BILL ANALYSIS Ó AB 1218 Page 1 Date of Hearing: May 13, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1218 (Weber) - As Amended April 23, 2015 ----------------------------------------------------------------- |Policy |Jobs, Economic Development, |Vote:|8 - 0 | |Committee: |and the Economy | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Accountability and | |9 - 0 | | |Administrative Review | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill expands the existing 3% statewide participation goal for disabled veteran business enterprises (DVBEs) in state contracting to include reporting to the Department of General AB 1218 Page 2 Services (DGS) of the overall dollar amount awarded by state departments each year to DVBEs and makes other program modifications. Specifically, this bill: 1)Modifies the existing DVBE incentive program to provide for a higher incentive when the bid comes a prime contractor who owns a DVBE; a DVBE that employs a workforce that is more than 50% veterans; or a DVBE that has not previously entered into any contracts with the state. 2)Requires the California Department of Veterans Affairs (CalVet) to establish a system for tracking the effectiveness of its efforts to promote the DVBE program and maintain complete records of its promotional events, as specified. 3)Requires departments that award DVBE contracts to retain DVBE payment records for at least five years and establish review procedures to ensure the accuracy and completeness of the records. 4)Revises the information that DGS is already required to report on DVBE contracting activity to include the level of participation, by agency, of DVBEs as a prime contractor or a subcontractor in statewide contracting; and, the dollar value of the contract award and the amount of the contract paid. 5)Directs DGS to establish guidelines for reporting multiyear contracts. FISCAL EFFECT: 1)Ongoing General Fund costs of approximately $430,000 for DGS AB 1218 Page 3 workload related to reporting requirements for awarding departments. DGS anticipates at least two staff would be needed to enter, analyze, and evaluate the information DGS receives. Further, DGS indicates they may need to contract for the design of an IT solution to analyze the data. While DGS would need to conduct a formal analysis, it is not unlikely a data system would result in costs of approximately $1 million to $2 million. Absent an IT system, this information would have to be tracked manually on a spreadsheet and would result in increased staffing costs. 2)Minor/absorbable costs for DGS to collect the amounts awarded and paid to DVBE prime contractors and subcontractors, and to engage in the rulemaking process. COMMENTS: Purpose. The California Disabled Veteran Business Enterprise Program, administered by DGS, was established to address the special needs of disabled veterans seeking rehabilitation and training through entrepreneurship, and to recognize the sacrifices California's disabled veterans made during their military service. According to the author, this bill aims to address the deficiencies identified a 2014 Commission on State Auditor report by providing bid preferences for new DVBEs and those seeking to become prime contractors; ensuring more accuracy in meeting the statewide 3% goal by requiring both the contract value and the actual amount DVBEs receive to be reported; and AB 1218 Page 4 mandating outcome-based measurements of DVBE recruitments efforts. These changes are intended to increase the number of participating DVBEs and improve the program's accountability. Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081