California 2021-2022 Regular Session Status: Enacted

AB 930 — Subsurface installations: attorney's fees and costs.

Last action — Chaptered by Secretary of State - Chapter 173, Statutes of 2021.

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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 17, 2021. 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 9 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

Existing law requires every operator of a subsurface installation, except the Department of Transportation, to become a member of, participate in, and share in the costs of, a regional notification center. Existing law requires an excavator planning to conduct an excavation to delineate the area to be excavated before notifying the appropriate regional notification center of the planned excavation, as provided. Existing law requires an operator, before the legal excavation start date and time, to locate and field mark, within the area delineated for excavation, its subsurface installations. Existing law establishes a process for an excavator to request and obtain a continual excavation ticket for an area of continual excavation, as defined, that is valid for one year from the date of issuance and eligible for renewal. Existing law requires this process to include onsite meetings to develop a mutually agreed-upon plan. Existing law prescribes liability for failure to comply with these processes. This bill would require a court or arbitrator to award reasonable attorney's costs and fees, including expert witness fees, to an excavator if the court or arbitrator determines that the excavator is not liable for damages to a subsurface installation for reasons related to inaccurate field marking, as specified, or if the excavator makes an offer to settle the matter that is not accepted and the plaintiff fails to obtain a more favorable judgment or award. The bill would also make a technical change to correct an erroneous cross-reference within these provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 173, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 16. Page 2739.).

  5. Assembly Rule 77 suspended. (Ayes 57. Noes 14. Page 2703.)

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

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 1. Page 2289.).

  8. Read second time. Ordered to third reading.

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

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 6). Re-referred to Com. on APPR.

  11. From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (June 30). Re-referred to Com. on JUD.

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

  13. Referred to Coms. on B., P. & E.D. and JUD.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 19. Page 1652.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 12. Noes 4.) (May 20).

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

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (March 23).

  22. Referred to Com. on JUD.

  23. From printer. May be heard in committee March 20.

  24. Read first time. To print.

Sponsors

  • Levine · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 14 voted No

Sponsors (1)

  • Levine

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

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 4 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 3001
Republican 0002
Unaffiliated 1000
Total 4003
% of votes cast 57%0%0%43%
How each member voted (7)
Member Party Vote
Villapudua — Yea
Haney, Matt Democratic Yea
Jackson, Corey A. Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Ramos, James C. Democratic Yea
Hoover, Josh Republican Not Voting
Wallis, Greg Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Jobs, Economic Development, and the Economy]

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Republican 0100
Unaffiliated 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Waldron — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Pacheco, Blanca Democratic Yea
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Wilson, Lori D. Democratic Yea
Dixon, Diane Republican Nay

Official roll call →

AB 930 Levine Concurrence in Senate Amendments

Passed 53 Yea · 16 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 21005
Unaffiliated 31904
Republican 1701
Total 5316010
% of votes cast 67%20%0%13%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Kiley — Nay
Mathis — Nay
Bigelow — Nay
Maienschein — Not Voting
Mayes — Not Voting
Rendon — Not Voting
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
Medina — Yea
McCarty — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Gray — Nay
Smith — Nay
Voepel — Nay
Waldron — Nay
Cunningham — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Yea

Official roll call →

3rd Reading AB930 Levine By Umberg

Passed 38 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 12001
Republican 3100
Total 38101
% of votes cast 95%3%0%3%
How each member voted (40)
Member Party Vote
Gonzalez — Yea
Hertzberg — Yea
Atkins — Yea
Glazer — Yea
Roth — Yea
Wilk — Yea
Skinner — Yea
Dodd — Yea
Kamlager — Yea
Newman — Yea
Nielsen — Yea
Min — Yea
Leyva — Yea
Hueso — Yea
Bates — Yea
Borgeas — Yea
Pan — Yea
Portantino — Yea
Rubio — Yea
Wieckowski — Yea
Eggman — Yea
Melendez — Yea
Bradford — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Republican 1000
Unaffiliated 4000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Wieckowski — Yea
Hertzberg — Yea
Gonzalez — Yea
Borgeas — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 13 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 2000
Democratic 3000
Total 13001
% of votes cast 93%0%0%7%
How each member voted (14)
Member Party Vote
Pan — Yea
Leyva — Yea
Min — Yea
Dodd — Yea
Eggman — Yea
Newman — Yea
Roth — Yea
Bates — Yea
Melendez — Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

AB 930 Levine Assembly Third Reading

Passed 51 Yea · 19 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 29804
Democratic 22104
Republican 01000
Total 511908
% of votes cast 65%24%0%10%
How each member voted (78)
Member Party Vote
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
Medina — Yea
McCarty — Yea
Burke — Yea
Chau — Yea
Voepel — Nay
Mathis — Nay
Bigelow — Nay
Kiley — Nay
Waldron — Nay
Gray — Nay
Smith — Nay
Cunningham — Nay
Maienschein — Not Voting
Mayes — Not Voting
Cooper — Not Voting
Salas — Not Voting
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Rodriguez — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 5100
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 2000
Republican 0101
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Holden — Yea
Chau — Yea
Kiley — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Not Voting
Gallagher, James Republican Nay

Official roll call →

Subjects

public-safety transportation
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 930 do?
Existing law requires every operator of a subsurface installation, except the Department of Transportation, to become a member of, participate in, and share in the costs of, a regional notification center. Existing law requires an excavator planning to conduct an excavation to delineate the area to be excavated before notifying the appropriate regional notification center of the planned excavation, as provided. Existing law requires an operator, before the legal excavation start date and time, to locate and field mark, within the area delineated for excavation, its subsurface installations. Existing law establishes a process for an excavator to request and obtain a continual excavation ticket for an area of continual excavation, as defined, that is valid for one year from the date of issuance and eligible for renewal. Existing law requires this process to include onsite meetings to develop a mutually agreed-upon plan. Existing law prescribes liability for failure to comply with these processes. This bill would require a court or arbitrator to award reasonable attorney's costs and fees, including expert witness fees, to an excavator if the court or arbitrator determines that the excavator is not liable for damages to a subsurface installation for reasons related to inaccurate field marking, as specified, or if the excavator makes an offer to settle the matter that is not accepted and the plaintiff fails to obtain a more favorable judgment or award. The bill would also make a technical change to correct an erroneous cross-reference within these provisions.
Who sponsors AB 930?
AB 930 is sponsored by Levine.
What is the current status of AB 930?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track AB 930?
Track AB 930 free on One Click Politics — get push/email alerts when it moves.

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