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 Senate September 08, 2023

Amended IN Senate September 01, 2023

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
(Coauthor: Senator Alvarado-Gil)

January 19, 2023

An act to amend Sections 8333.1 and 12098.4 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: internet web portal.

(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 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 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. 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 to those businesses. The bill would require the advocate to ensure that this internet web portal is accessible and provides helpful information to a diverse set of potential applicants, including businesses owned by specified individuals, and other entities that are working to support and benefit disadvantaged or low-income communities.

(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.

(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, the Office of Small Business and Disabled Veteran Business Enterprise Services, and the Public Utilities Commission Supplier Clearinghouse,~~ department to provide an internet web page that includes web links to an online ~~directory of state-certified vendors by category of contract,~~ directories or databases of businesses certified by state agencies with industrial classification codes, as ~~specified, and a contact and digital form for vendors to submit their information to be included in that online directory.~~ specified. The bill would require the department to provide a link to the internet web page on the department’s internet ~~web~~ home page. The bill would require the department to notify each state agency or department that the ~~web page~~ small business certification database 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.

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 portal that provides a centralized location for grant seekers to find state grant opportunities. The funding opportunities internet web portal shall include, but is not limited to, an interactive 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 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 as specified and pursuant to paragraph (2) of subdivision (c) of Section 12098.4.

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 establish on the GO-Biz internet website or the advocate’s internet website an internet web portal 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 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) A link to the procurement web page required by Section 14842.1.

(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 to small businesses. In addition to other methods for displaying this information, as funding is available, the advocate shall make the information 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. 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, department shall provide an internet web page that includes web links to ~~all of the following:~~

~~(1)An~~ one or more online ~~directory of state-certified vendors by category of contract, which shall include contracts for goods,~~ directories or databases of businesses certified by state agencies with industrial classification codes, such as the United Nations Standard Product and Service Codes, North American Industry Classification System, or Standard Industrial Classification, that include categories related to goods or commodities, services, information technology, and construction. For purposes of this ~~paragraph, a~~ subdivision, state certification shall ~~include, but is not limited to, small business, minority, LGBTQ, disabled veteran,~~ include small businesses, disabled veteran business enterprises, minority business enterprises, woman business enterprises, LGBTQ business enterprises, and persons with disabilities business enterprises.

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

(b) The department shall provide a link to the web page required by subdivision (a) on the department’s internet 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)~~ Department of General Services small business certification database 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.