Contingencies in California Legislation

Contingencies take different forms in California bills. Most are familiar with contingent enactment language, which means the bill, while it is enacted by virtue of being signed by the Governor, only becomes operative if something else happens (e.g., a ballot measure passes and another bill is also enacted). There are three contingencies that can be set forth in legislation in this state. The following are examples:

Contingent Operative:

This act shall become operative only if Assembly Bill 1642 of the 2025–26 Regular Session is enacted and becomes effective on or before January 1, 2027.

This language allows the bill to be enacted, but the new statute only springs to life (i.e., becomes operative) if the other bill is enacted. 

Contingent Implementation:

Implementation of the system is contingent upon the availability of funding for the system, as determined by the Chancellor of the California Community Colleges.

This language allows the bill to be enacted, but the new statute is only implemented by the entity if the contingency is met.

Something Different:

If any change made to this section by the act that added this subdivision results in a fiscal impact to the department or to a county to the extent that the change would require an additional appropriation beyond what is appropriated in the annual Budget Act or other legislation, and that additional appropriation has not been made, the department may defer implementation of the change until that additional appropriation is made in the annual Budget Act or other legislation. If the department defers implementation of a change, the department shall notify the appropriate fiscal and policy committees of the Legislature and shall publish this notification on the department’s internet website.

This language allows the bill to be enacted, but implementation may be deferred if additional funding is not appropriated.