BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 507


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          Date of Hearing:  April 14, 2015 


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 507  
          (Olsen) - As Amended March 26, 2015


          SUBJECT:  Department of Consumer Affairs:  BreEZe system:   
          annual report.


          SUMMARY:  Requires the Department of Consumer Affairs (DCA) to  
          submit an annual report to the Legislature and the Department of  
          Finance that includes an implementation plan for phase three of  
          the "BreEZe" computer system. 


          EXISTING LAW


          The Business and Professions Code (BPC):


          1)Establishes the Consumer Affairs Act which specifies the  
            intent of the Legislature is to promote and protect the  
            interests of consumers by the following means:  (BPC § 300)


             a)   Educating and informing the consumer to insure rational  
               consumer choice in the marketplace;


             b)   Protecting the consumer from the sale of goods and  








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               services through the use of deceptive methods, acts, or  
               practices which are inimical to the general welfare of  
               consumers;


             c)   Fostering competition; and,


             d)   Promoting effective representation of consumers'  
               interests in all branches and levels of government.


          2)Authorizes the DCA to enter into a contract with a vendor for  
            BreEZe, the integrated, enterprise-wide enforcement case  
            management and licensing system, no sooner than 30 days after  
            notification in writing to the chairperson of the  
            Appropriations Committees of each house of the Legislature and  
            Chairperson of the Joint Legislative Budget Committee.  (BPC §  
            210 (a)(1))


          3)Specifies that the amount of the BreEZe system vendor  
            construct funds shall be consistent with the project costs  
            approved by the office of the State Chief Information Officer  
            based on its review and approval of the most recent BreEZe  
            Special Project Report to be submitted by the DCA prior to  
            contract award at the conclusion of procurement activities and  
            indicates that this shall apply to all Budget Act items for  
            the DCA that have an appropriation for the BreEZe system.   
            (BPC § 210(a)(2-3))


          4)Specifies that the DCA shall, by December 31, 2014, submit to  
            the Legislature, the Senate Committee on Business, Professions  
            and Economic Development, the Assembly Committee on Business,  
            Professions and Consumer Protection and the budget committees  
            of each house, a report analyzing the workload of licensing  
            personnel employed by boards with the department participating  
            in the BreEZe system.  (BPC § 210 (a)(b)(1))








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          5)Indicates that the report submitted to the aforementioned  
            entities shall be submitted in compliance with Government Code  
            § 9795.  (BPC § 210(a)(b)(2))


          The Government Code (GC):


          


          6)Defines "report" as any study or audit.  (GC § 9795 (a)(2)(e))
          7)Includes the specifications for any report required or  
            requested by law to be submitted by a state or local agency to  
            the Members of either house of the Legislature including  
            guidelines for the summary page of the report, and for  
            printing, sending electronically and recording the report in  
            the journal of the appropriate house or houses of the  
            Legislature by the secretary or clerk of that house.  (GC §  
            9795 (a)(1))





          8)Specifies the rights of the public to receive copies of the  
            report from the state or local agency that authored the  
            report, or from the California State Library as the final  
            repository of public information.  (GC § 9795 (a)(2))



          THIS BILL


          1) Requires the DCA, on or after January 31, 2016, to submit an  
            annual report to the Legislature and the Department of Finance  








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            that includes the following:


             a)   The DCA's plan for implementing the BreEZe system for  
               the regulatory entities in the third phase of the  
               implementation project, including a timeline for  
               implementation;


             b)   The total estimated costs of implementation of the  
               system for the regulatory entities in the third phase of  
               implementation along with a cost-benefit analysis; and


             c)   A description of whether the BreEZe system will achieve  
               any operational efficiencies after being implemented by  
               boards and regulatory entities.


          2)Specifies that the report shall comply with Government Code §  
            9795.


          3)Lists the regulatory entities in the DCA's third phase of the  
            implementation project as follows:


             a)   Acupuncture Board


             b)   Board for Professional Engineers, Land Surveyors, and  
               Geologists


             c)   Bureau of Automotive Repair


             d)   Bureau of Electronic and Appliance Repair, Home  
               Furnishings, and Thermal Insulation








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             e)   Bureau for Private Postsecondary Education


             f)   California Architects Board


             g)   California Board of Accountancy


             h)   California State Board of Pharmacy


             i)   Cemetery and Funeral Bureau


             j)   Contractors' State License Board


             aa)  Court Reporters Board of California


             bb)  Landscape Architects Technical Committee


             cc)  Professional Fiduciaries Bureau


             dd)  Speech-Language Pathology and Audiology and Hearing Aid  
               Dispensers Board


             ee)  State Athletic Commission


             ff)  State Board of Chiropractic Examiners










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             gg)  State Board of Guide Dogs for the Blind


             hh)  Structural Pest Control Board


             ii)  Telephone Medical Advice Services Bureau


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  
          Legislative Counsel.


          COMMENTS


          1)Purpose. This bill is sponsored by the author.  According to  
            the author, "In order to ensure that Californians can rely on  
            the services they depend on in a timely and efficient manner -  
            even after implementing new technology - the Legislature and  
            DOF need to keep a close eye on the negotiation, planning,  
            development and implementation processes for the boards that  
            we entrust with licensing professionals."


          2)Background. In 2009, The DCA proposed the BreEZe information  
            technology system and the California Department of Technology  
            (CalTech) approved the proposal.    BreEZe was envisioned to  
            be an answer to the DCA's out of date Legacy technology system  
            and would provide needed applicant tracking licensing,  
            renewal, enforcement monitoring and cashiering support for 37  
            of the 40 boards, bureaus, committees and one commission  
            housed within the DCA.  The project began in 2011, and in  
            2013, BreEZe was launched for ten of the regulatory entities  
            (release 1).  In March of 2016, BreEZe is intended to be  
            launched for another eight entities (release 2).  


            State Audit. In the midst of BreEZe implementation for release  








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            1 and 2 regulatory entities, the DCA's management of the  
            project came under public scrutiny from a variety of sources  
            including Assemblymember Olson and myriad nursing students and  
            graduates.  The students and graduates were having difficulty  
            getting their applications for licensure and examination  
            processed by the Board of Registered Nursing - one of the  
            regulatory boards housed within the DCA.  In response, on May  
            20, 2014, Assemblymember Olson wrote a letter to the former  
            Chairman of the Joint Legislative Audit Committee,  
            Assemblymember Adam Gray, requesting that the Joint  
            Legislative Audit Committee, "approve an audit of policies and  
            procedures on the planning, development and implementation of  
            [BreEZe] that was used by the Board of Registered Nursing."


            On February 12, 2015, the State Auditor released a report  
            reflecting the following key findings from the audit:


                 "[DCA] did not adequately plan, staff and manage the  
               project for developing BreEZe;


                 CalTech did not ensure oversight for BreEZe until more  
               than one year after the project's commencement, and despite  
               being aware of the significant problems with the project,  
               continued to approve additional funding and allowed the  
               project to press forward without intervening to ensure  
               [DCA] took corrective action; and,


                 The three contracts that [DCA] awarded and the  
               Department of General Services approved for the BreEZe  
               project did not adequately protect the State- the  
               contracts' terms and conditions transferred significant  
               risk to the State, limited DCA's ability to terminate the  
               contracts, and reduced the State's protections against  
               intellectual property rights violations."  









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            The State Auditor also provided the following key  
            recommendations:


                 "The Legislature should require [DCA] to submit a report  
               annually that includes implementation plans for the  
               project's phase 3 regulatory entities, estimated costs  
               through implementation, and nay operation efficiencies that  
               will result from implementation by the regulatory entities;


                 CalTech should ensure that [DCA] promptly responds to  
               and addresses concerns raised by independent oversight  
               entities, require [DCA] to analyze the costs and benefits  
               of moving forward with the project as planned versus  
               suspending or terminating the projects, and document  
               reasons for approving any future deviations from standard  
               contract language; and, 


                 [DCA] should undertake all required oversight activities  
               with respect to BreEZe to prevent or identify and monitor  
               any problems that arise, complete a cost-benefit analysis  
               of the project and any required changes, and continue to  
               work with the phase 1 regulatory entities to ensure  
               problems are promptly resolved."


               (California State Auditor Fact Sheet, California Department  
               of Consumer Affairs' BreEZe System, February 12, 2015)


            The DCA responded to the State Auditor's audit in a letter  
            dated January 22, 2015.  In it, the Director of the DCA, Awet  
            Kidane, stated, "The Department appreciates your office's  
            review of the BreEZe System and agrees with its  
            recommendations.  The Audit findings reflect a number of areas  
            of concern that the Department has been in the process of  








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            correcting, and in many cases, has already corrected."


            The CalTech also responded to the audit in a letter dated  
            January 22, 2015, "While the recommendations made in the  
            report are for the most part appropriate and in line with  
            actions and initiatives that CalTech has already undertaken,  
            we have general concerns with the report?It is important to  
            acknowledge that the BreEZe system was successfully put into  
            production in 2014.  BreEZe is currently in daily use and is  
            successfully processing licenses, collecting fees and handling  
            customer service request for the Boards and Bureaus that were  
            included in Release 1.  This is evidenced by the following  
            production metrics for the period of October 2013 through  
            October 2014:


                 Number of Registrations processed: $444,000


                 Initial Applications Processed: $251,000


                 Revenue Collected: $137,000,000


                 50,000 complaints filed [online]."


            Changes to the BreEZe Contract. After negotiation with the  
            BreEZe vendor, Accenture, the DCA decided to end the "design  
            and development" contract at the conclusion of release 2 while  
            maintaining the "software licensing" and "maintenance and  
            operations" contracts for release 1 and 2 regulatory entities.  
             This amendment to the contract was estimated to increase  
            project costs by $17.5 million.  DCA indicated it would  
            perform a cost-benefit analysis and reassess the plan for  
            providing IT support to the remaining regulatory entities that  
            had not launched BreEZe yet.  








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            On January 27, 2015, the Department of Finance notified the  
            Joint Legislative Budget Committee (JLBC) of a request from  
            the DCA to enter into the aforementioned contract amendment.   
            The response to the request, from the Chair of JLBC, Senator  
            Mark Leno, was as follows, "I do not concur at this time?the  
            request reflect a significant change in project costs and  
            scope?"  Instead, the Chair of the JLBC requested additional  
            information from the DCA including:


             1.   DCA's long term plan for the project. "The legislature  
               needs the long-term plan for moving forward?including the  
               anticipated cost and timeline for providing IT solutions  
               for the [boards] and bureaus in Release 3;


             2.   Allocation of project costs. "Information is also needed  
               on how project costs will be allocated across boards and  
               bureaus and how those costs will affect license fees for  
               each entity; and,


             3.   Reassess request following oversight hearings. "By not  
               concurring with the [request] at this time, it will provide  
               budget and policy committees with an opportunity to more  
               fully evaluate the options for moving forward with the  
               project."


            Legislative Committees' Response. On March 12, 2015, the DCA,  
            CalTech and the State Auditor presented information about the  
            BreEZe project and the audit before the Senate Budget and  
            Fiscal Review Committee Subcommittee No. 4.  These parties  
            presented information again On March 23, 2015, before the  
            Assembly Committee on Business and Professions and the Senate  
            Committee on Business, Professions and Economic Development's  
            Joint Sunset Review Oversight Hearing. 








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            On March 24, 2015, the JLBC Chair wrote a letter to the  
            Department of Finance indicating, "The hearings have provided  
            [an] opportunity for [a] fuller evaluation of BreEZe."  As a  
            result, the JLBC Chair noted in his letter, "DCA may proceed  
            with the contract amendment." He also noted, "?it is my  
            expectation that DCA will provide the Legislature with more  
            comprehensive and timely information regarding the  
            implementation of the BreEZe project on an ongoing basis. This  
            should include:


                 Any relevant project updates related to Releases 1 and  
               2;


                 A plan for Release 3, including DCA's best current  
               estimate of anticipated project schedule and costs, as well  
               as the expected costs to each board and bureau and their  
               licensees; and,


                 Copies of DCA's mandated status reports to the State  
               Auditor regarding implementation of the Auditor's  
               recommendations."


          REGISTERED SUPPORT / OPPOSITION




          Support:


          None on file.










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          Opposition:


          None on file.







          Analysis Prepared by:Le Ondra Clark Harvey, Ph.D. / B. & P. /  
          (916) 319-3301