BILL ANALYSIS Ó SB 1219 Page 1 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 | | | | | | | SB 1219 Page 2 | | | | | ------------------------------------------------------------------ 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 SB 1219 Page 3 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 SB 1219 Page 4 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. SB 1219 Page 5 ---------------------------------------------------------------- | 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 | | | | | | | | | | | | | | | | | |----------------+------------+---+-----------------+-----------| SB 1219 Page 6 |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 SB 1219 Page 7 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 SB 1219 Page 8