BILL ANALYSIS Ó SB 1116 Page 1 Date of Hearing: August 8, 2012 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 1116 (Leno) - As Amended: June 27, 2012 Policy Committee: Jobs and Economic Development Vote: 10-0 Banking 6-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill decreases the minimum contribution required of borrowers who participate in the Capital Access Loan Program (CalCAP), and increases the length of time that a financial institution has to apply to the California Pollution Control Financing Authority (CPCFA) to enroll a qualified loan in CalCAP. Specifically, this bill: 1)Decreases the minimum contribution required of borrowers who participate in the CalCAP from 2% to 1% of the principal amount of the loan. 2)Provides a sunset of April 1, 2017. FISCAL EFFECT 1)Minor and absorbable costs to the California Treasure's Office from the California Capital Access Fund (General Fund/special fund/federal funds) beginning in 2013-14 through 2015-16 for the administration of CalCAP. 2)Increased participation in CalCAP could result in possible cost pressure of potentially hundreds of thousands of dollars or more, to state funds within the California Capital Access Fund (General Fund/special fund/federal funds) beginning in 2013-14 through 2015-16. COMMENTS 1)Purpose . According to the author, SB 1116 will increase SB 1116 Page 2 access to small business loans supported by the Capital Access Loan Program (CalCAP) by reducing from 2% to 1% the minimum contribution amount for the borrower and lender to CalCAP reserve accounts, and extending the time for a lender to submit a loan enrollment application to CalCAP. The author argues by increasing access to CalCAP, the State Treasurer will be able to more effectively distribute the outstanding Federal funds in a timely manner and give small businesses more access to loans needed to help their businesses succeed and grow. 2)Support . According to the sponsor of the measure, California State Treasurer Bill Lockyer, SB 1116 will increase access to small business loans supported by CalCAP by reducing from 2% to 1% the minimum contribution amount for the borrower and lender to CalCAP reserve accounts, and extending the time for a lender to submit a loan enrollment application to CalCAP. 3)Background . CalCAP facilitates small business lending in California by helping lenders reduce the risk of lending to small businesses. By providing a form of portfolio insurance through loan loss reserve accounts, CalCAP encourages banks and other financial institutions to make loans to small businesses that are having difficulty obtaining capital. CalCAP, the borrower and the lender all contribute funds to a loan loss reserve account associated with the lender. These funds are pooled together and can be used to cover losses associated with any enrolled loan. CalCAP collects all interest earned on reserve accounts. The interest earnings are then used for program purposes. CalCAP is administered by the State Treasurer under the CPCFA. In 2007, various programs within CPCFA, including CalCAP, were narrowed or even cut in order to prevent overextension of CPCFA funds. In 2010, the Legislature voted to assist small business financing and boost the CalCAP program, granting it a $6 million appropriation from the General Fund. In addition, CalCAP received State Small Business Credit Initiative Act of 2010 federal funds in the amount of $84 million that must be spent by 2017. 4)Relevant legislation. AB 796 (Blumenfield) increases the maximum allowable contribution by a financial institution participating in CalCAP to $200,000. This bill is in the Senate Appropriations Committee. SB 1116 Page 3 5)Prior legislation a) AB 901 (V. Manual Perez), Chapter 483, Statutes of 2011, added microbusiness lenders and small business financial development corporations to the list of financial institutions eligible to participate in CalCAP. b) AB 981 (Hueso), Chapter 484, Statutes of 2011, restored CalCAP's severely affected area funding augmentations and authorized the authority to withdraw less than the full amount of accumulated interest from loan loss reserve accounts, to offset its costs to administer CalCAP. c) AB 1632 (Blumenfield), Chapter 731, Statutes of 2010, transferred $32.4 million from the General Fund to the California Small Business Expansion Fund, California Capital Access Fund and the California Economic Development Fund, to support small businesses and facilitate matching funds that would ensure a full complement of federal funding for these programs. Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081