Amended in Assembly May 27, 2016

Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2900

Introduced by Committee on Jobs, Economic Development, and the Economy (Assembly Members Eduardo Garcia (Chair), Brough, Brown, Chau, Chu, Gipson, Irwin, and Mathis)

March 3, 2016

An act to add Chapter 8 (commencing with Section 7400) to Part 1 of Division 2 of the Public Contract Code, relating to economic development.

LEGISLATIVE COUNSEL’S DIGEST

AB 2900, as amended, Committee on Jobs, Economic Development, and the Economy. Small business technical assistance centers.

Existing law, the Small Business Procurement and Contract Act, requires the Director of General Services and other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified.

This begin delete bill end delete begin insert bill, for contracts awarded on or after September 1, 2017, and before December 31, 2021, end insert would require an awarding department, as defined, to report to the Legislature by a specified date following any year that state funds are awarded to a federal small business technical assistance center, as defined. The bill would require a federal small business technical assistance center, as a condition of receiving state funds, to report certain information to the awarding department, including, but not limited to, the begin insert total end insert number of businesses assisted.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 8 (commencing with Section 7400) is
added to Part 1 of Division 2 of the Public Contract Code, to read:

 

Chapter  8. Small Business Technical Assistance Centers

 

7400.  

(a)  begin delete Beginning on September 30, 2018, and following end delete
begin insert Following end insert any year that state funds are awarded by begin delete a state end delete begin insert an
awarding end insert department to a federal small business technical
assistance center, the awarding department shall provide a report
to the Legislature that includes, at a minimum:

(1) The purpose of the contract and contract metrics.

(2) The amount of state funds awarded and expended during
the report year.

(3) The information required by subdivision (c).

(b) The information in the report to the Legislature described
in paragraph (3) of subdivision (a) shall be based on information
provided by the federal small business development center pursuant
to subdivision (c).

(c) As a condition of being awarded state funds, a federal small
business technical assistance center shall report to the awarding
department all of the following:

(1) The amount of federal funds drawn down as a result of
funding through the state begin delete contract. end delete begin insert contract, if any. end insert

(2) The begin insert total end insert number of businesses assisted.

(3) The begin delete industry sectors of the businesses assisted, end delete begin insert number of
businesses assisted by industry sector, end insert as reported by the
businesses.

(4) The begin delete city, county, and small business technical assistance
center jurisdiction in which the businesses are located. end delete begin insert number of
businesses assisted by city and county. end insert If the population of the
county is less than 250,000, only the name of the county is required
to be reported.

(5) The number of begin delete total employees employed by those
businesses at the time those businesses were end delete begin insert businesses end insert assisted
based on the following categories: no employees, five or begin delete less
employees, 20 or less employees, under 50 employees, under 100
employees, and under end delete begin insert fewer employees, 25 or fewer employees,
100 or fewer employees, and between 101 and end insert 500 employees, as
reported by the businesses.

begin delete

(6) The number of jobs created, as reported by the businesses.

(7) The number of jobs retained, as reported by the businesses.

end delete begin insert

(6) If job creation is one of the purposes of the program, the
total number of jobs created and the total number of jobs retained,
as reported by the business.

end insert begin delete

(8)

end delete

begin insert (7) end insert  Other program outcomes related to the purpose of the
program and contract begin delete metrics. end delete begin insert measurements and metrics, as
determined by the awarding department. end insert

(d) For the purposes of this section, the following terms shall
have the following meanings:

(1) An “awarding department” means a department, board,
agency, or authority of the state, or an officer, agent, or other
authorized representative of such a state entity awarding a contract
for services, including technical assistance to small businesses.

(2) A “federal small business technical assistance center” means
a Small Business Development Center, a Women’s Business
Center, a Veteran Business Outreach Center, begin delete a Service Corps of
Retired Executives (SCORE) center, a Hollings Manufacturing
Extension Partnership center, end delete or a Procurement Technical
Assistance Center operating in California under a federal contract.

begin delete

(3) A “Hollings Manufacturing Extension Partnership Center”
means the two California contractors recognized by the federal
National Institute of Standards and Technology pursuant to the
Omnibus Trade and Competitiveness Act of 1988 where small
manufacturers can obtain information and assistance on new
technology acceleration, supply chain management, lean
processing, export development, sustainable manufacturing
practices, and other issues related to innovation.

end delete begin delete

(4)

end delete

begin insert (3) end insert  A “Procurement Technical Assistance Center” means the
entity and individual, physical location, recognized by the United
States Department of Defense where a small business owner can
receive free training on a variety of state and federal procurement
issues, that is operated by the Department of Defense pursuant to
Chapter 142 (commencing with Section 2411) of Part IV of Subtitle
A of Title 10 of the United States Code.

begin delete

(5) A “Service Corps of Retired Executives (SCORE) center”
means the entity and individual, physical location, recognized by
the federal Small Business Administration where a small business
owner or an aspiring entrepreneur can receive free mentoring and
attend workshops on a variety of topics including starting,
operating, and expanding a small business, that is operated by the
Small Business Administration pursuant to Section 637 of Title
15 of the United States Code.

end delete begin delete

(6)

end delete

begin insert (4) end insert  A “Small Business Development Center” means the entity
and individual, physical location, recognized by the federal Small
Business Administration where a small business owner or an
aspiring entrepreneur can receive free one-on-one consulting and
low at-cost training on a variety of topics including starting,
operating, and expanding a small business, that is operated by the
Small Business Administration and is authorized by “The Small
Business Development Center Act of 1980” (Public Law 96-302).

begin delete

(7)

end delete

begin insert (5) end insert  A “Veteran Business Outreach Center” means the entity and
individual, physical location, recognized by the federal Small
Business Administration where a small business veteran owner or
an aspiring veteran entrepreneur can receive free one-on-one
consulting and low at-cost training on a variety of topics including
starting, operating, and expanding a small business, that is operated
by the Small Business Administration pursuant to Section 657b
of Title 15 of the United States Code.

begin delete

(8)

end delete

begin insert (6) end insert  A “Women’s Business Center” means the entity and
individual, physical location, recognized by the federal Small
Business Administration where a small business owner or an
aspiring entrepreneur can receive free one-on-one consulting and
low at-cost training on a variety of topics including starting,
operating, and expanding a small business, that is operated by the
Small Business Administration and is authorized by the “Women’s
Business Ownership Act of 1988” (Public Law 100-533).

(e) The report to the Legislature, required pursuant to
subdivision (a), shall be submitted in compliance with Section
9795 of the Government Code, and shall be posted on the Internet
Web site of the awarding department.

(f) To the extent that any provision of this chapter conflicts with
a federal regulation or law, the provision shall be inoperable.

(g) As an alternative to submitting the information pursuant to
subdivision (e), an awarding department may include the same
information in another annual report of the awarding department
and, in doing so, the report date in subdivision (a) may be modified
up to three months.

begin insert

(h) (1) This chapter applies to contracts awarded on or after
September 1, 2017, and before December 31, 2021.

end insert begin delete

(h)

end delete

begin insert (2) end insert  Notwithstanding Section 10231.5 of the Government Code,
this chapter shall become inoperative on January 1, 2022.