BILL ANALYSIS AB 1009 Page 1 Date of Hearing: May 20, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair AB 1009 (V. Manuel Perez) - As Amended: May 6, 2009 Policy Committee: Jobs, Economic Development & the Economy Vote: 6 - 1 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill creates a direct loan program within the Small Business Loan Guarantee Program (SBLGP) to provide business loans to qualified small businesses. Specifically, this bill: 1)Requires the Secretary of the Business, Transportation, and Housing Agency to develop and implement a direct loan program to provide loans to small businesses that meet certain requirements. 2)Sets a maximum loan limit of $500,000 and would require all loans to have a guarantee from a federal agency or department. 3)Establishes the Direct Loan Account in the California Small Business Expansion Fund and would continuously appropriate all money in that account for the purposes of administering the program. 4)Requires the director of the SBLGP to develop and implement an application and review process that minimally includes eligibility standards, rating, and ranking criteria. 5)Requires as a condition of applying for a loan, that the business has not been successful in accessing capitol in the private market. 6)Requires the director of SBLGP to determine that the direct loan program is sufficiently capitalized prior to the programs' commencement. 7)Requires the director of SBLGP to report annually to the AB 1009 Page 2 Legislature on the activities of the program. 8)Requires an independent audit of the program and that the findings be reported to the governor and Legislature no later than six months after the second full fiscal year of operations. 9)Sunsets the program on January 1, 2015. FISCAL EFFECT 1)Administrative costs for the program, likely in excess of $150,000 per year. 2)Costs in the range of $50,000 for the required independent audit of the program and annual reports to the Legislature. COMMENTS 1)Rationale . According to the author, California small businesses face many challenges during this current economic downturn. Debt markets are frozen, unemployment is rising, and production is stalled. Although the federal government is working aggressively to improve the flow of capital, the fact remains that many small businesses do not have sufficient access to necessary financial resources. AB 1009 addresses this issue by authorizing the expansion of an existing state program to offer direct loans. The SBLGP has been operated by the state for over 20 years and has an established network of financial development corporations (FDCs) to undertake the expansion of the existing program to include direct loans. In fact, the SBLGP already provides direct loans for farmers who can secure a federal farm loan guarantee. 2)Small Business Loan Guarantee Program . The SBLGP has four program components: a loan guarantee, a direct farm loan, a disaster assistance loan guarantee, and a metal plating facility loan guarantee. The program is managed by BT&H and locally administered through 11 local FDCs, which review and AB 1009 Page 3 approve state-backed guarantees on loans made through private lending institutions. In order to qualify for SBLGP financial assistance, a business must meet the federal definition of a small business and be able to demonstrate that it cannot access private financing without the use of the guarantee. The program has a default rate at or below traditional lenders: 0.45% in 2006-07 and 0.25% in 2005-06. The five-year average default rate as of June 30, 2007 was 0.59%. The default rate for the comparable portfolio of the Small Business Administration is 3.5% to 5%. In 2007-08, approximately $38 million was available for loan guarantees under the SBLGP, which leveraged $169 million in small business loans. During this period, 1,358 guarantees were provided, creating and/or retaining 16,301 jobs. The total outstanding loan portfolio in 2007-08 was $365 million, representing 2,437 outstanding guarantees. Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081