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AB 1573 — Assembly Committee on Jobs, Economic Development, and the Economy (April 27, 2021)

Summary

Analysis of AB 1573, a committee bill of the Assembly Committee on Jobs, Economic Development, and the Economy, Sabrina Cervantes, Chair, for the April 27, 2021 hearing. The subject is small business technical assistance: California Business Retention Program. It states that the bill establishes a supplemental grant program within SB TAEP for the purpose of supporting local small business retention programs, conditions implementation on an appropriation of funds by the Legislature, and requires grant funds to be matched by non-state funds. Registered support lists the Coalition of Small and Disabled Veteran Businesses and the Flasher Barricade Association; opposition is None on File.

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“AB 1573 — Assembly Committee on Jobs, Economic Development, and the Economy (April 27, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-04-27-ab1573-jede-analysis-4c1bc5e330/, SHA-256 da4c53926ef5dc9d1e01591bbcd1a6efa64c59d315a2a5fc216e7ecbdebaeee7.

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                                                                                                AB 1573
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Date of Hearing: April 27, 2021

  ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY
                                   Sabrina Cervantes, Chair
AB 1573 (Committee on Jobs, Economic Development, and the Economy) – As Amended April 20, 2021

SUBJECT: Small business technical assistance: California Business Retention Program

POLICY FRAME: Small businesses form the core of the California economy. Too often overlooked,
these small size businesses frequently do double duty as the state’s top job creators and innovations.
Based on prior program experience, technical assistance to small businesses results in many advantages,
including lower default rates, higher sales tax revenues, and new hires. The California Small Business
Technical Assistance Expansion Program (SB TAEP) was established in 2018 for the purpose of
providing direct assistance to small businesses within a statewide network of 80+ federally-designated
small business technical assistance centers.

During the pandemic, these centers have worked collaboratively with local governments, chambers of
commerce, and economic development organizations to meet the needs of small businesses struggling to
survive during mandatory shut downs, partial re-openings, and evolving regulatory obligations.

AB 1573, a committee bill, expands the provisions of SB TAEP to support local business retention
programs. This expanded program is required to be funded through a separate appropriation from the
Legislature for this purpose. The analysis includes information on the California small business
economy, the history of SB TAEP, and studies on the impact of the COVID-19 pandemic on small
businesses. There is no known opposition to the bill.

SUMMARY: AB 1573 establishes a supplemental grant program within SB TAEP, for the purpose of
supporting local small business retention programs. Specifically, the bill:

1) Authorizes the establishment of the Small Business Retention Program which is to be delivered
   through the SB TAEP administrative structure.

2) Conditions implementation of the Small Business Retention Program to an appropriation of funds by
   the Legislature.

3) Provides that the purpose of the Small Business Retention Program is to:
   a) Support local small business retention programs by providing state matching funds.
   b) Expand the network of small business technical assistance centers and providers who will
      collectively contribute their on-the ground experience to an early warning system to alert the
      Governor’s Office of Business and Economic Development and other state, federal, and local
      partners of trending business challenges and individual negative business outcomes.

4) Specifies eligible applicants to include a federal small business technical assistance center, local
   government, local government, or any established nonprofit community-based organization, exempt
   from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, the mission
   of which includes economic or business development that operates entrepreneurial or small business
   development programs that provide free or low-cost services to California’s underserved businesses
   and entrepreneurs.
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5) Requires grant funds to be matched by non-state funds, as specified.

6) Requires the Small Business Retention Program to provide a preference to applications that propose
   new or enhanced services to underserved business groups, including women, minority, and veteran-
   owned businesses, and businesses in low-wealth, rural, and disaster-impacted communities included
   in a state or federal emergency declaration or proclamation. This is the same preference as used for
   other SB TAEP grants.

7) Requires grantees to report process and outcomes consistent with SB TAEP procedures.

EXISTING LAW:

1) Establishes SB TAEP for the purpose of providing technical assistance to small businesses through
   partnership agreements with one or more federally-designated small business technical assistance
   centers.
   a) Defines a “federal small business technical assistance center” to include, but not limited to, small
      business development centers, women’s business centers, veterans business outreach centers,
      manufacturing extension partnership centers, minority business development business centers, and
      procurement technical assistance centers that operate in California under federal contracts.
   b) Specifies, as a condition of SB TAEP funding, that each small business technical assistance center
      agrees to submit an annual report, which includes, at a minimum, the number of businesses
      assisted, the amount of funds awarded, the size of businesses assisted, the city and county in which
      the businesses assisted are located, and the industry sectors of the businesses assisted, as reported
      by the assisted businesses.
2) Requires a preference be given to SB TAEP applications that propose new or enhanced services to
   underserved business groups, including women-, minority-, and veteran-owned businesses, and
   businesses in low-wealth, rural, and disaster-impacted communities included in a state or federal
   emergency declaration or proclamation.

3) Sunsets the SB TAEP on January 1, 2024.

FISCAL EFFECT: Unknown

COMMENTS & CONTEXT:

1) Small Businesses and Coronavirus: Economic developers, finance professionals, and even the
   Office of the Legislative Analyst have agreed that small businesses have been particularly impacted
   by the coronavirus pandemic. According to a national survey and separate report on the impacts of
   COVID-19 on small and medium size businesses, both published by McKinsey in April 2020:
   a) 70% of businesses are delaying purchases, reducing current spending, and holding back on making
      major investments. [While not an unexpected outcome, this level of delayed spending has
      significant multiplier effects as its impacts move throughout the economy.]
   b) 50% of workers at small businesses with less than 100 employees are at risk of losing their jobs
      due to the pandemic. This represents over 2.2 million workers. This is a higher percentage of job
      losses than those projected for larger private sector employers.
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   c) 40% of the vulnerable small business jobs fall within two occupational categories: food service
      and customer service and sales.
   d) 60% of the vulnerable small business jobs do not require a four-year degree, meaning that
      displaced workers will likely not have formally recognized skills to help them get their next job.
   e) 55% of businesses felt that the economic impacts of the coronavirus were going to last over one
      year, with 29% responding the impacts were going to be felt for three years.
   f) 25% of businesses said they would be filing for bankruptcy within six months.

   The McKinsey report ranks California among the top states in which small businesses are and will be
   impacted by the COVID-19 emergency. The report finds that 92% of workers in small businesses that
   engage in the accommodation and food sectors are at risk. For workers at small construction firms,
   the report states that 54% are vulnerable, which is still a significant impact.

   AB 1573, a JEDE committee bill, expands an existing small business technical assistance program to
   provide grants to local governments, chambers of commerce, and economic development
   organizations to operate business retention programs.

2) A Closer Look at the Impact of COVID-19 on Businesses: During the initial months of the 2021-
   22 legislative session, the Assembly Committee on Jobs, Economic Development, and the Economy
   held several hearings examining policy options for supporting an inclusive economic recovery. Dr.
   Robert Fairlie, University of California Santa Cruz, testified at the Committee’s February 23, 2021
   hearing and provided an overview of the economic impacts of the pandemic on small business owners
   in the US and in California. His presentation began with his work, The Impact of Covid-19 on Small
   Business Owners: Evidence of Early-Stage Losses from the April 2020 Current Population Survey. In
   this report he used a simulation model to estimate that between February 2020 and April 2020 there
   was a decrease of 41% among Black-owned businesses, 32% among Latinx-owned businesses, and
   26% among Asian-owned business. The report further stated that immigrant business owners
   experienced substantial losses of 36%. Female-owned businesses were also disproportionately
   impacted, experiencing a 25% decline in business activity.

   Dr. Fairlie regularly tracked business activity by demographic group and found that by June 2020,
   business activity had returned, but was still down substantially from pre-pandemic levels, “The Impact
   of COVID-19 on Small Business Owners: The First Three Months after Social Distancing,”
   published in Journal of Economics and Management Strategies in August 2020.

   While overall business activity was down -8% in June, activity among Black business owners
   remained at -19% and for immigrant owners -18%. Business owners who were women (-10%),
   Latinx (-10%), and Asian (-10%), still fared worse than white business owners (-5%). Chart 1 shows
   this transition on a monthly basis, for selected business-owners of color.
                Chart 1 - Change in Number of Active US Business Owners by Race and Ethnicity
                          African-American                     Latinx                          Asian

                             Relative to                     Relative to                     Relative to

                   Feb.       Month in      Reg.      Feb.   Month in       Reg.      Feb.   Month in       Reg.
                   2020       Prev. Yr.    Adjusted   2020   Prev. Yr.     Adjusted   2020   Prev. Yr.     Adjusted
    Feb. 2020      0%            2%          0%       0%        5%           0%       0%        -1%          0%
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     Mar. 2020        0%           13%          -6%           -6%           -3%           -4%          5%            4%           6%
     Apr. 2020       -41%         -38%          -52%         -32%          -28%          -32%         -26%          -36%         -29%
     May 2020        -26%         -23%          -35%         -19%          -14%          -20%         -21%          -24%         -24%
     June 2020       -19%         -24%         -28%          -10%          -4%           -8%          -10%         -14%          -10%
     July 2020       -10%         -18%          -18%         -11%           0%           -10%          -9%          -5%           -7%
     Aug. 2020        1%           -2%          -5%           -3%           2%            -3%         -11%          -11%          -9%
     Sept. 2020       2%           -6%          -6%           1%            0%            0%          -17%          -12%         -20%
     Oct. 2020        7%           -3%          -4%           3%            1%            -1%         -15%          -5%          -17%
     Nov. 2020        3%            0%          -5%           5%            -1%           -2%         -22%          -16%         -27%
     Dec. 2020       -3%         -10%        -12%        -3%          -1%          -7%        -20%        -20%     -23%
     Notes: (1) Estimates are a continuation from those reported in Fairlie, Robert. 2020. “The Impact of COVID-19 on
     Small Business Owners: The First Three Months after Social-Distancing Restrictions" Journal of Economics and
     Management Strategy. (2) Reg. Adjusted estimates are based on regression analysis accounting for trends and
     seasonality (monthly).
       Source: Robert W. Fairlie, Professor of Economics, University of California, Santa Cruz, https://people.ucsc.edu/~rfairlie/current/


3) California Small Businesses in the Pandemic: According to Dr. Fairlie’s testimony at the February
   23, 2021 hearing, it was estimated to be over 1.8 million small businesses in California at the end of
   January of 2020. By the end of January 2021, he reported that the number of small businesses in
   California had fallen to 1.6 million. In the First Quarter of 2020 business activity decreased by an
   estimated loss of 100,000 businesses, followed by a 200,000 decrease in the Second Quarter. In the
   Third Quarter, as businesses began reopening, business activity increased by 165,000 businesses in
   California. In the final Quarter of 2020, business activity was up by 10,000.i In considering this rise
   in business activity, it is important to note that this data is reported in aggregate numbers and does not
   distinguish between new business activity and activity attributed to the continuation of existing
   businesses. Chart 2 - California Small Businesses, part of the slide deck provided by Dr. Fairlie
   tracks business activities from January 2019 through January 2021.

      Chart 2
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   Among other features, the data shows that although there has been some recovery from the steep drop
   in business activity experienced in April, California has not recovered to pre-pandemic small business
   activity levels.

4) Survey of California Business Owners: In conjunction with the February 23 hearing, Small
   Business Majority released the results of a California survey it under took in December 2020,
   “California Small Businesses Face Difficult Decisions As Pandemic Continues And Funding
   Freezes,” which found:
      Temporarily Close: 28% of entrepreneurs of color reported they may be forced to temporarily
       close their business in the next three months. Of those, 27% say they may lay off employees
       permanently, as compared to 15% of white entrepreneurs.
      Permanently Close: 17% of entrepreneurs of color reported they are likely to permanently close
       their business in the next three months, compared to 12% of white business owners.
      Struggling to Pay Bills: Nearly 6 in 10 (57%) small businesses who own or rent commercial
       spaces, reported they are currently struggling to pay their rent or mortgage, with 64% of
       entrepreneurs of color reporting the same. Entrepreneurs of color are more likely to be struggling,
       with 37% having missed their payments and 32% behind on payments, as compared to all small
       business respondents, 28% and 25%.
      Operating Capacity and Employment: Nearly half say operating capacity has decreased, with
       16% reported their capacity has decreased by more than 50%. More than 60% reporting that they
       have not restored their headcount to pre-pandemic levels.
      Limited Access to Capital: While about half of small businesses say they applied for Paycheck
       Protection Program loans. Of those who didn’t apply, they largely attributed their reasons to
       confusion about how to apply, fear over taking on debt, inability to secure a loan through their
       bank or thinking they were not ineligible.

   The Small Business Majority results are based on a survey of 418 California small business owners
   (nearly evenly split between white entrepreneurs and business owners of color) taken between
   November 10 and 23, 2020.

5) The Role of Small Businesses 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 $3.1
   trillion economy. Two separate studies, one by the U.S. Census Bureau and another by the Kaufman
   Foundation, found that net job growth was strongest among businesses with less than 20 employees.
   Among other advantages, small businesses are crucial in the state’s international competitiveness and
   are an important means for dispersing the positive economic impacts of trade within the California
   economy.

   In 2018 (most recent data), of the 4.4 million establishments in California, there were 3.4 million
   nonemployer establishments as compared to 954,632 employer establishments. The top three industry
   sectors with the largest number of nonemployer sole proprietorships included professional, scientific,
   and technical services (593,897 establishments); transportation and warehousing (406,364); and Other
   Services [except Public Administration] (379,626). Total establishments revenues for nonemployer
   sole proprietorships, across all industry sectors, were $189 billion in receipts in 2018. As these non-
   employer businesses grow, they continue to serve as an important component of California’s dynamic
   economy.
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   Businesses with less than five employees are classified as microenterprises. In 2017, there were
   473,641 microenterprises which had one or more employees. Microenterprises have many unique
   features and provide important benefits to local communities, according to a recent study from the
   Microenterprise Fund for Innovation, Effectiveness, Learning, and Dissemination (FIELD) at the
   Aspen Institute. These benefits include:
   •   Providing products and services tailored to meet local and neighborhood needs.
   •   Stimulating an inflow of revenues to and within local communities.
   •   Serving as catalysts for neighborhood reengagement.
   •   Revitalizing neighborhoods that may otherwise have vacant storefronts.
   •   Providing role models and support for future entrepreneurs.

   Excluding sole proprietorships, businesses with less than 20 employees comprise over 88.6% of all
   businesses and employ approximately 17.4% of all workers. Businesses with less than 100 employees
   represent 97.3% of all businesses and employ 34.5% of the workforce.

   These nonemployer and small employer firms create jobs, generate taxes, support important industry
   sectors, and revitalize communities. However, their small size also results in certain market
   challenges, including having difficulty in meeting the procedural requirements of the state’s complex
   regulatory structure and the traditional credit and collateral requirements of mainstream financial
   institutions. Specialized technical assistance, access to credit enhancements, and targeting of state
   procurement activities help many small businesses overcome or at least minimize these difficulties.

6) Governor’s Office of Business and Economic Development: In April 2010, the GO-Biz 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 and partnership agreements with the
   Small Business Development Centers, the office was later codified and renamed the Governor’s
   Office of Business and Economic Development [AB 29 (John A. Pérez), Chapter 475, Statutes of
   2010].

   The Governor’s 2012 reorganization plan (GRP2) further aligned the state’s economic development-
   related administrative structure. Key changes included the dismantlement of the Business,
   Transportation, and Housing Agency 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
      The Infrastructure and Economic Development Bank.

   In 2018, GO-Biz assisted over 25,000 businesses through programs and services administered through
   its six service units: California Business Investment Services, the Office of Permit Assistance, the
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   Office of the Small Business Advocate (OSBA), International Affairs and Business Development, the
   California Competes Tax Credit Program, and the Innovation and Entrepreneurship Program.

   The OSBA oversees a number of programs and services, including advocacy on small business
   regulatory and legislative issues, administering the Made in California Labeling Program, maintaining
   an informational website, and providing advisory assistance to small businesses in the areas of
   regulatory compliance, business start-up and expansion, capital formation, and disaster preparedness.
   The SB TAEP is also administered through the OSBA, and it provides grants to federal small business
   technical assistance centers to provide one-on-one counseling to help small businesses access capital.

   The Small Business Retention Program expands SB TAEP to address the challenges of business
   retention and recovery during the OCVID-19 pandemic. In doing so, it is furthering GO-Biz’s ability
   to serve as a strategic resource for start-ups, small businesses, and entrepreneurs in California.

8) Related Legislation: Below is a list of bills from the current and prior sessions.
   a) AB 184 (E. Garcia) Small Business Technical Assistance Act of 2015: This bill would have
      designated the Governor’s Office of Business and Economic Development as the lead entity for
      facilitating the state’s engagement with five key federal small business technical assistance
      programs: the Small Business Development Centers, the Women’s Business Center program, the
      Veteran Business Outreach Center program, the Service Corps of Retired Executives, and the
      Procurement Technical Assistance Cooperative Agreement program. Status: Held on the
      Suspense File of the Assembly Committee on Appropriations, 2015.
   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
      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 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 1807 (Assembly Jobs Committee) Small Business Technical Assistance Program: This bill
      would have modified provisions of the Small Business Program by clarifying the content of the
      Request for Proposal, reporting requirements, and administrative procedures. Status: Held in
      Assembly Appropriations Committee, 2019.
   e) AB 1817 (Assembly Budget Committee) Small Business Technical Assistance: This bill
      established the Small Business Technical Assistance Expansion Program for the purpose of
      assisting small businesses through free and low-cost one-on-one counseling and low-cost training
      by entering into grant agreements within one or more federal small business technical assistance
      centers. Status: Signed by the Governor, Chapter 37, Statutes of 2018.
   f) AB 2670 (Medina) Small Business Technical Assistance Centers: This bill would have
      designated the Governor’s Office of Business and Economic Development as the lead state entity
      for overseeing the state’s participation and collaboration with the federal small business technical
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        assistance programs. Status: Held on the Suspense File in the Assembly Committee on
        Appropriations, 2014. As a result of this bill and AB 2717, $2 million dollars was provided in the
        Budget to the SBDCs for assisting small businesses in accessing capital.
    g) AB 2717 (Bonta) Funding for Small Business Development Centers: This bill would have
       appropriated $6 million for the purpose of assisting SBDC Administrative Lead Centers in
       providing the mandatory match to draw-down federal funds. Status: Held on the Suspense File in
       the Assembly Committee on Appropriations, 2014. As a result of this bill and AB 2670, $2
       million dollars was provided in the budget to the SBDCs for assisting small businesses in
       accessing capital.
    h) AB 2900 (Assembly Jobs Committee) Small Business Centers Reporting: As passed by the
       Assembly Jobs Committee, this bill requires a state department that awards funds to a federal
       small business technical assistance center to report to the Legislature in the following year.
       Among other data, the department would be required to report on the number of businesses
       assisted, industry sectors of those businesses, and the general geographic location. Amendments
       taken in the Senate removed the contents of the bill and added the provisions in AB 2901 with
       amendments. As signed, this bill expands the mandatory annual reporting of data on the
       California Competes Tax Credit to include the city and county of the business location, and
       whether the business is located in areas of high unemployment or high poverty, as specified.
       Status: Signed by the Governor, Chapter 582, Statutes of 2016.

REGISTERED SUPPORT / OPPOSITION:

Support

Coalition of Small and Disabled Veteran Businesses
Flasher Barricade Association

Opposition
None on File

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

i Robert Fairlie, “California State Assembly, Feb. 2021- Written: Testimony”, https://people.ucsc.edu/~rfairlie/current/,

accessed February 24, 2021 and United States Census Bureau, “2017 SUSB Annual Data Tables by Establishment
Industry”, https://www.census.gov/data/tables/2017/econ/susb/2017-susb-annual.html, accessed November 25,
2020, and United States Census Bureau, “2018 CBP and NES Combined Report”,
https://www.census.gov/data/tables/2018/econ/nonemployer-statistics/2018-combined-report.html, accessed
October 3, 2020, and United States Census Bureau, “2018 CBP and NES Combined Report”,
https://www.census.gov/data/tables/2018/econ/nonemployer-statistics/2018-combined-report.html, accessed
October 3, 2020.


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