Bill Text: CA AB258 | 2023-2024 | Regular Session | Amended

California Assembly Bill 258

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Economic development: small businesses: Small Business Information Act: internet web portal.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 423, Statutes of 2023. [AB258 Detail]

Download: California-2023-AB258-Amended.html

Amended IN Assembly May 18, 2023

Amended IN Assembly April 26, 2023

Amended IN Assembly March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 258

Introduced by Assembly Member Reyes

January 19, 2023

An act to amend ~~Section~~ Sections 8333.1 and 12098.4 of, ~~to add Chapter 5.3 (commencing with Section 8340) to Division 1 of Title 2 of,~~ and to add Section 14842.1 to, the Government Code, relating to economic development.

LEGISLATIVE COUNSEL'S DIGEST

AB 258, as amended, Reyes. Economic development: small businesses: Small Business Information Act: The Front Door internet web portal.

(1)Existing law, the Grant Information Act of 2018, requires the California State Library (library) to create a funding opportunities internet web portal that provides a centralized location for grant seekers to find state grant opportunities. The act requires each state agency to register every grant the state administers with the library before commencing a solicitation or award process for distribution of the grant, and to provide for the acceptance of electronic applications for any grant administered by the state agency, as appropriate. The act requires the library to create an annual report to the Legislature relating to the effectiveness of the internet web portal, as specified.
This bill would require the library, by July 1, 2025, to create a funding opportunities internet web portal that provides a centralized location for small businesses to find state procurement opportunities and other financial opportunities, including, but not limited, to grants, technical assistance, loans, and other financial opportunities for small businesses in California. The bill would require the portal to include, but not be limited to, an interactive internet website that identifies any incentive opportunities allocated by statute or in the annual budget that will provide funds and other resources to assist small businesses and a link to the internet web portal “The Front Door.”
(1) Existing law, the Economic Revitalization Act, establishes the Governor’s Office of Business and Economic Development, also known as “GO-Biz,” in state government within the Governor’s office under the control of a director. Existing law requires GO-Biz to serve as the Governor’s lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth, and authorizes GO-Biz to establish an interactive internet website, as prescribed. Existing law creates the Office of Small Business Advocate (office) within GO-Biz to be led by the Small Business Advocate (advocate), who is appointed by, and serves at the pleasure of, the Governor. Existing law imposes prescribed duties on the advocate, including serving as the principal advocate in the state on behalf of small businesses, and enlisting the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating prescribed information about the programs and services provided by state government for the benefit of small businesses. Existing law requires the advocate to post specified information on the GO-Biz or advocate’s internet website, including how to receive assistance in certifying as a small business and identifying and participating in state procurement opportunities.

This bill would ~~require the library, in consultation with the Office of Small Business Advocate,~~ recast those provisions concerning the advocate’s responsibility to post the above-described information on the Go-Biz internet website or the advocate’s website, and would instead require the advocate to establish on the GO-Biz or advocate’s internet website an internet web portal entitled “The Front Door.” The bill would additionally require the advocate to include within that web portal prescribed links and information relevant to small businesses regarding current and upcoming procurement opportunities offered through state government and public utilities and financial resources and business incentives offered by the state or federal government to those businesses. The bill would require the advocate to ensure that ~~the “The Front Door”~~ this internet web portal is accessible and provides helpful information to a diverse set of potential applicants, including ~~women-, minority-, and veteran-owned businesses,~~ businesses owned by specified individuals, and other entities that are working to support and benefit disadvantaged or low-income communities. “The Front Door” portal would include information on how to receive assistance in identifying and understanding the state’s regulatory requirements, how to receive assistance in certifying as a small business or disabled veteran business enterprise, and on programs administered through the statewide network of small business financial development corporations. The bill would require the library to provide an annual report to the Legislature on the effectiveness of the portal, as specified.

(2) Existing law, the Grant Information Act of 2018, requires the California State Library (library) to create a funding opportunities internet web portal that provides a centralized location for grant seekers to find state grant opportunities.
This bill would require the library to provide a link to the above-described internet web portal, “The Front Door.”
~~(2)~~

(3) Existing law, the Small Business Procurement and Contract Act, requires the directors of the Department of General Services (department) and other state agencies that enter specified contracts, among other things, to establish a minimum goal of 25% procurement participation for small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. The act defines various terms for these purposes.

This bill would require the department, in consultation with the ~~Office of Small Business Advocate,~~ office, the Office of Small Business and Disabled Veteran Business Enterprise Services, and the Public Utilities Commission Supplier Clearinghouse, to provide an internet web page that includes web links to a an online directory of state-certified vendors by category of contract, as specified, and a contact and ~~registration information~~ digital form for vendors to submit their information to be included in that ~~directory, and an interactive internet web page that supports small businesses in identifying current and upcoming procurement opportunities.~~ online directory. The bill would require the department to provide a link to the internet web page on the department’s internet web page. The bill would require the department to notify each state agency or department that the web page is a resource for sourcing vendors to meet the 25% goal described above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.Chapter 5.3 (commencing with Section 8340) is added to Division 1 of Title 2 of the Government Code, to read:
5.3.Small Business Information Act
8340.
~~This chapter shall be known, and may be cited, as the Small Business Information Act.~~
8340.1.
(a)By July 1, 2025, the California State Library shall create a funding opportunities internet web portal that provides a centralized location for small businesses to find state procurement opportunities and other financial opportunities, including, but not limited, to grants, technical assistance, loans, incentives, tax credits, and other financial opportunities for small businesses in California.
~~(b)The portal required by subdivision (a) shall include, but shall not be limited to, both of the following:~~
(1)An interactive internet website that identifies any incentive opportunities allocated by statute or in the annual budget that will provide funds and other resources to assist, directly or through intermediaries, small businesses.
~~(2)A link to the internet web portal “The Front Door,” required by paragraph (2) of subdivision (c) Section 12098.4.~~
(c)The California State Library, in consultation with the Office of the Small Business Advocate, shall ensure that the portal required by subdivision (a) is accessible and provides helpful information to a diverse set of potential applicants, including women-, minority-, and veteran-owned businesses, and other entities that are working to support and benefit disadvantaged or low-income communities.
8340.2.
(a)The California State Library shall provide an annual report to the Legislature on the effectiveness of the internet web portal required by Section 8340.1 that includes, but is not limited to, all of the following:
~~(1)The utilization rate by state agencies.~~
~~(2)The amount of funding per financial opportunity provided by the portal.~~
~~(3)The number of visits to the portal and the parts of the portal that were visited.~~
(b)The California State Library shall submit the first annual report required by subdivision (a) by January 1, 2027, and that report shall cover the period of July 1, 2025, to July 1, 2026, inclusive. Each subsequent annual report shall be submitted by January 1, and shall cover the previous fiscal year.
~~(c)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.~~
~~(d)The requirement to submit a report imposed by this section is inoperative on January 31, 2031, pursuant to Section 10231.5.~~

SECTION 1.

This act shall be known, and may be cited, as the Small Business Information Act.

SEC. 2.

Section 8333.1 of the Government Code is amended to read:

8333.1.

(a) On or before July 1, 2020, the California State Library shall create a funding opportunities ~~Internet Web~~ internet web portal that provides a centralized location for grant seekers to find state grant opportunities. The funding opportunities ~~Internet Web~~ internet web portal shall include, but is not limited to, an interactive ~~Internet Web site~~ internet website that is launched to include, at a minimum, information identifying every grant administered by the state and any incentive opportunities allocated by statute or in the annual budget that will provide local assistance funds. The California State Library, in consultation with the Strategic Growth Council and the State Air Resources Board, shall ensure that the ~~Internet Web site~~ internet website is accessible and provides helpful information to a diverse set of potential applicants, including nonprofit and community-based organizations, and other entities that are working to support and benefit disadvantaged and low-income communities.

(b) The California State Library shall provide a link to the internet web portal described as “The Front Door,” as specified and pursuant to paragraph (2) of subdivision (c) of Section 12098.4.

SEC. 2.SEC. 3.

Section 12098.4 of the Government Code is amended to read:

12098.4.

(a) Each agency of the state shall furnish to the advocate the reports, documents, and information that are public records and that the advocate deems necessary to carry out the advocate’s functions under this chapter.

(b) (1) The advocate shall prepare and submit a written annual report to the Governor and to the Legislature that describes the activities and recommendations of the office, including an evaluation of the efforts of state agencies and, where appropriate, specific departments, that significantly regulate small businesses to assist minority and other small business enterprises, and making recommendations that may be appropriate to assist the development and strengthening of minority and other small business enterprises.

(2) The annual report prepared by the advocate shall also include details regarding the office’s activities to support procurement participation by small businesses, microbusinesses, disabled veteran business enterprises, and businesses owned by women, minorities, or members of the LGBTQ community that also qualify as a small business, microbusiness, or disabled veteran business enterprise. The report shall also include information on state agency compliance and implementation of “economic equity first” action plans and policies, developed pursuant to Section 11148.5, by state agency liaisons and advocates. Each state agency shall provide information regarding its activities to the advocate upon request.

(c) (1) The advocate may establish a centralized interactive telephone referral system and internet website to assist small and minority businesses in their operations, including governmental requirements, such as taxation, accounting, and pollution control, and to provide information concerning the agency from which more specialized assistance may be obtained.

(2) The advocate shall ~~post~~ establish on the GO-Biz internet website or the advocate’s internet website an internet web portal titled “The Front Door” that includes, at a minimum, all of the following:

(A) Information on how to receive assistance in identifying and understanding the state’s regulatory requirements. This information shall include:

(i) The name, telephone number, internet website, and email of the small business liaison designated pursuant to Section 11148.5 to assist small businesses with understanding and adhering to the regulatory requirements of the state entities in which they serve.

(ii) The internet website developed and maintained by GO-Biz to identify licensing, permitting, and registration requirements of state agencies, pursuant to the requirements of Section 12097.1.

(B) Information on how to receive assistance in certifying as a small business or disabled veteran business enterprise, and identifying and participating in state procurement opportunities shall be easily accessible from the ~~homepage~~ home page of the GO-Biz internet website. This information shall include:

(i) The name, telephone number, internet website, and email of the small business advocate designated pursuant to Section 14846 to assist small businesses in contracting with the state entities in which they serve.

(ii) Contact information for the Office of Small Business and Disabled Veteran Business Enterprise Services established pursuant to Section 14839.

(iii) ~~Links to the internet web portal required by Section 8340.1 and~~ A link to the procurement web page required by Section 14842.1.

(iv)The office, in consultation with the Department of General Services and the California State Library, shall ensure that the internet web portal required by this paragraph is accessible and provides helpful information to a diverse set of small businesses, including women-, minority-, and veteran-owned businesses, and other entities that are working to support and benefit small businesses in disadvantaged or low-income communities.
(iv) Links to interactive web pages, where known, that support small businesses in identifying current and upcoming procurement opportunities offered through state government and any public utility, as defined by Section 216 of the Public Utilities Code.

(C) Information about emergency preparedness, responses to emergencies, and recovery strategies for small businesses. This information shall be developed and updated in consultation with relevant state agencies and emergency responders.

(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. Beginning on or before February 15, 2024, this information shall also include a list with links to current awardees of the California Small Business Development Technical Assistance Act of 2022 (Article 7 (commencing with Section 12100.60) of Chapter 1.6 of Part 2).

(G) Information on and links to financial resources and business incentives offered by the state or federal government to small businesses. In addition to other methods for displaying this information, the information shall be searchable through an interactive web-based tool to assist small businesses in identifying available resources and incentives for which those small businesses may be eligible. There shall also be a link to the internet web portal maintained by the California State Library, as described in Section 8333.1.
(d) The office shall ensure that the internet web portal required by subdivision (c) is accessible and provides helpful information to a diverse set of small businesses, including women-, minority-, and veteran-owned businesses in disadvantaged or low-income communities.

SEC. 3.SEC. 4.

Section 14842.1 is added to the Government Code, to read:

14842.1.

(a) The department, in consultation with the Office of Small Business Advocate, the Office of Small Business and Disabled Veteran Business Enterprise Services, and the Public Utilities Commission Supplier Clearinghouse, shall provide an internet web page that includes web links to all of the following:

(1) A An online directory of state-certified vendors by category of contract, which shall include contracts for goods, services, information technology, and construction. For purposes of this paragraph, a state certification shall include, but is not limited to, small business, minority, ~~LGBT,~~ LGBTQ, disabled veteran, and persons with disabilities business enterprises.

(2) A contact and ~~registration information~~ digital form for vendors to submit their information to be included in the directory described in paragraph (1).

~~(3)An interactive internet web page that supports small businesses in identifying current and upcoming procurement opportunities.~~

(b) The department shall provide a link to the web page required by subdivision (a) on the department’s internet ~~homepage.~~ ~~Nothing in this section limits~~ home page. This section does not limit the authority of the department to include some or all of the information required by subdivision (a) on one or more additional internet web pages.

(c) The department shall notify each state agency or department that the internet web page required by subdivision (a) is a resource for sourcing vendors to meet the minimum goal of 25 percent procurement for small businesses and microbusinesses described in Section 14838.1.