California 2021-2022 Regular Session Status: Enacted

AB 846 — Local Agency Public Construction Act: job order contracting.

Last action — Chaptered by Secretary of State - Chapter 303, 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 5 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 Local Agency Public Construction Act, authorizes job order contracting for school districts and community college districts until January 1, 2022. Existing law requires job order contractors to submit a questionnaire to the school district or community college district containing specified information verified under oath. This bill would change the January 1, 2022, repeal date to January 1, 2027, thereby extending the authorization for job order contracting for school districts and community college districts, and make conforming changes. By extending the operation of those provisions that expand the crime of perjury, this bill would impose a state-mandated local program. Existing law establishes requirements that apply when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce, which requires, among other conditions, that all the workers performing work in an apprenticeable occupation, as defined, in the building and construction trades are either skilled journeypersons or registered apprentices. Existing law also authorizes a public entity to require that a bidder, contractor, or other entity use a skilled and trained workforce to complete a contract or project, regardless of whether the public entity is required to do so by a statute or regulation. This bill would require an entity awarded a job order contract in excess of $25,000 to provide an enforceable commitment to the school district or community college district that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the job order contract that falls within an apprenticeable occupation in the building and construction trades, as specified, unless a project labor agreement already specifies that a skilled and trained workforce will perform the job order contract. 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 303, Statutes of 2021.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9. Page 2219.).

  6. Read second time. Ordered to third reading.

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

  8. In committee: Hearing postponed by committee.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 16). Re-referred to Com. on APPR.

  10. Referred to Com. on ED.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 16. Page 1584.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 10. Noes 4.) (April 21).

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 8). Re-referred to Com. on APPR.

  16. Referred to Com. on HIGHER ED.

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

  18. Read first time. To print.

Sponsors

  • Low · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 13 voted No

Sponsors (1)

  • Low

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

3rd Reading AB846 Low By Cortese

Passed 30 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18500
Democratic 12001
Republican 0400
Total 30901
% of votes cast 75%23%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Eggman — Yea
Atkins — Yea
Kamlager — Yea
Portantino — Yea
Glazer — Yea
Dodd — Yea
Pan — Yea
Leyva — Yea
Bradford — Yea
Hertzberg — Yea
Hueso — Yea
Skinner — Yea
Rubio — Yea
Newman — Yea
Min — Yea
Gonzalez — Yea
Wieckowski — Yea
Melendez — Nay
Borgeas — Nay
Wilk — Nay
Nielsen — Nay
Bates — Nay
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 Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

AB 846 Low Assembly Third Reading

Passed 57 Yea · 16 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 24201
Unaffiliated 32603
Republican 1801
Total 571605
% of votes cast 73%21%0%6%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Waldron — Not Voting
Mayes — Not Voting
Frazier — Not Voting
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
Medina — Yea
McCarty — Yea
Gray — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Cunningham — Nay
Kiley — Nay
Mathis — Nay
Bigelow — Nay
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 Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
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 Yea
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
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 10 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5102
Democratic 5100
Republican 0200
Total 10402
% of votes cast 63%25%0%13%
How each member voted (16)
Member Party Vote
Levine — Yea
Friedman — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
McCarty — Not Voting
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Ward, Christopher M. Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

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

Passed 9 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 5100
Republican 0200
Total 9300
% of votes cast 75%25%0%0%
How each member voted (12)
Member Party Vote
Levine — Yea
Santiago — Yea
Medina — Yea
Low — Yea
Bloom — Yea
Kiley — Nay
Arambula, Joaquin Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Rubio, Blanca E. Democratic Yea
Choi, Steven S. Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Subjects

public-safety labor education
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Frequently asked questions

What does AB 846 do?
Existing law, the Local Agency Public Construction Act, authorizes job order contracting for school districts and community college districts until January 1, 2022. Existing law requires job order contractors to submit a questionnaire to the school district or community college district containing specified information verified under oath. This bill would change the January 1, 2022, repeal date to January 1, 2027, thereby extending the authorization for job order contracting for school districts and community college districts, and make conforming changes. By extending the operation of those provisions that expand the crime of perjury, this bill would impose a state-mandated local program. Existing law establishes requirements that apply when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce, which requires, among other conditions, that all the workers performing work in an apprenticeable occupation, as defined, in the building and construction trades are either skilled journeypersons or registered apprentices. Existing law also authorizes a public entity to require that a bidder, contractor, or other entity use a skilled and trained workforce to complete a contract or project, regardless of whether the public entity is required to do so by a statute or regulation. This bill would require an entity awarded a job order contract in excess of $25,000 to provide an enforceable commitment to the school district or community college district that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the job order contract that falls within an apprenticeable occupation in the building and construction trades, as specified, unless a project labor agreement already specifies that a skilled and trained workforce will perform the job order contract. 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 846?
AB 846 is sponsored by Low.
What is the current status of AB 846?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track AB 846?
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Last checked for changes 3 months ago · updated continuously

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