Bill Text: CA SB625 | 2021-2022 | Regular Session | Amended

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

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Bill Title: California Pollution Control Financing Authority: community development financial institutions: grant program.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2022-07-29 - August 3 set for first hearing canceled at the request of author. [SB625 Detail]

Download: California-2021-SB625-Amended.html

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Amended  IN  Senate  May 28, 2021

Amended  IN  Senate  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 625

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Introduced by Senators Caballero and Limón
(Coauthors: Senators Durazo and Min)

February 18, 2021

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An act to add Article 11 (commencing with Section 63049.75) to Chapter 2 of Division 1 of Title 6.7 of the Government Code, relating to economic development.

LEGISLATIVE COUNSEL'S DIGEST

SB 625, as amended, Caballero. Community development financial institutions: grant program.

(1)Existing

Existing law, the Bergeson-Peace Infrastructure and Economic Development Bank Act, establishes the California Infrastructure and Economic Development Bank (I-Bank) in the Governor’s Office of Business and Economic Development under the direction of an executive director appointed by the Governor, subject to confirmation by the Senate, and governed by a board of directors composed of specified persons. Existing law, among other things, authorizes the I-Bank to make loans, issue bonds, and provide financial assistance for various types of projects that qualify as economic development or public development facilities.

Existing federal law establishes the Capital Magnet Fund and makes moneys in that fund available to the United States Secretary of the Treasury to carry out a competitive grant program to attract private capital for, and increase investment in, certain affordable housing and economic development projects by providing grants, as provided, to Treasury-certified community development financial institutions or nonprofit organizations that meet specified criteria.

This bill would establish the California Investment and Innovation Program, administered by the I-Bank, for the purpose of providing grants to qualified community development financial institutions. The bill would establish the California Investment and Innovation Fund and, upon appropriation, require the I-Bank to award a grant to an eligible recipient, defined as a community development financial institution that meets specified criteria under the program, as provided. The bill would specify authorized uses of grant funds, including providing loans, grants, equity investments, or technical assistance within low-income communities or for purposes that have a direct and substantial benefit to lower income households. The bill would also provide criteria for prioritization of grants, and would require the I-Bank to establish guidelines for performance and periodic reporting by grantees. The bill would also establish the California Investment and Innovation Advisory Committee, which would review and recommend for approval applications for grants, and would provide recommendations to the I-Bank on the successful implementation of the program.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Community Development Financial Institutions (CDFIs) are a critical partner of the State of California in addressing short-term and long-term needs of low- and moderate-income communities in the areas of affordable housing, health care, small business lending, economic development, and more.

(b) As mission-driven lenders, grantors, and providers of technical assistance, CDFIs have proven time and again that they can play a valuable role in helping to deploy and leverage public investment quickly and efficiently.

(c) It is the intent of the Legislature in creating the California Investment and Innovation Program to establish a program that creates an ongoing partnership with CDFIs to assist the State of California in efficiently deploying resources to communities in need and establishing an equitable economic recovery that benefits low-income communities and communities of color that have been disproportionately impacted by the economic fallout of the COVID-19 pandemic and by historical and ongoing disinvestment.

(d) In addition to providing an economic jumpstart for those communities through immediate investment, it is the intent of the Legislature that the program created by this legislation will serve as a potential repository for current and future emergency or stimulus funding streams that would otherwise require the state to start up new programs, thereby slowing the delivery of these funds to those most in need. The program will be a permanent resource for community investment.

SEC. 2.

 Article 11 (commencing with Section 63049.75) is added to Chapter 2 of Division 1 of Title 6.7 of the Government Code, to read:

Article  11. California Investment and Innovation Program

63049.75.

 For purposes of this article:

(a) “Bank” means the California Infrastructure and Economic Development Bank.

(b) “Community development financial institution” means any community development financial institution certified by the federal Community Development Financial Institutions Fund under Part 1805 (commencing with Section 1805.100) of Chapter XVIII of Title 12 of the Code of Federal Regulations.

(c) “Disadvantaged community” means an area, as defined by the bank pursuant to Section 63049.79, in which the median household income is less than 80 percent of the statewide annual median household income level.

(c)

(d) “Eligible recipient” means a community development financial institution for which either of the following applies:

(1) The community development financial institution has its headquarters in this state.

(2) The community development financial institution has a record of lending in this state, based on either of the following:

(A) At least 25 percent of the community development financial institution’s loan portfolio provides financial assistance to persons or projects located in this state.

(B) The community development financial institution has provided financing assistance in this state totaling at least five million dollars ($5,000,000) over the following time periods:

(i) If the community development financial institution is not a small and emerging community development financial institution, the three years preceding the date of its application for a grant under the program.

(ii) If the community development financial institution is a small and emerging community development financial institution, any time period.

(d)

(e) “Fund” means the California Investment and Innovation Fund created in Section 63049.76.

(e)

(f) “Low-income communities” has the same meaning as defined in Section 39713 of the Health and Safety Code.

(f)

(g) “Lower income household” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

(g)

(h) “Program” means the California Investment and Innovation Program established in Section 63049.76.

(h)

(i) “Small and emerging community development financial institution” means a community development financial institution that has less than ten million dollars ($10,000,000) in assets.

63049.76.

 (a) (1) The California Investment and Innovation Program is hereby established for the purpose of providing grants to eligible recipients.

(2) The bank shall administer the program.

(b) The California Investment and Innovation Fund is created in the State Treasury. Upon appropriation by the Legislature, the bank shall allocate moneys in the fund to eligible recipients in accordance with this article.

(c) The California Investment and Innovation Fund may receive funds made available to the state by any source, including, but not limited to, the federal government, philanthropic entitles, entities, and financial intuitions. institutions.

63049.77.

 (a) When funding is available pursuant to Section 63049.76, the bank shall make the funding available to eligible recipients. Unless otherwise prohibited by law, the bank shall use the available funding to do all of the following:

(a)

(1) Develop a competitive application process for awarding grants pursuant to the program and require each eligible recipient to submit an application in the form and manner prescribed by the bank.

(b)

(2) Set aside at least 20 percent of any amount made available for purposes of the program for eligible recipients that are small and emerging community development financial institutions.

(c)

(3) Ensure that eligible recipients receiving grants pursuant to the program serve geographically diverse areas, both urban and rural, across this state.

(b) When funding is available pursuant to Section 63049.76, the bank shall make grants available in one or more rounds of funding availability, not to exceed twenty-five million dollars ($25,000,000) in total grants in any calendar year.

(c) Pursuant to Section 63049.79, the bank shall determine the maximum amount that any eligible recipient may receive per calendar year, provided that, in a calendar year, no applicant may receive more than 5 percent of the total grant funds available in that calendar year.

(d) To the extent permissible under state and federal equal protection laws, grants shall be prioritized in accordance with the following criteria:

(1) Providing access to capital for communities and businesses that have historically lacked access to capital, including, but not limited to, the following:

(A) Businesses in which a majority of the business is owned by women, minorities, persons of color, or veterans.

(B) Businesses in rural communities.

(C) Businesses in low-income communities.

(2) Serving communities that are disadvantaged communities or have a disproportionately high rate of poverty or unemployment, low educational attainment, or other disadvantaging factor that limits access to capital and other resources.

(3) Providing access to housing, health care, or education or financial services for households that are very low income as defined in Section 50105 of the Health and Safety Code.

63049.78.

 (a) Unless otherwise prohibited by law, an eligible recipient that receives grant funds under the program may use those funds for the following purposes:

(1) Providing loans, grants, equity investments, or technical assistance within low-income communities or for purposes that have a direct and substantial benefit to lower income households.

(2) Serving investment areas or targeted populations, as those terms are defined in Section 4702 of Title 12 of the United States Code, as that section read as of January 1, 2021, by developing or supporting any of the following:

(A) Commercial facilities that promote revitalization, community stability, or job creation or retention.

(B) Businesses that either provide jobs in low-income communities or enhance the availability of products and services to lower income households.

(C) Community facilities.

(D) The provision of basic financial services.

(E) Housing that is principally affordable to lower income households. Assistance used to facilitate homeownership pursuant to this subparagraph shall be limited to services and lending products that serve lower income households that either are not provided by other lenders in the area or complement the services and lending products provided by other lenders that serve the investment area or target population.

(F) Any other businesses or activities deemed appropriate by the bank and consistent with the purposes of the program.

(b) An eligible recipient that provides loans with grant funds awarded under the program shall provide those loans on a revolving basis.

63049.79.

 The bank may adopt guidelines for the operation of the program in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.

63049.80.

 (a) For purposes of this section:

(1) “Committee” means the California Investment and Innovation Advisory Committee.

(2) “Director” means the executive director of the bank.

(b) The director may establish and appoint the committee.

(c) The committee shall consist of the director or the director’s designee and one volunteer from each of the following categories:

(1) A member of the public appointed by the Senate Committee on Rules.

(2) A member of the public appointed by the Speaker of the Assembly.

(3) A representative of a consumer advocacy group.

(4) A member of the public with expertise in affordable housing development or finance.

(5) A member of the public with expertise in community development.

(6) A representative of a financial institution or a community development financial institution.

(7) A member of the public with expertise in small business lending.

(8) A representative of an organization representing the interests of low-income rural communities.

(d) The committee’s duties shall include all of the following:

(1) Reviewing and recommending for approval applications for grants submitted pursuant to this article.

(2) Providing recommendations to the bank on the successful implementation of the program.

63049.81.

 (a) Pursuant to Section 63049.79, the bank shall establish time periods for performance and periodic reporting by grantees.

(b) Pursuant to Section 63049.79, the bank shall adopt guidelines for periodic reporting by grantees. In adopting the guidelines, the bank shall ensure appropriate periodic financial and project reporting, record retention, and audit requirements for the duration of the grant to the grantee to ensure compliance with the limitations and requirements of this section. The guidelines shall also establish reporting that documents the use of funds, the number of persons or households served, the geographic distribution of funds, and other data as determined by the bank to assist the bank in assessing program outcomes.