Bill Commons

CA SB 909

enacted

Public works.

California · 2025-2026 Regular Session · upper

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Quick answers

Did CA SB 909 pass?

Yes. CA SB 909 has been enacted into law. Latest recorded action (2026-09-27): Chaptered by Secretary of State. Chapter 660, Statutes of 2026.

What is CA SB 909 about?

Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a willful violation of this requirement. Existing law defines "public works" for the purposes of regulating public contracts as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law generally requires a contractor or subcontractor to be registered with the Department of Industrial Relations to be qualified to bid on, be listed in a bid proposal, or engage in the performance of any public work contract. Existing law requires a contractor or subcontractor to meet specific conditions to qualify for this registration, including that a contractor or subcontractor pay an initial application fee and an annual renewal fee set by the Director of Industrial Relations. Existing law authorizes the department to establish and adjust annual registration and renewal fees up to $800 by publishing the fees on the department's internet website. This bill would increase the fee limit to $1,000. Existing law requires the Labor Commissioner to issue civil wage and penalty assessments to a contractor or subcontractor, or both, if, after an investigation, the commissioner determines there has been a violation of the laws regulating public works contractors, including the payment of prevailing wages. Existing law also authorizes the Labor Commissioner to assess specified civil penalties against a contractor or subcontractor for a violation of the skilled and trained workforce requirements, and authorizes reduction or waiver of a penalty for specified conditions. Existing law also sets a penalty schedule for subcontractors and contractors for, among other things, failing to pay the prevailing wage rate or failing to keep accurate payroll records, as specified. Existing law establishes the State Public Works Enforcement Fund and directs all registration fees and other moneys, such as fines, to be deposited into the fund, to be available upon appropriation, for, among other purposes, the reasonable costs of administering registration with the Department of Industrial Relations. Existing law authorizes the awarding body for a public works project to not require the payment of the general prevailing rate of per diem wages on public works projects of specified sizes and types of work, including construction projects of $25,000 or less, if the awarding body elects to initiate and enforce a labor compliance program containing specified requirements for every public works project under its authority, as specified. Existing law requires a labor compliance program, if the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty or the forfeiture or underpayment of wages, and the matter has been resolved without litigation by or against the Labor Commissioner, to deposit penalties and forfeitures with the awarding body. This bill would increase certain penalties, as specified, and require all penalties received by the Labor Commissioner, as specified, to be deposited into the State Public Works Enforcement Fund. The bill would also add the reasonable costs of ensuring sufficient staffing levels in the Labor Commissioner's office for public works project enforcement to the purposes of the fund. The bill would instead require an awarding body, if the involvement of the Labor Commissioner in a labor compliance program enforcement action has been limited and resolved, as specified, to deposit penalties with the awarding body that enforced the above-described provisions. The bill would make conforming changes and related findings and declarations.

Who sponsors CA SB 909?

Smallwood-Cuevas is the primary sponsor of CA SB 909.

Description

Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a willful violation of this requirement. Existing law defines "public works" for the purposes of regulating public contracts as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law generally requires a contractor or subcontractor to be registered with the Department of Industrial Relations to be qualified to bid on, be listed in a bid proposal, or engage in the performance of any public work contract. Existing law requires a contractor or subcontractor to meet specific conditions to qualify for this registration, including that a contractor or subcontractor pay an initial application fee and an annual renewal fee set by the Director of Industrial Relations. Existing law authorizes the department to establish and adjust annual registration and renewal fees up to $800 by publishing the fees on the department's internet website. This bill would increase the fee limit to $1,000. Existing law requires the Labor Commissioner to issue civil wage and penalty assessments to a contractor or subcontractor, or both, if, after an investigation, the commissioner determines there has been a violation of the laws regulating public works contractors, including the payment of prevailing wages. Existing law also authorizes the Labor Commissioner to assess specified civil penalties against a contractor or subcontractor for a violation of the skilled and trained workforce requirements, and authorizes reduction or waiver of a penalty for specified conditions. Existing law also sets a penalty schedule for subcontractors and contractors for, among other things, failing to pay the prevailing wage rate or failing to keep accurate payroll records, as specified. Existing law establishes the State Public Works Enforcement Fund and directs all registration fees and other moneys, such as fines, to be deposited into the fund, to be available upon appropriation, for, among other purposes, the reasonable costs of administering registration with the Department of Industrial Relations. Existing law authorizes the awarding body for a public works project to not require the payment of the general prevailing rate of per diem wages on public works projects of specified sizes and types of work, including construction projects of $25,000 or less, if the awarding body elects to initiate and enforce a labor compliance program containing specified requirements for every public works project under its authority, as specified. Existing law requires a labor compliance program, if the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty or the forfeiture or underpayment of wages, and the matter has been resolved without litigation by or against the Labor Commissioner, to deposit penalties and forfeitures with the awarding body. This bill would increase certain penalties, as specified, and require all penalties received by the Labor Commissioner, as specified, to be deposited into the State Public Works Enforcement Fund. The bill would also add the reasonable costs of ensuring sufficient staffing levels in the Labor Commissioner's office for public works project enforcement to the purposes of the fund. The bill would instead require an awarding body, if the involvement of the Labor Commissioner in a labor compliance program enforcement action has been limited and resolved, as specified, to deposit penalties with the awarding body that enforced the above-described provisions. The bill would make conforming changes and related findings and declarations.

Introduced
2026-01-26
Latest action
2026-09-27 — Chaptered by Secretary of State. Chapter 660, Statutes of 2026.
Bill type
bill
Last updated
—

Subjects

Sponsors

  • Smallwood-Cuevasauthor

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-09-27

    Chaptered by Secretary of State. Chapter 660, Statutes of 2026.

    became-law

  2. 2026-09-27

    Approved by the Governor.

    executive-signature

  3. 2026-08-31

    Enrolled and presented to the Governor at 6 p.m.

  4. 2026-08-26

    Assembly amendments concurred in. (Ayes 30. Noes 9.) Ordered to engrossing and enrolling.

    amendment-passage,committee-passage,committee-passage-favorable

  5. 2026-08-26

    Assembly amendments concurred in. (Ayes 30. Noes 9. Page 5918.) Ordered to engrossing and enrolling.

    amendment-passage,committee-passage,committee-passage-favorable

  6. 2026-08-25

    Read third time. Passed. Ordered to the Senate.

    passage,reading-1,reading-3

  7. 2026-08-25

    In Senate. Concurrence in Assembly amendments pending.

  8. 2026-08-25

    Read third time. Passed. (Ayes 65. Noes 8. Page 6493.) Ordered to the Senate.

    passage,reading-1,reading-3

  9. 2026-08-17

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  10. 2026-08-17

    Read third time and amended.

    amendment-passage,reading-1,reading-3

  11. 2026-08-17

    Ordered to third reading.

    reading-1,reading-3

  12. 2026-08-13

    Read second time and amended. Ordered to second reading.

    amendment-passage,reading-1,reading-2

  13. 2026-08-13

    Assembly Rule 63 suspended.

  14. 2026-08-13

    From committee: Do pass as amended. (Ayes 11. Noes 2.) (August 13).

    amendment-passage,committee-passage,committee-passage-favorable

  15. 2026-07-01

    July 1 set for first hearing. Placed on suspense file.

  16. 2026-06-11

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 10). Re-referred to Com. on APPR.

    committee-passage,committee-passage-favorable,referral-committee

  17. 2026-06-01

    Referred to Com. on L. & E.

    referral-committee

  18. 2026-05-26

    In Assembly. Read first time. Held at Desk.

    reading-1

  19. 2026-05-26

    Read third time. Passed. (Ayes 29. Noes 7. Page 4447.) Ordered to the Assembly.

    passage,reading-1,reading-3

  20. 2026-05-18

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  21. 2026-05-14

    From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4257.) (May 14).

    amendment-passage,committee-passage,committee-passage-favorable

  22. 2026-05-14

    Read second time and amended. Ordered to second reading.

    amendment-passage,reading-1,reading-2

  23. 2026-05-08

    Set for hearing May 14.

  24. 2026-04-27

    April 27 hearing: Placed on APPR. suspense file.

  25. 2026-04-17

    Set for hearing April 27.

  26. 2026-04-15

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1. Page 3867.) (April 14). Re-referred to Com. on APPR.

    committee-passage,committee-passage-favorable,referral-committee

  27. 2026-04-02

    Set for hearing April 14.

  28. 2026-03-25

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 3690.) (March 25). Re-referred to Com. on JUD.

    committee-passage,committee-passage-favorable,referral-committee

  29. 2026-03-16

    Set for hearing March 25.

  30. 2026-02-11

    Referred to Coms. on L., P.E. & R. and JUD.

    referral-committee

  31. 2026-01-27

    From printer. May be acted upon on or after February 26.

  32. 2026-01-26

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    introduction,reading-1,referral-committee

Versions

  • 01/26/26 - Introduced — 2026-01-26Compare
  • 05/14/26 - Amended Senate — 2026-05-14Compare
  • 08/13/26 - Amended Assembly — 2026-08-13Compare
  • 08/17/26 - Amended Assembly — 2026-08-17Compare
  • 08/28/26 - Enrolled — 2026-08-28Compare
  • 09/27/26 - Chaptered — 2026-09-27Compare
  • (document, no version)Compare
  • SB909Compare

Documents

Votes

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

    2026-03-25 · pass · 4-1

    Member-level votes (5)
    • Laird: yes
    • Smallwood-Cuevas: yes
    • Cortese: yes
    • Durazo: yes
    • Strickland: no

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

    2026-04-14 · pass · 11-1

    Member-level votes (13)
    • Wahab: yes
    • Umberg: yes
    • Durazo: yes
    • Ashby: yes
    • Caballero: yes
    • Allen: yes
    • McNerney: yes
    • Reyes: yes
    • Stern: yes
    • Wiener: yes
    • Weber Pierson: yes
    • Niello: no
    • Valladares: other

  • Placed on suspense file

    2026-04-27 · pass · 7-0

    Member-level votes (7)
    • Wahab: yes
    • Grayson: yes
    • Dahle: yes
    • Cabaldon: yes
    • Seyarto: yes
    • Cervantes: yes
    • Richardson: yes

  • Do pass as amended

    2026-05-14 · pass · 5-2

    Member-level votes (7)
    • Wahab: yes
    • Cervantes: yes
    • Cabaldon: yes
    • Richardson: yes
    • Grayson: yes
    • Dahle: no
    • Seyarto: no

  • 3rd Reading SB909 Smallwood-Cuevas

    2026-05-26 · pass · 29-7

    Member-level votes (40)
    • Cabaldon: yes
    • Ashby: yes
    • Wiener: yes
    • McGuire: yes
    • Stern: yes
    • Richardson: yes
    • Laird: yes
    • Rubio: yes
    • Wahab: yes
    • Caballero: yes
    • Weber Pierson: yes
    • Padilla: yes
    • Arreguín: yes
    • Cervantes: yes
    • Durazo: yes
    • Blakespear: yes
    • Hurtado: yes
    • Menjivar: yes
    • Pérez: yes
    • Grayson: yes
    • Umberg: yes
    • Archuleta: yes
    • Allen: yes
    • McNerney: yes
    • Cortese: yes
    • Reyes: yes
    • Becker: yes
    • Smallwood-Cuevas: yes
    • Limón: yes
    • Strickland: no
    • Seyarto: no
    • Jones: no
    • Choi: no
    • Alvarado-Gil: no
    • Grove: no
    • Ochoa Bogh: no
    • Valladares: other
    • Dahle: other
    • Niello: other
    • Gonzalez: other

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

    2026-06-10 · pass · 7-0

    Member-level votes (7)
    • Arambula: yes
    • Lee: yes
    • Chen: yes
    • Alanis: yes
    • Kalra: yes
    • Ward: yes
    • Ortega: yes

Related bills

No related bills recorded for this bill.

Official source

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB909

Attribution

Data from openstates_api_sync, retrieved 2026-09-30T03:29:16.539363Z

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