SB 247 California Senate · 2025-2026 Regular Session

State agency contracts: bid preference: equity metrics.

Summary
Existing law establishes bid preferences and participation goals in public contracting for certain types of bidders. The Small Business Procurement and Contract Act establishes a minimum goal of 25% procurement participation for small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. The Small Business Procurement and Contract Act requires that state agencies awarding contracts for goods, information technology, services, and construction give 5% bid preferences, as specified, to small business and microbusiness bidders. The California Disabled Veteran Business Enterprise Program requires state departments that award contracts to establish 3% participation goals for certain types of contracts for certified disabled veteran business enterprises, as defined. This bill would require an awarding department, defined to include a state agency or department, to provide a bid preference of a prescribed percentage, as specified, in the award of contracts to contractors that set equity metrics. The bill would prohibit awarding a preference to a noncompliant bidder and would also prohibit the preference from being used to achieve any applicable minimum requirements. The bill would require the Department of General Services to adopt rules and regulations for the purpose of implementing these provisions.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Aug 2026
Senate Passage
Jan 2026
Assembly Passage
Governor
Introduced Jan 30, 2025 Last action Aug 13, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

04/21/25 - Amended Senate SB247 · 3 edits
MINOR
SB 247 was substantially narrowed in scope and its incentive structure was redesigned. The bill now applies only to construction projects exceeding $35 million funded by specific federal legislation (Infrastructure Investment and Jobs Act, Inflation Reduction Act, or CHIPS and Science Act), rather than all state contracts. Additionally, the flat 10% bid preference was replaced with a tiered system where the preference percentage scales from 1% to 10% based on how many labor hours are performed by eligible persons.
Scope change
The bill's scope was dramatically narrowed from applying to all state agency contracts (goods, services, construction, franchises, concessions, leases) to only large construction projects ($35M+) funded by three specific federal laws. This limits the bill's impact to a small subset of major infrastructure and technology projects.
SCOPE

The definition of 'contract' was changed from covering all state agreements (including services, materials, franchises, concessions, and leases) to only covering construction projects with aggregate costs exceeding $35 million that use funds from the Infrastructure Investment and Jobs Act, the Inflation Reduction Act of 2022, or the CHIPS and Science Act of 2022. This dramatically narrows which contracts are subject to the equity metrics requirement.

DEFINITION

The definition of 'equity metrics' was simplified from a broad set of criteria (workforce living below the poverty line, in communities affected by environmental pollution, or in regions with high unemployment and low-income concentrations) to simply 'hiring a required percentage of eligible persons,' where eligible person is defined as someone residing in a distressed area or disadvantaged community.

REQUIREMENT

The bid preference was changed from a flat 10% discount (for lowest responsible bidder) or 10% score addition (for highest scored bidder) to a tiered system: 1% preference for hiring eligible persons for 5-9% of labor hours, increasing by 1 percentage point per 10-point band, up to a maximum 10% preference for 90%+ of labor hours performed by eligible persons.

Floor votes · Senate Jan 27, 2026

How they voted

3010
Passed
Total votes 40
Jan 27, 2026
D Democratic30
30 Yea
100% Yea
R Republican10
10 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
7
Committee
7
Amendments
2
Aug 13, 2026
Lower · Passed
August 13 hearing: Held in committee and under submission.
lower
Jun 23, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 23). Re-referred to Com. on APPR.
lower
May 18, 2026
Committee
Referred to Com. on E.D., G., & H.I.
lower
Jan 27, 2026
Upper · Passed
Read third time. Passed. (Ayes 30. Noes 10. Page 3306.) Ordered to the Assembly.
upper
Jan 22, 2026
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2. Page 3268.) (January 22).
upper
Apr 22, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 4. Page 830.) (April 22). Re-referred to Com. on APPR.
upper
Apr 21, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.
upper
Apr 2, 2025
Committee
Re-referred to Com. on G.O.
upper
Mar 26, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 14, 2025
Committee
Referred to Com. on RLS.
upper
Jan 30, 2025
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Lola Smallwood-Cuevas
Lola Smallwood-Cuevas
DDemocratic
CA
28