BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       SB 1219


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       Date of Hearing:  June 21, 2016


          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY


                                Eduardo Garcia, Chair


       SB  
       1219 (Hancock) - As Amended May 31, 2016


       SENATE VOTE:  38-0


       SUBJECT:  Small Business Procurement and Contract Act:  employment  
       social enterprises


       SUMMARY:  Establishes a new procurement preference for employment  
       social enterprises under the Small Business Procurement and Contract  
       Act, as specified.  In implementing this new preference, this bill:


       1)Defines an employment social enterprise to mean a for-profit  
         business or nonprofit business that earns a majority of its  
         enterprise revenue from the production of goods and services and  
         that demonstrates evidence in its articles of incorporation, bylaws,  
         or both, of its mission to provide employment with on-the-job and  
         life skills training to a direct labor force that is comprised of a  
         majority of individuals who face significant barriers to employment.  




       2)Defines "individuals who face significant barriers to employment" as  
         one or more of the following:









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          a)   Individuals who have recently been released from a federal,  
            state, or local correctional facility, or a person who, while not  
            recently incarcerated, has a criminal record or history.



          b)   Individuals who are, or have been, homeless, as defined by the  
            U.S. Department of Health and Human Services as of January 1,  
            2016.



          c)   Youth and young adults between 16 and 24 years of age,  
            inclusive, who lack a high school diploma, are not enrolled in  
            school, and are unemployed.


       3)Expands the duties of state agencies to include the setting of  
         procurement goals to employment social enterprises.  In addition,  
         state agencies are required to give the same special consideration  
         for employment social enterprises as currently provided to small and  
         microbusinesses by reducing the experience required and the level of  
         inventory normally required for state contracting, among other  
         potential adjustments.


       4)Authorizes a 5% employment social enterprise preference for bid  
         packages applying for a state contract, including a contract with  
         the California State University.  This is an identical provision to  
         the small business and microbusiness preference: a single preference  
         which may not exceed $50,000 or when added to other preferences, the  
         total value cannot exceed $100,000.


       5)Authorizes a state agency to use the streamlined contracting process  
         for directly contracting with an employment social enterprise for  
         contracts between $5,000 and $250,000, as specified.  This is the  








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         same process as used for small businesses and microbusinesses.


       6)Provides that the employment social enterprise preference is  
         eligible to apply to contracts for goods, information technology,  
         services, and construction, as specified.


       7)Provides that a bid including an employment social enterprises have  
         precedence over bids that  do not  include at least a small business,  
         microbusiness, or employment social enterprise.  In other words,  
         when there are two bids of equal ranking, the bid will be awarded to  
         the bidder that includes at least one of the procurement preference  
         entities authorized under the Small Business Procurement and  
         Contract Act.   


       8)Expands the duties of the Office of the Small Business and Disabled  
         Veteran Business Enterprise Services to include support to  
         employment social enterprises, including, but not limited to,  
         compiling and maintaining a comprehensive bidders list of qualified  
         employment social enterprises; assisting employment social  
         enterprises comply with bidding procedures; and making an effort to  
         develop certification application that can be adopted by cities,  
         counties, and special districts. 


       9)Applies the same certification, investigation, and penalty process  
         as those for the small business and microbusiness preference under  
         the Small Business Procurement and Contract Act.


       10)Provides that the Department of General Services (DGS) is solely  
         responsible for certifying and determining eligibly of employment  
         social enterprises, in the same way that they are solely responsible  
         for small businesses and microbusinesses.


       11)Makes related changes to legislative intent and findings and  








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         declarations.


       12)Specifies that the changes to the state procurement process made by  
         this bill become operative on July 1, 2017.


       EXISTING LAW:  


       1)Designates the DGS as the administrator of the state Small Business  
         Procurement and Contract Act, which includes certifying and  
         implementing targeted preference programs for certified small  
         businesses, microbusinesses, and disabled veteran owned business  
         enterprises (DVBEs). 

       2)Authorizes a 5% preference for state contract bidders that are  
         either a certified small business, microbusiness, or a larger  
         business that commits to using a certified small business or  
         microbusiness in undertaking the contract.  This 5% is calculated  
         based on the bid of the lowest responsible bidder, which may be a  
         small or non-small business.

       3)Authorizes a 5% Target Area Contract Preference (TACPA) for a state  
         contract bidder that agrees to perform the contract work in a  
         designated "distressed area" and 1% to 4% workforce bid preference  
         in specified state service and commodity contracts valued in excess  
         of $100,000.

       4)Authorizes contracting departments to offer a DVBE incentive.  The  
         application of an incentive varies from that of the small business  
         and TACPA both in terms of when it is applied to the bid review  
         process and how the incentive percentages are determined and  
         calculated.  Unlike preferences where there is a 5% standardized  
         value included in competitive solicitations, discretion is left to  
         departments to determine incentive percentages for a particular  
         transaction based upon a business strategy to achieve their annual  
         3% DVBE procurement participation goal.









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       5)Defines a small business, for the purpose of being eligible for  
         state small business procurement contract bid preferences, as  
         independently owned, not dominant in its field of operation,  
         domiciled in California, employing 100 or fewer employees, and  
         earning $10 million or less in average annual gross revenues for the  
         three previous years. 

       6)Defines an "individual with employment barriers," under the state  
         Workforce and Innovation Opportunity Act (WIOA), to mean an  
         individual with any characteristic that substantially limits an  
         individual's ability to obtain employment, including indicators of  
         poor work history, lack of work experience, or access to employment  
         in nontraditional occupations, long-term unemployment, lack of  
         educational or occupational skills attainment, dislocation from  
         high-wage and high-benefit employment, low levels of literacy or  
         English proficiency, disability status, or welfare dependency,  
         including members of all of the following groups:

          a)   Displaced homemakers;

          b)   Low-income individuals;

          c)   Indians, Alaska Natives, and Native Hawaiians, as specified;

          d)   Individuals with disabilities;

          e)   Older individuals;

          f)   Ex-offenders;

          g)   Homeless individuals, as defined in Section 14043e-2(6) of  
            Title 42 of the United States Code, or homeless children and  
            youths, as defined in Section 11434a(2) of Title 42 of the United  
            States Code;

          h)   Youth who are in, or have aged out of, the foster care system;

          i)   Individuals who are English language learners;









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          j)   Eligible migrant and seasonal farmworkers, as defined;

          aa)  Individuals within two years of exhausting lifetime  
            eligibility under Part A of Title IV of the Social Security Act  
            (42 U.S.C. Sec. 601 et seq.);

          bb)  Single parents, including single, pregnant women;

          cc)  Long-term unemployed individuals;

          dd)  Any other groups, as determined by the Governor.



       FISCAL EFFECT:  Unknown


       POLICY ISSUE FRAME


       SB 1219 would establish a new category of procurement preference for  
       employment social enterprises.  While a worthy public policy, the bill  
       models the new preference after the state small business procurement  
       program.  This design creates certain implementation issues around  
       oversight and ensuring that the entities meet the outcomes anticipated  
       when the contract was awarded.  An additional challenge is that  
       California already has an employment-based incentive for contracts  
       undertaken in low-income distressed communities.


       These issues, however, are implementation considerations and do not  
       necessarily distract from the importance of using state resources to  
       address California's growing income inequality.  The analysis includes  
       background on the need to create a more inclusive economy, the Small  
       Business Procurement and Contract Act, the Target Area Procurement  
       Preference, and research on social enterprises.  Amendments are  
       discussed in Comment #12.










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       COMMENTS:  


       1)Author Purpose:  According to the author, "State and local  
         governments are facing formidable challenges in supporting economic  
         stability and security among some of its most vulnerable  
         populations. Employment social enterprises are mission-driven  
         businesses focused on hiring and assisting people who face the  
         greatest barriers, including people who have been incarcerated,  
         homeless, youth disconnected from school or work, and individuals  
         with disabilities. SB 1219 will help employment social enterprises  
         compete for government contracts under the small business preference  
         and create more jobs for people who might otherwise not have the  
         opportunity and provide those employed with a supportive work  
         environment where they build their skills and abilities.
         Right now many non-profit or for-profit employment social  
         enterprises do not meet the current small business certification  
         criteria because:





              They have more than 100 employees with jobs and employment  
            training annually;
              Their gross receipts can exceed the limit if they are part of  
            a larger non-profit corporation.


              If they are a non-profit social enterprise, there is not a  
            private owner or shareholder board."





       1)The Role of Small Businesses within the California Economy:   
         California's dominance in many economic areas is based, in part, on  








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         the significant role small businesses play in the state's $2.4  
         trillion economy.  Two separate studies, one by the U.S. Census  
         Bureau and another by the Kaufman Foundation, found that net job  
         growth was strongest among businesses with less than 20 employees.   
         Among other advantages, small businesses are crucial in the state's  
         international competitiveness and are an important means for  
         dispersing the positive economic impacts of trade within the  
         California economy.  

         Nonemployer firms make up the single largest component of businesses  
         in California, 2.9 million out of an estimated 3.8 million firms in  
         2013, with the highest number of businesses (515,814) in the  
         professional, scientific, and technical services industry sector.   
         As these non-employer businesses grow, they continue to serve as an  
         important component of California's dynamic economy.  Excluding  
         nonemployer firms, businesses with less than 20 employees comprise  
         nearly 90% of all businesses and employ over 18% of all workers.   
         These non-employer and small employer firms create jobs, generate  
         taxes, and revitalize communities. 

         In hard economic times, smaller size businesses often function as  
         economic engines.  In this most recent recession the trend  
         continued, with the number of nonemployer firms increasing from 2.6  
         million firms ($137 billion in revenues) for 2008 to 3.1 million  
         firms ($162.4 billion in revenues) for 2014.  In the post-recession  
         economy, small businesses are expected to become increasingly  
         important due to their ability to be more flexible and better suited  
         to meet niche market needs.  Their small size, however, results in  
         certain challenges in meeting regulatory requirements, accessing  
         capital, competing for large-size contracts and marketing their  
         goods and services.



         SB 1219 would establish a new category of procurement preference for  
         employment social enterprises.  The bill models the new preference  
         after the state small business procurement program.  This design  
         creates certain implementation issues around oversight and how to  
         ensure that the entities meet the social and economic outcomes  








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         anticipated when the contract is awarded.  In the case of a small  
         business, the public policy is to support California companies with  
         revenues within certain limits.  These requirements can be factually  
         demonstrated by income tax returns, among other documentation.  In  
         the case of an employment social enterprise, the public policy is  
         about who the company hires and the types of activities that will be  
         provided for the benefit of those individuals.  While documents like  
         the articles of incorporation can state that this is the mission of  
         the business, in order to achieve the anticipated public policy goal  
         more needs to be known about the business' current and future  
         activities.  





       2)Growing Income Inequality:  California's overall economic growth and  
         increase in jobs has outpaced the U.S. in general, often ranking the  
         state within the top five states in terms of its economic condition.  
          Most recently, the Department of Finance has announced that  
         California has the sixth largest economy in the world.  This  
         success, however, has not been consistent throughout the state with  
         many regions and certain population groups still experiencing  
         recession-related poor economic conditions.  



         According to the U.S. Census Bureau, California's poverty rate is  
         16.4% as compared to a national rate of 15.6%.  It is estimated that  
         nearly a quarter of California's children (22.7%) are living in  
         households with annual incomes below the federal poverty line.  A  
         significant contributing factor to these poverty rates are the  
         education and basic skill deficit of many Californians from rural  
         and inner city areas, historically underserved population groups,  
         and those who are more recently encountering employment challenges,  
         including returning veterans.  











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         A review of the February 2016 unemployment numbers illustrates this  
         expanding pattern of economic disparity between regions and  
         population groups in California.  





           ------------------------------------------------------------------ 
          |       Unemployment February 2016 (not seasonally adjusted)       |
          |                                                                  |
          |                                                                  |
           ------------------------------------------------------------------ 
          |--------------+---------------+-+----------------+----------------|
          |              | Unemployment  | |                |  Unemployment  |
          |              |     Rate      | |                |      Rate      |
          |              |               | |                |                |
          |              |               | |                |                |
          |--------------+---------------+-+----------------+----------------|
          |California    |     5.7%      | |California      |      5.7%      |
          |              |               | |                |                |
          |              |               | |                |                |
          |--------------+---------------+-+----------------+----------------|
          |Colusa County |     21.6%     | |Blacks          |     10.8%      |
          |              |               | |                |                |
          |              |               | |                |                |
          |--------------+---------------+-+----------------+----------------|
          |Imperial      |     18.6%     | |Hispanics       |      7.4%      |
          |County        |               | |                |                |
          |              |               | |                |                |
          |              |               | |                |                |
          |--------------+---------------+-+----------------+----------------|
          |Los Angeles   |     5.5%      | |Whites          |      5.8%      |
          |County        |               | |                |                |
          |              |               | |                |                |
          |              |               | |                |                |
          |--------------+---------------+-+----------------+----------------|








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          |Orange County |     4.0%      | |16 to 19 year   |     20.5%      |
          |              |               | |olds            |                |
          |              |               | |                |                |
          |              |               | |                |                |
          |--------------+---------------+-+----------------+----------------|
          |Riverside     |     5.9%      | |20 to 24 year   |     10.9%      |
          |County        |               | |olds            |                |
          |              |               | |                |                |
          |              |               | |                |                |
          |--------------+---------------+-+----------------+----------------|
          |San           |     5.6%      | |25 to 34 year   |      6.2%      |
          |Bernardino    |               | |olds            |                |
          |County        |               | |                |                |
          |              |               | |                |                |
          |              |               | |                |                |
           ------------------------------------------------------------------ 
           ------------------------------------------------------------------- 
          |San Mateo     |     3.0%      | |                                  |
          |County        |               | |                                  |
          |              |               | |                                  |
          |              |               | |                                  |
          |              |               | |                                  |
          |              |               | |                                  |
          |              |               | |Source:  California Employment    |
          |              |               | |Development Department            |
          |              |               | |                                  |
          |              |               | |                                  |
           ------------------------------------------------------------------- 
          |Tulare County |     12.1%     | |                                  |
          |              |               | |                                  |
          |              |               | |                                  |
          |--------------+---------------+-+----------------------------------|
          |Ventura       |     5.1%      | |                                  |
          |County        |               | |                                  |
          |              |               | |                                  |
          |              |               | |                                  |
           ------------------------------------------------------------------- 










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         While the state's unemployment rate for February 2016 (not  
         seasonally adjusted) was 5.7%, some areas of the state had lower  
         rates, while others were considerably higher.  San Mateo County  
         recorded the lowest at 3.0% and Colusa County experienced the  
         highest unemployment rate at 21.6% and Imperial County the second  
         highest at 19.8%.   Under the provisions of the federal Workforce  
         Innovation and Opportunity Act, high unemployment is considered any  
         rate above 6.5%.


         Looking more specifically at different population groups, the data  
         also shows the great discrepancies between the statewide rate and  
         key subgroups, including unemployment among Blacks and Hispanics  
         being 10.8% and 7.4% respectively.  For the youngest members of the  
         workforce obtaining quality jobs remains a significant issue, with  
         unemployment among 16 to 24 years being well above the state  
         average, ranging from 20.5% to 10.9%.  According to February's  
         figures, one-in-five of California's next generation of workers is  
         unemployed.


       3)Workforce Disparities:  Approximately 18.9 million of the 39 million  
         people in California are considered to be within the state's  
         workforce.  Unrelenting unemployment and deepening poverty are a  
         reality for many Californians and without comprehensive, thoughtful,  
         and strategic intervention, the economic disparity within the state  
         will only increase.  
          a)   Out-of-School Youth:  Approximately 27% of California's  
            workforce is between the ages of 16-24.  In 2014, 7.3% of all  
            California teens age 16-19 were not attending school and not  
            working.  For 18 to 24 year olds, 15% were not attending school,  
            not working,  and had no degree beyond high school  .  Since 2000,  
            the number of school age youth in California who are neither  
            working nor taking a class has increased by 35%.

          b)   English as not a Primary Language:  Among California's  
            population over the age of 5, 43.8% (15.5 million people) speak a  
            language other than English at home.  Of these people, 43.7%  








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            speak English less than "very well."   In the 2014-15 school  
            year, English learners comprised 28.4% of California drop-outs.
                                                  
          c)   Formerly Incarcerated:  Roughly 8 million or 27.8% of  
            Californians over the age of 18 had a criminal record on file  
            with the state in 2012.

          d)   Veterans:  California has the largest veteran population in  
            the U.S., with an estimated 2.2 million veterans in 2010.  More  
            recent data shows that 5.5% of the state's population over the  
            age of 18 is a veteran and that 7.4% veterans live on incomes  
            below the federal poverty line.  Approximately 16.3% of veterans  
            report a service-related disability and 26.3% of veterans have  
            some level of a disability.  In January 2016, unemployment among  
            veterans was 6.1% as compared to 5.7% in California and 4.9%  
            nationally.

          e)   Farmworkers:  Migrant workers comprise only 33% of California  
            farmworkers, meaning a majority of farmworkers live and work in  
            the same community.  However, 61% of Farmworkers in 2003-2004  
            reported they worked in their current employment on a seasonable  
            basis.

          f)   Individuals with Disabilities:  Just over 10% of California's  
            population is reported to the U.S. Census as disabled.  The  
            unemployment rate among individuals with a disability in July  
            2015 was more than twice the statewide average, 13.1% v. 6.2%.   
            The Whitehouse Council on Economic Advisors reported that between  
            2010 and 2012, people with disabilities were underrepresented in  
            16 of the 20 fastest-growing occupations and overrepresented in  
            the 17 of the 20 fastest-declining occupations.

          g)   Homeless:  There are an estimated 117,524 homeless in  
            California in 2016; an increase of 1.6% from the 2015  
            Point-in-Time Counts done by the National Alliance to End  
            Homeless.  There were 259,000 homeless children enrolled in  
            public schools in California in the 2012-13 term.  Only 36%  
            tested as proficient in English and 41% in Math in 8th grade.  









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          h)   Unskilled and under-skilled:  The highest level of education  
            for nearly half (47.1%) of the California's long-term unemployed  
            was a high school diploma or less. 29.1% of the long-term  
            unemployed had a high school diploma and no college experience;  
            and 18.0% of the state's long-term unemployed had less than a  
            high school diploma.  According to a PPIC report "there are a  
            variety of reasons for failure to find employment, including  
            insufficient training and a lack of jobs." PPIC estimates suggest  
            that members of minority groups (blacks, Asians, and Latinos) are  
            twice as likely as whites to be discouraged workers.  Similarly,  
            less-educated workers are twice as likely as college graduates to  
            be discouraged workers, and young workers (25 and under) are much  
            more likely than older workers (above age 45) to be discouraged.

         SB 1219 proposes to utilize an employment social enterprise model to  
         address California's growing workforce disparities.  As currently  
         drafted, SB 1219 would only provide a procurement incentive to  
         businesses whose mission it is to hire individuals who face certain  
         barriers to employment, but not others.  Those individuals include  
         formerly incarcerated individuals, homeless and the formerly  
         homeless, and individuals between the age of 16 and 24 who have no  
         high school diploma.  


         Clearly these individuals face significant barriers to employment.   
         It is unclear, however, why similar benefits shouldn't be extended  
         to business entities that hire other individuals who face barriers  
         to employment.  Under the state's WIOA, there are 13 groups of  
         individuals (listed under Existing Law) who face barriers to  
         employment.  In general, the WIOA list is inclusive of the SB 1219  
         groups of targeted individuals, but also include veterans,  
         farmworkers, and the long-term unemployed.  The Governor also has  
         the authority to add to the categories of individuals to the WIOA  
         list, based on state conditions.  Perhaps it would be appropriate to  
         aligning the new employment training preference with state workforce  
         policy.   


       4)California's Existing Employment Preference:  SB 1219 proposes to  








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         establish of a new category of procurement preferences for entities  
         that provide quality training opportunities to historically hard to  
         serve populations.   This new preference is similar, but not  
         identical to the existing TACPA preference.
         The TACPA provides a 5% procurement preferences for bidders and  
         subcontractors who commit to completing at least 50% of the contract  
         at a worksite(s) located in a distressed area.  A distressed area is  
         defined as a geographic location that falls in the top quartile of  
         census tracts for having the highest unemployment and poverty.  The  
         Department of Finance annually designates these census tracts.   An  
         additional 1% to 4% preference can be applied if the bidder commits  
         to hire workers who are at high risk of unemployment.  The  
         percentage of the preference increases as the percentage of the  
         hours worked by the individuals with high risk of unemployment go  
         up.  


         Bidders interested in applying the TACPA preference must be a  
         California based business or corporation.  There is no limit under  
         TACPA on the number of employees or gross revenues of the  
         businesses.  State preferences and incentives (DVBE incentive) are  
         often combined, meaning a single bid may include preferences for a  
         small business being a participant, as well as having the contract  
         work being completed in a distressed community by individuals who  
         are at high risk of unemployment.  The TACPA workplace and workforce  
         preferences provide a 9% preference, which can be very helpful when  
         bidding for state contracts.  A more in-depth explanation of this  
         process is included the following Comment.





         As noted above, SB 1219 proposes to establish of a new category of  
         procurement preferences which is both similar and different than the  
         TACPA.  Below is a comparison of the current and proposed  
         preference.










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          --------------------------------------------------------------------- 
         | Comparison of the Workforce Procurement Preference in SB 1219 with  |
         |                    Existing Workforce Preference                    |
         |                                                                     |
         |                                                                     |
          --------------------------------------------------------------------- 
         |------------------------------------------+----------+---------------|
         |                                          |  TACPA   |   SB 1219 -   |
         |                                          |          |  Employment   |
         |                                          |          |    Social     |
         |                                          |          |  Enterprise   |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Is limited to California-based entities   |   Yes    |      No       |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Has no limits on the number of employees  |   Yes    |      Yes      |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Preference available to For-profit        |   Yes    |      Yes      |
         |businesses                                |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Preference available to nonprofit         |    No    |      Yes      |
         |businesses                                |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Applies to state contracts for goods and  |   Yes    |      Yes      |








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         |services                                  |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Applies to state contracts for            |   No     |      Yes      |
         |information technology and construction   |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Requires work to be completed in an       |   Yes    |      No       |
         |Economically Distressed Community         |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Requires labor for state contracts to     |   Yes    |      Yes      |
         |include individuals who face barriers to  |          |               |
         |employment                                |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Target Population:  Individuals eligible  |   Yes    | Some covered  |
         |for federal Workforce Credit, including   |          |               |
         |economically disadvantaged youth,         |          |               |
         |economically disadvantaged Vietnam-era    |          |               |
         |veterans, economically disadvantaged      |          |               |
         |ex-convicts, vocational rehabilitation    |          |               |
         |referrals, youth participating in a       |          |               |
         |qualified cooperative education program,  |          |               |
         |recipients of supplemental security       |          |               |
         |income benefits under Title XVI of the    |          |               |
         |Social Security Act, general assistance   |          |               |
         |recipients, and individuals eligible for  |          |               |
         |CalWORKS.                                 |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Target Population:  Veterans              |   Some   |      No       |
         |                                          | Covered  |               |
         |                                          |          |               |








                                                                       SB 1219


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         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Target Population:  Formerly Incarcerated |   Yes    |      Yes      |
         |                                          |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Target Population:  Homeless and Formerly |   Yes    |      Yes      |
         |Homeless                                  |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Target Population:  Individuals receiving |   Yes    |      No       |
         |Supplemental Nutrition Assistance Program |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |------------------------------------------+----------+---------------|
         |Target Population:  At-Risk Youth         |   Yes    |      Yes      |
         |                                          |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |                                          |          |               |
         |                                          |          |               |
          --------------------------------------------------------------------- 

       5)How State Procurement Preferences Work:  In order to assist agencies  
         in reaching state participation goals, bidders for state contracts  
         may include procurement preferences.  The value of any single 5%  
         preference is limited to $50,000 and the combined value of two or  
         more preferences cannot exceed 15% or $100,000, whichever is lower.

         The state currently recognizes two preferences based on the type of  
         business and one preference based on the location of the business  
         and employees who undertake contract work.  Business type  
         preferences include a 5% preference for bids that include a small  
         business or microbusiness as either a prime or subcontractor.  The  
         geographically-based TACPA provides a 5% preference for completing  
         the contract in an economically distressed area and up to an  
         additional 4% for hiring economically disadvantaged workers.  








                                                                       SB 1219


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         The state also offers a DVBE business incentive, which is similar to  
         a preference, but the exact percentage value is determined by the  
         contracting entity on a per bid basis and applied at a different  
         point in the bid review process than the 5% procurement preference  
         process.  It is not uncommon for a bidder to apply a combination of  
         preferences, as well as the DVBE incentive in his or her bid  
         package.    

         When a small business preference is claimed, it is calculated as 5%  
         of the net bid price of the lowest responsible bidder.  As an  
         example, Bidder A is the lowest responsible bidder with a $5 million  
         bid and does not qualify for the small business preference.  The  
         contracting agency would multiply $5 million by 0.05 = $250,000 to  
         establish the maximum value of the preference.   Because of the  
         financial cap, the total value of the preference would be limited to  
         $50,000.   

         Bidder B is a certified small business and submits a $5.1 million  
         bid.  In evaluating Bidder B's bid price, the contracting department  
         would subtract the preference adjustment from the net bid price  
         ($5.1 million - $50,000 = $5.05 million).  In this example, under  
         existing law, the nonsmall business bidder, Bidder A, would be  
         awarded the contract because the value of the incentive is  
         insufficient to compete with the lowest bid.  

         If, however, Bidder B also committed to complete the contract in an  
         economically distressed area, an additional $50,000 preference would  
         be added to calculation of the adjusted bid price.  This second  
         preference would be sufficient to meet the value of the lowest  
         responsible bidder.  More specifically, Bidder B's adjusted bid  
         would be $5 million, which is the same as Bidder A.  All things  
         being equal, the bid goes to the lowest responsible bid after  
         applying preferences which is lower than Bidder A's $5 million bid  
         ($5.1 million - $100,000).  

         While utilizing two 5% preferences was sufficient to have the small  
         business be awarded the contract in this example, sometimes the  
         differences between bids are larger.  The $50,000 individual cap and  








                                                                       SB 1219


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         the $100,000 combined cap are generally out of scale when competing  
         for the larger state contracts. Please note the preference and  
         incentive do not change the actual bid price, the calculations are  
         performed in order to compare and rank bids.

       6)Small Business Procurement Act:  The Small Business Procurement Act,  
         administered through DGS, was implemented more than 30 years ago to  
         establish a small business preference within the state's procurement  
         process that would increase the number of contracts between the  
         state and small businesses.  A DBVE component was added in 1989.   
         Today, approximately 80% of DVBEs have dual certification as a small  
         business or microbusiness.

         The Small Business Procurement Act states that it is the policy of  
         the State of California that the state 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.  The statute further  
         states that DVBE participation is strongly encouraged to address the  
         special needs of disabled veterans seeking rehabilitation and  
         training through entrepreneurship, and to recognize the sacrifices  
         of California's disabled military veterans.  Statute sets an annual  
         3% DVBE participation goal, and a 2010 executive order sets a 25%  
         goal for small businesses and microbusinesses.

         The charts below show small business and microbusiness aggregate  
         procurement participation rates for fiscal years 2011-12, 2012-13,  
         and 2013-14 for mandatory reporting agencies (including Caltrans). 




          ------------------------------------------------------------------- 
         | Small Business and Microbusiness Contracting Activity - Mandated  |
         |                             Reporters                             |
          ------------------------------------------------------------------- 
         |-------------+-------------+-------------+-------------+-------------|
         | Fiscal year |    Total    | Total Small |    Total    |Total Number |
         |             |  Contract   |Business and |   Percent   |of Contracts |








                                                                       SB 1219


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         |             |   Dollars   |Micobusiness |             |             |
         |             |             |   Contract  |             |             |
         |             |             |   Dollars   |             |             |
         |-------------+-------------+-------------+-------------+-------------|
         |2013-14      |$7,101,433,43|$2,013,377,79|   28.35%    |   90,784    |
         |             |            3|            2|             |             |
         |-------------+-------------+-------------+-------------+-------------|
         |2012-13      |$7,616,142,07|$1,801,695,54|   23.66%    |   105,617   |
         |             |            1|            7|             |             |
         |-------------+-------------+-------------+-------------+-------------|
         |2011-12      |$7,399,022,42|$1,796,451,72|   24.28%    |   165,523   |
         |             |            5|            2|             |             |
         |-------------+-------------+-------------+-------------+-------------|
         |Average      |$7,372,199,31|$1,870,508,35|   25.43%    |   120,641   |
         |             |            0|            4|             |             |
          --------------------------------------------------------------------- 
          ------------------------------------------------------------------- 
         |                   2013-14 DGS Statewide Consolidated Annual Report|
         |                                                                   |
         |                                                                   |
         |                                                                   |
          ------------------------------------------------------------------- 



         Unfortunately, participation rates have not been as high as desired,  
         with state agencies meeting the 25% small business goal in only five  
         out of the last 15 report years.  Further, in comparing year to year  
         numbers, it is important to note that not all of the mandatory  
         reporting agencies provide annual data to DGS for inclusion in the  
         report.  As an example, only 80% of the mandatory reporters provided  
         data for 2013-14.

       7)Increasing Small Business and DVBE Procurement Participation:  Every  
         year, Members of the Legislature introduce a range of bills to  
         improve outreach and increase targeted preferences to increase small  
         business participation in state contracting.  Over the years, direct  
         and innovative approaches have been added including mandating small  
         business and DVBE liaisons at every agency, establishing official  








                                                                       SB 1219


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         state-level Small Business and DVBE Advocates, and continually  
         trying to update the state automated procurement platform (F$SCAL).   


         Among other challenges is the high concentration of contracting  
         within a few departments including several which bid contracts for  
         specialized services.  According to the 2013-14 Statewide  
         Consolidated Annual Report, by DGS, the top 10 contracting agencies  
         awarded more than 83% of contract dollars in 2013-14.   The data  
         suggests that having department specific strategies to increase  
         small business participation will be required to consistently meet  
         the 25% goal.  

         In 2013-14, 61% of all state contracts were awarded by the  
         Department of Corrections (SDCR), the Department of Transportation,  
         and the Department of Health Care Services (DHCS).  This means that  
         regardless of the efforts of the California School Finance Authority  
         (88.04% of the $99.677 contracts awarded) and California  
         Transportation Commission (89.44% of the $14,291 in contracts  
         awarded), the state's largest contracting entities must do a better  
         job of contracting with small businesses and microbusiness if the  
         state is going to consistently meet its mission of offering small  
         businesses meaningful procurement opportunities.  The chart below  
         shows information on the contracting activities of the top 10  
         contracting departments for 2013-14.




          ------------------------------------------------------------------- 
         |              Top 10 Contracting Agencies in 2013-14               |
          ------------------------------------------------------------------- 
         |-------------+----------+-----------+----------------+-------------|
         | Departments |  Total   | Percentage| Small Business |    DVBE     |
         |             | Contact  |     of    |       and      | Participatio|
                                     |             | Dollars  | Statewide |  Microbusiness |      n      |
         |             |          |  Spending |  Participation |  Percentage |
         |             |          |           |   Percentage   |             |
         |-------------+----------+-----------+----------------+-------------|








                                                                       SB 1219


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         |     All     |$7,372,199|    100%   |     28.35%     |    3.67%    |
         |  Mandatory  |      ,310|           |                |             |
         |  Reporters  |          |           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         | Corrections |$2,196,722|   30.93%  |     36.03%     |    3.60%    |
         |     and     |      ,703|           |                |             |
         |Rehabilitatio|          |           |                |             |
         |      n      |          |           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         |Transportatio|$1,0174,83|   15.14%  |     28.24%     |    3.70%    |
         |      n      |     3,768|           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         | Health Care |$1,069,021|   15.05%  |     2.36%      |    0.45%    |
         |  Services   |      ,018|           |                |             |
         |   (DHCS)    |          |           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         |    State    | $553,519,|   7.79%   |     49.17%     |    2.12%    |
         |  Hospitals  |       167|           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         |    Water    | $351,102,|   4.94%   |     19.79%     |    2.62%    |
         |  Resources  |       439|           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         |   Highway   | $234,348,|    3.30   |     12.28      |    1.72     |
         |   Patrol    |       394|           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         |   General   |  135,233,|   1.90%   |     42.23%     |   10.49%    |
         |  Services   |       255|           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         |  Parks and  |  123,503,|   1.74%   |     31.49%     |    6.76%    |
         | Recreation  |       810|           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         |    Motor    |  111,305,|   1.57%   |     25.09%     |    6.55%    |
         |  Vehicles   |       071|           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         |   Public    |  $99,350,|    1.40   |     12.34      |3.34         |
         |  Utilities  |       011|           |                |             |
         | Commission  |          |           |                |             |
         |-------------+----------+-----------+----------------+-------------|
         |    Top 10   |$5,975,205|   83.77%  |     27.35%     |    3.02%    |








                                                                       SB 1219


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         |     Total   |      ,480|           |                |             |
          ------------------------------------------------------------------- 
          ------------------------------------------------------------------- 
         |    Source:  2013-14 Statewide Consolidated Annual Report prepared |
         |by DGS                                                             |
         |                                                                   |
         |                                                                   |
         |                                                                   |
          ------------------------------------------------------------------- 



         In 2013-14, as shown above, DHCS contracted with small business for  
         only 2.36% of its contracting activities.  In fact, the Health and  
         Human Services Agency had the lowest overall small business and  
         microbusiness participation rates among all other agencies in the  
         state.  If California is going to meet and exceed its small business  
         and DVBE goals, high contract volume agencies like Department of  
         Transportation will need to substantially exceed the 25% and 3%  
         targets.

         SB 1219 proposes a new category of procurement preference.   
         Currently there are no aggregate-level reporting requirements  
         associated with this preference as there are for small businesses.  
         Microbusiness, and DVBEs.

       8)Background on Social Enterprises:  The social enterprise model  
         combines entrepreneurial activity with a social purpose.  Because  
         they prioritize social impact over the need to maximize profit for  
         owners or shareholders, a growing number of public entities are  
         looking into how the model could be used in their community to  
         tackle what had previously been considered intractable problems.
         To date, much of the work has been at the pilot level, but outcomes  
         seem to be promising.  One study by Mathematica, a U.S. based  
         research firm, looked at the outcomes from seven social enterprise  
         programs assisting 282 workers.  As part of the same study,  
         Mathematica also undertook a comparative analysis of workforce  
         outcomes for 154 social enterprise workers and  37 eligible workers  
         who were not hired at a social enterprise.  According to the report,  








                                                                       SB 1219


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         the results suggest that "social enterprises may help workers gain  
         employment and move toward economic self-sufficiency and life  
         stability; however, the impact-study results are inconclusive, in  
         part because of the small samples."





         Another recent study by Social Ventures in Australia, found that  
         social enterprises have demonstrated that they can create jobs for  
         people excluded from the mainstream workforce, particularly the  
         long-term unemployed, and showed that this equity outcome is also  
         efficient, as government investment in the creation of businesses is  
         returned via taxation revenue, and savings in social security  
         expenditure.   These findings are similar to the Mathematica study,  
         which also found that the percentage of total income from government  
         transfers decreased from 71 to 24% and that total monthly income for  
         the workers increased by 91%.





         The European Union regularly measures the economic impact of this  
         evolving area of businesses development and reports that the "social  
         economy" employs over 11 million people in the EU, accounting for 6%  
         of total employment.





         A short review of the social enterprise literature shows that access  
         to finance and traditional businesses services is a key policy  
         challenge.  In 2012, California established a Benefit Corporation  
         and approved funding for social innovation financing models to be  
         used to address homelessness and workforce training for the formerly  
         incarcerated.  SB 1219 offers another opportunity for the state to  








                                                                       SB 1219


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         expand its understanding of how social enterprises can be used to  
         address the state's growing income divide.





       9)Fraudulent Behavior:  Enforcement of the Small Business Procurement  
         and Contract Act has been limited by tight budgets and the number if  
         staff specifically assigned to undertake regular auditing  
         activities.  The JEDE Committee has repeatedly heard testimony that  
         there are insufficient statutory and regulatory protections to keep  
         unreliable businesses who fail to adequately perform on state  
         contracts from contracting with the state over and over.  While  
         statutory changes have been made to help increase enforcement, such  
         requiring contractors to provide tax returns and allowing state  
         agencies to retain fines to cover investigation costs, concerns  
         remain among small business and DVBE contracting community.
         SB 1219 proposes a new category of procurement preference which will  
         require a different set of enforcement rules.  The current bill  
         provides no specific direction as to how to ascertain high  
         performing employment social enterprises verses a business who  
         claims to be offering life skills training, but is only providing  
         minimum wages without meaningful instruction and follow-up services.  
          Given that this will be a new procurement preference program and  
         DGS has no experience in workforce training, some level of  
         additional guidance seems appropriate. 


       10)Suggested Amendments:  The Committee members may wish to consider  
         the following amendments:     
          a)   Align the employment social enterprise preference to the  
            workforce preference under TACPA.
          b)   Conform the definition of "individuals with significant  
            barriers to employment" with the state workforce policy under  
            WIOA.


          c)   Clarify that the employment social enterprise is a separate  








                                                                       SB 1219


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            preference from the small business preference.


          d)   Require an employment social enterprise who receives a  
            preference be a California-based entity or at least have a  
            significant California preference.   


          e)   Require employment social enterprises be organized as a  
            Benefit Corporation, Social Purpose Corporation, or a nonprofit  
            organization.


          f)   Require verification of workforce eligibility and commitments  
            through third-party verification including, but not limited to  
            workforce development boards, or other state, local, regional, or  
            government entities.


          g)   Authorize DGS to assign portions of the certification process,  
            oversight, and auditing to another public entity.  


          h)   Set a framework for DGS to follow when investigating  
            potentially fraudulent behavior by a mission driven organization  
            that purports to help individuals who face barriers to employment  
            receive training and work skills. 


          i)   Add reporting requirements for employment social enterprise,  
            including workforce outcomes.


       11)Related Legislation:  Below is a list of the related bills.
          a)   AB 285 (Brown) Scope of Practice for the California Workforce  
            Investment Board:  This bill would have required the California  
            Workforce Investment Board to make recommendations and provide  
            technical assistance on entrepreneurial training opportunities  
            that could be made available through local workforce investment  








                                                                       SB 1219


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            boards.  The bill would have also deleted certain required duties  
            of the California Workforce Investment Board and made changes to  
            the definition of microenterprise.  Status:  Vetoed by the  
            Governor, 2013.  "This bill, like SB 118, deals with the  
            California Workforce Investment Board and various aspects of job  
            training.  Unlike SB 118, it is overly prescriptive in the way it  
            directs the Board to provide technical assistance for  
            entrepreneurial training and to make recommendations.  I believe  
            this unduly infringes on the Board's authority and discretion." 



          b)   AB 172 (Weber) State Contracting Microbusiness:  This bill  
            would have increased the microbusiness procurement preference  
            from 5% to 7% for state contracts to purchase goods, services,  
            information technology, and construction of state facilities, and  
            allowed the preference to be awarded to either a microbusiness  
            bidder or a non-microbusiness bidder that uses a microbusiness  
            subcontractor.  Status:  Held on the Suspense File of the  
            Assembly Committee on Appropriations, 2013.  



          c)   AB 1198 (Jones-Sawyer) Public Contract Prohibition based on  
            Employment Practices:  This bill would have prohibited the state  
            from accepting a bid for a contract from an entity that asks an  
            applicant for employment to disclose his or her conviction  
            history unless the employer has determined the applicant meets  
            the minimum qualifications for the position.  Status:  Died in  
            the Assembly Committee on Accountability and Administrative  
            Review, 2014.



          d)   AB 1837 (Atkins) Social Innovation Financing to Address  
            Recidivism:  This bill establishes the Social Innovation  
            Financing Program, administered by the Board of State and  
            Community Corrections, which provided grants to three counties  
            for the purpose of utilizing pay-for-success contracts to reduce  








                                                                       SB 1219


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            recidivism.  Status:  Signed by the Governor, Chapter 802,  
            Statutes of 2014.



          e)   AB 2022 (Medina) Target Area Contract Preference Act:  This  
            bill changes the Target Area Contract Preference Act by  
            redefining what qualifies as an economically distressed area.   
            Specifically, a "distressed area" is in the top quartile of  
            census tracts for having the highest unemployment and poverty in  
            the state as determined by the Department of Finance.  Status:   
            Signed by the Governor, Chapter 780, Statutes of 2014.   



          f)   AB 2060 (V. Manuel Pérez) Supervised Population Workforce  
            Training Grant Program:  This bill establishes the Supervised  
            Population Workforce Training Grant Program (Program).  The  
            Program is comprised of two distinct funding streams: one stream  
            for post-secondary training that may lead to certifications, and  
            placement on a middle-skill career ladder and a second stream for  
            individuals that are starting with low educational attainment and  
            need help with basic academic skills.  Status:  Signed by the  
            Governor, Chapter 383, Statutes of 2014.     



          g)   AB 2593 (Bradford) Diversity Reporting:  This bill would have  
            required businesses with gross annual revenues exceeding $25  
            million that participate in programs administered by the Air  
            Resources Board (ARB) that receive funding from the Greenhouse  
            Gas Reduction Fund to report to ARB on efforts to increase  
            procurement from women, minority, and disabled veteran business  
            enterprises.  Status:  Vetoed by the Governor, 2014.  The veto  
            message reads:  "This bill would require a business enterprise  
            with gross annual revenue exceeding $25 million, participating in  
            a program administered by the Air Resources Board that is funded  
            from the Greenhouse Gas Reduction Fund, to report annually to the  
            Air Board regarding supplier diversity procurement.  Without  








                                                                       SB 1219


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            question, I support the general goal, but this bill establishes a  
            burdensome and expensive requirement for businesses with no clear  
            way to ensure that supplier diversity would actually increase.  
            Furthermore, State agencies are already taking action to report  
            on diversity procurement and currently report to both the State  
            and Federal governments on supplier diversity procurement  
            contracts."



          h)   SB 9 (Price) Office of Social Innovation and Entrepreneurship  
            Development:  This bill would have established the Office of  
            Social Innovation and Entrepreneurship Development within the  
            Office of the Governor to establish partnerships with government  
            agencies, private investors, nonprofit organizations, and  
            for-profit service providers to facilitate the use of social  
            impact bonds, as defined, to address social service needs.   
            Status:  Died in Senate Committee on Governance and Finance,  
            2013.



          i)   SB 593 (Lieu) Social Impact Partnerships Pilot Program:  This  
            bill would have established the Social Impact Partnership pilot  
            program and authorizes the Governor to solicit applications for  
            the establishment of new social impact partnerships with private  
            entities in order to address significant social issues including,  
            but not limited to, child abuse, job preparedness for youth, and  
            high recidivism rates among the state's prison population.  These  
            partnerships are to be formalized through a pay-for-success  
            contract, which sets the evaluation metrics, quality standards,  
            and timelines.  If the conditions of the pay-for-success contract  
            are not met, the state pays nothing.  Status:  Vetoed by the  
            Governor, 2014.  The veto message reads:  "This bill allows local  
            governments to establish a Community Revitalization and  
            Investment Authority to use tax increment revenues to invest in  
            disadvantaged communities.  I applaud the author's efforts to  
            create an economic development program, with voter approval, that  
            focuses on disadvantaged communities and communities with high  








                                                                       SB 1219


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            unemployment. The bill, however, unnecessarily vests this new  
            program in redevelopment law.  I look forward to working with the  
            author to craft an appropriate legislative solution."
       REGISTERED SUPPORT / OPPOSITION:




       Support
       Alliance for Boys and Men of Color


       California Association of Local Conservation Corps


       Center for Employment Opportunities


       Chrysalis


       Civicorps


       Coalition for Responsible Community Development


       Community Housing Partnership


       Con1Ou2Farm L3C


       Conservation Corps North Bay


       Conservation Corps of Long Beach










                                                                       SB 1219


                                                                       Page  33





       County of Los Angeles


       Fresno Economic Opportunities Commission


       Goodwill of San Francisco, San Mateo, and Marin Counties


       Goodwill of Southern California


       Homeboy Industries


       Inisght Center for Community Economic Development


       Isidore Electronics Recycling


       Jewish Vocational Services


       Jewish Vocational Services


       Juma Ventures


       Kingdom Causes Bellflower (D.B.A. Good Soil Industries)


       Legal Services for Prisoners with Children


       LittleFootprint Lighting, Inc.










                                                                       SB 1219


                                                                       Page  34





       Los Angeles Area Chamber of Commerce


       Los Angeles Conservation Corps


       Los Angeles County Department of Consumer and Business Affairs  
       Department


       Neighborhood Industries


       New Door Ventures


       Roberts Enterprise Development Fund


       Rubicon Programs


       San Jose Conservation Corps & Charter School


       The Bread Project


       Third Sector Capital Partners


       Urban Corps of San Diego County


       Weingart Center Association












                                                                       SB 1219


                                                                       Page  35





       Opposition
       None Received




       Analysis Prepared by:Toni Symonds / J., E.D., & E. / (916)  
       319-2090