BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1219


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          SENATE THIRD READING


          SB  
          1219 (Hancock)


          As Amended  August 15, 2016


          Majority vote


          SENATE VOTE:  38-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Jobs            |8-0  |Eduardo Garcia, Kim,  |                    |
          |                |     |Achadjian, Brown,     |                    |
          |                |     |Chau, Chu, Gipson,    |                    |
          |                |     |Irwin                 |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |McCarty               |                    |
          |                |     |                      |                    |








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


          1)Defines "ESE" as a social purpose corporation, benefit  
            corporation, or nonprofit corporation based in California, as  
            specified.  Requires, among other things, that the enterprise  
            to earn 51% or more of its revenue from the production or  
            assembly of goods or the provision of services, or a  
            combination of both and be comprised of at least 80% of  
            enterprise participants who face multiple barriers to  
            employment. 


          2)Requires state agencies to expand procurement goals to include  
            ESEs and give the same special consideration as currently  
            provided to small businesses and microbusinesses, including  
            the reduction of required experience and the level of  
            inventory normally required for state contracting, among other  
            potential adjustments.


          3)Provides a 5% bid preference to ESEs for state contract bid  
            packages, including a contract with the California State  
            University.  A single preference may not exceed $50,000 or  
            when added to other preferences, the total value cannot exceed  
            $100,000.  These are the same provisions as apply to small  
            businesses and microbusinesses.


          4)Expands the duties of the Office of the Small Business and  
            Disabled Veteran Business Enterprise Services to include  
            support to RSEs, including, but not limited to:  compiling and  








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            maintaining a comprehensive bidders list of qualified  
            employment social enterprises; assisting employment social  
            enterprises to comply with bidding procedures; and making an  
            effort to develop certification application that can be  
            adopted by cities, counties, and special districts. 


          5)Requires Department of General Services (DGS) to certify and  
            determine eligibility of ESEs, and provide access to a public  
            list of certified ESEs online for local agencies to confirm  
            certification.  Authorizes DGS to assign certification  
            requirements, as specified, to another state or local entity. 


          6)Makes related changes to legislative intent and findings and  
            declarations.


          7)Specifies that the changes to the state procurement process  
            made by this bill become operative on October 1, 2018.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, the fiscal effect of this bill would be:


          1)According to DGS, One-time General Fund costs, in the range of  
            $5.5 million to $7.5 million, to make programming changes to  
            FI$Cal to modify system functionality to accommodate the ESEs  
            in the processing of procurements.  


          2)DGS indicates they would need 3 positions and $406,000  
            (special funds) to conduct outreach to ESEs and departments to  
            make them aware of the new status, assist ESEs through the  
            certification process, review applications and certify ESEs.


          COMMENTS:  This bill would establish a new category of  








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          procurement preference for ESEs modeled after the provisions  
          provided to small businesses and microbusinesses.  This new tool  
          has the potential to help stabilize local communities and  
          support job creation that directly benefits individuals who have  
          historically faced barriers to employment. 


          Growing Income Inequality:  California's overall economic growth  
          and increase in jobs has outpaced the United States (U.S.) as a  
          whole, 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 among nations.  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 deficit of education and basic skills  
          among many Californians from rural and inner city areas,  
          historically underserved population groups, and those who are  
          more recently encountering employment challenges, including  
          returning veterans.  


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














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           ---------------------------------------------------------------- 
          |  California Unemployment June 2016 (not seasonally adjusted)   |
          |                                                                |
          |                                                                |
           ---------------------------------------------------------------- 
          |----------------+------------+---+-----------------+-----------|
          |   Employment   |Unemployment|   |   Employment    |Unemploymen|
          |    Category    |    Rate    |   |    Category     |  t Rate   |
          |                |            |   |                 |           |
          |                |            |   |                 |           |
          |----------------+------------+---+-----------------+-----------|
          |California      |    5.7%    |   |California       |   5.7%    |
          |                |            |   |                 |           |
          |                |            |   |                 |           |
          |----------------+------------+---+-----------------+-----------|
          |Colusa County   |   13.7%    |   |Blacks           |   9.8%    |
          |                |            |   |                 |           |
          |                |            |   |                 |           |
          |----------------+------------+---+-----------------+-----------|
          |Imperial County |   23.7%    |   |Hispanics        |   7.0%    |
          |                |            |   |                 |           |
          |                |            |   |                 |           |
          |----------------+------------+---+-----------------+-----------|
          |Los Angeles     |    5.2%    |   |Whites           |   5.5%    |
          |County          |            |   |                 |           |
          |                |            |   |                 |           |
          |                |            |   |                 |           |
          |----------------+------------+---+-----------------+-----------|








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          |Orange County   |    4.4%    |   |16 to 19 years   |   18.8%   |
          |                |            |   |olds             |           |
          |                |            |   |                 |           |
          |                |            |   |                 |           |
          |----------------+------------+---+-----------------+-----------|
          |Riverside       |    6.7%    |   |20 to 24 years   |   9.6%    |
          |County          |            |   |olds             |           |
          |                |            |   |                 |           |
          |                |            |   |                 |           |
          |----------------+------------+---+-----------------+-----------|
          |San Bernardino  |    6.4%    |   |Blacks 20 to 24  |   14.9%   |
          |County          |            |   |years old        |           |
          |                |            |   |                 |           |
          |                |            |   |                 |           |
          |----------------+------------+---+-----------------+-----------|
          |San Mateo       |    3.3%    |   |Hispanics 20 to  |   9.8%    |
          |County          |            |   |24 years olds    |           |
          |                |            |   |                 |           |
          |                |            |   |                 |           |
           --------------------------------------------------------------- 
           --------------------------------------------------------------- 
          |Tulare County   |   10.8%    |   |Source:  California          |
          |                |            |   |Employment Development       |
          |                |            |   |Department                   |
          |                |            |   |                             |
          |                |            |   |                             |
          |----------------+------------+---+-----------------------------|
          |Ventura County  |    5.4%    |   |                             |
          |                |            |   |                             |
          |                |            |   |                             |
          |                |            |   |                             |
          |                |            |   |                             |
          |                |            |   |                             |
           --------------------------------------------------------------- 


          While the state's unemployment rate for June 2016 (not  
          seasonally adjusted) was 5.7%, some areas of the state had lower  
          rates, while others were considerably higher.  San Mateo County  








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          recorded the lowest at 3.3% and Imperial County experienced the  
          highest unemployment rate at 23.7%.  Inland areas generally  
          reported unemployment rates above the statewide average.  As the  
          chart above shows, Tulare County's unemployment rate was 10.8%  
          and Riverside County was recorded as 6.7%.  Coastal areas  
          overall had lower rates than the state average, with Orange  
          County at 4.4%, and Ventura County at 5.4%.  Even densely  
          populated and economically diverse areas like Los Angeles County  
          reported a June 2016 unemployment rate of 5.2%. 


          Looking more specifically at different population groups, the  
          chart also shows the great discrepancies between the statewide  
          rate and key subgroups, including unemployment among Blacks and  
          Hispanics being 9.8% and 7.0% respectively.  For the youngest  
          members of the workforce obtaining quality jobs remains a  
          significant issue with unemployment among 16 to 24 year olds  
          being well above the state average, ranging from 9.5% to 18.8%.   
          In other words, one-in-five of California's next generation of  
          workers is unemployed.  


          Also worth noting is that the unemployment numbers most commonly  
          reported are based on the total number of unemployed individuals  
          that are estimated to be actively seeking work within a  
          specified survey period, also referred to as the U3 definition.   
          Using a broader U.S. Department of Labor definition of  
          unemployment (U6), includes all unemployed individuals of the  
          labor force, in addition to marginally attached workers and  
          involuntary part time workers; California's unemployment rate  
          for May 2016 shifts from 5.6% to 11.9%.  Given that there are  
          over 3 million unemployed workers that not counted under the U3  
          definition, discouraged workers, who are eligible to work but  
          are not working, have become an increasingly important public  
          policy issue.


          Analysis Prepared by:                          Toni Symonds /  
          J., E.D., & E. / (916) 319-2090                      FN: 0004049








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