BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Isadore Hall, III Chair 2015 - 2016 Regular Bill No: SB 1219 Hearing Date: 4/12/2016 ----------------------------------------------------------------- |Author: |Hancock, et al. | |-----------+-----------------------------------------------------| |Version: |4/4/2016 Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Felipe Lopez | | | | ----------------------------------------------------------------- SUBJECT: Small Business Procurement and Contract Act: employment social enterprises DIGEST: This bill includes employment social enterprises, which are businesses that provide jobs for individuals who have experienced significant barriers to employment, within the Small Business Procurement and Contract Act, for the purpose of allowing them to participate in state contracting bid preferences. ANALYSIS: Existing law: 1)Grants, through the Small Business Procurement and Contract Act, preference for small businesses and microbusinesses in the award of a contract for goods, services, or information technology to the state and in the construction of state facilities. 2)Permits a state agency and the California State University to award specified types of contracts with a value of between $5,000 and $250,000 to a certified small business, including a microbusiness and a disabled veteran business enterprise, without complying with certain competitive bidding requirements, provided the agency obtains price quotations from at least 2 small businesses, including microbusinesses, or 2 disabled veteran business enterprises. SB 1219 (Hancock) Page 2 of ? 3)Establishes the Office of Small Business and Disabled Veteran Business Enterprise Services and prescribes duties for the office, which include maintaining a bidders list of small businesses and disabled veteran businesses and noting which small businesses also qualify as microbusinesses. 4)Prescribes penalties for small businesses or microbusinesses that provide incorrect information or withhold information that leads to its incorrect classification as such an entity and is awarded a contract because of the classification. Penalties include the repayment of the amount of the bid preference, in addition to a penalty up to 10 percent of the contract amount, reimbursement of the costs of investigating the fraud, prohibiting the business to participate in state contracts for between 3-10 years, and, if the fraud is found to be willful and knowing, the business is subject to a civil penalty of between $10,000-$30,000 for the first offense, and $30,000-$50,000 for subsequent offenses. 5)Defines a "small business" (SB) to mean an independently owned and operated business that is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of $10 million or less over the previous three years, or is a manufacturer, as defined, and has 100 or fewer employees. 6)Defines a "microbusiness" (MB) as a small business which, together with affiliates, has average annual gross receipts of $2.5 million or less over the previous three years, or is a manufacturer, as defined, with 25 or fewer employees. 7)Defines a "disabled veteran business enterprise " (DVBE) to mean an enterprise that is at least 51% owned by one or more disabled veterans and the daily business operations are managed and controlled by one or more disabled veterans. For certification purposes a "disabled veteran" is a veteran of the U.S. military, naval, or air service who resides in California and has a service-connected disability of at least 10% or more. This bill: 1)Includes employment social enterprises, which are businesses SB 1219 (Hancock) Page 3 of ? that provide jobs for individuals who have experienced significant barriers to employment, within the Small Business Procurement and Contract Act for the purposes of allowing them to participate in state contracting bid preferences. 2)Defines an "employment social enterprise" as a nonprofit or for profit business dedicated to hiring and assisting individuals who face significant barriers to employment and at least 51% of the business' employees have these barriers. 3)Defines "individuals who face significant barriers to employment" to include, but are not limited to, individuals who have been incarcerated, individuals who are, or have been, homeless, youth and young adults disconnected from school or work, and individuals with disabilities, including, but not limited to, substance addictions and mental illness. Background Purpose of the bill. According to the author, "research has shown that for every dollar invested in employment social enterprises, there is a $1.31 savings to taxpayers and every dollar social enterprises spend has a return on investment of $2.23 in benefits to society." The author further argues that, "employment social enterprises cannot meet small business requirements due to their nonprofit status or annual number of employees. This bill would create a business designation for employment social enterprises to secure state business development services and procurement preferences." Employment Social Enterprises. Employment Social Enterprises are mission-driven businesses focused on hiring and assisting people who face barriers to work. Some of these barriers can include youth and inexperience, previous incarceration, homelessness, or mental health disorders. Most social enterprises, in addition to employment opportunities also provide on the job skills development, counseling and other support such as clothing, food, and housing. A recent report by the Mathematica Policy Research found that for every dollar spent by a social enterprise, there was a $2.23 return on investment to society. This includes benefits to taxpayers from reductions in government aid. The study SB 1219 (Hancock) Page 4 of ? suggested that, "investing in the growth of social enterprises, as well as their additional support services for workers, can have a positive impact on people's lives, while lessening the burden on government resources." Small Business Procurement and Contract Act. The Small Business Procurement and Contract Act was implemented in 1973 to establish a small business preference within the state's procurement process. The goal is to increase the number of contracts between the state and small businesses. The Act states that it is the policy of the State of California to aid the interests of small businesses in order to preserve free competitive enterprise and to ensure that a fair portion of the total purchases and contracts of the state be placed with these enterprises. Upon meeting eligibility requirements, certified small businesses (SBs) and micro- businesses (MBs) are entitled to a five percent bid preference on applicable state solicitations. Certified small businesses and microbusinesses are eligible for the State's Small Business Participation Program. The program sets a goal for the use of small businesses in at least 25% of the State's overall annual contract dollars. In addition, under the Prompt Payment Act, the State must pay a certified small business or microbusiness higher interest penalties for late payment of an undisputed invoice. The Act also permits state agencies to use a streamline process, known as the SB/DVBE Option, by contracting directly with California certified SBs/MBs for goods, services, information technology and Public Works Projects. The solicitation must be valued at more than $5000 and the State agency must obtain price quotes from at least two California certified SBs/MBs. Prior/Related Legislation SB 1176 (Galgiani, 2016) would revise the definition of a small business and microbusiness by increasing the dollar amount threshold for a small business to $30 million and for a microbusiness to $5 million and would require those dollar amounts to be adjusted to reflect changes in the California Consumer Price Index biennially. (Pending in Senate Governmental Organization Committee) AB 1218 (Weber, 2015) would make significant adjustments to SB 1219 (Hancock) Page 5 of ? contracting performance goals and program participation reporting associated with the DVBE Program. (Held on the Senate Suspense File) AB 1568 (Grove, 2014) would have required state agencies that opt to acquire goods, services, or information technology through a specified SB/DVBE contracting option to solicit at least three quotes, and obtain at least two quotes before awarding the contracts. (Held on the Senate Suspense File) SB 297 (Roth, 2014) would have increased the annual statewide participation goal for DVBE state contracts from three percent to five percent. (Held in Assembly Jobs, Economic Development and the Economy Committee) AB 218 (Dickinson, Chapter 699, Statutes of 2013) prohibits a state or local agency from asking employment applicants to disclose information regarding their conviction history until the agency has determined an applicant meets the position's minimum employment qualifications. AB 177 (Ruskin, Chapter 342, Statutes of 2010) increased and conformed penalties for persons who falsely engage in activities relating to the Act. AB 31 (Price, Chapter 212, Statutes of 2009) increased the maximum contract threshold amount for awards to small businesses, including microbusinesses, and DVBEs under the state's streamlined procurement process, from $100,000 to $250,000, as specified. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: Roberts Enterprise Development Fund (Sponsor) The Bread Project California Association of Local Conservation Corps California Black Chamber of Commerce Center for Employment Opportunities Civicorps Coalition for Responsible Community Development Conservation Corps North Bay SB 1219 (Hancock) Page 6 of ? Fresno Economic Opportunities Commission Fresno Local Conservation Corps The Giving Keys Goodwill Industries of San Francisco, San Mateo, and Marin Counties Goodwill of Southern California Homeboy Industries Jewish Vocational Services Juma Ventures Kingdom Causes Bellflower LA Conservation Corp L.A. Kitchen LittleFootprint Lighting, Inc. Los Angeles County Neighborhood Industries New Door Ventures Rubicon Programs San Jose Conservation Corps & Charter School. Third Sector Capital Partners Urban Corps of San Diego County Weingart Center Association OPPOSITION: None received ARGUMENTS IN SUPPORT: The California Association of Local Conservation Corps argues that, "currently, it is difficult for our members to contract directly with the State because they do not meet State small business requirements as a result of their nonprofit status and annual number of employees. Even when the State recognizes the benefits of contracting directly with Corps due to their expertise and social mission, the current rules make it virtually impossible. This bill would enable the Corps to secure state business development services and procurement preferences which will expand the opportunities for individuals facing barriers to employment." Goodwill Industries argues that, "a significant contributor to poverty is a set of barriers that keep millions of youth and adults off career pathways. Educational failure, criminal backgrounds, and substance abuse take millions of Americans out of the workforce, while transportation barriers, language and literacy, physical and mental disability, lack of affordable child care, and homelessness prevent millions more from SB 1219 (Hancock) Page 7 of ? achieving economic success."