Last reviewed June 15, 2026
Is the California DBE Program Still Active in 2026?
Short answer
Yes — the DBE program is still active in California. The October 2025 USDOT rule removed the program's race- and sex-based presumptions, the Mid-America Milling injunction was dissolved as moot in March 2026, and certification now runs on individualized proof of disadvantage (a Personal Narrative) rather than group membership. New applications and reevaluations are still being processed.
If you searched whether the Caltrans DBE program is “on hold,” whether DBE goals are coming back, or whether anyone is still getting certified, here is the current picture as of mid-2026. This is an independent summary for general information, not legal advice.
What the October 2025 Interim Final Rule changed
On October 3, 2025, USDOT issued an Interim Final Rule (IFR) that removed the long-standing rebuttable presumption that members of certain racial, ethnic, and gender groups are socially and economically disadvantaged. Under the IFR:
- Every DBE and ACDBE applicant must now individually demonstrate social and economic disadvantage through a Personal Narrative.
- The personal net worth cap was raised to $2,047,000 (see the PNW guide).
- Existing certified firms must be reevaluated under the new standard.
What happened with the lawsuit and the injunction
In Mid-America Milling Co. v. U.S. Department of Transportation, a federal court had issued a preliminary injunction barring USDOT from applying the DBE program's race- and sex-based presumptions. Once the October 2025 IFR eliminated those presumptions, the court concluded the plaintiffs had already obtained the relief they were seeking and dismissed the case as moot, dissolving the injunction in March 2026. In other words, the lawsuit ended not because the program was struck down, but because USDOT changed the rule.
Are Caltrans DBE contract goals back?
The IFR paused the old presumption-based, race-conscious goal framework on federally assisted highway and airport projects while USDOT moves the program to individualized determinations. As of mid-2026, the program operates under that new framework, and USDOT has not announced a return to the prior goal structure. Because this area is still evolving, confirm the current contract-goal policy at ucp.dot.ca.gov before relying on it for a bid.
What this means if you are applying or already certified
- New applicants: California is still accepting DBE and ACDBE applications. Plan to write a Personal Narrative and file a PNW Statement — see the DBE certification guide.
- Currently certified firms: watch for your reevaluation notice and prepare your Personal Narrative early. The Caltrans reevaluation guide walks through the packet.
- Uncertainty remains: reevaluation is still underway across states, and related civil-rights complaints are pending elsewhere, so details may continue to change.
This article is general information, not legal advice, and the DBE regulatory landscape is changing. Verify the current rules at ucp.dot.ca.gov and the Federal Register, or consult a qualified attorney.
Frequently Asked Questions
Is the California DBE program still active in 2026?
Yes. The Disadvantaged Business Enterprise (DBE) program administered through the California Unified Certification Program (CUCP) remains active in 2026. What changed is how disadvantage is established: after the October 2025 USDOT Interim Final Rule, the race- and sex-based presumptions were removed, so every applicant must individually demonstrate social and economic disadvantage through a Personal Narrative.
Will Caltrans DBE goals be reinstated in 2026?
The October 2025 Interim Final Rule paused the old presumption-based, race-conscious goal framework on federally assisted highway and airport projects while USDOT transitions the program to individualized determinations. As of mid-2026 the program operates under that new framework rather than the former presumption-based goals. USDOT has not announced a return to the prior goal structure; check ucp.dot.ca.gov and the Federal Register for the current contract-goal policy.
What happened to the Mid-America Milling lawsuit and the DBE injunction?
In Mid-America Milling Co. v. U.S. Department of Transportation, a federal court had issued a preliminary injunction barring USDOT from using the DBE program's race- and sex-based presumptions. After the October 3, 2025 Interim Final Rule removed those presumptions, the court found the plaintiffs had received the relief they sought and dismissed the case as moot, dissolving the injunction in March 2026.
Is California still accepting new DBE applications in 2026?
Yes. The CUCP certifying agencies, including Caltrans, continue to accept new DBE and ACDBE applications. Applicants must meet the standard ownership, control, and size requirements and submit a Personal Narrative demonstrating individual social and economic disadvantage, plus a Personal Net Worth Statement under the $2,047,000 cap.
Have businesses been DBE certified in 2026 under the new rules?
Yes. Certifications continue to be granted under the individualized-determination standard introduced by the 2025 rule. The certifying agency evaluates each applicant's Personal Narrative and supporting documentation rather than relying on group membership.
Do I still need a Personal Narrative if the lawsuit was dismissed?
Yes. The case was dismissed because the rule change gave the plaintiffs what they wanted — the removal of group presumptions. That rule, which requires every applicant and reevaluating firm to submit a Personal Narrative, remains in effect. The Personal Narrative is now a core part of both new applications and the ongoing reevaluation of existing DBEs.
Need Help with Your DBE Certification?
Get connected with an experienced certification advisor who can guide you through the application process. Free initial consultation.
Request Free Consultation