SB 33 California Senate · 2025-2026 Regular Session

Public contracts: claim resolution.

Summary
Existing law prescribes various requirements regarding the formation, content, and enforcement of state and local public contracts. Existing law establishes, until January 1, 2027, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project against a public entity, as specified. For purposes of these provisions, existing law defines "public entity" to include, among others, a city, including a charter city, and county, including a charter county. Existing law imposes various requirements on a public entity in relating to the claim resolution process, including, among other things, conducting a reasonable review of the claim and, within 45 days, providing the claimant a written statement identifying the disputed and undisputed portions of the claim. This bill would repeal the above-described January 1, 2027, repeal date, thereby extending the operation of these provisions indefinitely. By indefinitely extending the duties of local agencies in relation to the above-specified claim resolution process, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status signed all 5 stages cleared
Introduction
Dec 2024
Committee Review
Jul 2026
Senate Passage
Jan 2026
Assembly Passage
Jul 2026
Signed into Law
Jul 2026
Introduced Dec 2, 2024 Signed Jul 16, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

03/10/25 - Amended Senate 01/05/26 - Amended Senate · 6 edits · Jan 5, 2026
MODERATE
SB 33 was completely repurposed between these two versions. The March 2025 version established the California SOAR Guaranteed Income Program for homeless high school seniors, including tax exclusions and a $1,000 monthly payment from May to August 2026. The January 2026 version removes all SOAR provisions (which were moved to a separate bill, JR11) and replaces them with an amendment to Section 9204 of the Public Contract Code that extends the public works claim resolution process indefinitely by removing its January 1, 2027 sunset date. The new provision imposes ongoing obligations on local agencies to review contractor claims within set timeframes, conduct meet-and-confer sessions, and use nonbinding mediation for unresolved disputes.
Scope change
The bill's scope shifted entirely from a social welfare program (guaranteed income for homeless youth) to public procurement law (contractor claim resolution on public works projects). The new version applies to all public entities statewide (with specific state department exclusions) and to contracts entered into on or after January 1, 2017, with no sunset date.
SCOPE

All provisions of the California SOAR Guaranteed Income Program were removed, including the $1,000 monthly payment to homeless 12th graders (May-August 2026), the tax exclusions in the Revenue and Taxation Code, the means-tested program exclusion in the Welfare and Institutions Code, and the program's January 1, 2029 sunset date. These provisions were transferred to a separate bill (JR11).

A new Section 1 amending Public Contract Code Section 9204 was added, extending the public works claim resolution process indefinitely by removing the January 1, 2027 repeal date. The provision applies to contracts entered into on or after January 1, 2017 and covers all public entities except specified state departments (Water Resources, Transportation, Parks and Recreation, Corrections, Military, General Services, and High-Speed Rail Authority).

The bill's designation as a state-mandated local program changed from 'no' to 'yes,' reflecting that the indefinite extension of claim resolution duties imposes ongoing obligations on local agencies. A new Section 2 includes a statewide concern finding to ensure the provision applies to charter cities, and Section 3 provides for state mandates reimbursement if the Commission on State Mandates determines costs are mandated.

REQUIREMENT

The amended Section 9204 requires public entities to conduct a reasonable review of contractor claims within 45 days and provide a written statement identifying disputed and undisputed portions. Undisputed amounts must be paid within 60 days of the written statement. If the claimant disputes the response, the public entity must schedule a meet-and-confer conference within 30 days, followed by nonbinding mediation for any remaining disputes, with costs shared equally.

ENFORCEMENT

Late payments bear interest at 7 percent per annum. Failure to respond within required timeframes results in the claim being deemed rejected in its entirety, though this does not constitute an adverse finding on the merits. A waiver of rights under the section is void and contrary to public policy, with limited exceptions for mutual agreement to skip mediation or for additional contractual dispute procedures that do not conflict with statutory timeframes.

ELIGIBILITY

Subcontractors and lower-tier subcontractors who lack privity of contract may request that the prime contractor present a claim on their behalf. The prime contractor must respond within 45 days confirming whether the claim was presented or providing reasons for not doing so.

Floor votes · Senate Jan 26, 2026 · Assembly Jul 2, 2026

How they voted

390
Passed · 1 other
Total votes 40
Jan 26, 2026
D Democratic30
29 Yea 1
96% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
13
Committee
12
Amendments
2
Jul 16, 2026
Signed into law
Approved by the Governor.
legislature
Jul 2, 2026
Upper · Passed
In Senate. Ordered to engrossing and enrolling.
upper
Jul 2, 2026
Lower · Passed
Read third time. Passed. (Ayes 70. Noes 0. Page 5984.) Ordered to the Senate.
lower
Jun 24, 2026
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (June 24).
lower
Jun 10, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 18. Noes 0.) (June 10). Re-referred to Com. on APPR.
lower
Jun 1, 2026
Committee
Referred to Com. on G.O.
lower
Jan 26, 2026
Upper · Passed
Read third time. Passed. (Ayes 39. Noes 0. Page 3279.) Ordered to the Assembly.
upper
Jan 20, 2026
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Jan 14, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0. Page 3213.) (January 13). Re-referred to Com. on APPR.
upper
Jan 5, 2026
Committee
Re-referred to Com. on JUD.
upper
Jan 5, 2026
Committee
Re-referred to Com. on RLS.
upper
Jan 5, 2026
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
upper
May 23, 2025
Upper · Passed
May 23 hearing: Held in committee and under submission.
upper
Apr 22, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 811.) (April 21). Re-referred to Com. on APPR.
upper
Mar 19, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 6. Noes 1. Page 419.) (March 19). Re-referred to Com. on HUMAN S.
upper
Mar 10, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
upper
Jan 29, 2025
Committee
Referred to Coms. on ED. and HUMAN S.
upper
Dec 2, 2024
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 Dave Cortese
Dave Cortese
DDemocratic
CA
15