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 








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            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.








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            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