AB 1039 California Assembly · 2025-2026 Regular Session

State-funded assistance grants and contracts: advance payments.

Summary
Existing law authorizes a state agency administering a grant program or contract to advance a payment to a recipient entity, subject to specified requirements. Existing law defines "recipient entity" for these purposes to mean a private, nonprofit organization qualified under federal law, or a federally recognized Indian tribe whose territorial boundaries lie wholly or partially within the State of California, as specified. Existing law requires the administering state agency, among other things, to prioritize recipient entities and projects serving disadvantaged, low-income, and underresourced communities, to stipulate an advance payment structure and request process within the grant agreement or contract, and to ensure an advance payment to the recipient entity does not exceed 25% of the total grant or contract amount, except as specified. Existing law requires recipient entities to satisfy specified minimum requirements, including submitting prescribed documentation, providing progress reports on the expenditure of advanced funds no less than on a quarterly basis, and depositing any funds received as an advance payment into a federally insured account, as specified. This bill would expand the definition of "recipient entity" to include a private, nonprofit organization qualified under state law and would limit the requirement to prioritize recipient entities and projects to grants and contracts advertised before January 1, 2026. The bill would eliminate the requirement to stipulate an advance payment structure and request process. The bill would limit the above-described documentation and federally insured account requirements to apply only to grants and contracts in excess of $10,000 and, for grants or contracts less than $10,000, would instead require recipient entities to provide the above-described progress reports no less than annually. The bill would revise and recast the above-described authorization for an administering state agency to instead require the agency to advance a payment to an eligible recipient entity in accordance with the above requirements for any grants and contracts advertised on or after January 1, 2027, with a total award value of $150,000 or less, receiving an initial disbursement of 25 percent of the total award that meets one or more of specified criteria. The bill would authorize an administering state agency to distribute advance payments in multiple installments over the course of the grant or contract term and would authorize a recipient entity to request subsequent advance payment installments, as provided. This bill would authorize an administering state agency to opt out of the default advance payment requirement for a specific funding opportunity if the agency determines it would create an irreconcilable conflict with federal law, bond requirements, or a documented high-risk profile of the specific program. To exercise the opt-out, the bill would require the agency to follow prescribed procedures, including clearly stating in the grant solicitation or request for proposal that advance payment is not available for that specific opportunity. Existing law requires each state agency to register every grant the state agency administers with the California State Library prior to commencing a solicitation or award process for distribution of the grant, and to provide specified information that assists the California State Library with cataloging the distribution of grants and provides potential applicants with understandable and consistent information about available funding opportunities. This bill would require a state agency to include within the information submitted to the California State Library, the percentage of the grant funds that may be distributed as an advance payment. This bill would require, on or before July 1, 2027, the Strategic Growth Council, in consultation with the Department of Finance and the Department of General Services, to develop a Statewide Advance Funds and Reconciliation Guide (Master Guide) , as specified. The bill would require the Department of General Services to actively promote the Master Guide across state agencies and would require every state agency to adopt the Master Guide as its standard operating procedure for the disbursement, tracking, and reconciliation of advance payments, as provided.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Aug 2026
Assembly Passage
Jun 2025
Senate Passage
Aug 2026
Governor
Introduced Feb 20, 2025 Last action Aug 30, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

08/13/26 - Amended Senate 08/21/26 - Amended Senate · 5 edits · Aug 21, 2026
MODERATE
The August 21 amendment to AB 1039 delays the mandatory advance payment requirement by one year (from January 1, 2026 to January 1, 2027), narrows its scope to grants and contracts with a total award value of $150,000 or less, removes the requirement for agencies to consider CACE program best practices, and adds language allowing continuous advance payments throughout a grant or contract term. These changes make the bill's core mandate more limited in both timing and applicability.
TIMELINE

The effective date for the mandatory advance payment requirement was changed from January 1, 2026 to January 1, 2027, giving agencies an additional year before they must provide advance payments to eligible recipients.

SCOPE

The mandatory advance payment requirement is now limited to grants and contracts with a total award value of $150,000 or less. The prior version applied to all grants and contracts advertised on or after the effective date regardless of amount.

REQUIREMENT

The requirement for administering state agencies to consider utilizing advance payment best practices and processes identified by the Strategic Growth Council's CACE program was removed from subdivision (c)(1).

New language added allowing an administering state agency to provide advanced payments continuously through the grant or contract term, in addition to the existing installment structure.

The requirement that the solicitation for a grant or contract state the percentage of funds that may be distributed as an advance payment was removed from subdivision (d). This disclosure obligation remains in Section 11019.2 for California State Library registration purposes.

Floor votes · Senate Aug 28, 2026 · Assembly Jun 2, 2025

How they voted

400
Passed
Total votes 40
Aug 28, 2026
D Democratic30
30 Yea
100% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
10
Committee
9
Amendments
6
Aug 30, 2026
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling.
lower
Aug 28, 2026
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 28, 2026
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.).
upper
Aug 21, 2026
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 13, 2026
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Aug 13, 2026
Introduced
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 13).
upper
Aug 3, 2026
Committee
In committee: Referred to APPR. suspense file.
upper
Aug 7, 2025
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jul 8, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (July 8). Re-referred to Com. on APPR.
upper
Jun 18, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.
upper
Jun 11, 2025
Committee
Referred to Com. on G.O.
upper
Jun 2, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1873.)
lower
May 23, 2025
Lower · Passed
From committee: Do pass. (Ayes 14. Noes 0.) (May 23).
lower
May 7, 2025
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 24, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 22. Noes 0.) (April 23). Re-referred to Com. on APPR.
lower
Mar 10, 2025
Committee
Referred to Com. on G.O.
lower
Feb 21, 2025
Lower · Passed
From printer. May be heard in committee March 23.
lower
1 primary · 1 co-sponsor

Sponsors