California 2017-2018 Regular Session Status: Enacted

AB 851 — Local agency contracts.

Last action — Chaptered by Secretary of State - Chapter 821, Statutes of 2017.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  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, 2017. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 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) Existing law authorizes a county, until January 1, 2018, with approval of the board of supervisors, to utilize construction manager at-risk construction contracts for the erection, construction, alteration, repair, or improvement of any building owned or leased by the county, subject to certain requirements, including that the method may only be used for projects that are in excess of $1,000,000. This bill would extend that authorization described above until January 1, 2023. The bill, with certain exceptions, would prohibit a construction manager at-risk entity from being prequalified or shortlisted or awarded a contract unless that entity provides an enforceable commitment to the county that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with existing skilled and trained workforce requirements. The bill would also similarly authorize the City of San Diego, until January 1, 2023, with the approval of the city council, to utilize construction manager at-risk construction contracts for the erection, construction, alteration, repair, or improvement of any building owned or leased by the city. The bill would authorize the city to use that method for a project that is in excess of $25,000,000, as specified. The bill would authorize the city to utilize the construction manger at-risk construction contracts through a single or series of contracts with the construction manager at-risk entity for services during the design and construction phases of the project, insofar as that contracting method is allowable by the city. (2) Existing law authorizes a local agency, until January 1, 2025, to use the design-build procurement process when contracting for specified public works. Existing law requires specified information submitted by a design-build entity, as defined, in the design-build procurement process to be certified under penalty of perjury. This bill would authorize the Santa Clara Valley Water District to use the design-build procurement process described above when contracting for the construction of a building or buildings and improvements directly related to the construction of a building or buildings. The bill would also authorize the district, upon approval by its governing body, to use the design-build procurement process for other specified projects. By expanding the design-build authorization to additional development projects, the bill would expand the scope of the crime of perjury and would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Clara Valley Water District and the City of San Diego. (3) 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 821, Statutes of 2017.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3503.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 0.) (September 14).

  6. Joint Rule 62(a), file notice suspended. (Page 3371.)

  7. Re-referred to Com. on L. GOV. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2857.).

  10. From committee: That the measure be returned to Senate Floor for consideration. (Ayes 5. Noes 0.) (September 12)

  11. From committee: Be re-referred to Com. on GOV. & F. pursuant to Senate Rule 29.10(b). (Ayes 5. Noes 0.) Re-referred to Com. on GOV. & F.

  12. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).

  13. Read second time. Ordered to third reading.

  14. Read third time and amended. Ordered to second reading.

  15. Read second time. Ordered to third reading.

  16. Read third time and amended. Ordered to second reading.

  17. Read second time. Ordered to third reading.

  18. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

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

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.

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

  22. Referred to Com. on GOV. & F.

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

  24. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1857.)

  25. Read second time. Ordered to Consent Calendar.

  26. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 24).

  27. In committee: Hearing postponed by committee.

  28. Re-referred to Com. on APPR.

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

  30. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 26). Re-referred to Com. on APPR.

  31. Re-referred to Com. on L. GOV.

  32. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  33. Re-referred to Com. on L. GOV.

  34. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  35. Referred to Com. on L. GOV.

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

  37. Read first time. To print.

Sponsors

  • Caballero · Primary
  • Gloria · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Caballero

Co-sponsors (1)

  • Gloria

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 851 CABALLERO Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 15000
Republican 6000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Yea
McCarty — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Chiu — Yea
Frazier — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Low — Yea
Fong — Yea
Salas — Yea
Mayes — Yea
Chau — Yea
Medina — Yea
Melendez — Yea
Gray — Yea
Chu — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Bocanegra — Yea
Friedman — Yea
Rubio — Yea
Harper — Yea
Holden — Yea
Kiley — Yea
Burke — Yea
Levine — Yea
Bigelow — Yea
Chávez — Yea
Cooley — Yea
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Cooper — Yea
Eggman — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

With recommendation: That Senate amendments be concurred in.

Passed 6 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 3002
Republican 0001
Total 6003
% of votes cast 67%0%0%33%
How each member voted (9)
Member Party Vote
Waldron — Yea
Bloom — Yea
Gonzalez Fletcher — Not Voting
Ridley-Thomas — Not Voting
Voepel — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Not Voting

Official roll call →

3rd Reading AB851 Caballero et al. By Hill

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Hernandez — Yea
Hill — Yea
Leyva — Yea
Mendoza — Yea
Morrell — Yea
Roth — Yea
Wilk — Yea
Cannella — Yea
Portantino — Yea
Fuller — Yea
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Glazer — Yea
Hertzberg — Yea
Dodd — Yea
Hueso — Yea
Lara — Not Voting
Monning — Yea
Moorlach — Yea
Newman — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety housing labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 851 do?
(1) Existing law authorizes a county, until January 1, 2018, with approval of the board of supervisors, to utilize construction manager at-risk construction contracts for the erection, construction, alteration, repair, or improvement of any building owned or leased by the county, subject to certain requirements, including that the method may only be used for projects that are in excess of $1,000,000. This bill would extend that authorization described above until January 1, 2023. The bill, with certain exceptions, would prohibit a construction manager at-risk entity from being prequalified or shortlisted or awarded a contract unless that entity provides an enforceable commitment to the county that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with existing skilled and trained workforce requirements. The bill would also similarly authorize the City of San Diego, until January 1, 2023, with the approval of the city council, to utilize construction manager at-risk construction contracts for the erection, construction, alteration, repair, or improvement of any building owned or leased by the city. The bill would authorize the city to use that method for a project that is in excess of $25,000,000, as specified. The bill would authorize the city to utilize the construction manger at-risk construction contracts through a single or series of contracts with the construction manager at-risk entity for services during the design and construction phases of the project, insofar as that contracting method is allowable by the city. (2) Existing law authorizes a local agency, until January 1, 2025, to use the design-build procurement process when contracting for specified public works. Existing law requires specified information submitted by a design-build entity, as defined, in the design-build procurement process to be certified under penalty of perjury. This bill would authorize the Santa Clara Valley Water District to use the design-build procurement process described above when contracting for the construction of a building or buildings and improvements directly related to the construction of a building or buildings. The bill would also authorize the district, upon approval by its governing body, to use the design-build procurement process for other specified projects. By expanding the design-build authorization to additional development projects, the bill would expand the scope of the crime of perjury and would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Santa Clara Valley Water District and the City of San Diego. (3) 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 851?
AB 851 is sponsored by Caballero and Gloria.
What is the current status of AB 851?
This bill has been enacted into law. Introduced February 16, 2017. Enacted.
Where can I track AB 851?
Track AB 851 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 851

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 851

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →