California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

SB 757 — Solar energy system improvements: consumer protection.

Last action — Chaptered by Secretary of State. Chapter 249, Statutes of 2021.

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

This bill has been enacted into law. Introduced February 19, 2021. 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 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, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensing and regulation of contractors. Existing law requires the board to receive and review complaints and consumer questions regarding solar energy systems companies and solar contractors and to receive complaints received from state agencies regarding those systems and contractors. Existing law defines the term "home improvement" to include the construction, erection, installation, replacement, or improvement of driveways, swimming pools, including spas and hot tubs, terraces, patios, awnings, storm windows, solar energy systems, landscaping, fences, porches, garages, fallout shelters, basements, and other improvements of the structures or land which is adjacent to a dwelling house. This bill would include solar energy systems, as defined, as an example of types of home improvements in, and would add the installation of those improvements to, that definition. Existing law defines a "home improvement salesperson" as a person who engaged in the business of specified activities related to home improvement, and requires such person to be registered with the board. This bill would authorize a home improvement salesperson to be employed by one or more home improvement contractors and would require a home improvement salesperson, prior to engaging in any activity described as a specified home improvement, to identify to the owner or tenant the business name and license number of the contractor they are representing. The bill would provide that failure to do so is a cause of disciplinary action, as provided. Existing law makes certain actions by home improvement salespersons, including failure to account for or to remit to the employing contractor any payment received in connection with any home improvement transaction, or any other transaction involving a work of improvement, a misdemeanor. This bill would additionally make a misdemeanor an action by a home improvement salesperson to assist, recommend, select, or otherwise guide an owner or tenant in the selection of a contractor for the performance or sale of home improvement goods or services if notification of the salesperson's employment by the home improvement contractor, as specified, has not been received by the board. Existing law requires a representation made by any person licensed under the Contractors State License Law with respect to a trademark or brand name, quality, or size of any goods or materials in reference to certain items and systems, including, but not limited to, bathroom fixtures and paints, to be set forth in writing in the contract or specifications and include a description of the goods or materials, including any brand name, model number, or similar designation. Existing law provides that the failure to install the specific goods or materials as represented constitutes a cause for disciplinary action. This bill would require those licensed persons to also meet the above-described requirements for representations made in reference to a solar energy system. Existing law requires contractors to comply with specified provisions for home improvement contracts, including that except for a downpayment, the contractor is prohibited from requesting or accepting payment that exceeds the value of the work performed or material delivered. Existing law provides that failure to comply with this provision is cause for discipline and is a misdemeanor. This bill would clarify that this prohibition extends to advance payment in whole or in part from any lender or financier for the performance or sale of home improvement goods or services. This bill would make conforming changes. By creating a new crime, 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 249, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2215.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 73. Noes 0. Page 2524.) Ordered to the Senate.

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (August 19).

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (July 6). Re-referred to Com. on APPR.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.

  11. Referred to Com. on B. & P.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 40. Noes 0. Page 1227.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

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

  16. Set for hearing May 3.

  17. Re-referred to Com. on APPR.

  18. Withdrawn from committee.

  19. Read second time and amended. Re-referred to Com. on E., U. & C.

  20. From committee: Do pass as amended and re-refer to Com. on E., U. & C. (Ayes 13. Noes 1. Page 670.) (April 5).

  21. Set for hearing April 5.

  22. Referral to Com. on JUD. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.

  23. Re-referred to Coms. on B., P. & E.D., E., U. & C., and JUD.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  25. Referred to Com. on RLS.

  26. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  27. (Ayes 32. Noes 4.)

  28. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  29. Read first time.

  30. From printer. May be acted upon on or after March 24.

  31. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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

Unfinished Business SB757 Limón Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 12001
Republican 4000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Eggman — Yea
Wilk — Yea
Atkins — Yea
Kamlager — Yea
Nielsen — Yea
Portantino — Yea
Glazer — Yea
Borgeas — Yea
Dodd — Yea
Pan — Yea
Bradford — Yea
Leyva — Yea
Hertzberg — Yea
Hueso — Yea
Skinner — Yea
Melendez — Yea
Rubio — Yea
Newman — Yea
Bates — Yea
Gonzalez — Yea
Min — Yea
Wieckowski — 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 Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 757 Limón Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 24002
Unaffiliated 41003
Republican 8001
Total 73006
% of votes cast 92%0%0%8%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Kiley — Not Voting
Low — Not Voting
McCarty — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
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 Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 3000
Republican 1000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Voepel — Yea
Mullin — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
McCarty — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Kalra, Ash Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

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

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 3000
Democratic 5000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Bloom — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Salas — Yea
Ting — Yea
Low — Yea
Medina — Yea
McCarty — Yea
Cunningham — Yea
Vince Fong — Yea
Berman, Marc Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea

Official roll call →

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 13000
Republican 4000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Newman — Yea
Min — Yea
Borgeas — Yea
Wilk — Yea
Hertzberg — Yea
Roth — Yea
Gonzalez — Yea
Glazer — Yea
Eggman — Yea
Nielsen — Yea
Atkins — Yea
Rubio — Yea
Portantino — Yea
Kamlager — Yea
Bradford — Yea
Dodd — Yea
Bates — Yea
Leyva — Yea
Hueso — Yea
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Melendez — 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 Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Energy, Utilities and Communications]

Passed 13 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 8100
Republican 2000
Total 13100
% of votes cast 93%7%0%0%
How each member voted (14)
Member Party Vote
Eggman — Yea
Pan — Yea
Leyva — Yea
Newman — Yea
Dodd — Yea
Roth — Yea
Min — Yea
Melendez — Yea
Bates — Nay
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 →

Subjects

public-safety housing energy
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Frequently asked questions

What does SB 757 do?
Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensing and regulation of contractors. Existing law requires the board to receive and review complaints and consumer questions regarding solar energy systems companies and solar contractors and to receive complaints received from state agencies regarding those systems and contractors. Existing law defines the term "home improvement" to include the construction, erection, installation, replacement, or improvement of driveways, swimming pools, including spas and hot tubs, terraces, patios, awnings, storm windows, solar energy systems, landscaping, fences, porches, garages, fallout shelters, basements, and other improvements of the structures or land which is adjacent to a dwelling house. This bill would include solar energy systems, as defined, as an example of types of home improvements in, and would add the installation of those improvements to, that definition. Existing law defines a "home improvement salesperson" as a person who engaged in the business of specified activities related to home improvement, and requires such person to be registered with the board. This bill would authorize a home improvement salesperson to be employed by one or more home improvement contractors and would require a home improvement salesperson, prior to engaging in any activity described as a specified home improvement, to identify to the owner or tenant the business name and license number of the contractor they are representing. The bill would provide that failure to do so is a cause of disciplinary action, as provided. Existing law makes certain actions by home improvement salespersons, including failure to account for or to remit to the employing contractor any payment received in connection with any home improvement transaction, or any other transaction involving a work of improvement, a misdemeanor. This bill would additionally make a misdemeanor an action by a home improvement salesperson to assist, recommend, select, or otherwise guide an owner or tenant in the selection of a contractor for the performance or sale of home improvement goods or services if notification of the salesperson's employment by the home improvement contractor, as specified, has not been received by the board. Existing law requires a representation made by any person licensed under the Contractors State License Law with respect to a trademark or brand name, quality, or size of any goods or materials in reference to certain items and systems, including, but not limited to, bathroom fixtures and paints, to be set forth in writing in the contract or specifications and include a description of the goods or materials, including any brand name, model number, or similar designation. Existing law provides that the failure to install the specific goods or materials as represented constitutes a cause for disciplinary action. This bill would require those licensed persons to also meet the above-described requirements for representations made in reference to a solar energy system. Existing law requires contractors to comply with specified provisions for home improvement contracts, including that except for a downpayment, the contractor is prohibited from requesting or accepting payment that exceeds the value of the work performed or material delivered. Existing law provides that failure to comply with this provision is cause for discipline and is a misdemeanor. This bill would clarify that this prohibition extends to advance payment in whole or in part from any lender or financier for the performance or sale of home improvement goods or services. This bill would make conforming changes. By creating a new crime, 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 SB 757?
SB 757 is sponsored by Limón, Monique (Democratic).
What is the current status of SB 757?
This bill has been enacted into law. Introduced February 19, 2021. Enacted.
Where can I track SB 757?
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