BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2523
                                                                  Page  1

          Date of Hearing:   May 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2523 (Hueso) - As Amended:  April 26, 2012 

          Policy Committee:                              JEDE Vote:4-2
                        Banking and Finance                   8-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes a small business financing program in the 
          California Infrastructure and Economic Development Bank 
          (I-Bank).  Specifically, this bill:  
           
           1)Authorizes the I-Bank to purchase participation interests in 
            loans made by financial institutions to small businesses.  A 
            participation loan is when the state purchases a portion of a 
            loan made by a lender.

          2)Requires the I-Bank to include in its annual report a summary 
            of the participation loan agreement program, including, but 
            not limited to, the number of jobs impacted and created, the 
            number of businesses assisted, the geographic areas the 
            businesses were located and the industry sectors of the 
            businesses served.  
           
          FISCAL EFFECT  

          The I-Bank will incur administrative costs estimated at 
          approximately $5 million to develop and administer the small 
          business participation loan program.  To begin lending, the 
          Legislature will have to appropriate funds or the I-Bank will 
          have to divert funds from their infrastructure lending.  As a 
          result, this bill creates General Fund pressure to fund the 
          program or support the I-bank.

           COMMENTS  

           1)Purpose  .  According to the author, AB 2523 is needed to, 
            "broaden the scope of the I-bank and its current funding 








                                                                  AB 2523
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            programs to further strengthen economic development of this 
            state.  Small businesses are a vital component of California's 
            economy.  Coordinating state-managed fund, in partnership with 
            financial institutions, will enhance the availability of 
            capital for California small business and farmers thus 
            contributing to sustainable job growth."

           2)The I-Bank  :  The I-Bank was established in 1994 to promote 
            economic revitalization, enable future development, and 
            encourage a healthy climate for jobs in California.  Housed 
            within BTH, it is governed by a five-member board of 
            directors.  The I-Bank does not receive any ongoing General 
            Fund support, rather it is financed through fees, interest 
            income and other revenues derived from its financing 
            activities.  

            On March 30, 2012, the governor submitted a reorganization 
            plan to the Little Hoover Commission, which proposes to 
            dismantle BTH and relocate the I-Bank in the Governor's Office 
            of Business and Economic Development (GO-Biz).  The Director 
            of GO-Biz will become the chair as Chair of I-Bank.

           1)I-Bank financing.   The I-Bank is a self-supporting 
            governmental entity that pays its cost of operations from 
            service fees and interest earnings on loans and investments. 
            The Infrastructure State Revolving Fund (ISRF) Program, a 
            direct loan program, was originally funded with seed money 
            from the State's General Fund in the late 1990's and early 
            2000's, and later funded with the proceeds of tax-exempt 
            revenue bonds described below. The I-Bank issued approximately 
            $150 million of tax-exempt revenue bonds secured by the ISRF 
            Program repayment revenues that provided additional ISRF 
            Program funding. The bank has leveraged the initial State 
            General Fund infusion to finance approximately $400 million in 
            infrastructure projects over the life of the program.

           2)Background.  Participation loans are considered loans that are 
            shared by a group of financial institutions that join together 
            to make a loan too big for any one of them alone.  The 
            benefits of a participation loan program are:

             a)   The state benefits from seeing the financial institution 
               lender's credit analysis, though the state should also 
               conduct its own underwriting of each loan.









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             b)   The financial institution lender diversifies its risk by 
               sharing exposure with the state.  

             c)   In a purchased participation, the financial institution 
               lender conducts all of the customer interaction, including 
               monthly invoicing, collections, and loan workouts.

            Conversely the state takes on the risk and must do its own 
            underwriting to ensure the lender took into account the proper 
            level of risk and to keep the state from purchasing poor 
            quality loans with unacceptable risks of default.

             
          1)There is no registered opposition to this bill.
             

           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081