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AB 2376 (Petrie-Norris) — Assembly Committee on Jobs, Economic Development, and the Economy (April 26, 2022)

Summary

This is the Assembly Committee on Jobs, Economic Development, and the Economy analysis of AB 2376 (Petrie-Norris), as amended March 17, 2022, for a hearing on April 26, 2022, with Sabrina Cervantes as Chair. The subject is small business assistance: one-stop capital shop platform. The summary says AB 2376 requires GO-Biz to establish, on or before July 1, 2023, a "one-stop capital shop" online platform to assist small businesses in accessing safe funding opportunities. The comments describe a March 29, 2022 joint informational hearing on the state's implementation of SSBCI and cite the federal Payment Protection Program (PPP) as an example. It lists Milken Institute and Nextgen California in support, with no opposition on file.

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

Cite this document

“AB 2376 (Petrie-Norris) — Assembly Committee on Jobs, Economic Development, and the Economy (April 26, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-04-26-ab-2376-jede-analysis-dd765de1db/, SHA-256 ca99669449759dff0c5477612fade432c3e1fa58d45cb541993ed73eb59da932.

Full text

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Date of Hearing: April 26, 2022

   ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY
                              Sabrina Cervantes, Chair
               AB 2376 (Petrie-Norris) – As Amended March 17, 2022

SUBJECT: Small business assistance: one-stop capital shop platform

POLICY FRAME: Entrepreneurship offers one of the most effective means of helping individuals and
families achieve financial security. Family-owned and other small businesses plan essential roles in
stabilizing neighborhoods and creating local job opportunities. Research shows that net new job growth
is highest among small businesses, especially those with 20 or fewer employees.

While there are many advantages to having small businesses within our state, these same businesses face
unique changes in accessing capital. In 2022, California is slated to begin receiving upwards of $1.1
billion to help mitigate these challenges and leverage these funds into longer-term economic growth for
the state’s 4.1 million small businesses. However, money is not enough. Two of the largest challenges
facing the deployment of these funds is how to help small businesses become finance-ready and then link
them to the appropriate lenders. AB 2376 proposes the development of a One-Stop Capital Shop to help
prepare businesses to be credit-worthy and use technology to create tailored searches of loan programs.

The analysis includes information on the federal SSBCI funds, current state lending programs, California
small business economy, and related legislation. There is no known opposition to the program.
Suggested amendments are included in Comment 11.

SUMMARY: AB 2376 requires the GO-Biz to establish, on or before July 1, 2023, a “one-stop capital
shop” online platform to assist small businesses in accessing safe funding opportunities and reduce
barriers in access to affordable capital. Specifically, this bill:

1) Makes Legislative findings and declarations:
   a) Small businesses are the backbone of California’s economy, employing nearly one-half of all
      workers in the state.
   b) Access to capital is central to the longevity of any small business and programs aimed at
      increasing such access have been in place for years.
       i) Eliminating barriers in access to affordable capital, especially for small business owners from
          underrepresented backgrounds, remains a challenge.
       ii) Record levels of small business registrations were filed during the pandemic as the needs and
           wants of the workforce shifted, further increasing the amount of capital needed to keep small
           businesses open.
   c) Access to affordable capital remains a stumbling block for many small business owners in starting
      or expanding their business, particularly those business owners from underrepresented
      backgrounds.
   d) One of the barriers to accessing safe and transparent capital is the time-intensive process of
      researching and applying for various sources of funding one at a time, as many small business
      owners have little to no administrative support in this process.
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       i) Mission-driven and nonprofit community lenders may not have access to sophisticated
          technology and platforms enjoyed by for-profit lenders on the private market, creating an
          additional barrier for small business owners to access affordable capital.
   e) While there are numerous programs, tools, and organizations supporting small businesses in
      meeting their needs for capital, a lack of coordination among these sources increases the time and
      resources required for a small business to ultimately secure the capital they seek.

2) Defines “SBIC” or “small business investment company” as a privately owned and managed
   investment fund licensed and regulated by the United States Small Business Administration.

3) Establishes the “One-Stop Capital Shop Act of 2022,” which is administered by the Governor’s Office
   of Business and Economic Development (GO-Biz).

4) Requires the creation, on or before July 1, 2023, a “one-stop capital shop” online platform to assist
   small businesses in accessing safe funding opportunities and reduce barriers in access to affordable
   capital.

5) Requires the one-stop capital shop platform to include all of the following provisions:
   a) Creation of a loan marketplace that allows small businesses to compare and shop, both from
      government programs and affordable private programs, with actual loan structures and annual
      percentage rates in one place.
   b) Consolidation of grants, SBIC, and other small business grants and investment-financing
      information in one place.
   c) Creation of a small business profile feature permitting small businesses to create a platform profile
      uploading basic information integrated into both (1) a universal intake form that may be submitted
      to multiple funding sources at once, including indicators of lender-readiness and completed
      technical assistance, and (2) a database that is searchable by state agencies when soliciting small
      business submissions for procurement opportunities.
   d) Educational materials, which include basic information describing and differentiating the various
      available funding mechanisms, shall be provided in frequently asked questions (FAQ) and other
      easily digestible formats.

6) Requires GO-Biz to submit a report to the Legislature on or before January 1, 2028, regarding its
   implementation of the one-stop capital shop pursuant to this article, as specified.

EXISTING LAW:

1) Establishes the Governor’s Office of Business and Economic Development (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 investments, and
   economic growth.

2) Establishes the Office of the Small Business Advocate within GO-Biz to serve as the principal
   advocate in the state on behalf of small businesses, including, but not limited to, advisory participation
   in the consideration of all legislation and administrative regulations that affect small businesses, and
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   advocacy on state policy and programs related to small businesses. Among other duties, the Small
   Business Advocate is to maintain a website that includes the following:
   a) Information on how to receive assistance in identifying and understanding the state’s regulatory
      requirements, including linkage to the GO-Biz website that identifies licensing, permitting, and
      registration requirements of state agencies, as specified.
   b) Information on how to receive assistance in certifying as a small business and identifying and
      participating in state procurement opportunities.
   c) Information about emergency preparedness, responses to emergencies, and recovery strategies for
      small businesses.
   d) A link to the Energy Upgrade California internet website to assist small business owners in
      accessing information on the availability of various programs promoting the efficient use of
      energy.
   e) Information on programs administered through the statewide network of small business financial
      development corporations. Programs covered shall include loan guarantees, direct lending, surety
      bond guarantees, and disaster loans. Information shall be presented in a manner appropriate to
      address the needs of both small businesses and existing and potential financial institutions and
      financial companies.
   f) Information on how to identify and access services provided through the statewide network of
      small business technical assistance centers, including, but not limited to, small business
      development centers, women business centers, veteran business outreach centers, procurement
      technical assistance centers, and the Manufacturing Extension Partnership.

3) Establishes the IBank within GO-Biz and authorizes it to undertake a variety of infrastructure-related
   financial activities, including, but not limited to, the administration of the Infrastructure State
   Revolving Fund (ISRF), the oversight of the Small Business Finance Center, and the issuance of tax-
   exempt and taxable revenue bonds.

4) Establishes the Small Business Finance Center within the IBank for the purpose of offering a range of
   financial capital to small businesses, including direct loans, loan guarantees, and bond insurance.
   Program delivery is provided through state-designated small business financial development
   corporations (FDCs).

5) Establishes the CPCFA with specified powers and duties, and authorizes it to approve financing for
   pollution control projects and facilities, administer a loss reserve program to serve the credit needs of
   small businesses, and provide grants and loans to remediate brownfields, among other activities.

6) Establishes CalCAP for the purpose of providing a small business loss reserve account program
   through participating financial institutions. In implementing the program, CPCFA is authorized to
   establish a loss reserve account for each financial institution with which the authority makes a
   contract. The loss reserve account shall consist of moneys paid as fees by borrowers and the financial
   institution, moneys transferred to the account from CPCFA’s Small Business Assistance Fund, any
   matching federal moneys, and any other moneys provided by the authority or other source.

FISCAL EFFECT: Unknown

COMMENTS & CONTEXT:
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1) Joint Hearing – Member Priorities: On March 29, 2022, the Assembly Budget Subcommittee on
   State Administration and the Assembly Committee on Jobs, Economic Development, and the
   Economy, held a joint informational hearing on the state’s implementation of SSBCI and its potential
   contribution to a more inclusive economic recovery from the COVID-19 pandemic.

   During the course of the hearing, the Members heard from the State Treasurer, the Legislative
   Analyst’s Office, IBank, and CPCFA, as well as stakeholders with professional expertise on the needs
   of small businesses and the barriers they are currently facing to access capital.

   Among other issues and recommendations discussed, stakeholders emphasized the need to consider
   new ways of connecting with those small business owners who have been most impacted by the
   pandemic and have historically faced barriers to accessing traditional lending programs. In particular,
   Members noted the importance of SSBCI funded program reaching undercapitalized small business
   owners in rural areas, as well as women-business owners and business-owners of color.

   The federal Payment Protection Program (PPP) was cited as an example of government intention,
   which was not backed up by program outcomes. While the US Congress intended that the US Small
   Business Administration takes steps to ensure PPP loans prioritized small businesses in “underserved”
   markets, a term that includes low-income communities, rural areas and businesses owned by people of
   color, women and veterans,” the delivery system and other program requirements which prioritized
   speed resulted in underserved markets received comparatively few loans.

       “(P)(iv) Sense of the senate.--It is the sense of the Senate that the Administrator should issue
       guidance to lenders and agents to ensure that the processing and disbursement of covered loans
       prioritize small business concerns and entities in underserved and rural markets, including
       veterans and members of the military community, small business concerns owned and controlled
       by socially and economically disadvantaged individuals (as defined in section 8(d)(3)(C)), women,
       and businesses in operation for less than 2 years.” [Section 1102, of Public Law 116-136]

   In response to the hearing, Members called for the establishment of a written outreach and technical
   assistance strategy, as well as making changes to existing small business lending programs to best
   meet the current needs of all California small businesses. This includes small business owners who
   face documented barriers to accessing capital, whether those barriers be geographically or
   demographically expressed.

2) California has Many Lending Programs: California provides a range of financing programs
   available through a large number of different administering state entities. Below is a selective list of
   programs in-which small businesses and small nonprofits in California could participate.
      The California Department of Resource Recycling and Recovery: The Greenhouse Gas
       Reduction Loan Program; Recycling Market development Zone Loan Program, and the Organics
       and Recycling Manufacturing Loans.
      The California Small Business Finance Center at the IBank: The Small Business Loan
       Guarantee Program, a direct farm-loan program, the California and bond insurance guarantees for
       performance bonds that are required to participate in many construction projects.
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      The IBank: The California Lending for Energy and Environmental Needs, which includes the
       Statewide Energy Efficiency Program and the Light Emitting Diode Street Lighting Program. The
       Climate Catalyst Fund Loan Program which includes subprograms for agriculture
      The California Pollution Control Financing Authority: The California Capital Access
       Programs, which includes a number of subprograms, including the On-Road Heavy-Duty Vehicle
       Air Quality Loan Program,
      California Public Utilities Commission: The CPUC authorized the California investor-owned
       utilities to collaborate with certain state agencies in the development of energy efficiency
       financing programs, including GoGreen Business Energy Financing.
      California Alternative Energy and Advanced Transportation Financing Authority: CAEATFA
       oversees the California Hub for Energy Efficiency Financing Pilot Programs, more commonly
       referred to as CHEEF. Many of the pilots are funded through the state agencies, as well as and
       investor-owned utilities that use rate-payer funds to advance energy efficiency retrofits.

   Many of the climate-related programs can be found on the Cool California Funding Wizard, which is
   intended to help identify funding for sustainability projects, including grants, loans, and other
   incentives administered through state, federal, and regional public and private entities. For example,
   PG&E is providing 0% loans for energy efficiency projects undertaken by non-residential customers,
   including upgrades in lighting, HVAC, electric motors, refrigeration, food service equipment, and
   water pumps.

   The California Library hosts the California Grants Portal, which is described as the “one destination
   to find all grants and loans offered on a competitive or first-come basis by California state agencies.”
   It features a FAQ about how to use the portal and a glossary. It also has a subscription feature, which
   may be useful for nonprofits and local governments that have ongoing revenue needs; it is unclear
   whether that feature is useful for businesses. Over 60 state agencies list grants and loans, including 41
   loans. Prior to doing research for this bill analysis, committee staff had used the portal numerous
   times without realizing that it offered information on loans.

   Amendments are proposed to use the One-Stop platform, administered by the Office of the Small
   Business Advocate, to help small businesses and service providers who assist them in identifying
   current programs and aggregated financing platforms in a manner that enhances the existing delivery
   systems. The Small Business Advocate website already serves as a central information access point.
   AB 2376 could bring these activities to the next level.

3) SBA Matching Platform: Recognizing the challenges small business owners face in accessing
   credit, the US Small Business Administration launched an online platform to leap over the chasm
   between the thousands of private lenders who participate in SBA loan programs. The platform,
   https://www.sba.gov/funding-programs/loans/lender-match, was launched in June 2020 and operates
   through a simple interface.

   Potential borrowers provide their name, email, and phone number, which triggers a security check
   confirming the email is correct. Once confirmed, the potential borrowers are asked a clear set of
   questions that do not require the uploading of any information. Upon completion, the small business
   is told they will receive up to six lender referrals within the next two days. The platform appears to be
   connected to SBA’s network of lenders across the US, including community development financial
   institutions, minority depository institutions, certified development companies, Farm Credit System
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   lenders, microlenders, and other small asset lenders. In addition, the SBA Matching platform explains
   what kind of questions and information lenders will most likely ask and links small businesses to their
   local SCORE, Small Business Development Centers, Women's Business Centers and Veterans
   Business Outreach Centers for more assistance.

   California’s two largest administers of state credit enhancement programs, the IBank Small Business
   Center and CPCFA, also have many lenders who use their programs, as well as other financial
   products. Our current system, aside from the California Rebuilding Fund Program, is to have small
   businesses navigate the financial ecosystem independently or use one of the state’s small business
   technical assistance providers.

   Currently, the state funds over 90 small business technical assistance centers and satellite offices
   through the Small Business Technical Assistance Expansion Program (SB TAEP). These small
   business technical assistance providers have served as the state’s frontline service desk for small
   businesses receiving assistance during the COVID-19 pandemic. SB TAEP, however, does not
   currently allow grant funds to be used for IT, let alone the development of an integrated and
   comprehensive platforms that links eligible small business borrowers with interested commercial
   lenders.

   Given the robust nature of the $1.1 billion in credit enhancements becoming available through the
   SSBCI, it seems appropriate and timely for the state to have an online platform capable of facilitating
   new relationships between small businesses and capital.

4) California’s Use of Round One - Federal SSBCI Funds: In 2011, California received a significant
   allocation of federal funds through the SSBCI, a program established under the federal Small Business
   Jobs Act of 2010. Under the initial federal Allocation Agreement, $168.4 million was divided equally
   between the CalCAP for Small Business program administered through CPCFA and the Small
   Business Loan Guarantee Program administered through the Business, Transportation, and Housing
   Agency (BTH) and later the IBank under the Governor’s Reorganization Plan GRP2.

   Receipt of these funds was very timely as debt markets were frozen and state resources were very
   limited for these two small business credit enhancement programs. In fact, both CPCFA and BTH
   were short on revenues to operate their programs and had received General Fund appropriations in
   2010, with $6 million being approved for CalCAP and $20 million for the Small Business Loan
   Guarantee Program [AB 1632 (Budget), Chapter 731, Statutes of 2010]. Unfortunately for small
   business borrowers, BTH’s $20 million budget augmentation was eliminated in the following year’s
   budget.

   Due to federal accounting practices and slight variations in federal SSBCI loss reserve and guarantee
   program requirements, CPCFA and the IBank each established new reserve accounts and adopted new
   federal versions of their programs. Once CPCFA and the IBank received the federal funds, the
   program priorities for each of the programs were to use the federal funds first and leave the state funds
   for either nonconforming loans or for use when the federal moneys had been exhausted.

   Over the course of the six program years (2011 to 2017), the state amended the federal Allocation
   Agreement several times, and in the latter years, CPCFA sought authorization to administer a third
   credit enhancement program, a Collateral Support Program. CPCFA used the federal funds as
   follows: Loss Reserve Program ($20 million) and a Collateral Support Program ($65 million).
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   According to the Legislative Analyst’s Office (LAO), between 2010 and 2016 this SSBCI funding
   supported 10,286 new loans, and about 40% of the dollar amount of these loans was made to
   businesses in low-and-moderate-income communities.

   The federal Allocation Agreement expired in March 2017. Both CPCFA and the IBank report that all
   federal funds have been expended or allocated, meaning that as these moneys become unencumbered
   from their current loans the moneys can be re-deployed. As an example, funds in the Collateral
   Support Program could be used to continue enrolling loans under the CalCAP for Small Business
   program or be used to fill another small business financing gap.

5) California’s Use of Round One - Federal SSBCI Funds: In 2011, California received a significant
   allocation of federal funds through the SSBCI, a program established under the federal Small Business
   Jobs Act of 2010. Under the initial federal Allocation Agreement, $168.4 million was divided equally
   between the CalCAP for Small Business program administered through CPCFA and the Small
   Business Loan Guarantee Program administered through the Business, Transportation, and Housing
   Agency (BTH) and later the IBank under the Governor’s Reorganization Plan GRP2.

   Receipt of these funds was very timely as debt markets were frozen, and state resources were very
   limited for these two small business credit enhancement programs. In fact, both CPCFA and BTH
   were short on revenues to operate their programs and had received General Fund appropriations in
   2010, with $6 million being approved for CalCAP and $20 million for the Small Business Loan
   Guarantee Program [AB 1632 (Budget), Chapter 731, Statutes of 2010]. Unfortunately for small
   business borrowers, BTH’s $20 million budget augmentation was eliminated in the following year’s
   budget.

   Due to federal accounting practices and slight variations in federal SSBCI loss reserve and guarantee
   program requirements, CPCFA and the IBank each established new reserve accounts and adopted new
   federal versions of their programs. Once CPCFA and the IBank received the federal funds, the
   program priorities for each of the programs were to use the federal funds first and leave the state funds
   for either nonconforming loans or use when the federal moneys had been exhausted.

   Over the course of the six program years (2011 to 2017), the state amended the federal Allocation
   Agreement several times. In the latter years, CPCFA sought authorization to administer a third credit
   enhancement program, a Collateral Support Program. CPCFA used the federal funds as follows:
   Loss Reserve Program ($20 million) and a Collateral Support Program ($65 million).

   According to the Legislative Analyst’s Office (LAO), between 2010 and 2016, this SSBCI funding
   supported 10,286 new loans, and about 40% of the dollar amount of these loans was made to
   businesses in low-and-moderate-income communities.

   The federal Allocation Agreement expired in March 2017. Both CPCFA and the IBank report that all
   federal funds have been expended or allocated, meaning that as these moneys become unencumbered
   from their current loans, the moneys can be re-deployed. As an example, funds in the Collateral
   Support Program could be used to continue enrolling loans under the CalCAP for Small Business
   program or used to fill a different small business financing gap.

6) California’s Use of Round Two - Federal SSBCI Funds: The American Rescue Plan Act of 2021
   included $10 billion for the reauthorization of the State Small Business Credit Initiative. California
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anticipates receiving approximately $1.8 billion in federal SSBCI funding. Chart 1 outlines
California’s anticipated federal SSBCI funding.

Federal law required each application to include detailed information on how SSBCI funds will
provide access to capital for small businesses in underserved communities and to business owners
who are from groups who meet the definition of socially and economically disadvantaged individuals,
also referred to as SEDI. According to the SSBCI Guidelines:
   A “Socially and economically disadvantaged individual” means an individual who is a socially
    disadvantaged individual or an economically disadvantaged individual, as defined in the Small
    Business Act.
   “Underserved communities” mean small businesses located in low- and moderate-income,
    minority, and other underserved communities, including women- and minority-owned small
    businesses.
   “Treasury encourages states to consider the following areas when including plans regarding ‘other
    underserved communities’ in their report: rural communities; communities undergoing economic
    transitions, including communities impacted by the shift towards a net-zero economy or
    deindustrialization; and communities surrounding Minority-Serving Institutions.”

Under the SEDI incentive formula, California could receive up to $99.8 million for expending 48.87%
of SSBCI Capital funds in SEDI eligible businesses during the first tranche of SSBCI deployment.

States and tribal governments will receive SSBCI funds from the US Treasury in three tranches. In
order to access the next tranche of funding, the state or tribal government must demonstrate that at
least 80% of the current tranche of funding has been encumbered and/or used. To facilitate the
drawing down of federal funding, the IBank and CBCFA have stated that they will have an MOU in
place to enhance their ability to transfer moneys between programs.

                                Chart 1 - California’s Estimated SSBCI Funding*
                Categories of Funding                                             Funding Available
 Total Federal Funding Authorized                                                                           $10,000,000,000
 Total CA SSBCI Allocation                                                                                   $1,181,997,613
   Subtotal CA Prorated SSBCI Allocation                                                                       $894,973,879
   Subtotal CA SSBCI SEDI Allocation                                                                           $187,189,392
   Subtotal CA SSBCI SEDI Performance Allocation                                                                $99,834,342

 Funding is Distributed in Three Tranches. States
                                                                Funding in
   Must Encumber 80% of their Funds to Access                                                    80% Target
                                                                Tranche
             Next Tranche of Funding
 Tranche 1                                                  $357,113,879                                       $285,691,104
 Tranche 2                                                  $407,031,050                                       $661,315,944
 Tranche 3                                                  $417,852,683

 *This is based on California’s allocation as of January 2022.
                                         Source: Document submitted to the Legislature by the IBank and CPCFA, January 7, 2022


California’s application proposes to fund three existing small business capital programs and create at
least one additional program. Chart 2 provides details on California’s proposed allocation plan.

                             Chart 2 - California’s Proposed SSBCI Allocation Plan*
                     Existing Programs Funded                                              Funding Allocated
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    Small Business Loan Guarantee (IBank)                                                                         $390,998, 806
    California Capital Access Program (CPCFA)                                                                      $118,199,762
    California Capital Access – Collateral Support Program (CPCFA)                                                 $472,799,045

                         New Program(s) Funded                                                Funding Allocated
    Venture Capital (IBank)                                                                                        $200,000,000
    Loan Participation (CPCFA) – under consideration

    Total CA SSBCI Allocation                                                                                    $1,181,997,613
    *This is based on California’s allocation as of January 2022.
                                             Source: Document submitted to the Legislature by the IBank and CPCFA, January 7, 2022


   Another key aspect of SSBCI are the leverage ratios. At a minimum, $1 of public expenditure must
   result in $1 of new private investments. In the aggregate, the state’s SSBCI programs are required to
   target an overall leverage ratio of at least $10 of new private investment for each $1 of public funds.
   These leverage requirements, coupled with a drive to utilize SSBCI funds quickly in order to access
   the next tranche of funds, create tension between undertaking strategic actions to reach small business
   borrowers in underserved communities and from SEDI-eligible businesses. The Legislature, as the
   policy-making body, should send clear signals about how to approach these multifaceted goals.

7) Potential Reduction in SSBCI Funds: California’s application is based on information provided by
   the US Treasury as of January 2022. Recent conversations at the federal level, including those
   involving the US Congress, propose reallocating some portion of SSBCI funding to pay for other
   COVID-19 expenses. Any change in SSBCI’s overall program funds will likely impact California’s
   allocation and possibly the mix of programs.

8) California Capital Access Program for Small Businesses: The CalCAP for Small Business
   program was established under the administrative control of the CPCFA through legislation enacted in
   1994 for the purpose of incentivizing financial institutions to provide small businesses with the capital
   to maintain and grow their businesses.

   The program uses a portfolio-based credit enhancement model, whereby a loss reserve account is
   established to offset losses incurred in connection with small business loans enrolled in the program.
   Funding in the loss reserve account consists of moneys paid by the participating borrower and
   financial institution, with CPCFA matching these contributions.

   Unlike a loan guarantee that ensures payment on a certain percentage of the defaulted loan [80% to
   90% in the guarantee program], under the loss reserve fund model, the amount of the default payment
   is based on the amount of funds available in the reserve account. This means a lender could
   potentially recover 100% of the value of the defaulted loan to the extent that there are sufficient
   moneys in the account. The model encourages lenders to maintain good underwriting practices
   because utilization of the loss reserve too often can quickly draw-down the reserve, leaving little for
   other potential defaults of enrolled loans within the portfolio.

   CalCAP loans can be used for working capital and to finance the acquisition of land, construction or
   renovation of buildings, purchase of equipment, and other capital projects. There are some limitations
   on real estate loans and loan refinancing. The maximum loan amount is $2.5 million. Lenders set the
   terms and conditions of the loans and decide which loans to enroll into CalCAP. Loan fees, which are
   used to capitalize the loss reserve account, are set by the lender and are in the range of 2% to 3.5% of
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   the total loan amount. Loans can be short- or long-term, have fixed or variable rates, be secured or
   unsecured, and bear any type of amortization schedule.

   CalCAP was initially funded through excess fees from the issuance of CPCFA pollution control tax-
   exempt bonds. The Legislature appropriated $6 million in 2010 to expand the program, and in 2011
   CalCAP received approximately one-half of the state's $168 million SSBCI allocation based on a joint
   application to the US Treasury. Later, California amended its SSBCI application to re-direct $65
   million to a collateral support program.

   CPCFA contracts with several state agencies, including the California Air Resources Board and the
   California Energy Commission, to provide lenders with loan loss reserve accounts to finance new,
   cleaner-burning, heavy-duty, diesel trucks and buses and the acquisition of electric vehicle charging
   station equipment.

   According to the 2020 Annual Report, through the end of December 2020, the total number of loans
   enrolled in each CalCAP program is as follows:
      23,209 - CalCAP for Small Business since 1994 (proposed to receive SSBCI funds)
      29,883 - CalCAP/CARB since 2009
      329 - CalCAP Collateral Support Program since 2013 (proposed to receive SSBCI funds)
      3 - CalCAP Electric Vehicle Charging Station Financing Program since 2015
      3 - CalCAP Seismic Safety Program since 2016
      0 - CalCAP American with Disabilities Act Program.

9) The Small Business Finance Center: The Small Business Finance Center was established in 2013
   following the implementation of the Governor’s Reorganization Plan GRP2, which transferred the
   IBank and the Small Business Loan Guarantee Program from the soon to be defunct Business,
   Transportation, and Housing Agency to GO-Biz.

   That same year, AB 1247 modified the GRP2 proposal for the placement of the Small Business Loan
   Program and established the Small Business Finance Center within the IBank [AB 1247 (Medina and
   Bocanegra), Chapter 537, Statutes of 2013]. It was the authors’ intent that the center become a
   multipurpose small business financing entity. To accomplish this objective, the statutory framework
   of the Small Business Finance Center was drafted to reflect existing programs, as well as the potential
   need for new financial products. As an example, the Small Business Loan Guarantee Program was
   specifically codified within the administrative control of the Small Business Center and general
   statutory authority was also provided for the IBank board to approve and modify a range of financial
   products, including loans and other debt instruments, as well as loan guarantees and other credit
   enhancements.

   According to information on the IBank website (2/24/2022):
      More than 20,000 loan guarantees have been issued under this program since the early 2000s.
      IBank loan guarantees have helped to create or retain 412,000 jobs.
      During 2019-20, the Small Business Finance Center guaranteed 470 loans, resulting in $165
       million in loan guarantees that supported $240 million in small business loans.
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   The IBank and the California Small Business Finance Center have very broad statutory authority to
   meet the evolving needs of small businesses. In addition to the general loan guarantee program, the
   Governor has the authority to activate a disaster-specific loan guarantee program. During the early
   months of the COVID-19 pandemic, the Disaster Loan Guarantee Program was activated for
   microloans, as well as new financing initiative launched, the California Rebuilding Fund.

10) 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 US 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
    they are an important means for dispersing the economic positive impacts of trade within the
    California economy.
      In 2018 (most recent full set of data), of the 4.4 million firms in California, there were 3.4 million
       nonemployer firms as compared to 954,632 employer firms.
      Total revenues for nonemployer sole proprietorships, across all industry sectors, were $189 billion
       in receipts in 2017.
      Businesses with less than five employees are classified as microenterprises. In 2017, there were
       473,641 microenterprises which had one or more employees.
      Microenterprises, including both nonemployer and up-to-5-employee businesses, comprise the
       single largest segment of the California business community, representing 89.0% (3.9 million) of
       all businesses in the state.

   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.

   The chart below displays 2018 data (the most recent full set of data) on California employer
   businesses, including payrolls, employment, and number of firms, which may comprise one or more
   establishments.
                          2018 Business Profile by Size (excludes nonemployer firms)
        Area        Employment   Number       Percent of                     Percent of        Annual
                                                             Employees
     Description       Size      of Firms       Firms                          Jobs        Payroll ($1,000)
    United States     Total      6,075,937                   130,881,471                   $7,097,310,272
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                                                 12.8%                              11.6%
    California        Total       779,825                       15,223,664                        $1,020,958,926
                                               U.S. Firms                          U.S. Jobs
                                               61.8% of                            4.5% of
    United States     0-4        3,757,163                       5,967,955                         $287,379,518
                                               U.S. Firms                          U.S. Jobs
                                               62.2% of                            4.9% of
    California        0-4         485,387                         746,240                           $46,663,550
                                               CA Firms                            CA Jobs
                                               89.0% of                            16.3% of
    United States     <20        5,411,180                      21,337,272                         $898,874,051
                                               U.S. Firms                          U.S. Jobs
                                               88.7% of                            17.4% of
    California        <20         692,139                        2,650,204                         $130,748,308
                                               CA Firms                            CA Jobs
                                               98.1% of                            32.7% of
    United States     0-99       5,962,057                      42,918,809                        $1,859,572,577
                                               U.S. Firms                          U.S. Jobs
                                               97.4% of                            34.2% of
    California        0-99        759,654                        5,214,752                         $261,490,973
                                               CA Firms                            CA Jobs
                                                99.6% of                           46.7% of
    United States     <500       6,055,421                      61,244,031                        $2,819,089,905
                                                U.S Firms                          U.S. Jobs
                                                99.1% of                           48.2% of
    California        <500        773,386                        7,339,390                         $395,286,015
                                                CA Firms                           CA Jobs
                                                0.33% of                           53.2% of
    United States     500+         20,516                       69,637,440                      $4,278,220,367
                                                U.S. Firms                         U.S. Jobs
                                                0.82% of                           51.7% of
    California        500+         6,439                         7,884,274                       $625,672,911
                                                CA Firms                           CA Jobs
                              Source: https://www.census.gov/data/tables/2018/econ/nonemployer-statistics/2018... l

   These nonemployer and small employer firms create jobs, generate taxes, support important industry
   sectors, and revitalize communities. While their small size allows them to be more flexible in meeting
   niche foreign and domestic market needs, it also results in certain market challenges.

   These challenges include having difficulty 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.

11) Proposed Amendments: Below is a list of amendments the committee members may wish to review
    when considering the bill.
   a) Change the administrator from GO-Biz to the Office of the Small Business Advocate.
   b) Relocate the code sections to reflect the new administrator.
   c) Designate the Office of the Small Business Advocate as the lead state government entity for
      helping small businesses become finance-ready relative to state programs utilizing SSBCI funds.
   d) Brand the One-Stop-Shop as a tool for creating a pipeline of finance-ready small businesses.
   e) Narrow the scope of the One-Stop-Shop to debt finance.
   f) Expand the primary client base of the One-Stop-Shop to include small business technical and
      financial assistance providers.
   g) Provide that information related to grants, investment capital, procurement, and other activities are
      linked to the One-Stop-Shop platform.
   h) Clarify that the platform builds on the existing requirements for the Office of the Small Business
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       Advocate to maintain a robust website.
   i) Modify the reporting requirements so that the information can be included within an already
      required annual report of the Office of the Small Business Advocate, as specified.

12) Related Legislation Current Session: Below is a list of bills from the current session that are related
    to the state’s implementation of the SSBCI program.
   a) AB 2314 (Petrie-Norris) Transparent and Ethical Financial Practices: This bill sets fair and
      ethical lending standards for loans issued guarantees under the California Small Business Loan
      Guarantee Program and financial institutions that participate in the California Capital Access
      Program. These changes are especially timely as the state anticipates receiving nearly $1.2 billion
      in federal State Small Business Credit Initiative funds. Status: Pending in the Assembly
      Committee on Jobs, Economic Development, and the Economy.
   b) AB 2376 (Petrie-Norris) One-Stop Capital Shop: This bill establishes an online platform, the
      One-Stop Capital Shop, in preparation for the state’s receipt of nearly $1.2 billion in federal State
      Small Business Credit Initiative funds. The One-Stop Capital Shop will assist small businesses in
      accessing safe funding opportunities and to reduce barriers in access to affordable capital. Among
      other objectives, the One-Stop Capital Shop platform is intended to serve as a loan marketplace
      that allows small businesses to compare and access public and private financing programs. Status:
      Pending in the Assembly Committee on Jobs, Economic Development, and the Economy.
   c) AB 2400 (Cervantes) California Capital Access Program: This bill modifies California Capital
      Access Program in preparation for the state’s receipt of nearly $1.2 billion in federal State Small
      Business Credit Initiative funds. Proposed changes reflect issues that arose during the first round
      of SSBCI funding. Status: Pending in the Assembly Committee on Jobs, Economic
      Development, and the Economy.

12) Related Legislation Prior Sessions: Below is a list of bills from prior sessions.
   a) AB 29 (John A. Pérez, Feuer, and V. Manuel Pérez) Office of Business and Economic
      Development: This bill establishes GO-Biz to include a newly codified California Business
      Investment Services Program and the existing Office of the Small Business Advocate. Status:
      Signed by the Governor, Chapter 475, Statutes of 2011.
   b) AB 796 (Blumenfield) Matching Funds: This bill, as it related to the CPCFA, would have
      increased the maximum contribution by the financial institution to $200,000, if the matching
      contribution made by CPCFA were funded exclusively from funds made available pursuant to the
      federal Small Business Jobs Act of 2010. The bill would also have limited the amount of
      matching funds used for deposits exceeding $100,000 to not more than 50% of the available funds.
      Status: Vetoed by the Governor, 2012, for provisions unrelated to CPCFA.
   c) AB 901 (V. Manuel Pérez) Expand Financial Partners and Reporting Requirements: This bill
      expanded the CalCAP definition of a financial institution and increased reporting requirements.
      CalCAP is one of the programs which received millions of dollars in federal and state funding for
      small businesses through the federal Small Business Jobs Act of 2010. Status: Signed by the
      Governor, Chapter 483, Statutes of 2011.
   d) AB 964 (Calderon, Gonzalez Fletcher, Gomez, and Cervantes) California Affordable Clean
      Vehicle Program: This bill would have changed the name of an article within the Health and
      Safety Code from “Capital Access Program for Small Business” to “Capital Access Program.”
      Consistent with this change, the bill would have established the California Affordable Clean
                                                                                               AB 2376
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   Vehicle Program within the Capitol Loan Access Program to assist low-income individuals in
   purchasing or leasing zero-emission vehicles or plug-in hybrid electric vehicles for personal or
   commercial use by providing affordable financing mechanisms. Status: Died in the Senate
   Committee on Appropriations, 2017.
e) AB 981 (Hueso) Expand Financial Partners: This bill expands the CalCAP definition of a
   financial institution, authorizes the withdrawal of a lower portion of the interest or other income
   from a loss reserve account to cover program costs, and requires additional financial assistance to
   qualified businesses in severely affected communities, such as areas with high unemployment.
   CalCAP is one of the programs which received millions of dollars in federal and state funding for
   small businesses through the federal Small Business Jobs Act of 2010. Status: Signed by the
   Governor, Chapter 484, Statutes of 2011.
f) AB 1247 (Medina and Bocanegra) Small Business Finance Center: This bill establishes the
   California Small Business Finance Center at the IBank within the Governor’s Office of Business
   and Economic Development and transfers the authority to administer the small business loan
   guarantee program and other related programs to the California Small Business Finance Center.
   Status: Signed by the Governor, Chapter 537, Statutes of 2013.
g) AB 1547 (Quirk-Silva) Community Development Financing Reforms: This bill modifies
   definitions, updates eligible activities to reflect market conditions, and streamlines processes of
   programs administered through the California Capital Access ADA Program, California Capital
   Access Program Seismic Safety Program, California Industrial Development Financing Advisory
   Commission, California Alternative Energy and Advanced Transportation Financing Authority,
   Sales & Use Tax Exclusion Program, and PACE Loss Reserve Program. Status: Pending in the
   Senate Committee on Business, Professions, and Economic Development.
h) AB 1553 (Cervantes) Direct Payments to Borrowers: This bill authorizes the use of moneys in
   the California Americans with Disabilities Act Small Business Capital Access Loan Program
   (ADA program) fund for payments to participating financial institutions or borrowers to provide
   incentives to participate in the ADA program. The bill also allows small business assistance funds
   to include contributions and nonreimbursable payments made directly to borrowers or
   participating programs. Status: Signed by the Governor, Chapter 644, Statutes of 2017.
i) AB 1632 (Blumenfield) Small Business Capital Infusion: This bill provides the necessary
   statutory changes in the area of job creation and small business development in order to implement
   the 2010 Budget Act. The bill transfers $32.4 million from the General Fund to support four small
   business and jobs programs that exist in current law. The funding appropriated in this bill went to
   the Small Business Loan Guarantee Program ($20 million); California Capital Access Fund ($6
   million); Small Business Development Centers ($6 million); and the Federal Technology Centers
   ($350,000). Status: Signed by the Governor, Chapter 731, Statutes of 2010.
j) AB 2252 (Limón) - State Grants Portal: This bill requires the California State Library, on or
   before July 1, 2020, to create a funding opportunities Internet Web portal that serves as a
   centralized location to find state grant opportunities. The bill additionally requires each state
   agency to register grant opportunities on the portal prior to commencing a solicitation and allow
   for the submittal of electronic grant applications. Status: Signed by the Governor, Chapter 318,
   Statutes of 2018.
k) SB 225 (Simitian) Loss Reserve Accounts Tracking: This bill authorizes the establishment of
   loss reserve accounts for the purposes of terminal rental adjustment clause leasing, if funds are
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       available for contribution into the loss reserve account from any source other than the authority.
       Status: Signed by the Governor, Chapter 492, Statutes of 2011.
   l) SB 551 (Hueso) Transfer of Loan Loss Reserve Program: This bill would have transferred
      certain funding and loan portfolios from the California Pollution Control Financing Authority to
      the Small Business Finance Center administered by the California Infrastructure and Economic
      Development Bank. Status: Held in the Assembly Committee on Appropriations, 2018.
   m) SB 832 (Senate Committee on Environmental Quality) Code Maintenance: This bill revises the
      Revenue and Tax Code definitions of “project” and “pollution control facility” to conform with
      those used by the California Pollution Control Financing Authority Act under its sales and use tax
      exclusion program and includes public agencies within the definition of a “participating party”
      that is eligible for financial assistance in connection with the projects designed to control or
      eliminate environmental pollution. Status: Signed by the Governor, Chapter 643, Statutes of
      2009.
   n) SB 1311 (Simitian) Changes in Deposits and Withdrawals: This bill reduces the CalCAP
      monetary contribution of the CPCFA to an amount equal to the amount of fees paid by a
      participating financial institution. The bill also authorizes the withdrawal of interest or other
      income from the loss reserve accounts for the purpose of offsetting administrative costs and
      contributions. Status: Signed by the Governor, Chapter 401, Statutes of 2008.

REGISTERED SUPPORT / OPPOSITION:

Support
Milken Institute
Nextgen California

Opposition
None on File

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

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