BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 901
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 901 (V. Manuel Pérez)
          As Amended  August 30, 2011
          Majority vote
            
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          |ASSEMBLY:  |71-7 |(June 2, 2011)  |SENATE: |39-0 |(September 1,  |
          |           |     |                |        |     |2011)          |
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          Original Committee Reference:   B. & F. 

          SUMMARY:  Expands the definition of financial institutions 
          eligible to participate in the California Capital Access Program 
          (CalCAP) and increases CalCAP reporting requirements.  
          Specifically, this bill:  

          1)Defines "microbusiness lender" as a nonprofit or nonbank 
            lender that serves very small business in low- and moderate- 
            income communities that experience barriers in accessing 
            capital.

          2)Establishes that a financial institution includes an insured 
            depository institution, insured credit union or community 
            development financial institution.  

          3)Adds, to the definition of financial institution, small 
            business financial development corporation or microbusiness 
            lender that meets standards established by the CPCFA.  

          4)Requires that when a financial institution contracts with the 
            CPCFA to use the North American Industry Classification 
            System, in addition, report the number of jobs created and the 
            number of jobs retained. 

          5)Requires the CPCFA to include in their annual report to the 
            Governor and Legislature the programmatic results which shall 
            include: 

               a)     All outstanding loans on the date the report is 
                 issued;

               b)     New loans issued since the report from the prior 
                 year;









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               c)     Total number of businesses served;

               d)     Jobs created;

               e)     Jobs retained;

               f)     The geographic distribution of the loans; and,

               g)     The breakdown of businesses served by the industry 
                 sector.

          The Senate amendments add the definition of a "microbusiness 
          lender" and clarifies that a financial institution includes 
          depository institutions, insured credit union or a community 
          development financial institution.  

          EXISTING FEDERAL LAW enacted the Small Business Jobs Act (H.R. 
          5297) on September 27, 2010, which creates the Small Business 
          Lending Fund Program to direct the Secretary of the Treasury to 
          make capitol investment in eligible institutions in order to 
          increase the availability of credit for small businesses and to 
          amend the Internal Revenue Code of 1986 to provide tax 
          incentives for small business job creation (15 U.S.C. Sec. 631 
          et seq.).

          EXISTING STATE LAW:

          1)Defines the "California Capital Access Fund" as a fund created 
            within the CPCFA to be used for purposes of the program 
            (Health and Safety Code Section 44559.1).

          2)Defines "financial institution" as a federal- or 
            state-chartered bank, savings association, credit union, 
            not-for-profit community development financial institution 
            certified under Part 1805 (commencing with Section 1805.100) 
            of Chapter XVIII of Title 12 of the Code of Federal 
            Regulations, or a consortium of these entities.  A consortium 
            of those entities may include a nonfinancial corporation if 
            the percentage of capitalization by all nonfinancial 
            corporations in the consortium does not exceed 49% (Health and 
            Safety Code Section 44559.1).

          3)Defines, "financial institution" as a lending institution that 
            has executed a participation agreement with the Small Business 
            Administration under the guaranteed loan program pursuant to 








                                                                  AB 901
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            Part 120 (commencing with Section 120.1) of Chapter I of Title 
            13 of the Code of Federal Regulations and meets the 
            requirements of Section 120.410 of Chapter I of Title 13 of 
            the Code of Federal Regulations, and a small business 
            investment company licensed pursuant to Part 107 (commencing 
            with Section 107.20) of Chapter I of Title 13 of the Code of 
            Federal Regulations.  For loans where all or part of the fees 
            and matching contributions are paid by an entity participating 
            in the program pursuant to subdivision (e) of Section 44559.2, 
            "financial institution" also includes financial lenders, as 
            defined in Financial Code Section 22009, making commercial 
            loans, as defined in Financial Code Section 22502 (Health and 
            Safety Code Section 44559.1).

          4)Requires the CPCFA to annually prepare a report to the 
            Governor and the Legislature that describes the financial 
            condition and programmatic results of the capital access loan 
            program for small businesses (Health and Safety Code Section 
            44559.6).

          5)Establishes the California Small Business Financial 
            Development Corporation Law (Corporations Code Sections 
            14000-14091).

          AS PASSED BY THE ASSEMBY, this measure is substantially similar 
          to the measure passed by the Senate. 

          FISCAL EFFECT:  According to the Assembly Appropriations 
          Committee, minor and absorbable costs to the CPCFA.

          COMMENTS:  This bill is one of seven measures sponsored by the 
          Assembly Jobs, Economic Development and the Economy (JEDE) 
          Committee.  AB 901(V. Manuel Pérez) expands the definition of 
          financial institutions to include a small business financial 
          development corporation or microenterprise development 
          organization that meets the standard established by the CPCFA.

          This bill will give small business financial development 
          corporations and microbusiness lenders access to the $6 million 
          allocated in AB 1632 (Assembly Budget Committee), Chapter 731, 
          Statutes of 2010.  Neither of these entities will have access to 
          funding allocated in the federal Small Business Jobs Act since 
          this act does not apply to these entities.  

          According to the California Association for Micro Enterprise 








                                                                  AB 901
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          Opportunity (CAMEO), a microenterprise is a business that 
          generally requires $35,000 or less in start-up capital and often 
          does not have access to the traditional commercial banking 
          sector.  CAMEO reports that 85% of all businesses in the U.S. 
          are microenterprises.  These very small firms generate close to 
          25% of all jobs in our economy. 

          The measure adds a definition of microbusiness lenders which is 
          a nonprofit or nonbank lender that serves very small businesses 
          in low- and moderate-income communities that experience barriers 
          in accessing capital. These businesses are often owned by 
          minorities, immigrants, women, and persons with disabilities. 
          Microbusiness lenders generally provide loans under fifty 
          thousand dollars ($50,000) and offer business technical 
          assistance, both preloan and postloan, to improve an applicant's 
          ability to qualify and successfully repay a loan.

          Under California law, a small business financial development 
          corporation is a nonprofit corporation.  When Corporations Code 
          Section 14002 was enacted it was the intent of the Legislature 
          "to promote the economic development of small businesses by 
          making available capital, general management assistance, and 
          other resources, including loan services, personnel, and 
          business education to small business entrepreneurs, including 
          women and minority owned businesses, for the purpose of 
          promoting the health, safety, and social welfare of the citizens 
          of California, to eliminate unemployment of the economically 
          disadvantaged of the state, and to stimulate economic 
          development, employment, minority group, women, and disabled 
          persons entrepreneurship" (Corporations Code Section 14002).

          This bill deletes the Standard Industrial Classification (SIC) 
          and replaces it with the North American Industry Classification 
          System (NAICS).  This is a necessary change since SIC was 
          replaced by the NAICS in 1997, but several data sets are still 
          available with SIC-based data.  Both SIC and NAICS classify 
          establishments by their primary type of activity.  NAICS is the 
          standard used by federal statistical agencies in classifying 
          business establishments for the purpose of collecting, 
          analyzing, and publishing statistical data related to the U.S. 
          business economy.

          NAICS was developed under the auspices of the Office of 
          Management and Budget (OMB).  It was developed jointly by the 
          U.S. Economic Classification Policy Committee (ECPC), Statistics 








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          Canada, and Mexico's Instituto Nacional de Estadistica y 
          Geografia, to allow for a high level of comparability in 
          business statistics among the North American countries.
           
          This bill also expands reporting requirements placed on the 
          CPCFA.  The CPCFA is already required to report to the Governor 
          and Legislature annually regarding CalCAP but this bill provides 
          more detailed information that needs to be required in the 
          report.  

          Related legislation.  AB 981 (Hueso) of 2011 would make various 
          changes to the California Capitol Access Loan Program with the 
          intention of making it easier to implement the Federal Small 
          Business Jobs Act.  

          Previous legislation.  AB 1632 (Blumenfield), Chapter 731, 
          Statutes of 2010, transfers $32.4 million from the General Fund 
          to support four small-business and jobs programs that exist in 
          current law.  More importantly, AB 1632 appropriates $6 million 
          to triple the size of CalCAP and provide statutory flexibility 
          to access federal funding in the Small Business Jobs Act.  
          According to the State Treasurer's office, who administers this 
          program, this appropriation potentially leverages over $135 
          million in loans, serving 1,000 businesses and creating or 
          retailing 3,200 jobs.  


          Analysis Prepared by:    Kathleen O'Malley / B. & F. / (916) 
          319-3081                                                    

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          0002460