BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 936| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 936 Author: Hertzberg (D), et al. Amended: 6/29/16 Vote: 21 SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/11/16 AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 39-0, 4/21/16 (Consent) AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Runner ASSEMBLY FLOOR: 78-0, 8/11/16 (Consent) - See last page for vote SUBJECT: California Small Business Expansion Fund: corporate guarantees SOURCE: California Infrastructure and Economic Development Bank Governors Office of Business and Economic Development DIGEST: This bill reduces the required reserve leverage ratio of the California Small Business Expansion Fund (Fund), which funds the California Small Business Loan Guarantee Program SB 936 Page 2 (SBLGP), from 20 percent to 10 percent. Assembly Amendments correct a drafting error and add, to the program manager's list of responsibilities, that he or she is responsible for authorizing the leverage of moneys in the Fund. ANALYSIS: Existing law: 1)Establishes the Governor's Office of Business and Economic Development (GO-Biz), which is administered by a director appointed by the Governor 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. (Government Code (GC) §§ 12096 - 12098.5) 2)Establishes, by the Small Business Financial Assistance Act of 2013, the California Small Business Expansion Fund (Fund); authorizes the approval of certain small business financial development corporations (FDCs) to act as intermediaries between the state, small business, and financial institution in administering loan guarantees; requires the loan guarantees made under the Fund to be backed by money on deposit or by receivables due from funds loaned from the expansion fund. (GC §§ 63088 - 63089.98) 3)Specifies the reserve leverage ratio of the Fund at 20 percent and will increase that ratio to 25 percent on January 1, 2018. (GC §§ 63089.5 - 63089.62) This bill: 1)Decreases the required reserve for purposes of backing loan guarantees under the Fund from 20 percent to 10 percent and removes a sunset on this provision, thereby making it permanent. 2)Increases the maximum amount of liability outstanding at any SB 936 Page 3 one time in the Fund from five to ten times the amount of funds on deposit, plus any receivables due from funds loaned from the expansion fund to another fund in state government. Background GO-Biz is the sponsor of this bill. GO-Biz administers the SBLGP, which provides guarantees to commercial lenders for loans issued to business owners that otherwise would not qualify, such as low- to moderate-income individuals. Current law requires 20 percent of each dollar of a loan guarantee to be set aside on reserve in the Fund. After January 1, 2018, the minimum reserve is scheduled to increase to 25 percent. This bill will reduce the current reserve level from 20 percent to 10 percent. GO-Biz is seeking this change to make more funds available to lend to small businesses. GO-Biz believes the current loan loss reserve percentage of 20 and the maximum amount required on deposit in the Fund is overly conservative. For the 2015-16 fiscal year, the SBLGP had losses of less than one percent and historically the SBLGP has never endured losses over 5.5 percent. The reserve level change will also bring the SBLGP ratio in line with the federal ten percent ratio requirement for the federal State Small Business Credit Initiative. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Assembly Appropriations Committee this bill will result in "minor/absorbable costs to the Governor's Office of Business and Economic Development (GO-Biz) to administer program changes to the SBLGP." SUPPORT: (Verified8/11/16) California Infrastructure and Economic Development Bank SB 936 Page 4 (co-source) Governor's Office of Business and Economic Development (co-source) Association of Financial Development Corporations California Asian Pacific Chamber of Commerce California Association for Local Economic Development California Association for Micro Enterprise Opportunity California Association of Independent Business California Bankers Association California Black Chamber of Commerce California City Economic Development Corporation California Chamber of Commerce California Coastal Rural Development Corporation California Community Banking Network California Capital Financial Development Corporation California Small Business Association California Southern Small Business Development Corporation City of Dublin City of Fountain Valley City of Long Beach City of Sacramento Northern California Small Business Financial Development Corporation Orange County Business Council Pacific Coast Regional Small Business Development Corporation San Gabriel Valley Economic Partnership San Jose Silicon Valley Chamber of Commerce Silicon Valley Economic Development Alliance Small Business California Small Business Development Corporation of Orange County Small Business Majority, California Solano Economic Development Corporation Southwest California Legislative Council Stanislaus Business Development Center Sun Village Park Association Superior California Economic Development Tuolumne County Economic Development Authority Valley Small Business Development Corporation OPPOSITION: (Verified8/11/16) SB 936 Page 5 None received ARGUMENTS IN SUPPORT: Supporters state that the bill allows GO-Biz to help more small businesses by providing additional lending capacity under the SBLGP. They argue that, while the reserve account protects lenders against losses, the SBLGP has a promising track record with losses on federal funds less than one percent since 2011. Prepared by:Nicole Billington / B., P. & E.D. / (916) 651-4104 8/12/16 13:24:01 **** END ****