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