BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 1533         Hearing Date:    July 6,  
          2015
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          |Author:   |Committee on Jobs, Economic Development, and the      |
          |          |Economy                                               |
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          |Version:  |May 13, 2015                                          |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Mason                                           |
          |:         |                                                      |
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                         Subject:  Infrastructure financing.


          SUMMARY:  Revises the definition of economic development  
          facilities and port facilities for purposes of the  
          Bergeson-Peace Infrastructure and Economic Development Bank Act  
          and authorizes the California Infrastructure and Economic  
          Development Bank to administer and expend certain federal funds.
          
          Existing law:
          
          1)Establishes GO-Biz within the Governor's Office for the  
            purpose of serving as the lead state entity for economic  
            strategy and marketing of California on issues relating to  
            business development, private sector investment and economic  
            growth.  GO-Biz also serves as the administrative oversight  
            for the California Business Investment Service and the Office  
            of the Small Business Advocate.  (Government Code (GC) §§  
            12096 - 12098.5)

          2)Requires the Director of GO-Biz to administer the Economic  
            Adjustment Assistance Grant (Assistance Grant) funded through  
            the United States Economic Development Administration under  
            Title IX of the Public Works and Economic Development Act of  
            1965 (Grant No. 07-19-02709 and 07-19-2709.1).  (GC § 12098.7)  


          3)Enacts the California Small Business Financial Development  







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            Corporation Law (FDC Law) with the intention of promoting the  
            economic development of small businesses by making available  
            capital, general management assistance, and other resources,  
            including loan services, personnel, and business education to  
            small business entrepreneurs, including women and minority  
            owned businesses, for the purpose of promoting the health,  
            safety, and social welfare of the citizens of California, to  
            eliminate unemployment of the economically disadvantaged of  
            the state, and to stimulate economic development, employment,  
            minority group, women, and disabled persons entrepreneurship.   
            (Corporations Code §§ 14000-14024) 

          4)Authorizes under the Bergeson-Peace Infrastructure and  
            Economic Development Bank Act (Act) the creation of the  
            Infrastructure and Economic Development Bank 
          (I-Bank) within GO-Biz, to promote economic revitalization,  
            enable future development, and encourage a healthy climate for  
            jobs in California.  
          (GC § 63000 et seq.) 

          5)Defines "Economic development facilities" for purposes of the  
            Act as real and personal property, structures, buildings,  
            equipment, and supporting components thereof that are used to  
            provide industrial, recreational, research, commercial,  
            utility, or service enterprise facilities, community,  
            educational, cultural, or social welfare facilities and any  
            parts or combinations thereof, and all facilities or  
            infrastructure necessary or desirable in connection therewith,  
            including provision for working capital, but shall not include  
            any housing.  (GC § 63010 (g))

          6)Defines "Executive director" as the Executive Director (ED) of  
            the I-Bank.  
          (GC § 63010 (i))

          7)Defines "Port facilities" for purposes of the Act as docks,  
            harbors, ports of entry, piers, ships, small boat harbors and  
            marinas, and any other facilities, additions, or improvements  
            in connection therewith.  (GC § 63010 (q) (7))

          8)Enacts the Small Business Financial Assistance Act of 2013 and  
            establishes the Small Business Finance Center within the  
            I-Bank for the purpose of assisting businesses seeking capital  
            resources not otherwise available in the private markets  








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            including:  

             a)   Loan guarantees and other credit enhancements;

             b)   Direct loans and other debt instruments;

             c)   Disaster loan guarantees; and 

             d)   Surety bond guarantees. (GC §§63088-63089.98)
                 
          9)Establishes the California Small Business Expansion Fund  
            (Expansion Fund) for the purpose of retaining the moneys which  
            separately capitalize the Small Business Loan Guarantee  
            Program (SBLGP) and paying out defaulted loan guarantees  
            issued under the SBLGP.  States findings and declarations that  
            the SBLGP has enabled participating small businesses that do  
            not qualify for conventional business loans or Small Business  
            Administration loans to secure funds to expand their  
            businesses. These small businesses would not have been able to  
            expand their businesses in the absence of the program. The  
            program has also provided valuable technical assistance to  
            small businesses to ensure growth and stability.  (GC §  
            63089.70)

          This bill:

          1) Adds "goods movement" to the definition of economic  
             development facilities above.

          2) Adds "railports" to the definition of port facilities above.

          3) Defines "goods movement-related infrastructure" for purposes  
             of public development facilities under the Act as port  
             facilities, roads, rail and other facilities and projects  
             that move goods, energy and information.

          4) Shifts administration of the Assistance Grant from GO-Biz to  
             the I-Bank.  

          5) Makes other technical changes.


          









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          FISCAL EFFECT:  This bill is keyed "fiscal" by Legislative  
          Counsel.  According to the Assembly Committee on Appropriations  
          analysis dated May 27, 2015, this bill will result in  
          administrative costs to the I-Bank, not likely to exceed  
          $150,000, to administer grant funds as specified.    

          
          COMMENTS:
          
          1. Purpose.  The  Author  is the  Sponsor  of this bill.  According  
             to the Author, over a decade ago, California received $2  
             million from the federal Economic Development Agency through  
             an Economic Adjustment Assistance Grant, which provides  
             funding to serve economically-distressed communities, and the  
             Sudden and Severe Economic Dislocation Grant Program, which  
             provides capital to businesses in economically-distressed  
             areas. 

             According to the Author, in 2008 the federal funds were  
             deposited in the Small Business Expansion Fund and the  
             then-Business, Transportation, and Housing Agency (BTH) was  
             given oversight responsibility.  The Governor's  
             Reorganization Plan (GRP) 2, submitted to the Legislature in  
             2012, eliminated the BTH.  The technical clean-up bills to  
             GRP2 transferred the California Small Business Expansion Fund  
             (including the federal funds) and the program authority to  
             oversee the federal funds to the I-Bank's parent agency, the  
             Governor's Office of Business and Economic Development  
             (GO-Biz).   According to the Author, at the same time that  
             the GRP2 bills were going through,  AB 1247  passed.  This  
             established the Small Business Finance Center at the I-Bank  
             and transferred the Small Business Expansion Fund to the  
             I-Bank which resulted in the Expansion Fund being under the  
             I-Bank and the program authority being under GO-Biz.

             According to the Author, AB 1533 proposes a more streamlined  
             organization structure for the federal funds by directing the  
             I-Bank to oversee the money and program implementation  
             responsibility.  The Author states that the shift is  
             recommended because the I-Bank already operates under the  
             purview of GO-Biz, meaning GO-Biz will still have oversight;  
             the I-Bank already has authority to provide direct loans and  
             guarantees to businesses seeking capital, meaning they are  
             well equipped to appropriately expend the funds and; the  








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             I-Bank already has primary responsibility for the funds in  
             the California Small Business Expansion Fund  

          2. Governor's Office of Business and Economic Development  
             (GO-Biz).  
          In February 2010, the Little Hoover Commission undertook a  
             review of the state's economic and workforce development  
             programs.  In its final report, Making up for Lost Ground:   
             Creating a Governor's Office of Economic Development, it  
             analyzed the status and effectiveness of current programs  
             since the 2003 demise of the Technology, Trade and Commerce  
             Agency and recommended the creation of a new governmental  
             entity to fill the void left by the dismantled agency.

             The report called for a single entity that would promote  
             greater economic development, foster job creation, serve as a  
             policy advisor and deliver specific services (i.e.,  
             permitting, tax, regulatory, and other information) directly  
             to the California business community.  In April 2010,  
             Governor Schwarzenegger issued Executive Order S-05-10 as a  
             means to operationalize the report recommendations including  
             the creation of the Governor's Office of Economic Development  
             (GOED).

             In October 2011, the Governor signed  AB 29  (cited and  
             described below), which effectively codified GOED and changed  
             its name to GO-Biz, effective January 1, 2012.  Since its  
             inception, the office has served over 3,000 businesses, 95%  
             of which are small.  The most frequent types of assistance  
             include help with permit streamlining, starting a businesses,  
             relocation and expansion of businesses, and regulatory  
             challenges.  

             In March 2012, the Governor initiated a reorganization  
             process to realign the state's administrative structure.  Key  
             changes include dismantling of the Business, Transportation  
             and Housing Agency (BTH) and the shifting of a number of key  
             programs and services to GO-Biz including the Small Business  
             Loan Guarantee Program, the California Travel and Tourism  
             Commission, the California Film Commission, the Film  
             California First Program and the Infrastructure and Economic  
             Development Bank (I-Bank).  GO-Biz also administers the "Made  
             in California" program for the purpose of encouraging  
             consumer product awareness and to foster the purchases of  








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          Economy)                          Page 6 of ?
          
          
             products manufactured in California.  GO-Biz now has  
             authority for undertaking international trade and foreign  
             investment activities, including establishing any  
             international trade and investment office (  AB 2012  , Perez,  
             Statutes of 2012).  GO-Biz has partnered with the Bay Area  
             Council to open a California-China Trade and Investment  
             office in Shanghai's downtown Yangpu district and is  
             authorized under current law to accept private monies to  
             establish, fund and operate these offices. 

             In 2013, the Governor signed  AB 1247  (Medina and Bocanegra,  
             Chapter 537, Statutes of 2013) establishing a Small Business  
             Finance Center within the I-Bank.  Among other programs, the  
             Small Business Finance Center offers direct loans, loan  
             guarantees, letters of credit and surety bond guarantees and  
             the I-Bank Board of Directors has the authority to approve  
             new debt and credit enhancement programs to assist small  
             businesses meet changing market needs.

          3. I-Bank.  The I-Bank was established in 1994 to promote  
             economic revitalization, enable future development, and  
             encourage a healthy climate for jobs in California.  Housed  
             within GO-Biz, it is governed by a five-member board of  
             directors comprised of the Director of GO-biz (Chair), State  
             Treasurer, Director Department of Finance, Transportation  
             Agency, and a Governor's appointee.  The day-to-day  
             operations of the I-Bank are directed by the Executive  
             Director who is an appointee of the Governor and is subject  
             to confirmation by the California State Senate.  Currently,  
             the I-Bank has authority for 25 staff members.
             
             The I-Bank does not receive any ongoing General Fund support,  
             rather it is financed through fees, interest income, and  
             other revenues derived from its public and private sector  
             financing activities.  According to its Comprehensive Annual  
             Financial Report for the fiscal year ended June 2013, its  
             programs continued to provide revenues sufficient to cover  
             operating expenses.  

             The I-Bank administers three programs:  (1) the  
             Infrastructure State Revolving Fund which provides direct  
             low-cost financing to public agencies for a variety of public  
             infrastructure projects; (2) the Conduit Bond Program which  
             provides financing for manufacturing companies, public  








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             benefit nonprofit organizations, public agencies and other  
             eligible entities; and (3) the Small Business Finance Center  
             which helps small businesses access private financing through  
             loan guarantees, direct loans, and performance bond  
             guarantees.  There is no commitment of I-Bank or state funds  
             for any of the conduit revenue bonds.  Even in the case of  
             default, the state is not liable.

             Since its creation in 1994, the I-Bank has loaned, financed,  
             or participated in over $344 billion in infrastructure and  
             economic expansion projects.  This includes over $400 million  
             to local and state agencies; developing a high-level of  
             expertise in the financing of public infrastructure.  The  
             I-Bank also serves as the state's only general purpose  
             financing authority with broad statutory powers to issue  
             revenue bonds, make loans, and provide guarantees.  Over $33  
             billion in conduit revenue bonds have been issued by the  
             I-Bank since 2000.  
             
          4. Related Legislation This Year.   AB 1537  (Assembly Committee  
             on Jobs, Economic Development and the Economy) expands the  
             reporting requirements of the California Small Business  
             Finance Center to include the geographic location of  
             businesses assisted by its programs.  (  Status:   The measure  
             is pending in the Senate Committee on Appropriations.)  

          5. Prior Related Legislation.   AB 2749  (Assembly Committee on  
             Jobs, Economic Development and the Economy, Chapter 132,  
             Statutes of 2014) made technical changes to the Government  
             Code relating to the transfer of economic development related  
             programs from the Business, Transportation and Housing Agency  
             (BTH) to GO-Biz.         

              AB 1247  (Medina, Chapter 537, Statutes of 2013) transferred  
             the administration of the small business FDC managed programs  
             from BTH to the California Infrastructure and Economic  
             Development Bank (I-Bank) within GO-Biz.

              AB 2523  (Hueso) of 2012 authorized the I-Bank to enter into  
             participation loan agreements and syndicated loan agreements  
             with financial institutions for loans they make to small  
             businesses.  (  Status:   The bill was held in the Senate  
             Committee on Appropriations.)









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              AB 1104  (Aghazarian, Chapter 624, Statutes of 2007) extended  
             the authority of the Expansion Fund through a FDC to make  
             small business loan guarantees in an area affected by a state  
             of emergency within the state and declared a disaster by the  
             President of the United States, or by the Administrator of  
             the federal SBA, or by the United States Secretary of  
             Agriculture.  The bill also modified the provision  
             authorizing the executive director of the Expansion Fund to  
             request a trustee of a trust fund to invest funds in  
             securities issued by the United States Treasury.

              AB 1695  (Bass) of 2007 would have appropriated $40 million  
             from the State Highway Account to be placed within a newly  
             created Surety Bond Guarantee Account within the Expansion  
             Fund and required the FDC Director to establish and  
             administer a surety bond guarantee account within to assist  
             small contractors with obtaining the necessary bond and  
             liability guarantees they need to compete for state  
             infrastructure projects.  (  Status:   The bill was held in the  
             Assembly Committee on Appropriations.)

              AB 3057  (Assembly Committee on Jobs, Economic Development and  
             the Economy, 2006) would have extended the sunset from  
             January 1, 2007 to January 1, 2012 on the Director of DOF's  
             authority to transfer moneys in the Special Fund for Economic  
             Uncertainties to the Expansion Fund, and made other technical  
             changes.  (  Status:   The bill was held in the Senate Committee  
             on Appropriations.)
             

          SUPPORT AND OPPOSITION:
          
           Support:   

          None on file as of June 30, 2015.

           Opposition:  

          None on file as of June 30, 2015.


                                      -- END --
          









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