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."