California 2017 2017-2018 Regular Session

California Assembly Bill AB1445 Amended / Bill

Filed 03/28/2017

                    Amended IN  Assembly  March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1445Introduced by Assembly Member ReyesFebruary 17, 2017 An act to amend Section 65584.06 of the Government Code, relating to local government. add Section 14838.8 to the Government Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTAB 1445, as amended, Reyes. Housing needs. Public contracts: small business participation.The Small Business Procurement and Contract Act requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified.This bill would require all state agencies, departments, boards, and commissions to establish and achieve an annual goal of 25% small business participation in state procurements and contracts, to ensure that the states procurement and contract processes are administered in order to meet or exceed the goal, and to report to the director statistics regarding small business participation in the agencys procurements and contracts.The bill would require the Department of General Services to monitor the progress of the agencies toward meeting the goal and to provide this information to the Office of Small Business Advocate. The bill also would require a state agency, department, board, or commission that has not achieved the goal by the close of the fiscal year to submit a corrective action plan to the department within 45 days. The bill would require the department, in collaboration with the Office of Small Business Advocate, to undertake reasonable means to assist agencies in improving small business participation in their contracting. The bill would require all state agencies, departments, boards, and commissions to use a contracting procedure established in the act for specified contracts with small businesses whenever possible. The bill also would require the Office of Small Business Advocate to collaborate with the department to cooperatively enhance the states small business program by helping small businesses access capital and other financial resources necessary to successfully fulfill state contracts. The bill would apply to all state public entities that receive state public funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this bill, the University of California, the California State University, and the California Community Colleges would only be required to meet the 25% goal for state funding used in contracting. The Planning and Zoning Law requires a city or county general plan to include specified mandatory elements, including a housing element that identifies and analyzes existing and projected housing needs and includes a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. That law also requires the Department of Housing and Community Development, for cities and counties without a council of governments, to determine and distribute the existing and projected housing need, in accordance with specified requirements.This bill would make nonsubstantive changes to that provision relating to housing for cities and counties without a council of governments.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 14838.8 is added to the Government Code, to read:14838.8. (a) In order to encourage small business participation in state contracts, all state agencies, departments, boards, and commissions shall establish and achieve an annual goal of 25-percent small business participation in state procurements and contracts. (b) Notwithstanding any other provision of this chapter, the heads of all state agencies, departments, boards, and commissions shall ensure that the states procurement and contract processes are administered in order to meet or exceed the 25-percent small business participation goal, and shall report to the director statistics regarding small business annual participation in his or her agencys procurements and contracts. (c) The Department of General Services shall monitor the progress of all state agencies, departments, boards, and commissions toward meeting the 25-percent small business participation goal. The department shall regularly share information with the Office of Small Business Advocate on the progress of each individual agency, department, board, and commission in meeting the annual goal, including, but not limited to, providing copies of corrective action plans. (d) (1) A state agency, department, board, or commission that has not achieved the 25-percent small business participation goal by the close of the fiscal year shall submit a corrective action plan to the Department of General Services within 45 days.(2) The Department of General Services, in collaboration with the Office of Small Business Advocate, shall undertake reasonable means to assist agencies in improving small business participation in their contracting, including entering into memoranda of understanding with the agencies that have not met the goal to improve their performance. (e) All state agencies, departments, boards, and commissions shall use the contracting procedure authorized in Section 14838.5 to contract with small businesses for goods and services contracts under one hundred thousand dollars ($100,000) and construction contracts under one hundred twenty thousand dollars ($120,000) whenever possible. (f) The Department of General Services shall actively promote small business certification, help small businesses market their products, goods, and services to the state, and promote the use of technologies and other innovative solutions for notifying small businesses of state contracting opportunities, including, but not limited to, the Subscription Outreach Service of the California State Contracts Register.(g) The Department of General Services shall collaborate with the Office of Small Business Advocate in the offices work to assist small businesses to access capital and other financial resources necessary to successfully fulfill state contracts. (h) This section applies to all state agencies, departments, boards, commissions, and other state public entities that receive state funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this section, the University of California, the California State University, and the California Community Colleges shall only be required to meet the 25-percent goal for state funding used in contracting. SECTION 1.Section 65584.06 of the Government Code is amended to read:65584.06.(a)For cities and counties without a council of governments, the department shall determine and distribute the existing and projected housing need, in accordance with Section 65584 and this section. If the department determines that a county or counties, supported by a resolution adopted by the board or boards of supervisors, and a majority of cities within the county or counties representing a majority of the population of the county or counties, possess the capability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the distribution of the regional housing need, the department shall delegate this responsibility to the cities and county or counties.(b)The distribution of regional housing need shall, based on available data and in consultation with the cities and counties, take into consideration market demand for housing, the distribution of household growth within the county assumed in the regional transportation plan where applicable, employment opportunities and commuting patterns, availability of suitable sites and public facilities, agreements between a county and cities in a county to direct growth toward incorporated areas of the county, or other considerations as may be requested by the affected cities or counties and agreed to by the department. As part of the allocation of the regional housing need, the department shall provide each city and county with data describing the assumptions and methodology used in calculating its share of the regional housing need. Consideration of suitable housing sites or land suitable for urban development is not limited to existing zoning ordinances and land use restrictions of a locality, but shall include consideration of the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.(c)Within 90 days following the departments determination of a draft distribution of the regional housing need to the cities and the county, a city or county may propose to revise the determination of its share of the regional housing need in accordance with criteria set forth in the draft distribution. The proposed revised share shall be based upon comparable data available for all affected jurisdictions, and accepted planning methodology, and shall be supported by adequate documentation.(d)(1)Within 60 days after the end of the 90-day time period for the revision by the cities or county, the department shall accept the proposed revision, modify its earlier determination, or indicate why the proposed revision is inconsistent with the regional housing need.(2)If the department does not accept the proposed revision, then, within 30 days, the city or county may request a public hearing to review the determination.(3)The city or county shall be notified within 30 days by certified mail, return receipt requested, of at least one public hearing regarding the determination.(4)The date of the hearing shall be at least 10 but not more than 15 days from the date of the notification.(5)Before making its final determination, the department shall consider all comments received and shall include a written response to each request for revision received from a city or county.(e)If the department accepts the proposed revision or modifies its earlier determination, the city or county shall use that share. If the department grants a revised allocation pursuant to subdivision (d), the department shall ensure that the total regional housing need is maintained. The departments final determination shall be in writing and shall include information explaining how its action is consistent with this section. If the department indicates that the proposed revision is inconsistent with the regional housing need, the city or county shall use the share that was originally determined by the department. The department, within its final determination, may adjust the allocation of a city or county that was not the subject of a request for revision of the draft distribution.(f)The department shall issue a final regional housing need allocation for all cities and counties within 45 days of the completion of the local review period.

 Amended IN  Assembly  March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1445Introduced by Assembly Member ReyesFebruary 17, 2017 An act to amend Section 65584.06 of the Government Code, relating to local government. add Section 14838.8 to the Government Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTAB 1445, as amended, Reyes. Housing needs. Public contracts: small business participation.The Small Business Procurement and Contract Act requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified.This bill would require all state agencies, departments, boards, and commissions to establish and achieve an annual goal of 25% small business participation in state procurements and contracts, to ensure that the states procurement and contract processes are administered in order to meet or exceed the goal, and to report to the director statistics regarding small business participation in the agencys procurements and contracts.The bill would require the Department of General Services to monitor the progress of the agencies toward meeting the goal and to provide this information to the Office of Small Business Advocate. The bill also would require a state agency, department, board, or commission that has not achieved the goal by the close of the fiscal year to submit a corrective action plan to the department within 45 days. The bill would require the department, in collaboration with the Office of Small Business Advocate, to undertake reasonable means to assist agencies in improving small business participation in their contracting. The bill would require all state agencies, departments, boards, and commissions to use a contracting procedure established in the act for specified contracts with small businesses whenever possible. The bill also would require the Office of Small Business Advocate to collaborate with the department to cooperatively enhance the states small business program by helping small businesses access capital and other financial resources necessary to successfully fulfill state contracts. The bill would apply to all state public entities that receive state public funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this bill, the University of California, the California State University, and the California Community Colleges would only be required to meet the 25% goal for state funding used in contracting. The Planning and Zoning Law requires a city or county general plan to include specified mandatory elements, including a housing element that identifies and analyzes existing and projected housing needs and includes a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. That law also requires the Department of Housing and Community Development, for cities and counties without a council of governments, to determine and distribute the existing and projected housing need, in accordance with specified requirements.This bill would make nonsubstantive changes to that provision relating to housing for cities and counties without a council of governments.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 28, 2017

Amended IN  Assembly  March 28, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1445

Introduced by Assembly Member ReyesFebruary 17, 2017

Introduced by Assembly Member Reyes
February 17, 2017

 An act to amend Section 65584.06 of the Government Code, relating to local government. add Section 14838.8 to the Government Code, relating to public contracts.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1445, as amended, Reyes. Housing needs. Public contracts: small business participation.

The Small Business Procurement and Contract Act requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified.This bill would require all state agencies, departments, boards, and commissions to establish and achieve an annual goal of 25% small business participation in state procurements and contracts, to ensure that the states procurement and contract processes are administered in order to meet or exceed the goal, and to report to the director statistics regarding small business participation in the agencys procurements and contracts.The bill would require the Department of General Services to monitor the progress of the agencies toward meeting the goal and to provide this information to the Office of Small Business Advocate. The bill also would require a state agency, department, board, or commission that has not achieved the goal by the close of the fiscal year to submit a corrective action plan to the department within 45 days. The bill would require the department, in collaboration with the Office of Small Business Advocate, to undertake reasonable means to assist agencies in improving small business participation in their contracting. The bill would require all state agencies, departments, boards, and commissions to use a contracting procedure established in the act for specified contracts with small businesses whenever possible. The bill also would require the Office of Small Business Advocate to collaborate with the department to cooperatively enhance the states small business program by helping small businesses access capital and other financial resources necessary to successfully fulfill state contracts. The bill would apply to all state public entities that receive state public funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this bill, the University of California, the California State University, and the California Community Colleges would only be required to meet the 25% goal for state funding used in contracting. The Planning and Zoning Law requires a city or county general plan to include specified mandatory elements, including a housing element that identifies and analyzes existing and projected housing needs and includes a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. That law also requires the Department of Housing and Community Development, for cities and counties without a council of governments, to determine and distribute the existing and projected housing need, in accordance with specified requirements.This bill would make nonsubstantive changes to that provision relating to housing for cities and counties without a council of governments.

The Small Business Procurement and Contract Act requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified.

This bill would require all state agencies, departments, boards, and commissions to establish and achieve an annual goal of 25% small business participation in state procurements and contracts, to ensure that the states procurement and contract processes are administered in order to meet or exceed the goal, and to report to the director statistics regarding small business participation in the agencys procurements and contracts.

The bill would require the Department of General Services to monitor the progress of the agencies toward meeting the goal and to provide this information to the Office of Small Business Advocate. The bill also would require a state agency, department, board, or commission that has not achieved the goal by the close of the fiscal year to submit a corrective action plan to the department within 45 days. The bill would require the department, in collaboration with the Office of Small Business Advocate, to undertake reasonable means to assist agencies in improving small business participation in their contracting. 

The bill would require all state agencies, departments, boards, and commissions to use a contracting procedure established in the act for specified contracts with small businesses whenever possible. The bill also would require the Office of Small Business Advocate to collaborate with the department to cooperatively enhance the states small business program by helping small businesses access capital and other financial resources necessary to successfully fulfill state contracts. 

The bill would apply to all state public entities that receive state public funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this bill, the University of California, the California State University, and the California Community Colleges would only be required to meet the 25% goal for state funding used in contracting. 

The Planning and Zoning Law requires a city or county general plan to include specified mandatory elements, including a housing element that identifies and analyzes existing and projected housing needs and includes a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. That law also requires the Department of Housing and Community Development, for cities and counties without a council of governments, to determine and distribute the existing and projected housing need, in accordance with specified requirements.



This bill would make nonsubstantive changes to that provision relating to housing for cities and counties without a council of governments.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 14838.8 is added to the Government Code, to read:14838.8. (a) In order to encourage small business participation in state contracts, all state agencies, departments, boards, and commissions shall establish and achieve an annual goal of 25-percent small business participation in state procurements and contracts. (b) Notwithstanding any other provision of this chapter, the heads of all state agencies, departments, boards, and commissions shall ensure that the states procurement and contract processes are administered in order to meet or exceed the 25-percent small business participation goal, and shall report to the director statistics regarding small business annual participation in his or her agencys procurements and contracts. (c) The Department of General Services shall monitor the progress of all state agencies, departments, boards, and commissions toward meeting the 25-percent small business participation goal. The department shall regularly share information with the Office of Small Business Advocate on the progress of each individual agency, department, board, and commission in meeting the annual goal, including, but not limited to, providing copies of corrective action plans. (d) (1) A state agency, department, board, or commission that has not achieved the 25-percent small business participation goal by the close of the fiscal year shall submit a corrective action plan to the Department of General Services within 45 days.(2) The Department of General Services, in collaboration with the Office of Small Business Advocate, shall undertake reasonable means to assist agencies in improving small business participation in their contracting, including entering into memoranda of understanding with the agencies that have not met the goal to improve their performance. (e) All state agencies, departments, boards, and commissions shall use the contracting procedure authorized in Section 14838.5 to contract with small businesses for goods and services contracts under one hundred thousand dollars ($100,000) and construction contracts under one hundred twenty thousand dollars ($120,000) whenever possible. (f) The Department of General Services shall actively promote small business certification, help small businesses market their products, goods, and services to the state, and promote the use of technologies and other innovative solutions for notifying small businesses of state contracting opportunities, including, but not limited to, the Subscription Outreach Service of the California State Contracts Register.(g) The Department of General Services shall collaborate with the Office of Small Business Advocate in the offices work to assist small businesses to access capital and other financial resources necessary to successfully fulfill state contracts. (h) This section applies to all state agencies, departments, boards, commissions, and other state public entities that receive state funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this section, the University of California, the California State University, and the California Community Colleges shall only be required to meet the 25-percent goal for state funding used in contracting. SECTION 1.Section 65584.06 of the Government Code is amended to read:65584.06.(a)For cities and counties without a council of governments, the department shall determine and distribute the existing and projected housing need, in accordance with Section 65584 and this section. If the department determines that a county or counties, supported by a resolution adopted by the board or boards of supervisors, and a majority of cities within the county or counties representing a majority of the population of the county or counties, possess the capability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the distribution of the regional housing need, the department shall delegate this responsibility to the cities and county or counties.(b)The distribution of regional housing need shall, based on available data and in consultation with the cities and counties, take into consideration market demand for housing, the distribution of household growth within the county assumed in the regional transportation plan where applicable, employment opportunities and commuting patterns, availability of suitable sites and public facilities, agreements between a county and cities in a county to direct growth toward incorporated areas of the county, or other considerations as may be requested by the affected cities or counties and agreed to by the department. As part of the allocation of the regional housing need, the department shall provide each city and county with data describing the assumptions and methodology used in calculating its share of the regional housing need. Consideration of suitable housing sites or land suitable for urban development is not limited to existing zoning ordinances and land use restrictions of a locality, but shall include consideration of the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.(c)Within 90 days following the departments determination of a draft distribution of the regional housing need to the cities and the county, a city or county may propose to revise the determination of its share of the regional housing need in accordance with criteria set forth in the draft distribution. The proposed revised share shall be based upon comparable data available for all affected jurisdictions, and accepted planning methodology, and shall be supported by adequate documentation.(d)(1)Within 60 days after the end of the 90-day time period for the revision by the cities or county, the department shall accept the proposed revision, modify its earlier determination, or indicate why the proposed revision is inconsistent with the regional housing need.(2)If the department does not accept the proposed revision, then, within 30 days, the city or county may request a public hearing to review the determination.(3)The city or county shall be notified within 30 days by certified mail, return receipt requested, of at least one public hearing regarding the determination.(4)The date of the hearing shall be at least 10 but not more than 15 days from the date of the notification.(5)Before making its final determination, the department shall consider all comments received and shall include a written response to each request for revision received from a city or county.(e)If the department accepts the proposed revision or modifies its earlier determination, the city or county shall use that share. If the department grants a revised allocation pursuant to subdivision (d), the department shall ensure that the total regional housing need is maintained. The departments final determination shall be in writing and shall include information explaining how its action is consistent with this section. If the department indicates that the proposed revision is inconsistent with the regional housing need, the city or county shall use the share that was originally determined by the department. The department, within its final determination, may adjust the allocation of a city or county that was not the subject of a request for revision of the draft distribution.(f)The department shall issue a final regional housing need allocation for all cities and counties within 45 days of the completion of the local review period.

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

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

SECTION 1. Section 14838.8 is added to the Government Code, to read:14838.8. (a) In order to encourage small business participation in state contracts, all state agencies, departments, boards, and commissions shall establish and achieve an annual goal of 25-percent small business participation in state procurements and contracts. (b) Notwithstanding any other provision of this chapter, the heads of all state agencies, departments, boards, and commissions shall ensure that the states procurement and contract processes are administered in order to meet or exceed the 25-percent small business participation goal, and shall report to the director statistics regarding small business annual participation in his or her agencys procurements and contracts. (c) The Department of General Services shall monitor the progress of all state agencies, departments, boards, and commissions toward meeting the 25-percent small business participation goal. The department shall regularly share information with the Office of Small Business Advocate on the progress of each individual agency, department, board, and commission in meeting the annual goal, including, but not limited to, providing copies of corrective action plans. (d) (1) A state agency, department, board, or commission that has not achieved the 25-percent small business participation goal by the close of the fiscal year shall submit a corrective action plan to the Department of General Services within 45 days.(2) The Department of General Services, in collaboration with the Office of Small Business Advocate, shall undertake reasonable means to assist agencies in improving small business participation in their contracting, including entering into memoranda of understanding with the agencies that have not met the goal to improve their performance. (e) All state agencies, departments, boards, and commissions shall use the contracting procedure authorized in Section 14838.5 to contract with small businesses for goods and services contracts under one hundred thousand dollars ($100,000) and construction contracts under one hundred twenty thousand dollars ($120,000) whenever possible. (f) The Department of General Services shall actively promote small business certification, help small businesses market their products, goods, and services to the state, and promote the use of technologies and other innovative solutions for notifying small businesses of state contracting opportunities, including, but not limited to, the Subscription Outreach Service of the California State Contracts Register.(g) The Department of General Services shall collaborate with the Office of Small Business Advocate in the offices work to assist small businesses to access capital and other financial resources necessary to successfully fulfill state contracts. (h) This section applies to all state agencies, departments, boards, commissions, and other state public entities that receive state funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this section, the University of California, the California State University, and the California Community Colleges shall only be required to meet the 25-percent goal for state funding used in contracting. 

SECTION 1. Section 14838.8 is added to the Government Code, to read:

### SECTION 1.

14838.8. (a) In order to encourage small business participation in state contracts, all state agencies, departments, boards, and commissions shall establish and achieve an annual goal of 25-percent small business participation in state procurements and contracts. (b) Notwithstanding any other provision of this chapter, the heads of all state agencies, departments, boards, and commissions shall ensure that the states procurement and contract processes are administered in order to meet or exceed the 25-percent small business participation goal, and shall report to the director statistics regarding small business annual participation in his or her agencys procurements and contracts. (c) The Department of General Services shall monitor the progress of all state agencies, departments, boards, and commissions toward meeting the 25-percent small business participation goal. The department shall regularly share information with the Office of Small Business Advocate on the progress of each individual agency, department, board, and commission in meeting the annual goal, including, but not limited to, providing copies of corrective action plans. (d) (1) A state agency, department, board, or commission that has not achieved the 25-percent small business participation goal by the close of the fiscal year shall submit a corrective action plan to the Department of General Services within 45 days.(2) The Department of General Services, in collaboration with the Office of Small Business Advocate, shall undertake reasonable means to assist agencies in improving small business participation in their contracting, including entering into memoranda of understanding with the agencies that have not met the goal to improve their performance. (e) All state agencies, departments, boards, and commissions shall use the contracting procedure authorized in Section 14838.5 to contract with small businesses for goods and services contracts under one hundred thousand dollars ($100,000) and construction contracts under one hundred twenty thousand dollars ($120,000) whenever possible. (f) The Department of General Services shall actively promote small business certification, help small businesses market their products, goods, and services to the state, and promote the use of technologies and other innovative solutions for notifying small businesses of state contracting opportunities, including, but not limited to, the Subscription Outreach Service of the California State Contracts Register.(g) The Department of General Services shall collaborate with the Office of Small Business Advocate in the offices work to assist small businesses to access capital and other financial resources necessary to successfully fulfill state contracts. (h) This section applies to all state agencies, departments, boards, commissions, and other state public entities that receive state funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this section, the University of California, the California State University, and the California Community Colleges shall only be required to meet the 25-percent goal for state funding used in contracting. 

14838.8. (a) In order to encourage small business participation in state contracts, all state agencies, departments, boards, and commissions shall establish and achieve an annual goal of 25-percent small business participation in state procurements and contracts. (b) Notwithstanding any other provision of this chapter, the heads of all state agencies, departments, boards, and commissions shall ensure that the states procurement and contract processes are administered in order to meet or exceed the 25-percent small business participation goal, and shall report to the director statistics regarding small business annual participation in his or her agencys procurements and contracts. (c) The Department of General Services shall monitor the progress of all state agencies, departments, boards, and commissions toward meeting the 25-percent small business participation goal. The department shall regularly share information with the Office of Small Business Advocate on the progress of each individual agency, department, board, and commission in meeting the annual goal, including, but not limited to, providing copies of corrective action plans. (d) (1) A state agency, department, board, or commission that has not achieved the 25-percent small business participation goal by the close of the fiscal year shall submit a corrective action plan to the Department of General Services within 45 days.(2) The Department of General Services, in collaboration with the Office of Small Business Advocate, shall undertake reasonable means to assist agencies in improving small business participation in their contracting, including entering into memoranda of understanding with the agencies that have not met the goal to improve their performance. (e) All state agencies, departments, boards, and commissions shall use the contracting procedure authorized in Section 14838.5 to contract with small businesses for goods and services contracts under one hundred thousand dollars ($100,000) and construction contracts under one hundred twenty thousand dollars ($120,000) whenever possible. (f) The Department of General Services shall actively promote small business certification, help small businesses market their products, goods, and services to the state, and promote the use of technologies and other innovative solutions for notifying small businesses of state contracting opportunities, including, but not limited to, the Subscription Outreach Service of the California State Contracts Register.(g) The Department of General Services shall collaborate with the Office of Small Business Advocate in the offices work to assist small businesses to access capital and other financial resources necessary to successfully fulfill state contracts. (h) This section applies to all state agencies, departments, boards, commissions, and other state public entities that receive state funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this section, the University of California, the California State University, and the California Community Colleges shall only be required to meet the 25-percent goal for state funding used in contracting. 

14838.8. (a) In order to encourage small business participation in state contracts, all state agencies, departments, boards, and commissions shall establish and achieve an annual goal of 25-percent small business participation in state procurements and contracts. (b) Notwithstanding any other provision of this chapter, the heads of all state agencies, departments, boards, and commissions shall ensure that the states procurement and contract processes are administered in order to meet or exceed the 25-percent small business participation goal, and shall report to the director statistics regarding small business annual participation in his or her agencys procurements and contracts. (c) The Department of General Services shall monitor the progress of all state agencies, departments, boards, and commissions toward meeting the 25-percent small business participation goal. The department shall regularly share information with the Office of Small Business Advocate on the progress of each individual agency, department, board, and commission in meeting the annual goal, including, but not limited to, providing copies of corrective action plans. (d) (1) A state agency, department, board, or commission that has not achieved the 25-percent small business participation goal by the close of the fiscal year shall submit a corrective action plan to the Department of General Services within 45 days.(2) The Department of General Services, in collaboration with the Office of Small Business Advocate, shall undertake reasonable means to assist agencies in improving small business participation in their contracting, including entering into memoranda of understanding with the agencies that have not met the goal to improve their performance. (e) All state agencies, departments, boards, and commissions shall use the contracting procedure authorized in Section 14838.5 to contract with small businesses for goods and services contracts under one hundred thousand dollars ($100,000) and construction contracts under one hundred twenty thousand dollars ($120,000) whenever possible. (f) The Department of General Services shall actively promote small business certification, help small businesses market their products, goods, and services to the state, and promote the use of technologies and other innovative solutions for notifying small businesses of state contracting opportunities, including, but not limited to, the Subscription Outreach Service of the California State Contracts Register.(g) The Department of General Services shall collaborate with the Office of Small Business Advocate in the offices work to assist small businesses to access capital and other financial resources necessary to successfully fulfill state contracts. (h) This section applies to all state agencies, departments, boards, commissions, and other state public entities that receive state funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this section, the University of California, the California State University, and the California Community Colleges shall only be required to meet the 25-percent goal for state funding used in contracting. 



14838.8. (a) In order to encourage small business participation in state contracts, all state agencies, departments, boards, and commissions shall establish and achieve an annual goal of 25-percent small business participation in state procurements and contracts. 

(b) Notwithstanding any other provision of this chapter, the heads of all state agencies, departments, boards, and commissions shall ensure that the states procurement and contract processes are administered in order to meet or exceed the 25-percent small business participation goal, and shall report to the director statistics regarding small business annual participation in his or her agencys procurements and contracts. 

(c) The Department of General Services shall monitor the progress of all state agencies, departments, boards, and commissions toward meeting the 25-percent small business participation goal. The department shall regularly share information with the Office of Small Business Advocate on the progress of each individual agency, department, board, and commission in meeting the annual goal, including, but not limited to, providing copies of corrective action plans. 

(d) (1) A state agency, department, board, or commission that has not achieved the 25-percent small business participation goal by the close of the fiscal year shall submit a corrective action plan to the Department of General Services within 45 days.

(2) The Department of General Services, in collaboration with the Office of Small Business Advocate, shall undertake reasonable means to assist agencies in improving small business participation in their contracting, including entering into memoranda of understanding with the agencies that have not met the goal to improve their performance. 

(e) All state agencies, departments, boards, and commissions shall use the contracting procedure authorized in Section 14838.5 to contract with small businesses for goods and services contracts under one hundred thousand dollars ($100,000) and construction contracts under one hundred twenty thousand dollars ($120,000) whenever possible. 

(f) The Department of General Services shall actively promote small business certification, help small businesses market their products, goods, and services to the state, and promote the use of technologies and other innovative solutions for notifying small businesses of state contracting opportunities, including, but not limited to, the Subscription Outreach Service of the California State Contracts Register.

(g) The Department of General Services shall collaborate with the Office of Small Business Advocate in the offices work to assist small businesses to access capital and other financial resources necessary to successfully fulfill state contracts. 

(h) This section applies to all state agencies, departments, boards, commissions, and other state public entities that receive state funding, including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this section, the University of California, the California State University, and the California Community Colleges shall only be required to meet the 25-percent goal for state funding used in contracting. 





(a)For cities and counties without a council of governments, the department shall determine and distribute the existing and projected housing need, in accordance with Section 65584 and this section. If the department determines that a county or counties, supported by a resolution adopted by the board or boards of supervisors, and a majority of cities within the county or counties representing a majority of the population of the county or counties, possess the capability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the distribution of the regional housing need, the department shall delegate this responsibility to the cities and county or counties.



(b)The distribution of regional housing need shall, based on available data and in consultation with the cities and counties, take into consideration market demand for housing, the distribution of household growth within the county assumed in the regional transportation plan where applicable, employment opportunities and commuting patterns, availability of suitable sites and public facilities, agreements between a county and cities in a county to direct growth toward incorporated areas of the county, or other considerations as may be requested by the affected cities or counties and agreed to by the department. As part of the allocation of the regional housing need, the department shall provide each city and county with data describing the assumptions and methodology used in calculating its share of the regional housing need. Consideration of suitable housing sites or land suitable for urban development is not limited to existing zoning ordinances and land use restrictions of a locality, but shall include consideration of the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.



(c)Within 90 days following the departments determination of a draft distribution of the regional housing need to the cities and the county, a city or county may propose to revise the determination of its share of the regional housing need in accordance with criteria set forth in the draft distribution. The proposed revised share shall be based upon comparable data available for all affected jurisdictions, and accepted planning methodology, and shall be supported by adequate documentation.



(d)(1)Within 60 days after the end of the 90-day time period for the revision by the cities or county, the department shall accept the proposed revision, modify its earlier determination, or indicate why the proposed revision is inconsistent with the regional housing need.



(2)If the department does not accept the proposed revision, then, within 30 days, the city or county may request a public hearing to review the determination.



(3)The city or county shall be notified within 30 days by certified mail, return receipt requested, of at least one public hearing regarding the determination.



(4)The date of the hearing shall be at least 10 but not more than 15 days from the date of the notification.



(5)Before making its final determination, the department shall consider all comments received and shall include a written response to each request for revision received from a city or county.



(e)If the department accepts the proposed revision or modifies its earlier determination, the city or county shall use that share. If the department grants a revised allocation pursuant to subdivision (d), the department shall ensure that the total regional housing need is maintained. The departments final determination shall be in writing and shall include information explaining how its action is consistent with this section. If the department indicates that the proposed revision is inconsistent with the regional housing need, the city or county shall use the share that was originally determined by the department. The department, within its final determination, may adjust the allocation of a city or county that was not the subject of a request for revision of the draft distribution.



(f)The department shall issue a final regional housing need allocation for all cities and counties within 45 days of the completion of the local review period.