BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2593
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2593 (Bradford)
          As Amended  August 21, 2014
          Majority vote
           
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          |ASSEMBLY:  |53-22|(May 28, 2014)  |SENATE: |21-12|(August 25,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    U. & C.  

           SUMMARY  :  Requires large businesses participating in programs  
          administered by the Air Resources Board (ARB) and funded via  
          Cap-and-Trade proceeds to report annually to the ARB on efforts  
          to increase procurement from women, minority, and disabled  
          veteran enterprises. Specifically,  this bill  :  

          1)Applies to business enterprises with gross annual revenues  
            exceeding $25 million, funded in whole or in part from the  
            Greenhouse Gas (GHG) Reduction Fund.

          2)Require business enterprises to submit reports to the ARB in  
            an electronic format determined by the ARB, and requires the  
            ARB to post the reports on its Internet Web site.  
           
          3)Defines "control," "operate," "women business enterprise," and  
            "minority business enterprise" consistent with similar  
            provisions already in statute that are used in a similar  
            program to report on procurement efforts by regulated  
            utilities. 

           The Senate amendments  :  

           1)Require business enterprises to submit reports to the ARB in  
            an electronic format determined by the ARB.  

           2)Require ARB to post the reports on its Internet Web site.  
                 
           3)Clarify that this bill does not apply to governmental agencies  
            that are not the ARB.  
           
           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, annual costs ranging from $150,000 to $300,000 from  
          the General Fun to the ARB to collect the required information.








                                                                  AB 2593
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           COMMENTS  :   

          1)Purpose.  According to the author, women and minority-owned  
            businesses participating in programs to reduce greenhouse gas  
            emissions should factor in inclusion of diverse sectors within  
            California's economy to ensure that access to new job  
            opportunities are available to all Californians.  In  
            California, women and minority-owned businesses represent the  
            bulk of small businesses.  Since diverse business owners are  
            more likely to hire diverse workers, the success of women-,  
            minority-, and disabled veteran-owned businesses translates  
            into jobs for women, minorities, and disabled veterans. 

          2)Cap-and-Trade Revenues.  The California Global Warming  
            Solutions Act of 2006 [AB 32 (N��ez), Chapter 488, Statutes of  
            2006] requires ARB to adopt a statewide GHG emissions limit  
            equivalent to 1990 levels by 2020, and adopt regulations,  
            including market-based compliance mechanisms, to achieve  
            maximum technologically feasible and cost-effective GHG  
            emission reductions.  

            All moneys collected by ARB from the auction or sale of  
            allowances pursuant to a market-based compliance mechanism  
            (i.e., the cap-and-trade program adopted by ARB under AB 32)  
            are deposited into the GHG Reduction Fund and are available  
            for appropriation by the Legislature. The local and regional  
            agencies defined in this bill are eligible for funding under  
            this program.

            For the 2014-15 budget, the Governor has proposed spending  
            $850 million on a variety of programs, including $100 million  
            for grants to local governments to support implementation of  
            Sustainable Communities Strategies, $50 million for inter-city  
            rail grants, $30 million for organic waste diversion  
            infrastructure, and $20 million for water and energy saving  
            projects.

          3)Public Utilities Commission Supplier Diversity Reporting.  In  
            response to legislation authored by former Assembly Member  
            Gwen Moore, the California Public Utilities Commission (PUC)  
            adopted General Order 156 (GO 156), in 1988 which created  
            Women-Owned and Minority-Owned Business Enterprise (W/MBE)  
            program to increase diversity in various utility operations  
            and procurement processes.  GO 156 requires PUC-regulated  








                                                                  AB 2593
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            electrical, gas, and telephone corporations with gross annual  
            revenues exceeding $25 million to submit annual detailed and  
            verifiable plans that includes short- and long-term goals and  
            timetables for increasing W/MBE procurement in all procurement  
            categories.  GO 156 includes rules and regulations for the  
            utilities' compliance with the W/MBE program, and requires  
            participating utilities to inform, recruit, and obtain at  
            least 20% of their products and services purchased within a  
            five-year period from W/MBEs (15% from minority-owned  
            businesses and 5% from women-owned businesses). 

          4)California Energy Commission (CEC) Diversity Reporting.  In  
            response to AB 340 (Bradford) of 2009, which was vetoed by the  
            Governor, the CEC is voluntarily implementing a program to  
            report on diversity within its Electricity Program Investment  
            Charge research and development program.
           

          Analysis Prepared by  :    Brandon Gaytan / U. & C. / (916)  
          319-2083                                     


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