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SB-74 Keep California Working Act.(2021-2022)

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Date Published: 12/10/2020 09:00 PM
SB74:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 74

Introduced by Senators Borgeas and Caballero
(Coauthors: Senators Bates, Grove, Jones, Melendez, Nielsen, Ochoa Bogh, and Wilk)
(Coauthors: Assembly Members Bigelow, Chen, Choi, Davies, Flora, Fong, Gallagher, Eduardo Garcia, Lackey, Mathis, Nguyen, Patterson, Petrie-Norris, Seyarto, Smith, Voepel, and Waldron)

December 10, 2020

An act to add Section 12098.8 to the Government Code, relating to COVID-19, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 74, as introduced, Borgeas. Keep California Working Act.
Existing law establishes the Office of Small Business Advocate within the Governor’s Office of Business and Economic Development for the purpose of advocating for the causes of small business and to provide small businesses with the information they need to survive in the marketplace.
This bill, the Keep California Working Act, would establish the Keep California Working Grant Program. The act would require the Small Business Advocate to administer the program and award grants, of an unspecified amount, to small businesses and nonprofit organizations that have experienced economic hardship resulting from the COVID-19 pandemic. The act would appropriate $2.6 billion dollars to the Office of Small Business Advocate for those purposes.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known as the Keep California Working Act.

SEC. 2.

 The Legislature finds and declares all of the following:
(a) COVID-19 has altered nearly every aspect of our lives and brought a halt to much of California’s economy. Many small businesses are struggling to survive, and recent data indicates that close to one third of small businesses will not survive beyond January of 2021 without additional funding. Nonprofits have also been adversely impacted as their resources and finances have declined while demand for their services has increased. California has an obligation to support these businesses and nonprofits in reducing their financial burdens as they are forced to alter their operations in order to comply with state mandates.
(b) Prioritizing the health and safety of our community while also supporting measures that responsibly and sustainably support our economy is a responsibility we have as a legislative body. We must acknowledge the truly remarkable and selfless ways businesses and their employees have stepped up to serve our communities during this crisis and advocate on their behalf.
(c) Now more than ever, California should provide relief to small businesses and nonprofits, or we risk losing a fundamental component of our communities.

SEC. 3.

 Section 12098.8 is added to the Government Code, to read:

12098.8.
 (a) As used in this section:
(1) “Small business” means a business that meets both of the following criteria:
(A) The business is independently owned and operated.
(B) The business has fewer than 100 employees.
(2) “Program” means the Keep California Working Grant Program.
(b) The Keep California Working Grant Program is hereby established under the administration of the advocate for the purpose of helping small businesses and nonprofit organizations continue to operate during the COVID-19 pandemic.
(c) (1) The advocate shall award a grant, in an amount not exceeding ____ dollars ($____), to an applicant who meets both of the following criteria:
(A) The applicant is a small business or nonprofit organization.
(B) The applicant has experienced economic hardship resulting from the COVID-19 pandemic.
(2) The advocate shall award grants on a first-come-first-served basis to applicants who meet the criteria described in paragraph (1).
(d) The advocate shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the program. All application procedures, forms, administrative guidelines, and other requirements developed by the advocate pursuant to this subdivision shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e) The sum of two billion six hundred million dollars ($2,600,000,000) is hereby appropriated from the General Fund to the Office of Small Business Advocate for the purpose of administering the program.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
The COVID-19 pandemic, proclaimed a State of Emergency by Governor Gavin Newsom on March 4, 2020, has devastated California’s small business and nonprofit communities. Many have permanently closed, and without additional relief, more will follow. In order to provide timely essential relief to our struggling small businesses and nonprofits, it is necessary that this act take effect immediately.