BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2022
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2022 (Medina)
          As Amended  May 23, 2014
          Majority vote 

           ADMINISTRATIVE REVIEW         9-1                   ECONOMIC  
          DEVELOPMENT      5-1            
           
           ----------------------------------------------------------------- 
          |Ayes:|Frazier, Achadjian,       |Ayes:|Medina, Campos, Fong,     |
          |     |Buchanan,                 |     |Fox,                      |
          |     |Ian Calderon, Cooley,     |     |V. Manuel Pérez           |
          |     |Medina, Olsen,            |     |                          |
          |     |Quirk-Silva, Salas        |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Allen                     |Nays:|Mansoor                   |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS               13-4                               
           
           -------------------------------- 
          |Ayes:|Gatto, Bocanegra,         |
          |     |Bradford,                 |
          |     |Ian Calderon, Campos,     |
          |     |Eggman, Gomez, Holden,    |
          |     |Linder, Pan, Quirk,       |
          |     |Ridley-Thomas, Weber      |
          |     |                          |
          |-----+--------------------------|
          |Nays:|Bigelow, Donnelly, Jones, |
          |     |Wagner                    |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Makes changes to the Target Area Contract Preference  
          Act (TACPA), redefining what qualifies as an economically  
          distressed area and identifying those individuals or groups at a  
          high risk of unemployment.  Specifically,  this bill  :

          1)Increases the dollar threshold of contracts eligible to  
            participate in TACPA to $250,000.

          2)Redefines a distressed area to be in the top quartile of  
            census tracts for having the highest unemployment and poverty  








                                                                  AB 2022
                                                                  Page  2


            in the state as determined by the Department of Finance  
            (Finance).

          3)Redefines a person with a high risk of unemployment to  
            include, but not be limited to:

             a)   A person who is currently unemployed and has been  
               unemployed for more than 200 days.

             b)   Veterans who served on active duty since September 11,  
               2001.

             c)   A person who has been convicted of a felony.

             d)   A person who receives benefits of the Supplemental  
               Nutrition Assistance Program.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, the revised definition of persons with a high risk of  
          unemployment would increase the likelihood of companies being  
          able to also take advantage of a workforce bidding preference.   
          The cost of the TACPA bid preference over the last four years  
          has averaged $110,000, and the Department of General Services  
          has reviewed around 40 TACPA applications annually during this  
          time at an administrative cost of around $140,000.  DGS notes  
          that the new parameters for the hiring credit would require  
          extensive substantiation of applications.  The potential impact  
          of this bill is unknown, but assuming a 50% increase in  
          administrative costs yields increased annual costs of $70,000.
           
          COMMENTS  :  TACPA promotes employment and economic development at  
          designated "distressed areas" by offering 5% worksite and 1% to  
          4% workforce bidding preferences in specified state service and  
          commodity contracts valued in excess of $100,000.

          Current persons defined within eligible groups include, but are  
          not limited to:

          1)Economically disadvantaged youth.

          2)Economically disadvantaged Vietnam-era veterans.

          3)Economically disadvantaged ex-convicts.









                                                                  AB 2022
                                                                  Page  3


          4)Vocational rehabilitation referrals.

          5)Youth participating in a qualified cooperative education  
            program.

          6)Recipients of supplemental security income benefits.

          7)General assistance recipients.

          Preferences only apply to bidders who are California based  
          firms, and only when the lowest responsible bid and resulting  
          contract exceeds $100,000.  Bidders must certify, under penalty  
          of perjury to perform either 50% (for community contracts) or  
          90% (for labor service contracts) of the labor hours in the  
          eligible TACPA area worksite(s).  TACPA work sites may be in,  
          directly adjacent to, or form a contiguous boundary with the  
          distressed area.

          According to the author's office, small businesses are the  
          backbone of our economy and it is imperative that they continue  
          to thrive.  The purpose of TACPA is to stimulate economic growth  
          and employment opportunities in designated "distressed areas"  
          throughout the State of California.  Small businesses located in  
          these areas often need all available preferences in order to  
          compete with larger businesses for state contracts.

          According to the Governor's Office of Planning and Research,  
          starting in 2010, the United States Census Bureau stopped  
          collecting data at the level needed to determine TACPA covered  
          areas.  These changes in the type of information collected in  
          the designated census have rendered the existing TACPA  
          unworkable.  In response to these changes, Finance has  
          determined that contract tracts are a good policy substitute.   
          This bill would update the existing TACPA to reflect the new  
          distressed area census tracts as determined by Finance.

           
          Analysis Prepared by  :    William Herms / A. & A.R. / (916)  
          319-3600 


                                                                FN: 0003797










                                                                  AB 2022
                                                                  Page  4