BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 593| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 593 Author: Lieu (D) Amended: 1/27/14 Vote: 21 SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 6-0, 1/14/14 AYES: Berryhill, Cannella, Hernandez, Lieu, Padilla, Torres NO VOTE RECORDED: Wright, Correa, De León, Galgiani, Vacancy SENATE APPROPRIATIONS COMMITTEE : 6-0, 1/23/14 AYES: De León, Gaines, Hill, Lara, Padilla, Steinberg NO VOTE RECORDED: Walters SUBJECT : Social impact partnerships: pilot program SOURCE : GRACE DIGEST : This bill requires the Governor's Office of Planning and Research (OPR) to conduct a Social Impact Partnership Pilot Program; and permits OPR to identify and submit proposed social impact partnerships to the Legislature for consideration with the May Revision of the Governor's Budget each year beginning in 2015. ANALYSIS : Existing law establishes OPR and sets forth its powers and duties as the comprehensive state planning agency. This bill requires OPR to conduct a Social Impact Partnership Pilot Program. Specifically, this bill: CONTINUED SB 593 Page 2 1.Defines a "social impact partnership" or "pay for success contract" to mean a contract for services provided to address a defined demographic group's particular needs that are traditionally addressed through state programs and funding therefor, in order to improve outcomes and lower costs because payment is made only after measured results are achieved. 2.Designates OPR as the entity to conduct the Social Impact Partnership Pilot Program. 3.Permits the OPR Director to identify and submit proposed social impact partnerships to the chairs of the Senate and Assembly budget committees, and the chairs of the relevant subcommittee for consideration with the May Revision of the Governor's Budget each year, beginning in 2015. 4.Requires the OPR Director, prior to the submission of any proposed social impact partnerships, to consult with the appropriate state agency or department responsible for administering any affected state program. 5.Specifies that each submission shall at a minimum include all of the following: A. A description of the proposed social program; B. A description of the organization's experience in providing the proposed social program; C. A description of the financial stability of the organization; D. An identification of each component of the social program to be provided; E. A description of how the social program will be provided; F. A description of the recruitment or selection process, or both, for participants in the social program; G. The proposed quantifiable results upon which success of the social program will be measured; and CONTINUED SB 593 Page 3 H. An itemization of all expenses proposed to be reimbursed under the contract. 1.Creates the Social Innovation Financing Trust Fund from which funds appropriated by the Legislature would be spent on contracts entered into by OPR with approved applicants. 2.Authorizes OPR to adopt regulations to implement the program. 3.Requires OPR to adopt an application fee that is sufficient to cover expenses incurred by OPR, including startup costs. 4.Requires the OPR Director to report annually to the Governor and Legislature on the status of ongoing social impact partnerships and the Social Innovation Financing Trust Fund. 5.Sunsets the pilot program on January 1, 2020. Background Pay for success . A pay for success or social impact contract is a type of financing in which funds are raised from investors to provide social service providers with the working capital to deliver their services. According to the U.S. Department of Labor ("What is Pay for success?"): "Under the pay for success model, a government agency commits funds to pay for a specific outcome that is achieved within a given timeframe. The financial capital to cover the operating costs of achieving the outcome is provided by independent investors. In return for accepting the risks of funding the project, the investors may expect a return on their investment if the project is successful; however, payment of the committed funds by the government agency is contingent on the validated achievement of results. In this way, the pay for success model shifts the burden of investment risk from the government to private investors, effectively creating a social investment market where the government only pays for results." Federal government incentives for state and local governments . In November 2013, the U.S. Department of the Treasury issued a Request for Information that will help design a proposed $300 million Incentive Fund to further expand pay for success CONTINUED SB 593 Page 4 contracts. The Fund is intended to empower cities, states and nonprofits to test new pay for success models. According to the White House, this same Fund was also part of the President's commitment of nearly $500 million in this year's Budget to expand pay for success strategies. Similarly, the U.S. Department of Labor recently announced a grant that will provide approximately $24 million to pay for success initiatives in New York and Massachusetts. These grants are designed to increase employment and reduce recidivism in ex-offender populations. These projects will feature strong private sector support to amplify the public dollars. They also will use rigorous valuation methods to measure their outcomes, which also will be reviewed by independent validators, according to the grant announcement. Program challenges . According to a recent study (Social Impact Bonds, Jeffrey Liebman, Center for American Progress, February 2011), these social impact/pay for success programs will work only for interventions that meet specified criteria, including (1) the interventions must have sufficiently high net benefits; (2) the interventions must have measurable outcomes; (3) the treatment population must be well-defined up front; (4) impact assessments must be credible; and (5) unsuccessful performance must not result in excessive harm. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: One-time costs of approximately $125,000 to promulgate regulations (General Fund). First year program administration costs of approximately $175,000, with ongoing annual costs in the range of $150,000 (General Fund). Costs could be partially offset by application fees. SUPPORT : (Verified 1/23/14) GRACE (source) California Hospital Association CONTINUED SB 593 Page 5 Catholic Charities of Santa Clara County First 5 LA Homeboy Industries LAX Coastal Chamber of Commerce Los Angeles Area Chamber of Commerce Los Angeles County Board of Supervisors, Chairman Don Knabe Los Angeles Junior Chamber of Commerce Los Angeles Times Editorial Board O'Connor Hospital Para Los Niños SEIU-UHW Seton Medical Center Shields for Families St. Francis Medical Center St. John's Well Child and Family Center St. Joseph Center St. Louise Regional Hospital St. Vincent Medical Center ARGUMENTS IN SUPPORT : According to the author's office, this bill adds California to the growing list of governmental entities that are pursuing Social Impact Partnerships which are "a promising new financing mechanism for social programs. They have been a bi-partisan approach used by other states as well as the Obama Administration, which has a major initiative to expand their use. This financing mechanism offers government a way to partner with the non-profit and private sector to spur innovation in social programs, but by setting specific goals that can be measured, government only pays for success." MW:e 1/24/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED