Cal. Gov. Code § 12100.93

Current through the 2024 Legislative Session.
Section 12100.93 - [Effective until 6/30/2024] Outreach and marketing plan to identify and engage eligible microbusiness that face systemic barriers
(a) Subject to appropriation by the Legislature, a grantmaking entity that receives an allocation shall administer a county program that includes all of the following:
(1) The development and implementation of an outreach and marketing plan to identify and engage eligible microbusiness that face systemic barriers to accessing capital, including, but not limited to, businesses owned by women, minorities, veterans, individuals without documentation, individuals with limited English proficiency, and business owners located in low-wealth and rural communities. The office shall review the plan and may make recommendations for additional measures or modifications to the plan.
(2) Individual grant awards to qualified microbusinesses shall be two thousand five hundred dollars ($2,500).
(3) The grantmaking entity shall accept applications for a period of at least four weeks.
(4) The grantmaking entity shall prioritize outreach efforts to qualified microbusinesses which meet one or both of the following criteria:
(A) The owner of the microbusiness is a member of a group that has faced historic barriers in accessing capital, and is defined as business majority owned and operated on a daily basis by women, minorities or persons of color, veterans, undocumented individuals, and individuals living in low-wealth or rural areas on low incomes.
(B) The microbusiness has suffered economic impacts or revenue losses due to the COVID-19 pandemic, as determined by the fiscal agent.
(5) A grantmaking entity may, in addition to the priorities in paragraph (4), prioritize applications from qualified microbusinesses that are sidewalk vendors.
(6) The grantmaking entity shall request, but shall not mandate, each microbusiness applying for a grant to self-identify the race, gender, and ethnicity of its owner.
(7) The grantmaking entity shall require a microbusiness owner who is a recipient of a grant pursuant to this article to self-certify that grant funds will be used for one or more of the following eligible uses:
(A) The purchase of new certified equipment including, but not limited to, a cart.
(B) Investment in working capital.
(C) Application for, or renewal of, a local permit including, but not limited to, a permit to operate as a sidewalk vendor.
(D) Payment of business debt accrued due to the COVID-19 pandemic.
(E) Costs resulting from the COVID-19 pandemic and related health and safety restrictions, or business interruptions or closures incurred as a result of the COVID-19 pandemic, as defined in subdivision (l) of Section 12100.83.
(b) For purposes of implementing the program, a person or entity shall not seek information that is unnecessary to determine eligibility, including whether the individual is an undocumented immigrant. Information, including documents, collected from a microbusiness applying to or participating in the program shall not constitute a record subject to disclosure under Division 10 (commencing with Section 7920.000) of Title 1.
(c) The fiscal agent and grantmaking entity shall separately track and report funding used for the administration and marketing of the county program pursuant to subdivision (d) of Section 12100.92.
(d) The grantmaking entity shall provide the office with aggregate-level data necessary to meet the reporting requirements of this article, as the requirements relate to the county designated in the grantmaking agreement.
(e) The fiscal agent and grantmaking entity shall provide the office, at minimum, two narrative reports during and after the awards process.
(f) The office shall provide a periodic update on the use of the funds awarded pursuant to Section 12100.92, in accordance with the following:
(1) The first report shall be made within 15 days of the funds being awarded and shall identify the fiscal agents who were awarded funding, how much each fiscal agent received, key outreach activities committed to in each grantmaking agreement, and the county served.
(2) The second report shall be made within 120 days of the funds being awarded. The office shall report every 60 days following the second report until all funds allocated to each county have been awarded.
(3) The office shall post each report on its internet website and provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.
(4) The second and subsequent reports shall identify by county, the number of applications received, the number of grant awards made, the outreach and technical assistance provided, and other information determined by the office as appropriate and necessary. The second and subsequent reports shall, to the extent that the information is available, include the number of applications, grant awards, and the dollar amounts awarded for each county in each of the following categories:
(A) Race and ethnicity.
(B) Women owned.
(C) Veteran owned.
(D) Located in a rural area.
(E) County.
(g) It is the intent of the Legislature to allow persons who are undocumented to receive grants pursuant to this article. The Legislature finds and declares that this article is a state law that provides payments or assistance for persons who are undocumented within the meaning of Section 1621(d) of Title 8 of the United States Code.

Ca. Gov. Code § 12100.93

Amended by Stats 2022 ch 28 (SB 1380),s 65, eff. 1/1/2023.
Amended by Stats 2021 ch 256 (AB 176),s 10, eff. 9/23/2021.
Added by Stats 2021 ch 74 (SB 151),s 18, eff. 7/12/2021.
See Stats 2021 ch 74 (SB 151), s 23.