California 2009-2010 Regular Session Status: To Executive

AB 1328 — Common interest developments: contracts.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Davis-Stirling Common Interest Development Act provides for the creation and regulation of common interest developments. Under existing law, a common interest development is managed by an association pursuant to the provisions of the governing documents of the development. This bill would provide that, notwithstanding any provision of the governing documents to the contrary, an association may enter into a contract for a water or energy efficiency program, not to exceed 5 years in duration, if the board of directors reasonably anticipates that the contract will result in verifiable savings to the association and the supplier is not an entity that the subdivider has a direct or indirect interest in, as provided. This bill would also provide that, prior to approving a multiyear contract, the board shall provide notice of the proposed duration of the contract on the agenda for any meeting at which the contract will be discussed or voted on.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 10:30 a.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 50. Noes 26. Page 2929.)

  6. Assembly Rule 77 suspended. (Page 2889.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 25. Noes 11. Page 2009.)

  9. Read second time, amended, and to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 6. Noes 4.) (July 7).

  11. In committee: Hearing postponed by committee.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  13. Referred to Com. on T. & H.

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

  15. Read third time, passed, and to Senate. (Ayes 48. Noes 29. Page 1920.)

  16. Read third time, amended, and returned to third reading. (Page 1728.).

  17. Read second time. To third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (May 13).

  20. Re-referred to Com. on H. & C.D.

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

  22. In committee: Hearing postponed by committee.

  23. Referred to Com. on H. & C.D.

  24. Read first time.

  25. From printer. May be heard in committee March 30.

  26. Introduced. To print.

Sponsors

  • Salas · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Salas

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

AB 1328 SALAS Concurrence in Senate Amendments

Passed 60 Yea · 28 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 552703
Republican 2100
Democratic 3000
Total 602803
% of votes cast 66%31%0%3%
How each member voted (91)
Member Party Vote
Hagman — Nay
Audra — Yea
Cook — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Hall — Not Voting
Harkey — Nay
Knight — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Duvall — Nay
Miller — Nay
Nestande — Nay
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Eng — Yea
Carter — Yea
Chesbro — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Krekorian — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Adams — Nay
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hernandez — Yea
Huffman — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Tran — Nay
Conway — Nay
Emmerson — Nay
Evans — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Beth Gaines — Not Voting
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 Yea

Official roll call →

Assembly 3rd Reading AB1328 Salas By Lowenthal

Passed 26 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 241103
Democratic 1001
Republican 1000
Total 261104
% of votes cast 63%27%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Corbett — Yea
Ducheny — Yea
Lowenthal — Yea
Negrete — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Wyland — Yea
Runner — Nay
Hollingsworth — Nay
Huff — Nay
Cogdill — Nay
Wiggins — Yea
Wolk — Yea
Benoit — Nay
Dutton — Nay
Aanestad — Nay
Alquist — Yea
Ashburn — Not Voting
Harman — Not Voting
Liu — Yea
Maldonado — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wright — Nay
Cedillo — Yea
Correa — Yea
Cox — Nay
DeSaulnier — Not Voting
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6401
Total 6401
% of votes cast 55%36%0%9%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Huff — Nay
Ashburn — Nay
Oropeza — Not Voting
Pavley — Yea
Harman — Nay
Hollingsworth — Nay
Kehoe — Yea
Simitian — Yea
Wolk — Yea
DeSaulnier — Yea

Official roll call →

AB 1328 SALAS Assembly Third Reading

Passed 56 Yea · 33 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 513203
Republican 2100
Total 563303
% of votes cast 61%36%0%3%
How each member voted (92)
Member Party Vote
Evans — Yea
Charles — Yea
Feuer — Yea
Fuller — Nay
Garrick — Nay
Hagman — Nay
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Bass — Yea
Blakeslee — Nay
Cook — Nay
Coto — Yea
Duvall — Nay
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
V. — Nay
Manuel — Nay
Perez — Nay
Galgiani — Not Voting
Nielsen — Nay
Silva — Nay
Smyth — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Nay
Knight — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Ruskin — Yea
Swanson — Yea
Torrico — Yea
Tran — Nay
Emmerson — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Fuentes — Yea
Furutani — Not Voting
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 Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Total 5100
% of votes cast 83%17%0%0%
How each member voted (6)
Member Party Vote
Fletcher — Yea
Saldana — Yea
Torres — Yea
Harkey — Nay
Ma — Yea
Eng — Yea

Official roll call →

Subjects

housing environment energy
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Frequently asked questions

What does AB 1328 do?
The Davis-Stirling Common Interest Development Act provides for the creation and regulation of common interest developments. Under existing law, a common interest development is managed by an association pursuant to the provisions of the governing documents of the development. This bill would provide that, notwithstanding any provision of the governing documents to the contrary, an association may enter into a contract for a water or energy efficiency program, not to exceed 5 years in duration, if the board of directors reasonably anticipates that the contract will result in verifiable savings to the association and the supplier is not an entity that the subdivider has a direct or indirect interest in, as provided. This bill would also provide that, prior to approving a multiyear contract, the board shall provide notice of the proposed duration of the contract on the agenda for any meeting at which the contract will be discussed or voted on.
Who sponsors AB 1328?
AB 1328 is sponsored by Salas.
What is the current status of AB 1328?
This bill died with 2009-2010 Regular Session. It reached “To Executive” 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 1328?
Track AB 1328 free on One Click Politics — get push/email alerts when it moves.

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