the Department of General Services, or any other department with authority to enter into contracts, to contract with suppliers for goods and services and for public works. Existing law provides that in a contract relating to the construction of a public work of improvement between the public entity and original contractor, the original contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of retention proceeds withheld cannot exceed the percentage specified in the contract between the public entity and the original contractor. This bill would instead, until January 1, 2015, prohibit retention proceeds from exceeding 5% of the payment, as specified, for those contracts entered into on or after January 1, 2011, between a public entity, as defined, and an original contractor, between an original contractor and a subcontractor, and between all subcontractors thereunder. (4) Existing law contains various provisions relating to contracts for the performance of public works of improvement, including provisions for the payment of progress payments and the disbursing and withholding of retention proceeds. Existing law prohibits progress payments upon these contracts from being made in excess of 95% of the percentage of actual work completed plus a like percentage of the value of material delivered, as specified, and requires the Department of General Services to withhold not less than 5% of the contract price until final completion and acceptance of the project. This bill would instead prohibit progress payments upon these contracts from being made in excess of 100% of the percentage of actual work completed, and would require the Department of General Services to withhold not more than 5% of the contract price until final completion and acceptance of the project, except as specified. (5) The bill would incorporate additional changes made by SB 189 contingent upon the enactment of that bill.
Who sponsors AB 2390?
AB 2390 is sponsored by Torrico.
What is the current status of AB 2390?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2390?
Track AB 2390 free on One Click Politics — get push/email alerts when it moves.

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