2011 Accomplishments/ SBA

Small Business California Current Issue:

2011 was a very successful year for Small Business California. Please see below for our accomplishments. I hope those of you that are not members will consider joining Small Business California. You can do so by going to www.smallbusinesscalifornia.org

Last week, I sent an email indicating that the President elevated the SBA to a Cabinet level position. The president is looking to merge the SBA with the Department of Commerce, Office of the US Trade Representative, the Export Import Bank, the Overseas Private Investment Corporation and the Trade and Development Agency. A concern we have with this is will small business get swallowed up in this merger? What will happen to the Office of Advocacy? We are watching this closely and will keep you posted on new developments. Looking forward to hearing your thoughts.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

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SMALL BUSINESS CALIFORNIA ACCOMPLISHMENTS 2011

Education Programs and Projects

• Small Business California completed its annual survey with over 1400 responses from small businesses around the state. As in the past, this survey had responses from every county in the state. The survey is used to set Small Business California’s agenda and received media coverage around the state. The survey was delivered to every legislator in the state and the governor
• Small Business California has presented at numerous forums information on the Patient Protection and Affordable Care Act (PPACA) and how it impacts small businesses. These were for the Sacramento Journal, Rotary Clubs, Women’s League of Voters, and other community groups. Small Business California continues to be a frequent source for the media.
• Small Business California sent letter with 14 associations to SBA Administrator asking SBA to assign Elizabeth Echols as point person for SBA compliance with 2007 energy bill. SBA has made the assignment.
• Scott Hauge represented Small Business California on the Board of Pacific Group on Health.
• Small Business California provides its membership with education and the latest information on all issues affecting small businesses at the state and federal levels through its website regular email updates, presentations to business groups, local Chambers of Commerce and industry trade associations.
• Small Business California represents its membership by actively participating as small business advisors to Assembly Jobs, Economic Development and the Economy Small Business Roundtable, Assembly Insurance Committee, Senate Labor and Industrial Relations, Governor’s Office of Economic Development (GO ED), Department of General Services Small Business Advisory Council, Commission on Health & Safety & Workers’ Compensation Employers’ Advisory Group, Business ROAR (Regulatory Oversight And Review).
• Met with Assembly of Jobs Committees staff in prioritizing key issues for small businesses.
• Met with Governors Economic Policy Advisor, Mike Rossi, on issues effecting small businesses and will be working with him to support Small Business California (next development meeting will be Jan 19, 2012).
• Met with Cal Osha chief, Ellen Weidess and her staff to clarify employers responsibilities of providing an emergency preparedness program.

Legislative Accomplishments

• Worked with Senator Price to allow general solicitation for an offering up to $1,000,000 a year provided that only accredited investors be permitted to invest, that each investor’s investment be limited to 10% of his liquid new worth (excluding equity in one’s principal residence), that the issuer obtain a suitability questionnaire from each prospective investor indicating his time horizon, how risk averse he is, the types of investments he prefers and other criteria indicating whether his investment is suitable for each investor.

SB Cal provided informational materials that assisted with legislative matter which were signed into law by Governor Brown and will become effective on January 1, 2012:

• AB 29 (J. Perez) – Creates the Governor’s Office of Economic Development
• AB 155 (C. Calderon) – Known as the E-Fairness bill, AB 155 will coordinate the enactment of federal law giving states the authority to require out-of-state internet retailers to collect state sales taxes and enable California small businesses to compete on a level playing field with on-line retailers.
• AB 335 (Solorio) – Enables the Department of Industrial Relations Division of Workers’ Compensation to produce an informational pamphlet and create a web accessible site that explains the workers’ compensation system and notices of benefits to employees.
• AB 361 (Huffman) – Establishes the formation of a new form of corporate entity known as benefit corporations and eases the requirements for a small business corporation to amend its articles of incorporation to take advantage of this option.
• AB 1426 (Solorio) – Reduces costs and increases transparency by eliminating an unnecessary layer of state government in removing the duplicative function of the court administrator position and distributing the duties to the Workers’ Compensation Appeals Board and the Division of Workers’ Compensation Administrative Director.
• SB 32 (Leno) – Would enable local restaurants and bars to infuse alcoholic beverages with herbs and flavorings by revising an outdated statute that prevents them from doing so.
• SB 826 (Leno) – Currently, the state is experiencing a shortage of workers’ compensation data that is used among other things in accurately assessing employer’s workers’ compensation premiums. This data is already required by law to be reported by the insurance carrier’s claims administrators; however, there was no penalty for non-compliance. SB 826 establishes a minor penalty on the claims administrator for the failure to report this data. The bill was fashioned in a way that will not pass on any additional costs to the employer, but to ensure a more accurate calculation of premium.

The following bills were strongly supported by Small Business California and may be taken up again in January (two-year bills), unless vetoed by the Governor as noted.

• AB 150 (Perea) – Mandates the goal of the state to do business with small businesses
• AB 541 (Morrell) – Proposes a study and assessment on the impacts of regulations on California small businesses
• AB 894 (V.M. Perez) – Assembly Jobs, the Economy and Economic Development’s 2-Year Legislative Jobs Package
• AB 1379 (Bradford) – Pertaining to Emerging Domestic Markets, this bill would ensure that large pension funds invest in small businesses. (Vetoed)
• SB 67 (Price) – Same as AB 150, this bill will mandate the goal of the state to do business with small businesses
• SB 469 (Vargas) – The Protect Small and Neighborhood Business Act would have required that an economic impact analysis be completed before a superstore could be approved with the focus on the impact to local small businesses. (Vetoed)
• SB 823 (Corbett) – This bill will establish a “Made in California” label that will assist in the marketing of California-made products. This bill will also establish an advisory group of small businesses representatives who will advise the Governor’s Office of Economic Development (GO ED) on the requirements and the criteria for carrying the Made in California label. (Vetoed)

SB Cal provided information and education in support of the following bills which may be taken up again in January (two-year bills), unless vetoed by the Governor as noted.

• SB 823 (Corbett) – Sponsored- This bill will establish a “Made in California” label that will assist in the marketing of California-made products. This bill will also establish an advisory group of small businesses representatives who will advise the Governor’s Office of Economic Development (GO ED) on the requirements and the criteria for carrying the Made in California label. (Vetoed)
• AB 150 (Perea) – Mandates the goal of the state to do business with small businesses
• AB 541 (Morrell) – Proposes a study and assessment on the impacts of regulations on California small businesses
• SB 469 (Vargas) – The Protect Small and Neighborhood Business Act would have required that an economic impact analysis be completed before a superstore could be approved with the focus on the impact to local small businesses. (Vetoed)

Federal Legislation:

• HR 4 (Lungren) – Eliminates the 1099 Reporting that was included in the President’s Health Care Bill
• HR 1603 (Murphy) – Also known as the SMART Act (The Strengthening Medicare and Repaying Taxpayers), this bill would streamline the efficiency of the Medicare Secondary Payer System by establishing a system that would settle claims quicker and with less confusion.

Energy Project- Accomplishments

• Developed publication, "California Chambers Leading the Clean Economy" published in print and PDF editions and distributed to local chamber throughout the state.
• Researched clean vehicle developments and opportunities with an eye towards a similar publication aimed at small businesses saving fuel costs on sales, service and delivery using alternative fuels and transportation.
• Filed Comments / Motion to the CPUC regarding expansion of On Bill Financing support, enhanced measurement of energy savings and "deep retrofits" in California.
• Completed Research Grant funded by the SF based Bay Area Air Quality Management District aimed at accelerating business investments in clean fuel vehicles for delivery, sales and service. Final report requested assistance in providing for EV rentals for businesses that would carry company logos during lease periods, support for developing business based solar carport charging installations and for recognition support of the value of “business miles” where lower fuels costs can add to supporting clean vehicle lease or loan payments.
• Met with the Edison Electric Institute in Washington D.C. to encourage development of guides for the safety, reliability and off peak charging aspects of battery vehicles to help businesses to faster invest in clean fuel vehicles that are not affected by spiking gas prices.

News Clips: Obama to Elevate SBA Chief

Small Businesses have been trying to elevate the SBA to cabinet level since at least 1985. I have spent a lot of time over the years on this issue. I certainly don’t know all the details on this and it is certainly not a done deal, but I love the discussion. Please see the article posted below. I would appreciate your comments.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

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WALL STREET JOURNAL – Obama to Elevate SBA Chief
By EMILY MALTBY
JANUARY 13, 2012, 9:13 A.M. ET

President Barack Obama is expected to announce Friday that he will exercise his executive authority to elevate the head of the U.S. Small Business Administration to a cabinet-level position, according to two senior administration officials.

The announcement will come along with a broader proposal from Mr. Obama to combine the Small Business Administration with five other government offices that would become a single, streamlined agency. It was unclear if the SBA would retain cabinet-level status if the consolidation went through.

One reason for the move might be to counter any perception that small business was being slighted in the broader reorganization. The White House didn't provide details concerning whether the SBA's current administrator, Karen Mills, would be granted a higher authority or additional responsibilities as a result of her elevated position.

The senior administration officials said the decision speaks to her accomplishments at the agency, such as reducing lender paperwork for SBA-backed loans, enforcing stricter oversight of government contracting and rolling out several laws that facilitated more lending to small businesses.

The move also follows accusations by some Republicans that Mr. Obama hasn't done enough to help small businesses. The National Federation of Independent Business, the small-business lobbying group in Washington, is fighting Mr. Obama's health-care law in a lawsuit that is now before the Supreme Court.

Notable small-business advocates, including Senator Olympia Snowe (R., Maine), the ranking member of the Senate Small Business and Entrepreneurship Committee, have urged Mr. Obama to restore the SBA to cabinet level, as it was under the Clinton administration.
Previous administrations have elevate people to cabinet-level status, which is mostly a symbolic way of saying they and their subject areas are considered important.

"On every small-business issue from day one, Karen has had the president's ear," said Gene Sperling, director of the White House's National Economic Council. "She is a tenacious, tireless and effective advocate for small business."

Because banks tend to be reluctant to extend credit to risky small businesses, the SBA operates a program that makes such loans more enticing to lenders by guaranteeing a portion of each loan against default. A record $30.5 billion in these loans were extended to more than 60,000 businesses in the government's 2011 fiscal year, ending September 30.

Payroll Tax/ Reaching Small Business

Most of you I am sure have heard that the Mayor and Board of Supervisors will be looking for a way to change the payroll tax. Suggestions have been going to a gross receipts tax or some kind of hybrid with a payroll tax and gross receipts tax.

It seems quite clear that the City cannot lose revenues by this change and some are saying a change should bring in additional revenues.

What are your thoughts keeping in mind that less than 10% of businesses in SF pay the payroll tax? Do you think the tax should be made broader bringing in more businesses. Should there be any exemptions?

Tomorrow I am part of a panel that will be discussing the Exchange that is being developed in California. As you know the Exchange is being set up to respond to the Health legislation passed in Washington. It will be made available to small businesses in 2014.

The Exchange is basically a purchasing pool for small businesses with less than 50 employees and individuals. The tax credits available to small businesses will only be made available to small businesses and individuals that purchase coverage through the Exchange.

My question to you is what is the best way to reach small businesses with information about the Exchange?

List of WC bills that the Gov Signed/Vetoed

Please see report below by our Government Relations person, Lori Kammerer on workers compensation bills signed and vetoed by the Governor.

There has been a lot of media attention to the article in the LA Times about Bank of America terminating lines of credit. Some of you indicated you had this happen to you. We worked closely with the reporter. Yesterday, I was interviewed by CBS radio in LA and NPR and I will do a FOX interview today.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

============

Legislative Activity

There is much excitement among the employer and provider stakeholders in the workers’ compensation community as Governor Brown vetoed several onerous bills that would have increased employers’ costs, while signing legislation that will provide technical improvements to the system.

As reported back in January of this year, Kammerer & Company forecasted that this would not be a major reform year. We also took a politically educated guess to note publically that the new administration would not increase taxes or impose additional regulations on employers this year. This was obvious as the Governor’s campaign platform clearly outlined his priorities for his first year in office – to balance the state’s $46 billion dollar revenue shortfall. Furthermore, through our discussions with the Governor’s transition team (now members of his Cabinet), this Governor would not be interested in among other things, offering up benefit increases, changing discrimination laws related to apportionment, or extending the 2-year cap on temporary disability.

Instead, this Governor stuck to his plan and focused almost entirely on resolving, at least for the most part, the state’s over-spend and under-reserve mode that has plagued California over the course of the past decade.

The following are key bills signed and vetoed by the Governor, along with the Legislative Tracking Report attached to this update.

• AB 335 by Assemblymember Jose Solorio (D-Santa Ana) – Workers' compensation: notices.
· Requires AD with CHSWC to revise some DWC forms. Removes reference to Vocational Rehabilitation & substitutes Supplemental Job Displacement Voucher references. Eliminates need to send Supplemental Job Displacement Voucher NOPE by certified mail at end of TD.

• AB 378 by Assemblymember Jose Solorio (D-Santa Ana) – Workers' compensation: pharmacy products.
· Provides imposition caps on Compound drugs @83% of generic for lowest price generic equivalent until AD adopts fee schedule.

• AB 397 by Assemblymember William W. Monning (D-Santa Cruz) – Workers' compensation insurance: contractors.
· Requires contractors to prove they are either exempt from coverage or have workers’ compensation coverage when renewing contractors’ licenses.

• AB 585 by Assemblymember Paul Fong (D-Mountain View) – Workers' compensation: cancer presumption.
· Extends existing cancer presumption in Labor Code § 3212.1 to Firefighters working at government installation.

• AB 1168 by Assemblymember Richard Pan (D-Sacramento) – Workers' compensation: vocational expert fee schedule.
· Requires the AD to adopt a fee schedule for Vocational Rehabilitation expert testimony by January 1, 2013

• AB 1426 by Assemblymember Jose Solorio (D-Santa Ana) – Workers' compensation: court administrator.
· Eliminates position of Court Administrator. This position is currently empty and the statutory provisions conflicted with the authority of the Administrative Director. The functions of the Court Administrator will be handled primarily through the AD’s office.

• SB 457 by Senator Ronald Calderon (D-Montebello) –Workers' compensation: liens.
· Provides where an employee obtains medical treatment pursuant a medical plan provided by a self-insured employee welfare benefit plan reimbursement shall be determined notwithstanding the official medical fee schedule adopted pursuant to Section 5307.1. Such liens shall be paid pursuant to the terms of the self-insured benefit plan not according to fee schedule.

• SB 684 by Senator Ellen Corbett (D-San Leandro) – Workers' compensation insurance: dispute resolution: arbitration clauses.
· Would allow California employers to arbitrate disputes under insurance policies that arise in California using California law even where the policy may have been written in a different state and provides for arbitration of disputes using another states law.

• SB 826 by Senator Mark Leno (D-San Francisco) –Workers' compensation: data reporting requirement: administrative penalties.
· Provides for imposition of administrative penalties where a claims administrator violates reporting requirements regulations.

Bills vetoed by Governor Brown:

• AB 211 by Assemblymember Gil Cedillo (D-Los Angeles) – Workers' compensation: permanent disability benefits. A veto message can be found here.
· This bill would have modified the provisions for providing the Supplemental Job Displacement Voucher from after the PD award till the end of TD. It would also have change the voucher amount to a flat $6000 rather than a structured amount based on the level of PD

• AB 584 by Assemblymember Paul Fong (D-Mountain View) – Workers' compensation: utilization review. A veto message can be found here.
· This bill would have required physicians performing UR services be licensed to practice medicine in CA. The bill would have created different standards for WC UR than the same services in Group health. The Governor was aware of the effort to impose this unique requirement in WC and did not consider a need to have different approaches in WC than from the rest of the health care industry.

• AB 947 by Assemblymember Jose Solorio (D-Santa Ana) – Workers' compensation: temporary disability payments. A veto message can be found here.
· This bill would have extended the time for payment of TTD beyond the 104 limit in Labor Code § 4656 where the employee underwent surgery and the period of TD extended beyond the 104 weeks. This bill was amended near the end of the session to limit it to post-surgical cases in an effort to limit the potential expense attached to the changes to Labor Code § 4656. As originally drafted it would have effectively eliminated the 104 limitation on TTD. The recent amendments provided significant limitation on the extension of TTD but the Governor appeared concerned the amendments such as this should be part of an overall effort to modify the system and rather than piecemeal changes.
·
• AB 1155 by Assemblymember Luis Alejo (D-Salinas) – Workers' compensation. A veto message can be found here.
· This bill would have interposed additional language in Labor Code § 4663 ostensibly to prevent discrimination on the basis of “immutable characteristics” such as race, gender, sexual orientation etc. The Governor’s message indicated the law already recognized similar protections and this provision would have potentially generated additional unnecessary litigation increasing employer costs with little corresponding additional protection to employees.

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Lori C. Kammerer
Kammerer & Company
1215 K Street, 17^th Floor
Sacramento, CA 95814
Office: (916) 441-5674
Cell: (916) 716-5674
LCK@midtown.net

AB 469/Wage Theft Protection Act

Tom Martin, a Board Member of Small Business California provided information about a new law in a recent newsletter he wrote for the Small Manufacturers Association of California. Employers effective January 1, 2012 are going to be required to provide this information to all new employees that are nonexempt. Please see below his piece along with the link to DIR and the template for you to provide the new employees. Hope you are enjoying the Holidays and Small Business California looks forward to a successful year for California small businesses in 2012.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

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AB 469 requires employers to provide nonexempt employees, at the time of hire, a notice that specifies:

-The rate of pay and the basis, whether hourly, salary, piece commission or otherwise, including any overtime rate

-Allowances, if any, claimed as part of the minimum wage, including meal and lodging allowances

-The regular pay day designated by the employer as required under the Labor Code
-The name of the employer, including any “doing business as” names in the letter not on the letterhead.
-The physical address of the employer’s main office or principal place of business and any mailing address, if different
-The telephone number of the employer
-The name, address and telephone number of the employer’s workers’ compensation carrier

The law also requires notice of any other information the Labor Commissioner deems material and necessary. The Labor Commissioner is to provide a template. If there is any change to the information in the notice, the employer must notify each employee, in writing, within seven calendar days of the changes, unless such changes are elsewhere reflected on a timely wage statement or other writing required by law. The new law only applies to nonexempt employees, which again highlights the need for properly classifying employees at the time of hire. This legislation also increases penalties for wage violations and makes further changes regarding collection of such penalties, including an increase in the statute of limitations.

***********************
The law specifies new hires, but it also says that any changes must be reported in writing to all employees within seven days. You can delay providing the information to current employees but eventually the employer will have to notify them as well, as changes are made. There is a lot of potential litigation in this.
***********************
Link below: Governor signs Wage Theft Protection Act of 2011

http://www.dir.ca.gov/dlse/Governor_signs_Wage_Theft_Protection_Act_of_2011.html

Cal OSHA IIPP/Emergency Action Plan

I hope you all are having a wonderful Holiday Season.

Last week, Lori Kammerer and I talked to Cal OSHA Director, Ellen Widess and three members of her staff to discuss how Small Business California can work more closely with her agency. We were impressed with her desire to reach out to small business and find ways that they can assist small business in navigating the regulations of the agency. I came away with the belief she wants to be helpful and a resource to us.

The first topic we discussed is the crazy ruling that businesses are not required to have an emergency action plan [disaster plan] and a fire prevention plan but if they do it must conform with Cal OSHA guidelines or the business will be subject to fines. Ms. Widess assured us that auditors are not fining businesses for this unless they have serious health hazards.
I agreed to obtain a few disaster plans from small businesses around the state so that her people could review them. I would appreciate your sending me a copy of your plan that I can forward to her. Please be advised I will not send the name of your company or your name.

The next step will be the establishment of a task force of small business people and Cal OSHA people to develop a simple prototype for small businesses of an emergency action plan and fire prevention plan. I think you all will agree that this makes sense for any business but it must be simple and easy to explain to our employees. If you are interested in participating on this task force please let me know. I will send out the final draft when completed.

The next issue we discussed was a new etool to assist small businesses in developing an Injury and Illness Prevention plan. I am always amazed that small businesses are not aware that this is required of all employers. I would guess over half of the people receiving this email either do not know this or have not developed a plan. This is the number one citation that Cal OSHA imposes when they do an audit and can mean a fine of as much as $5000.
Please take a look at the etool at http://www.dir.ca.gov/dosh/etools/09-031/index.htm
Ms. Widess would be interested to know your thoughts on this link. Please advise.

Lastly, I would like to know of problems you have had with Cal OSHA or regulations that are put on your business that you feel do not make sense or could be streamlined. Small Business California looks forward to working with Ms. Weidess and Cal OSHA and all of you now have a resource to express your thoughts about the agency.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

B Corporations

Small Business California was a strong supporter of the legislation creating Benefit (B) Corporations. Please see outline below about them. For those of you in the SF area, we are thinking of doing a seminar to provide small businesses the possible benefits of becoming a B Corporation. Is there any interest in doing so and would you attend?

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About B Corporations

Certified B Corporations are a new type of company which use the power of business to solve social and environmental problems. These companies have passed a comprehensive assessment measuring their impact on society, the environment and their employees. B Corporations embed stakeholder considerations into the DNA of their company, adjusting their governing documents to consider people, planet, and profit.

1. Community Building: B Corporations

B Impact Assessment: (http://b-lab.force.com/GIIRS/BCorpRegistration) It’s free and open to all, use it as a benchmarking tool and track your company’s social and environmental impact, or as a framework for building the sustainable business you want to run. Our road map for new businesses will help guide new companies looking to certify as B Corporations. (http://www.bcorporation.net/newbusiness)

B Resources:

Making good easy is hard work. Our open source B Resource Guides (http://www.bcorporation.net/services/resources) were created through the Colombia

Business School’s Research Initiative and Social Entrepreneurship RISE program (http://www.riseproject.org/)Use the B Resources Guide to access advice on anything ranging from writing an Employee Handbook to a Local Purchasing Policy

B Corporation Directory: With over 500 Certified B Corporations, the B Corporation Directory is a powerful source for collaborative advantage and mindful sourcing. Use the directory to find good companies with quality products & services across industry, geography, impact area, and more. (http://www.bcorporation.net/community/search)

2. Driving Capital to Impact: GIIRS

GIIRS simplifies driving capital to impact investment opportunities providing a comprehensive standard that measures social and environmental performance and enables comparability between investment opportunities. GIIRS rated companies are given exposure, can highlight what they are seeking (GIIRS Directory), and provided with access to various socially minded exchange platforms. (http://giirs.org/)
By certifying as a B Corporation, companies receive a free GIIRS rating.

3. A New Corporate Form: The Benefit Corporation

Bill AB361, the Benefit Corporation bill passed in California October 10, 2011, becoming the 7th US state to recognize Benefit Corporations as a legitimate corporate form. The bill takes effect January 1st, 2012.

Benefit Corporations are similar to existing California corporations, with the exception that they: 1) have a corporate purpose to create a material positive impact on society and the environment; 2) are accountable to redefine fiduciary duty to require consideration of the interests of employees, community and the environment when making decision; and 3) are transparent by publicly reporting annually on its overall social and environmental performance using a comprehensive, credible, independent, and transparent third party standard.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Cal OSHA IIPP/Emergency Action Plan

I hope you all are having a wonderful Holiday Season.

Last week, Lori Kammerer and I talked to Cal OSHA Director, Ellen Widess and three members of her staff to discuss how Small Business California can work more closely with her agency. We were impressed with her desire to reach out to small business and find ways that they can assist small business in navigating the regulations of the agency. I came away with the belief she wants to be helpful and a resource to us.

The first topic we discussed is the crazy ruling that businesses are not required to have an emergency action plan [disaster plan] and a fire prevention plan but if they do it must conform with Cal OSHA guidelines or the business will be subject to fines. Ms. Widess assured us that auditors are not fining businesses for this unless they have serious health hazards.
I agreed to obtain a few disaster plans from small businesses around the state so that her people could review them. I would appreciate your sending me a copy of your plan that I can forward to her. Please be advised I will not send the name of your company or your name.

The next step will be the establishment of a task force of small business people and Cal OSHA people to develop a simple prototype for small businesses of an emergency action plan and fire prevention plan. I think you all will agree that this makes sense for any business but it must be simple and easy to explain to our employees. If you are interested in participating on this task force please let me know. I will send out the final draft when completed.

The next issue we discussed was a new etool to assist small businesses in developing an Injury and Illness Prevention plan. I am always amazed that small businesses are not aware that this is required of all employers. I would guess over half of the people receiving this email either do not know this or have not developed a plan. This is the number one citation that Cal OSHA imposes when they do an audit and can mean a fine of as much as $5000.Please take a look at the etool link provide below
Ms. Widess would be interested to know your thoughts on this link. Please advise.

http://www.dir.ca.gov/dosh/etools/09-031/index.htm

Lastly, I would like to know of problems you have had with Cal OSHA or regulations that are put on your business that you feel do not make sense or could be streamlined. Small Business California looks forward to working with Ms. Weidess and Cal OSHA and all of you now have a resource to express your thoughts about the agency.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Revised 2011 and 2012 WC Fees

Please see below the new charges on workers compensation policies renewing January 1, 2011. (click to enlarge). You will note they have gone down and saves about $113 million for busineses in California. Small Business California wants to thank the Brown Administration for these reductions with a special thanks to Labor Secretary Marty Morgenstern and our good friend DIR Director Christine Baker.



Small Business California needs to raise more money in 2012 for our organization. I hope you all see the benefits of the email messages you receive and our Advocacy work. There is a cost as we have a government relations person in Sacramento. I try to pick up much of the cost through my company and our entire board does not receive any remuneration, but there are still cost that must be paid to keep the organization running. Please seriously consider joining. The cost I think is relatively small considering the value you receive.

If the dues of $150 for businesses with less than $1 million and $300 for businesses with over $1 million are too much for you at this point please consider making a contribution of any amount. You can join or contribute on line at www.smallbusinesscalifornia.org. We do take credit cards. Thank you again for those of you that are members.


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

SBA Energy/ SBIR

Small Business California worked hard to get SBA Administrator, Karen Mills to name a person in District 9 [California, Arizona, Nevada, Hawaii and Guam] as the point person in the implementation of the 2007 Energy Act. This bill required the SBA to take the lead in helping small businesses cost effectively reduce their Energy use with part of that being On Bill Financing, which Small Business California brought to California. Elizabeth Echols, the Regional Administrator has been designated as that person and now holds the title of Senior Advisor to the Administrator on Clean Tech and Energy Efficiency initiatives.

This week, Hank Ryan and I have talked to Ms. Echols and District Director, Mark Quinn about how we can move forward. Ms. Echols and Mr. Quinn seemed very interested in moving forward on this, especially given the President's Better Building program. One possibility is implementing On Bill Financing with the 504 loan program and also trying to find ways of working with 7A. This will be an ongoing effort but we are now beginning to move forward.

On the SBIR front, the bill to reauthorize the program has now been passed in the Senate and will go to the President where we expect a signature. This shows what small businesses can accomplish when we work together across the country. Part of what made this happen is that small businesses, both inside and outside the program, spoke up with a unified voice. See below for Rich Scindell’s piece. It’s a little long but well worth reading.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

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Dear SBIR Insider,

I am pleased (a gross understatement) to inform you that SBIR HAS NOW BEEN REAUTHORIZED for a period of 6 years, ending September 30, 2017, and that includes STTR, and what was the Commercialization Pilot Program (CPP), now to be known as the Commercialization Readiness Program (CRP). This was all done under the National Defense Authorization Act of 2012 (NDAA) HR.1540. All that's left is for the President to sign the bill into law, and he has said he would.

There are many changes and additions to these programs, many you will probably like, some, perhaps "not so much. What you won't read in press releases or the main stream press is that the SBIR program was a stone's throw from being laid to rest.
The fatigue factor from several years of battling for reauthorization, and fighting for 14 continuing resolutions led some powerful forces to question the validity of a program that can't be reauthorized. "If it can't be passed, let it die" was the word from one source. And die it would, had there not been serious compromises.

Although reauthorization has passed, your role is not done. It is vital that our SBIR community stay "tuned in" and active because your input will be requested relating to the changes and how the program is working for you. Although we have a six year reauthorization, I can assure you that some SBIR issues will be revisited by congress during this period.

Rather than giving you a laundry list of changes, we are in the process of creating a detailed technical document explaining the new legislation (sans legalese) and how it will most likely effect small business, the agencies, and academia. That will be in our next issue.

The legislation gives the SBA 180 days to implement new policy directives for SBIR and STTR. As those are being developed, public comments will be solicited. We'll let you know about those when they happen. Your input will be critical! The new eligibility regulations must implemented within 120 days.
For those of you who want the bill's language, we have created a PDF of the SBIR legislation from the conference report that was passed. It is 107 pages from the 1844 page NDAA document. You'll find it at www.zyn.com/sbir/insider/SBIR_Pages_from-HR1540conf.pdf

At this point you have "certainty" that the SBIR/STTR programs will continue, but uncertainty as to how the agencies will handle the changes (even the agencies will need to get up to speed on the details).
On the other hand there may very well be another CR if congress is unable to pass the omnibus appropriations bill before they go home for the holidays. The CR would be to keep the agencies funded for a short period (having nothing directly to do with SBIR authorization).

The Real Story of SBIR Reauthorization
Regardless of what you may see in the press about people taking credit for SBIR reauthorization, one person, Senator Mary Landrieu (D-LA), chair of the Senate Committee on Small Business & Entrepreneurship, towers over all others. I guarantee you that without Senator Landrieu and her extraordinary efforts in this political climate, SBIR would not have survived.

Jere Glover, SBTC executive director, who has been a keystone in SBIR since its inception and has been an important participant in every SBIR reauthorization, stated : "There has never been a Senator that has done more for the SBIR community, and spent more personal time and personal involvement than Senator Landrieu." On the reauthorization process Glover stated "SBIR reauthorization has always been tough, but never like this."

Landrieu worked closely with her committee's ranking member Olympia Snowe (R-ME), who has been an important supporter of SBIR since the beginning, and several others also played important supporting roles. On the Senate Armed Services Committee, Senators Carl Levin (D-MI), and John McCain (R-AZ) made it possible to include SBIR reauthorization language in the National Defense Authorization Act of 2012.

In fact, this morning shortly before passage of the NDAA, Senator Levin stated: "The conference report includes Senator Landieu's bill to extend the small business [innovation] research, the SBIR program for an additional six years. It's been about six years since we reauthorized this vitally important program which provides a huge benefit to our small businesses so that they can effectively participate in research programs that are funded by the federal government. In the defense arena, SBIR has successfully invested in innovate research and technologies that have contributed significantly to the expansion of the defense industrial base in the development of new military capabilities."

On the House side, we have Buck McKeon (R-CA) chair of the House Armed Services Committee (HASC), and ranking member Adam Smith (D-WA) to thank. But they needed persuasion and support to do this, and that came from a dedicated SBIR champion, Congresswoman Niki Tsongas (D-MA) who worked hard to get a lot of congressionals and the House leadership on board to support the Senate's bill over the House's (not an easy or politically popular feat). Traditionally there's not a lot of "love" between House and Senate.

HASC may not have been able to include SBIR without the support that Congresswoman Tsongas was able obtain. She is a true SBIR champion, and is very considerate of her constituents, as well as grateful for the support that many of you gave to signing on to the SBTC's SBIR letter to congressional leadership. That made a huge difference!
In a conversation with Ms. Tsongas, I thanked her for all her hard work and dedication to the SBIR program. She said, "Rick, it took a village."

Villages can be quaint but they can also be troublesome. On the Senate side, Landrieu had things under control, but on the House side she ran into some,,, lets say trolls and grouches. SBIR reauthorization was always problematic in the House due to some of the trolls in the form of House Small Business Committee chair Sam Graves (R-MO) and ranking member Nydia Velazquez (D-NY), and the grouch in the form of House Science Committee chair Ralph Hall (R-TX). They tried to block SBIR inclusion in the NDAA and it was looking bleak for SBIR.

This behavior has been going on for years, and the trolls continued to block SBIR from being reauthorized (unless it was their way). Ms. Landrieu, in what may have been a Howard Beale moment, was mad as hell and wasn't going to take it anymore, went over to the House, and had a talk with these people face-to-face, allegedly in a language they could understand (terminology by Harry Truman).

That, along with your efforts, and those of some other groups in contacting the leadership and other congressionals, helped sway things in a manner we have not seen in the SBIR world. Velazquez backed off, and Graves & Hall finalized a compromise with Landrieu that the Senate and House could live with. Both House & Senate leadership played an important role in getting this done.

In the next issue we will have detailed analysis of the changes to the program and we'll let you know who all the hero's were to help make this possible. There are lots!

Of course none of this would be possible without staff, and one staffer stands out from all the rest. Nobody, be it government or private sector has been more dedicated to SBIR, or has fought harder or longer for you and small businesses, than Ms. Kevin Wheeler. Kevin has been a warrior, and has often times been vilified because she wouldn't cave in to the ridiculous demands of high rolling, high pressure lobbyists, or the House Small Biz and S&T staffers doing their bidding. They did not appreciate Ms. Wheeler's protecting the interests of small business. That's all for now and we can get some rest. Congratulations and thanks to all of you who helped make this happen!

Here's wishing you a Merry Christmas, Happy Chanukah, Kwanzaa, Yontif, Festivus and Gafe Gake. We'll be back before the New Year.

Sincerely,

Rick

Rick Shindell
SBIR Gateway
Zyn Systems
40 Alderwood Dr.
Sequim, WA 98382
360-681-4123
rick@zyn.com
www.zyn.com/sbir

SBIR and NDAA Conference Votes

Thank you to all of you that signed onto the letter for SBIR. It made a difference. There were over 1,000 signatures and small business organizations around the country including Small Business California made it happen. A special thanks to our own Jackie Speier for her support and Congresswoman Nancy Pelosi with Nydia Velazquez and her work with Senate Small Business Committee Chair Landrieu.It is not a done deal yet but we are close.

FYI To my knowledge Small Business California working with the National Small Business Association was the only statewide California organization that worked on this. See below

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

=========================================================

Hi, Everyone.

As you know, we made the window to get a deal submitted for inclusion in the National Defense Authorization Act conference. We filed the deal on Saturday but were asked by SASC to stay silent until it was officially locked down with signatures and SASC and HASC had a chance to make their own statements Tuesday. Obviously, we wanted to respect that because we’d be nowhere without their help.

It was a crazy week getting the deal filed on Saturday, literally down to the wire. And Senator Landrieu’s success in getting a deal was mostly due to the work from the groups and businesses and members who put together letters, met with members and their staff, made concessions in reaching a compromise, and had the courage to go public with opposition to controversial provisions. So many deserve credit for getting us this far. Thank you.

There are many members who helped get us to this point, but I really think Landrieu earned the most credit. She got out there early on NDAA and got one of only about eight votes (out of about 375 amdts filed), and she worked the phones and knocked on House doors to keep NDAA in the bill and reach a deal with Graves and Hall. More specifically, she went to the House side Tuesday, Wednesday and Thursday of last week to meet with key members (Ms. Johnson, Mr. Graves and Mr. Hall), and she had calls with Mr. Levin, Mr. McCain, Mr. Smith, Ms. Pelosi, etc.

Among the highlights, Landrieu was able to negotiate for six years, more than the four or five expected, and she was able to get more in allocation than was expected (SBIR to 3.2% and STTR to .45% instead of 3% and nothing for STTR). The House also moderated some of their more controversial provisions (this was due to the group work and letters). I’m happy to do a call with you all if that would help to talk about the provisions in more detail.

Until then, we wait for the votes in the House and the Senate and keep our fingers crossed that there is no veto. As of now, the House is expected to vote on National Defense Conference Report around 3:30pm. The Senate is trying to get agreement to have its vote today.

MAYOR LEE INTRODUCES JOBS IMPACT REVIEW LEGISLATION TO PROTECT JOBS

This is really good news for SF small businesses. Legislation would be required to be reviewed by Small Business Commission where the legislation impacts jobs. We will need all your help getting this to the ballot and getting this passed in June. Please see press release below.


Scott Hauge
President
CAL Insurance and Associates, Inc.
2311 Taraval Street
San Francisco, CA 94116
www.cal-insure.com
Phone: (415) 680-2109
Fax: (415) 680-2137
License #0A32315
"Always looking out for you"

=================================================================

FOR IMMEDIATE RELEASE:
Tuesday, December 13, 2011
Contact: Mayor’s Office of Communications, 415-554-6131


*** PRESS RELEASE ***

MAYOR LEE INTRODUCES JOBS IMPACT REVIEW LEGISLATION TO PROTECT JOBS
Included in Mayor’s 17-Point Roadmap to Good Jobs & Opportunity, Proposed Charter Amendment Will Go to Voters in June 2012



San Francisco, CA—Mayor Edwin M. Lee today introduced a proposed Charter Amendment to require further analysis of all legislation introduced at the Board of Supervisors that may result in a net job loss.

The Charter amendment builds upon Proposition I in 2004 that created the City’s Office of Economic Analysis to review economic impacts from policies being considered by the City. By proposing this Charter amendment, Mayor Lee is strengthening job protections and fostering economic growth.

“I firmly believe that it is City Hall’s responsibility to help small businesses grow and promote job growth in the private sector,” said Mayor Lee. “If approved by voters in June, this Charter amendment will require a special Jobs Impact Review hearing for any new legislation that the impartial City Economist determines could negatively affect jobs. By including the voices of business owners and employees and evaluating impacts and alternatives to job loss in the City, we are improving transparency and accountability in our lawmaking process.”

The proposed amendment would require the Controller’s Office to report on all legislation introduced at the Board of Supervisors that imposes obligations or limitations on private businesses or their operations that may result in a net job loss. It would prohibit the Board of Supervisors from taking final action on ordinances introduced when the Controller’s Office has made this determination and refers the legislation to the Small Business Commission for further consideration and possible development of alternative policy proposals.


###


Francis Tsang
Chief Deputy Communications Director
Office of Mayor Edwin M. Lee
415.554.6467
francis.tsang@sfgov.org

Christine Baker Appointed DIR Director/ Underground Economy

In a previous email I mentioned that our good friend, Christine Baker had been appointed by the Governor as Acting Director of the Department of Industrial Relations. On Friday, the Governor replaced the Acting to the Director. She will now have to go through confirmation hearings. We have worked closely with Christine when she was head of the California Health Safety and Workers Compensation Commission. Christine is a great friend of Small Business California and we look forward to working with you Christine. She has committed to working on the underground economy which is a big issue for many small business.

See article below in LA Times by Marc Lifsher on the underground economy. Last week I testified at Mark DeSaulniers Select Committee on the Underground Economy and spoke on NPR "Air Talk with Larry Mantle"

(link to radio talk below):
http://www.scpr.org/programs/airtalk/2011/12/09/21716/ca-underground-economy/

This will be a big issue for Small Business California in the coming year. I am now in the process of identifying small businesses around the state that will speak to the media and tell their story. Please let me know if you are interested in doing so. Please be sure to give me your business name and location.

(California officials vow to crack down on underground economy):
http://www.latimes.com/business/la-fi-underground-economy-20111209,0,6550311.story

If you find these emails helpful and are not a member please join Small Business California. You can do so by going to www.smallbusinesscalifornia.com We need you to join so that we can continue to represent you in Sacramento and Washington.


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

California’s underground economy hits below the belt, agencies vow to crackdown

Hello Everyone!

Please check out my commentary for the Southern California public talk radio 89.3 KPCC. copy& paste link below:

http://www.scpr.org/programs/airtalk/2011/12/09/21716/ca-underground-economy/

California Accredited Investor Exemption Legislation

Yesterday, Small Business California Board member Lee Petillon , Lori Kammerer, our Government Relations person, and I met with Senator Price’s staff and representatives of the Consumer Attorneys of California regarding putting forth legislation that would help small businesses obtain capital.

Currently, the issuer of a private investment must have a pre-existing personal relationship with each prospective investor. This may be supplied by a registered broker dealer acting as the issuer’s agent. Small businesses do not have these contacts. They also do not have the size or track record to attract a registered broker dealer to arrange the offering. Thus, they are effectively prevented from legitimately raising any equity capital. This affects all small businesses but is particularly acute with minority and women owned businesses.

Our proposed legislation would provide for an exemption for issuer’s of these investments if the investors are accredited investors. This is defined as those with a new worth of $1 or individual incomes of $250,000 for individuals or $300,000 for households. We believe this would address the issue of access to capital for many small businesses. Clearly under current conditions banks, VCs, angel capital, etc are not meeting the needs of small businesses looking for $100,000 to $1 million.

This legislation will not be easy to pass should it get introduced. We will need your help. Will you help us get this passed? If you are a member of an association will your association help? We need to start getting our support in place. If you have questions let me know.


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

SBIR - Urgent Action Needed

I rarely send out emails on something so specific and I know most of you are not SBIR (Small Business Innovation Research) recipients, but to the small business SBIR community this is really important. Small Business California asked you to support your small business colleagues around the country and sign on to support this legislation.See below. Small Business California has signed on and I have individually.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

------------------------------------------------

SBIR Insider Newsletter
Special Edition
December 4, 2011

Dear SBIR Insider,

There is something important going on right now that we believe you should consider acting on. Although many of you write to us asking what you should do, we refrain from making suggestions because our job is to help you be well informed about the SBIR landscape so you can make your own decisions as to what you feel is appropriate.
We are going to make an exception in this issue, and tell you what we would do if in your shoes, then explain why. This has to happen before close of business Tuesday, December 6, 2011.

Brief Background
The Senate and House have now passed their own versions of the huge National Defense Authorization Act for Fiscal Year 2012 (NDAA).

Senate version is at: http://www.gpo.gov/fdsys/pkg/BILLS-112s1867es/pdf/BILLS-112s1867es.pdf
House version is at: http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540eh/pdf/BILLS-112hr1540eh.pdf

Included in the Senate version of NDAA is the complete reauthorization of SBIR/STTR/CPP, from the language of the Senate's earlier SBIR compromise bill S.493. Amongst other improvements discussed many times (see past SBIR Insiders at www.zyn.com/sbir/insider ) this extends the program through September 30, 2018.

The Senate & House will meet this week in what's known as "conference" to work out the differences in the two NDAA bills. The House is more than squeamish about including the Senate's SBIR language in the NDAA, and certain powers that be in the House are working to strike the SBIR language as we speak. They will most certainly accomplish this unless we, as individuals and collectively as a community of businesses try to intervene.

What's Being Done Right Now
The Small Business Technology Council (SBTC) is rallying its members to sign on to a letter they have composed for the House & Senate leadership, urging them to keep the SBIR language in the NDAA (full text of the letter at the end of this article and at www.zyn.com/sbir/insider/SBIR_Reauthorization_Letter_to_Leadership_12-2011.pdf ).

What You Can Do
This is your opportunity to be a strong voice and sign on to this letter. You do NOT have to be a member of SBTC, nor is anyone asking you for funds. Here's all you need to do:
Send an email to alec@sbtc.org with your name, your company name, and your company address/location.

Tell SBTC it is to be used only in support of their letter to the House & Senate Leadership (as shown in the 12-04-11 Issue of the SBIR Insider) concerning the adoption of the Senate's SBIR reauthorization language (Division E–SBIR and STTR Reauthorization) in the Senate's version of the NDAA (S. 1867). Your email must be received by Alec at SBTC by close of business Tuesday, December 6, 2011. Feel free to copy us on the email (rick@zyn.com) if you'd like.

Why SBTC?
As you know, we cover most of the mainstream SBIR support efforts from various groups, and this action has nothing to do with joining or funding any organization.
The Small Business Technology Council (SBTC) is the oldest and most established voice dedicated to SBIR. Their executive director, Jere Glover (one of the SBIR founders) is the best known and most respected SBIR advocate on the Hill, and he is leading this effort to allow all SBIR supporters to sign on to this letter.
This does not diminish the other organizations trying to do their part, but your support on this letter is very important.

The Inside Skinny

Powerful special interests as well as the House S&T and Small Biz committees are pressing to delete this SBIR language from the NDAA. S&T and Small Biz contend that Armed Services lack jurisdiction over SBIR while others contend that SBIR is not germane to the bill. Non-germane amendments to a bill can kill the entire bill. Some House insiders are privately saying SBIR will never stay in the NDAA.

Germaneness is in the eyes of the beholder. How germane to SBIR was the amendment to S.990 (Small Business Additional Temporary Extension Act of 2011) that replaced SBIR with PATRIOT Sunsets Extension Act of 2011, or putting the IRS 1099 statute into last year's health care bill? Of course they repealed the 1099 clause this year because of overwhelming opposition (and lobbying) against it.

As for jurisdiction, more than 50% of the total SBIR program is DoD, and it should be noted that Armed Service Committee leaders in both House & Senate extended the DoD's SBIR program for 1 year in the 2010 NDAA when the House's inept S&T and Small Biz committees struggled for a series of several CRs, extending from 1 month to 3 months. House S&T and small biz not only gave short shrift to the DoD (which forced the Armed Services to act), but to the entire SBIR program.

With the Senate's SBIR language now being included in the NDAA, even BIO has come out in favor! (see http://www.bio.org/media/press-release/bio-praises-senate-passage-sbir-reauthorization ). With BIO on the side of passage, opposition is mainly sour grapes on the part of Graves & Velazquez, and a few on the S&T committee being driven by part of the university community.

The House leadership is likely to Support Graves & Velazquez to try and remove SBIR from the NDAA, and that’s why it is hoped that a letter with many small business signatures will create an environment for the leadership to support SBIR inclusion.

I can't guarantee the letter will work, but it's up to you to try. Senators Landrieu, Snowe, Levin and others did their part. Will you? Will your signature provide the impetus to HASC chair Buck McKeon (R-CA) and ranking member Adam Smith (D-WA) to support the Senate's SBIR language? With a name like Buck, you wouldn't think he'll be shy. Buck has been through this before when in the last congress, as ranking member he saw (then chair) Ike Skelton (D-MO) stand up to his party's leadership to do the right thing for SBIR in the 2010 NDAA (extending DoD SBIR for 1 year). Buck has a much bigger SBIR contingent than did Skelton.
Where's NIST?

The release date of on or about November 3 for NIST's SBIR solicitation has come and gone, but we hear that the solicitation is still in the works. Lots of legal issues plague the agencies on SBIR, and it doesn't help that the program is set to expire in a couple of weeks. I believe the NIST solicitation will be released soon. We'll let you know on our SBIR Gateway www.zyn.com/sbir

Text From SBTC Letter To House &Amp; Senate Leaders

Dear Leader Reid, Leader McConnell, Speaker Boehner and Leader Pelosi:

We write today to express our strong support for the reauthorization of two programs critical to the nation’s small business: the Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) programs. As you may know, the most recent short-term extension of the SBIR program is set to expire on December 16th.

We understand there have been many good faith efforts to reach final legislation and appreciate the ongoing negotiations to reconcile the House and Senate bills. However, after 14 consecutive temporary extensions, it is now time to get a long-term reauthorization of these key, job-creating programs that will provide a vital economic stimulus to jump start the commercialization of new products American products and technologies.

To that end, Senators Mary Landrieu and Olympia Snowe filed the Senate SBIR legislation (S. 493) as a bipartisan floor amendment (S. Amdt. 1115) to the National Defense Authorization Act (NDAA) for Fiscal Year 2012 (S. 1867). This amendment, which was accepted by voice vote on the Senate floor, represents the best pathway by which the SBIR and STTR programs can be reauthorized this year.

We, the undersigned companies, strongly support the Landrieu-Snowe language. We therefore urge you to include in the final version of NDAA a workable, long-term reauthorization of the SBIR and STTR programs that closely tracks this language. The Senate’s SBIR Reauthorization bill is supported by both the small business and venture capital communities, including the National Small Business Association, National Federation of Independent Business, the U.S. Chamber of Commerce, the Biotechnology Industry Organization (BIO), and National Venture Capital Association.

We specifically oppose the addition of controversial provisions from the House version of SBIR reauthorization (H.R. 1425). For example, Section 505 of the House bill would eliminate the competitive, merit-based nature of the program by placing an arbitrary cap on the number of awards that can be given to the strongest SBIR participants. This runs counter to the goals and missions of the SBIR program, and would lead government agencies to invest in "second best" technology. We also oppose Section 105 of the House bill, which would eliminate the critical "Phase I" of the SBIR funding process. Since its inception in 1982, the SBIR program has utilized a three-phase process, under which no technology is given significant federal funding before feasibility is proven in an independent, peer-review process. Section 105 of the House bill would compromise this basic protection of the tax payer dollar. Finally, we oppose increasing the participation of firms that are majority-owned by venture capital interests beyond the parameters established in the Senate bill.

The SBIR program was created to increase the participation of small, high technology firms in federal research and development efforts. The program is widely recognized as having met these objectives and encouraged entrepreneurs to innovate and grow the US economy. Since the creation of the program, recipients of SBIR and STTR awards have provided small firms with $28 billion, and these firms have produced more than 85,000 patents, generating millions of well-paying jobs across all 50 states – as well as playing a key role in keeping our nation at the forefront of defense technology and scientific innovation.

In conclusion, we hope you will work with your colleagues this month to achieve final SBIR and STTR legislation that can be signed into law.
Sincerely,
Closing

Even if the letter fails, your efforts will add strength for additional bargaining power the Senate will have with the House on SBIR. NDAA is not the only issue on the congressional plate, as we have the expiration of the government wide CR on December 16. The House was scheduled to adjourn for the year on December 9, but now they reluctantly decided to move that date up to December 16 but perhaps longer.

As for other SBIR efforts, the House small biz & S&T committees have been insisting on their way or the highway. They also like the idea of 99% / 1%. They want 99% from their bill but are willing to give 1% to the Senate's. Once the SBIR issues settle down, I hope to be able to get back to once a month or so with the SBIR Insider. I regret taking this much of your time.

Sincerely,

Rick

Rick Shindell
SBIR Gateway
Zyn Systems
40 Alderwood Dr.
Sequim, WA 98382
360-681-4123
rick@zyn.com
www.zyn.com/sbir


Please respond to this email if you want to be removed from this distribution.
This and back Issues of the SBIR Insider are available at www.zyn.com/sbir/insider
Copyright © 2011 Zyn Systems. All rights reserved.

California Loan Programs

In previous emails I said I would send information on California small business loan programs. Please find below information from Toni Symonds Chief Consultant for the Assembly Committee on Jobs,Economic Development and the Economy and Kurt Chilcott President and CEO of the Greater San Diego CDC Small Business Finance. Thank you both.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

---------------------------------------


From: Symonds, Toni [mailto:Toni.Symonds@asm.ca.gov]
Subject: RE: EDD Tax Branch News #156 (California Business Owners)

There are several state and federal loan assistance programs. The California Capital Access program is a loss reserve program, which is designed to help businesses that are very close to being credit worthy. Each bank has its own reserve account. When a loan is enrolled in the account, the bank, the business and the state each put is a fee. The lender has access to the full reserve account for any defaults. The state generally puts in double the fee of the lender and the business. Prior to the most recent federal injection of $78+ million, the program only had $4 million new dollars each year. The Treasurer’s Office, who administers the program has been working with the JEDE Small Business Roundtable members to get more banks to participate in the program. Caled and others have been helping to encourage banks to sign-up.

The state also administers a 90% guarantee program, which is backed by a $30 million state managed account. This program also received $78+ million from the feds and is in the process of gearing up. This program best serves businesses that are credit worthy but do not necessarily fit the bank’s optimum profile for such things as years in business. Attached is a joint marketing flyer the Roundtable put together. We also have a very cool chart that talks about each of these programs and types of businesses they target. It has been used in cross training of public and private lenders by the SBDCs this past year. We should probable think about how to use it more broadly. I think it would be good to have a large lender list.

The link to the California Small Business Credit Initiative (pdf) can be found here:

http://www.smallbusinesscalifornia.org/Small%20Business%20Credit%20Initiative%20Flyer.pdf

The state’s programs have been very limited. Given the state’s financial situation, the state’s core programs have suffered through annual budget reductions. The federal Small Business Jobs Act, however, have given new life to the two state programs. So they may be worth a second look. I fully agree that there needs to be a secondary market for the state’s guarantee program and we have been talking about how to create more conformity among the loan products. The federal dollars may give us the incentive to jump start this work


-----------------------------------------

From: Kurt Chilcott [mailto:kchilcott@cdcloans.com]
Subject: FW: Small Business Lending

Small Banks and Alternative Mission Drive Lenders Providing Greater Access to Capital
California small businesses should be aware that there are capital resources available to them beyond the large bank and even community bank infrastructures. In fact a recent survey by Biz2Credit found that mission driven lender credit unions, microlenders and other non-profits are providing an increasingly large share of the smaller loans to small businesses. Due to declining sales and profitability, many banks are reducing or eliminating line of credit financing to small businesses. This cots off a vital source of working capital for many small businesses. Both small businesses and banks should be aware of and seek out alternative financing available through a range of alternative lenders. Many new programs have been established to meet these needs. Examples include:

1. SBA has implemented the 504 Debt Refi program available to small businesses who want to refinance the debt on their facilities at terms and maturities typically not available elsewhere: http://www.sba.gov/content/504-loan-refinancing-program

2. SBA has established a new program Community Advantage delivered by non-profit lenders for loans $250,000 and under. http://www.sba.gov/content/advantage-loan-initiatives

3. California has increased the reach of its State Loan Guarantee Program by increasing loan sizes to $1 million. http://buildworksource.com/california-loan-guarantee/

4. California has provided funding for the California Capital Access Program that provides a reserve fund for higher risk loans made by a range of financial institutions – banks and non-profits. http://www.treasurer.ca.gov/cpcfa/calcap.asp