BILL ANALYSIS                                                                                                                                                                                                    �



                                                             AB 2670
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     Date of Hearing:   April 22, 2014

          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT AND THE ECONOMY
                                 Jose Medina, Chair
                AB 2670 (Medina) - As Introduced:  February 21, 2014
      
     SUBJECT  :   Small Business Technical Assistance Act of 2014

      SUMMARY  :   Recognizes the importance of the federal Small Business  
     Development Center (SBDC) Program in California and designates the  
     Governor's Office of Business and Economic Development (GO-Biz) as the  
     lead state entity for overseeing the state's participation and  
     collaboration with the federal program.  Specifically,  this bill  :   

     1)Makes findings and declarations on, among other things, the importance  
       of the SBDCs in expanding and supporting California small businesses.

     2)Defines a number of terms, including, but not limited to:

        a)   The California Small Business Development Center Program as being  
          comprised of the six regional networks of SBDCs which operate under  
          a contract between each of the six Administrative Lead Centers and  
          the U.S. Small Business Administration (SBA).

        b)   The Administrative Lead Center as the entity which the federal  
          government contracts with and is directly accountable for all  
          aspects of the California SBDC Program including staffing, program  
          outreach, and securing the required federal match.

        c)   An SBDC is the individual physical location where a small  
          business owner or an aspiring entrepreneur can receive free  
          one-on-one consulting and low at-cost training on a variety of  
          topics including starting, operating, and expanding a small  
          business.

     3)Codifies the existence of the federally designated SBDCs and grants  
       them all rights and responsibilities as authorized under the federal  
       Small Business Act of 1980.

     4)Requires GO-Biz to serve as the lead state entity for overseeing the  
       state's participation with the California SBDC Program.  GO-Biz is  
       authorized to collaborate and support the Administrative Lead Centers  
       in the provision of technical assistance and other related services to  
       small businesses.









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     5)Recognizes that SBDCs offer a range of services including, but not  
       limited to, providing specialized counseling and technical assistance,  
       offering expert start-up business advising, commercialism assistance,  
       conducting workshops and seminars, and coordinating employee training  
       and placement programs.

     6)Authorizes GO-Biz and other state entities to contract with an  
       Administrative Lead Center.  

     7)Requires the Administrative Lead Center(s) to report on any activities  
       that are the result of state funds being contributed to the California  
       SBDC Program, including, the number of businesses assisted, number of  
       jobs created and retained as a result of assistance, estimated amount  
       of tax dollars generated, increase in sales reported as a result of the  
       assistance, the amount of capital infusion obtained by the assistance,  
       and the amount of total federal funds allocated to each region.  For  
       general tracking purposes, the report is required to also provide  
       information on the businesses assisted including industry sector and  
       size of the business based on employment.

      EXISTING LAW  :  

     1)Establishes GO-Biz within the Governor's Office for the purpose of  
       serving as the lead state entity for economic strategy and marketing of  
       California on issues relating to business development, private sector  
       investment and economic growth.  GO-Biz also serves as the  
       administrative oversight for the California Business Investment  
       Service, the Office of the Small Business Advocate (OSBA), and the  
       California Infrastructure and Economic Development Bank (I-Bank).

     2)Establishes the OSBA for the purpose of advocating on the behalf of  
       small businesses.  Among other duties, the Office responds to  
       complaints from small businesses concerning the actions of state  
       agencies and the operative effects of state laws and regulations  
       adversely affecting those businesses.

     3)Establishes the Small Business Finance Center within GO-Biz under the  
       direct administrative oversight of the I-Bank for the purpose of  
       addressing the capital needs of California small businesses through a  
       statewide network of small business financial development corporations.  
        

      FISCAL EFFECT  :   Unknown

      COMMENTS  :    








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      1)Author's Purpose  :  According to the author, "AB 2670 designates the  
       Governor's of Business and Economic Development as the lead state  
       agency for overseeing the state's Small Business Development Centers.   
       In addition, the state identifies the Small Business Development  
       Centers as a federal program, operating in California, in order to  
       promote and encourage California small businesses to take advantage of  
       free counseling and services.   

       Small Business Development Centers in California have been leaders in  
       providing small business owners and entrepreneurs with the tools and  
       guidance needed to become successful in today's challenging economic  
       climate.  As of January 13, 2014, the California Small Business  
       Development Centers has reported assisting a combined total of 64,000  
       small business clients through one-on-one consulting and training  
       activities.  As a result of this assistance, clients created 5,484 new  
       jobs. 

       AB 2670 recognizes the important role Small Business Development  
       Centers play with in the California economy."

      2)Framing the Policy Issue  :  This bill recognizes the important role  
       SBDCs play within the California economy and designates GO-Biz as the  
       lead state entity for facilitating the state's engagement with these  
       centers.  The bill also recognizes the federal requirement that SBDCs  
       must provide a financial match in order to draw down federal funds and  
       sets reporting requirements for the use of any state moneys.  

       In deliberating the merits of the measure, Members may wish to consider  
       the importance of small businesses to the California economy and jobs  
       creation.  The analysis includes information on California small  
       businesses, the SBDCs, and related legislation.  Comment 7 includes  
       amendment recommendations.

      3)The Role of Small Business within the California Economy  :  California's  
       dominance in many economic areas is based, in part, on the significant  
       role small businesses play in the state's $2 trillion economy.  Among  
       other advantages, small businesses are crucial to the state's  
       international competitiveness and are an important means for dispersing  
       the positive economic impacts of trade within the California economy.   
       California small businesses comprised 96% of the state's 60,000  
       exporters in 2009, which accounted for over 44% of total exports in the  
       state.  Nationally, small businesses represented only 31.9% of total  
       exports.  These numbers include the export of only goods and not  
       services.








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       Businesses with no employees make up the single largest component of  
       businesses in California, 2.8 million out of an estimated 3.5 million  
       firms in 2010.  As these businesses grow, they continue to serve as an  
       important component of California's dynamic $2 trillion economy.   
       Microenterprises, meaning businesses with less than five employees  
       represent approximately 93% of all businesses in the state, or  
       approximately 3.2 million of all businesses.  Businesses with 99 or  
       less employees comprise nearly 98% of all businesses and employ  
       approximately 38% 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 2.8 million firms ($138 billion  
       in revenues) by 2010.  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, also results in certain challenges in  
       meeting regulatory requirements, accessing capital, and marketing their  
       goods and services.  California's network of SBDCs provide small size  
       businesses, including business start-ups, with access to quality  
       education, one-on-one counseling, and other business development  
       resources.

      4)Small Business Development Center Program  :  The SBDC program is  
       sponsored by the federal SBA and functions as a cooperative effort of  
       the private sector, the educational community, and federal, state, and  
       local governments.  In California, SBDCs are administered through a  
       partnership between the California State Universities at Chico,  
       Humboldt, and Fullerton; the University of California at Merced; Long  
       Beach City College; and Southwestern Community College.  

       Formal management of the partnership is provided through an  
       Administrative Lead Center that is designated by, and responsible to,  
       the SBA.  Each Administrative Lead Center serves a specific geographic  
       area compromised of several SBDCs. The California SBDC network serves  
       businesses throughout California with over 30 permanent and satellite  
       office.

       The SBDCs facilitate the creation, expansion, and retention of  
       businesses.  Each SBDC provides one-on-one counseling, workshops,  








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       advice, and referrals to prospective and existing business owners.  The  
       SBDCs assist with financing, government contracting, business planning  
       and management, marketing, international trade, energy efficiency and  
       sustainability, disaster preparedness and other business issues.  Each  
       Administrative Lead Center has its own resources and maintains links  
       with other public and private small business service providers, such as  
       financial institutions, local workforce investment boards, economic  
       development corporations, and federal, state, and local government  
       entities.  

       There are also SBDCs which specialize in assisting technology based  
       companies with advice and training on angel and venture capital  
       presentation preparation, funding strategies, product positioning,  
       market launch strategies, applications for federal grants, technology  
       transfers with research universities, intellectual property issues, and  
       strategic partnerships.

       Last year the California SBDC network advised more than 65,000 clients  
       through its core small business advising and training program, as well  
       as through its wide array of specialty programs. 

       Funding for the program is provided through a federal SBA  
       population-based grant.  In order to draw down these funds, each  
       Administrative Lead Center must provide a dollar-for-dollar match.  The  
       federal government sets aside approximately $12 million for California  
       SBDCs annually, which represents slightly more than 11% of the national  
       program.  Since the demise of the Technology, Trade, and Commerce  
       Agency in 2003, California has only received the full amount of  
       eligible federal funds once.  In 2010, Speaker John A. P�rez negotiated  
       $6 million for the SBDCs as part of the final budget negotiations with  
       the Governor.  [AB 1632 (Assembly Budget Committee) Chapter 731,  
       Statutes of 2010]

      5)Accountability and Transparency  :  Public accountability of state  
       expenditures is very important, as is having clear strategic objectives  
       and measurable outcomes.  In 2001, the Joint Legislative Audit  
       Committee requested the California Bureau of State Audits to conduct a  
       performance review of the now defunct Technology, Trade and Commerce  
       Agency (TTCA).  At the time, the state served as the Lead Center for  
       the SBDC program under a cooperative agreement with the SBA.

       The state audit reported that many of the TTCA programs, including the  
       SBDC program, lacked key components of sound strategic planning.   
       Recommended improvements included setting more significant performance  
       goals that would challenge programs and selecting goals that emphasized  








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       real outcomes rather than process inputs.  Unlike the issues raised  
       with TTCA's performance, the reporting requirements in AB 2670  
       represent best practices and ensure GO-Biz will receive key information  
       on the impact of any state funding provided including data on the  
       number of businesses assisted, jobs created/retained, and state tax  
       dollars generated from assisted businesses.

       California's prior administration of the SBDC program was also the  
       subject of a 2001 audit by the federal SBA.  This audit found that the  
       state did not have adequate service center monitoring procedures and  
       was out of compliance with a range of federal fiscal requirements.  The  
       state failed to respond to the SBA regarding the audit findings and was  
       eventually required to return $800,000 to the SBA, according to  
       research by committee staff.  When TTCA was dissolved, the SBA  
       regionalized the administration of the SBDC program in California and  
       entered into cooperative agreements with six Lead Centers - one for  
       each of the SBA regions in California.  While top level oversight  
       remains in Washington D.C., the six SBA district directors actively  
       participate with the Lead Centers on both program and administrative  
       issues.  The SBDCs are also independently reviewed to ensure management  
       and accounting methods are accurate.   

       While prior related bills proposed to codify and make the SBDC program  
       a state program, AB 2670 takes a different approach.  This bill  
       establishes a state liaison for collaborating with the federal program  
       and sets ground rules for state collaborative actions.  Nothing in the  
       bill would require the state to become responsible for individual SBDC  
       or Lead Center actions.  

      6)Governor's Office of Business and Economic Development  :  In April 2010,  
       the Governor's Office of Economic Development was established to  
       provide a one-stop-shop for serving the needs of businesses and  
       economic developers.  While initially established through Executive  
       Order S-01-10, the office was later codified and renamed as GO-Biz.   
       [AB 29 (John A. P�rez), Chapter 475, Statues of 2010]  In 2012, GO-Biz  
       assisted over 5,300 companies which resulted in the creation and/or  
       retention of 9,050 jobs and $1.45 billion in investments.  GO-Biz  
       directly assisted over 6,500 companies in 2013.   
        
       Among other programs, GO-Biz provides permit and other business  
       assistance for new and expanding businesses, as well as administering  
       the California Innovation Hub Program under an initial partnership with  
       the statewide network of SBDCs.  GO-Biz also oversees the OSBA, who  
       advocates for and provides key information to small businesses.   









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       In March 2012, the Governor initiated a reorganization process to  
       realign the state's administrative structure.  Key changes included  
       dismantling of the Business, Transportation and Housing Agency (BTH)  
       and the shifting of a number of programs and services to GO-Biz  
       including:

            The Small Business Loan Guarantee Program;
            The California Travel and Tourism Commission;
            The California Film Commission; 
            The Film California First Program; and
            I-Bank.

       AB 2670 codifies the state's relationship with the federal small  
       business program within the specific responsibilities of the I-Bank and  
       designating GO-Biz as the state lead entity for overseeing the state's  
       participation and collaboration with the statewide network of  
       California SBDC.  In doing so, this would further GO-Biz' ability to  
       serve as a strategic resource for start-ups, small businesses, and  
       entrepreneurs in California.

      1)Amendments  :  Staff understands that the author will offer amendments to  
       expand the federal technical assistance programs covered under the bill  
       to also include the  Small Business Administration's Women's Business  
       Center, SCORE, and Veteran Business Outreach Center programs and the  
       U.S. Department of Defense's Procurement Technical Assistance Center  
       program.

      2)Related Legislation  :  Legislation related to this measure includes the  
       following:

        a)   AB 837 (Campos) Economic Development Program Reporting:  As  
          passed by JEDE, this bill would have required annual reporting to  
          GO-Biz from the Small Business Development Center Leadership Council  
          on its activities in any year that the state contributes funds.  
          Amendments taken in the Senate deleted the content of the bill and  
          added language relating to CalPERS with Assemblymember Wieckowski as  
          the author.  Status:  Pending in the Senate Committee on Public  
          Employment and Retirement.  

        b)   AB 1632 (Assembly Budget Committee)  Financing and Technical  
          Assistance Funds for Small Businesses:  This bill provided $32.35  
          million in funds for small business finance and technical  
          assistance, which leveraged $174 million in federal and in-kind  
          funding.   The $32.35 million was allocated as follows: $20 million  
          was appropriated for use within the state Small Business Loan  








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          Guarantee Program; $6 million to provide a federal match for  
          California SBDCs to draw-down federal dollars; $6 million for the  
          California Capital Access Program for a loss reserve programs; and  
          $350,000 to the Federal Technology Program to draw-down federal  
          dollars.  Status: Signed by the Governor, Chapter 731, Statutes of  
          2010.

        c)   AB 2206 (Price) Small Business Development Centers:  This bill  
          would have re-established the California Small Business Development  
          Center Program through the auspices of the Business, Transportation,  
          and Housing Agency.  Status:  Held in Assembly Committee on  
          Appropriations, 2008.

        d)   AB 2717 (Bonta) Funding for Small Business Development Centers:   
          This bill Appropriates $6 million for the purpose of assisting SBDC  
          Administrative Lead Centers provide the mandatory match to draw down  
          federal funds.  Status:  Scheduled to be heard in the Assembly  
          Committee on Jobs, Economic Development, and the Economy on April  
          22, 2014.


      REGISTERED SUPPORT / OPPOSITION  :   

      Support 
      

      Small Business Development Centers
      Alameda County Small Business Development Center
     Alameda County Small Business Development Center (Oakland Metropolitan  
     Chamber of Commerce)
     Alliance Small Business Development Center 
     Cal Poly Small Business Development Center for Innovation
     California State University Bakersfield Small Business Development Center
     California State University Monterey Bay Small Business Development  
     Center
     Central Coast Small Business Development Center at Cabrillo College
     LaunchPad Small Business Development Center, OCTANE
     Los Angeles Regional Small Business Development Center Network
     Marin Small Business Development Center 
     Mendocino Small Business Development Center 
     Merced Small Business Development Center Network
     Napa and Sonoma Small Business Development Centers at Napa Valley College  

     Fresno State Small Business Development Center 
     Fresno State Small Business Development Center-Tulare Kings








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     Pacific Coast Regional Small Business Development Corporation
     Lead Center for the Northern California Small Business Development Center
     Marin Small Business Development Center
     Orange County Small Business Development Center
     Orange County/Inland Empire Small Busines Development Center
     Small Business Development Center at El Camino College


      Chambers and Business Organizations
      Black Chamber of Commerce of Orange County 
     CalAsian Chamber of Commerce 
     California Association for Micro Enterprise Opportunity
     California Disabled Veteran Business Alliance
     California Hispanic Chambers of Commerce
     Coalition of Small and Disabled Veteran Businesses 
     Disabled Veteran Business Enterprise Alliance
     Hesperia Chamber of Commerce  
     Hispanic Chamber of Commerce Silicon Valley 
     Los Angeles Chamber of Commerce 
     National Federation of Independent Business 
     Small Business California 
     Southwest California Legislative Council
     Victor Valley Chamber of Commerce
     Women's Business Momentum Center
     Los Angeles County Business Technology Center
     National Hispanic Business Women Association
     Pasadena Chamber of Commerce
     Metropolitan Chamber of Commerce
     Vietnam American Chamber of Commerce
     Yuba-Sutter Chamber of Commerce
     Apple Valley Chamber of Commerce
     Asian Business Association - Orange County
     California Disabled Veteran Business Alliance

      Cities and Local Elected
      City of Long Beach
     City of Merced
     City of Rancho Cucamonga 
     City of Riverside
     City of Torrance
     Mayor of Long Beach 
      











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     Higher Education
      California Center for Rural Policy at Humbolt State University
     California State University Bakersfield School of Business and Public  
     Administration
     California State University, Fullerton: Host of the Small Business  
     Development        Center Orange County/Inland Empire Regional Center 
     Fresno State - Office of Community and Economic Development 
     Glamistree
     Inland Empire Center for Entrepreneurship at Cal State University San  
     Bernardino 
     Rancho Santiago Community College District 
     Humboldt Area Foundation
     Humboldt State University
     Riverside Community College District Office of Economic Development

      Workforce Investment 
      Fresno Regional Workforce Investment Board 
     Stanislaus Economic Development and Workforce Alliance-Alliance Small  
     Business Development Center

      Innovation Centers & I-Hubs
      Los Angeles Cleantech Incubator
     The Lyles Center for Innovation and Entrepreneurship at Fresno State 

      Economic Development Corporations
      Redwood Region Economic Development Commission 
     San Gabriel Valley Economic Partnership
     The Coachella Valley Economic Partnership

      Additional Support 
      Annam Bioschiences, LLC.
     Enterprise Foundation 
     Exquadrum, Inc.
     Fire & Light Originals, LP
     Gelato Massimo, Inc.
     High Desert Opportunity
     Intalatin
     Intuit
     Kona Ice
     Los Angeles County Business Technology Center
     Monster Technology, LLC
     Planet Bouncy, LLC








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     Pur-A-Life Water Solutions
     Renaissance Entrepreneurship Center 
     Soody Tronson Law Group, PC
     Sub_Urban Riot
     The Headwaters Fund - County of Humbolt 
     The Norcal Procurement Technical Assistance Center 
     West Company 
     Vabyon America Inc.
     Gallium Lighting, LLC
     Kitchen Wizard
     Parcel Pending
     Accion San Diego
     All Temperature Air, Inc.
     Ambryx Biotechnology Inc.
     Amerisense, LLC
     Combustion Associates, Inc.
     Eco & Associates
     California Manufacturing Technology Consulting

      Opposition 
      
     None received 
      
     Analysis Prepared by  :    Toni Symonds / J., E.D. & E. / (916) 319-2090