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Home Source documents Washington Senate Bill Report E2SHB 1015 (Feb. 15, 2022)

Washington Senate Bill Report E2SHB 1015 (Feb. 15, 2022)

Issuer
Congressional materials
Document type
Report
Date
2022-02-17
Case
2022 02 17 A29814 D242772 Bill Report 1015 S2 E Sba Bfst 22

Summary

A Senate Bill Report on E2SHB 1015, the Washington equitable access to credit act, prepared for the Senate Committee on Business, Financial Services & Trade and dated as of February 15, 2022. It records that the bill passed the House 97-0 on January 21, 2022. The report summarizes the bill as creating the Equitable Access to Credit Program, under which the Department of Commerce awards grants to qualified lending institutions to provide credit to historically underserved communities, funded by a business and occupation tax credit capped at $1 million per person and $8 million per calendar year. It describes limits including no more than 25 percent of grants to one recipient and at least 65 percent to native CDFIs or qualifying counties, grant matching requirements, ranking criteria and annual reporting. The report states that the program expires on July 1, 2031.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

                            SENATE BILL REPORT
                                E2SHB 1015

                                     As of February 15, 2022

Title: An act relating to creating the Washington equitable access to credit act.

Brief Description: Creating the Washington equitable access to credit act.

Sponsors: House Committee on Finance (originally sponsored by Representatives Maycumber,
    Chapman, Tharinger, Graham, Santos and Macri).

Brief History: Passed House: 1/21/22, 97-0.
     Committee Activity: Business, Financial Services & Trade: 3/23/21, 3/25/21 [DPA-WM];
         2/17/22.


                                     Brief Summary of Bill
           • Creates the Equitable Access to Credit Program to fund grants through
             the Department of Commerce to certain community development
             financial institutions (CDFI) to provide loans to historically underserved
             communities during the 2021-23 biennium.
           • Provides at least 65 percent of the grant funds awarded each calendar
             year to native CDFIs, or for grantees to provide services or invest in
             counties that have fewer than 100 persons per square mile, or have an
             area of less than 225 square miles.
           • Restricts no more than 25 percent of all grants awarded in any calendar
             year from being awarded to the same CDFI.


SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES & TRADE

     Staff: Clinton McCarthy (786-7319)

     Background: Community Development Financial Institutions. A community development
     financial institution (CDFI) is a specialized financial institution certified by the United




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

Senate Bill Report                              -1-                                     E2SHB 1015
     States Department of the Treasury (Treasury) to provide loans for community development
     purposes. CDFIs work in economically distressed markets underserved by traditional
     financial institutions and provide financial products such as mortgage financing for low-
     income homebuyers and not-for-profit developers, flexible underwriting and risk capital for
     community facilities, and technical assistance and commercial loans to small businesses in
     low-income areas. The Treasury offers competitive financial and technical assistance
     awards to assist certified CDFIs offering these financial products. An emerging CDFI may
     apply for a technical assistance award if it can demonstrate the ability to become a certified
     CDFI within three years. CDFIs include institutions such as community development
     banks, credit unions, and venture capital funds. As of December 2020, 29 certified CDFIs
     were operating in Washington.

     In 2021, CDFI's received $1.25 billion in federal funding authorized by the Coronavirus
     Response and Relief Supplemental Appropriations Act of 2021 to assist communities
     responding to economic hardships created by the COVID-19 pandemic.

     The Department of Commerce (Commerce) selected three CDFI partners to run the Early
     Learning Facilities loan program.

     Summary of Bill: Commerce is directed to create and operate the Equitable Access to
     Credit Program (program). The purpose of the program is to award grants to qualified
     lending institutions (QLIs) to provide access to credit for historically underserved
     communities. The grants are funded by a business and occupation (B&O) tax credit.

     Funding the Equitable Access to Credit Program. To fund the program, a tax credit against
     the B&O tax for contributions made to the equitable access to credit program is created. No
     person may claim more than $1 million of credit in any calendar year, including credit
     carried over from the previous calendar year, and no refunds may be granted for unused
     credits. The maximum amount of tax credits in a calendar year may not exceed $8 million,
     and the Department of Revenue must inform Commerce once this limit is met. Credits are
     available on a "first-in-time" basis.

     To claim the credit, a person must file with the Department of Revenue, in a format
     approved by the Department of Revenue. No credits may be earned on contributions that
     occur after June 30, 2031.

     Limitation on Disbursements by the Department of Commerce to Qualified Lending
     Institutions. No more than 25 percent of all grants awarded in any calendar year may be
     awarded to the same grant recipient. At least 65 percent of the grant funds awarded each
     calendar year must be provided to native CDFIs, or for grantees to provide services or
     invest in counties that have fewer than 100 persons per square mile or have an area of less
     than 225 square miles. Up to 20 percent of each grant award may be used by the grant
     recipient to fund a loan loss reserve, technical assistance, and small business training
     programs.


Senate Bill Report                             -2-                                     E2SHB 1015
     Beginning in fiscal year 2022, up to 5 percent may be used for agency staffing and
     administrative costs related to implementing this act. If the program is not fully funded in a
     given year, the limit on administrative costs may be increased to 10 percent.

     Member Appointments to an Advisory Board to Rank Grant Applications. Commerce must
     appoint members to an advisory board that will assist in ranking grant applications.
     Commerce must seek to achieve a fair geographic balance of committee members and is
     encouraged to seek representation from members with relevant expertise, including the
     following: representatives of the banking industry who are familiar with CDFIs; economic
     development professionals who have experience in rural development; representatives of
     local government; and representatives of federally recognized Indian tribes.

     Commerce may include additional criteria it deems helpful in achieving the goal of ensuring
     access to credit to underserved communities across the state.

     Criteria for Qualified Lending Institution Status. Grants from Commerce must be made to
     QLIs under the program. A QLI must be:
         • recognized by the Treasury as an emerging or certified CDFI;
         • registered as a nonprofit organization exempt from taxation under the Internal
            Revenue Code; and
         • able to demonstrate a history of lending in Washington.

     A QLI must provide the following grant matching funds:
        • at least 20 percent if recognized as an emerging CDFI;
        • at least 50 percent if recognized as a certified CDFI with assets of fewer than $3
          million; or
        • 100 percent if recognized as a certified CDFI with assets of at least $3 million.

     Member Appointments to an Advisory Board to Rank Grant Applications. Commerce must
     appoint members to an advisory board that will assist in ranking grant applications.
     Commerce must seek to achieve a fair geographic balance of committee members and is
     encouraged to seek representation from members with relevant expertise, including the
     following: representatives of the banking industry who are familiar with CDFIs; economic
     development professionals who have experience in rural development; representatives of
     local government; and representatives of federally recognized Indian tribes.

     Commerce may include additional criteria it deems helpful in achieving the goal of ensuring
     access to credit to underserved communities across the state.

     When ranking grant applications, the following criteria must be considered:
       • the number and total value of loans and investments closed during the previous five-
         year period by the QLI in Washington and the percentage of those loans and
         investments that went to historically underserved communities;


Senate Bill Report                             -3-                                     E2SHB 1015
         • funds leveraged by the proposed grant award;
         • projected loan or investment production with the award over the performance period
           of the grant;
         • how the award supports the growth of the QLI;
         • past performance of loans and investments made by the QLI; and
         • awards to a diversity of QLIs.

     When a loan or investment of funds from the Program is repaid to a QLI, the QLI must
     offer the repaid funds as new loans or investments consistent with the terms of the program
     for ten years from the date of the grant award.

     Program Administration—Permitted Use of Funds From the Account. Up to 5 percent of
     the program revenues may be used for staffing and administrative costs incurred by state
     agencies for implementation of the program. Beginning in 2021, Commerce must submit
     an annual report to the Legislature that contains the following information:
         • the list of grant applicants, total value of grants requested, and the location of each
           applicant;
         • the list of grant recipients, total amount of awards, and required match amounts; and
         • aggregated information on loans and investments provided by the QLIs receiving
           grants.

     Commerce may contract for all or part of the program's administration.

     Expiration Date. The program expires on July 1, 2031.

     Appropriation: None.

     Fiscal Note: Available.

     Creates Committee/Commission/Task Force that includes Legislative members: No.

     Effective Date: Ninety days after adjournment of session in which bill is passed.




Senate Bill Report                             -4-                                    E2SHB 1015


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