The Green Collar Community

Advancing green jobs and resilient communities through cooperative enterprise.


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An Alternative to the Growth Economy

On my first day as a student in the Green Collar Communities Clinic (GC3) at EBCLC, my supervising attorney Sushil Jacob challenged me and the other clinic participants to define capitalism. I struggled to come up with a definition that covered my mixed emotions about the word. I saw capitalism as an unsustainable economic system that perpetuated environmental degradation and widened economic inequalities. But another voice in me said perhaps capitalism done right could be a tool to lift people out of poverty: after all, at GC3 we work with low-income entrepreneurs starting sustainable local businesses.

From the discussion that ensued I came to realize that what I really take issue with is this particular form of capitalism: an economic system based on relentless growth.

Growth itself is value-neutral: it creates both costs and benefits. Expansionist corporate growth has led to the shuttering of small, local businesses in our communities and around the world, as the mega-chains and retail giants find new markets to peddle their cheap goods. But when a filmmaker friend of mine interviewed local shopkeepers in southern Mexico who were struggling after a Wal-Mart came to town, she was surprised to learn that they actually shopped at the Wal-Mart themselves. They had access to a greater variety of products that were much cheaper than their fellow local artisans could afford to produce. This means that, despite the costs to the local economy, we can’t necessarily label the effect of Wal-Mart and other corporate chains as absolutely negative.

So while it’s debated whether economic growth is inherently neutral, it is extremely problematic for one simple reason: unending growth is not sustainable in a system of finite resources. The drive for constant economic growth, without valuing natural resources, creates a constant pressure on the environment. From climate change to increasing concentrations of toxic pollution, the ecological consequences of unyielding global economic growth are readily apparent. According to data from the Global Footprint Network, the world’s footprint exceeded the biological capacity of the planet in the mid- to late 1980s. In other words, for virtually my entire lifetime we have been living in a way that is beyond what the earth is capable of supporting.

So it is not really surprising that there is a growing movement in economics, under the banner of “ecological” or “steady-state” economics, which reminds us of an age-old adage: we must live within our means. The basic theory behind “steady-state economics” is that our economy can only be truly sustainable in the long-run if we consume at stable and sustainable levels (i.e., if we live within our means). A steady-state economy is dynamic – it changes and develops over time, but it remains balanced with the natural environment. Sounds great, right? But how do we get there?

To realign our economic activity with what the natural environment can support, we actually have to de-grow certain aspects of our economy and focus growth in other aspects. We need to produce (and consume) less of what is resource-intensive, and produce (and consume) more of what is resource-friendly. What would this look like? According to a recent conversation with my old economics professor, we should consume more poetry and symphonies, and produce fewer airplanes and iPads (and alleviate the resource-intensive processes they require). Tim Jackson, a professor of sustainable development and author of “Prosperity Without Growth: Economics for a Finite Planet,” explained recently in the New York Times that being “less productive” can actually lead to a greater sense of wellbeing and fulfillment. By placing greater value on activities that require more human care (and less environmental damage), like education, social work, medicine, and the craft and cultural sectors, we can keep people employed and “de-grow” our natural resource consuming economy to reach sustainable levels.

At the heart of this is finding a new way to measure economic wellbeing. The traditional measurement of Gross Domestic Product (GDP) is too narrow and focuses too much on material wealth, measuring only the production and consumption of goods and services of a given country. GDP does not encompass non-economic indicators of societal wellbeing, like the value of a long and healthy life or personal satisfaction. In Bhutan, a small country in the Himalayas where I had the privilege of teaching before coming to law school, they measure the wellbeing of their people in terms of Gross National Happiness. The concept approaches economic development from a holistic perspective, giving equal weight to non-economic aspects of wellbeing, like psychological wellbeing, cultural diversity, good governance, community vitality, and ecological diversity and resilience. In his recent EBCLC blog post, Bren Darrow envisions measuring our economy in “Gross Domestic Chances,” where success would mean a ripple effect giving people the opportunity to turn things around. These and other creative ways to measure success and wellbeing are important to counter our tendency to see all things through the narrow lens of GDP and economic growth.

Finally, to achieve a steady-state economy, where both people and the planet prosper, we also have to reshape our ways of doing business. This is where GC3 comes in: we support low-income entrepreneurs starting worker-owned cooperatives that value the health and vitality of their people and their environment. We work with social businesses that aim to create a more just and equitable society and exist harmoniously with their community and the environment. This is the Next Economy that Sushil described recently: where there is emphasis on both economic and environmental sustainability. In important ways, GC3 and our partner organizations like the Sustainable Economies Law Center are replacing the dominant form of growth-oriented, resource-intensive capitalism, and I’m incredibly excited to be a part of it.

Jen Barnette is a second year law student at Berkeley Law and a law clerk in the Green-Collar Communities Clinic of the East Bay Community Law Center.


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Crowdfunding: The Democratization of Capital or an Unfinished Journey?

There is a lot of excitement, intrigue and confusion swirling around the issue of crowdfunding, which uses the power of social media to raise capital. Some call it the democratization of capital, others see a messy and inefficient regulatory system that may well prevent its success. While some enthusiastically watch as websites like Kickstarter and Indiegogo raise thousands, and sometimes millions, of dollars through the crowd, others fear that easier access to investors via the Internet will encourage the posting of fraudulent projects that could trick unsavvy investors, who may lack disposable income, out of their money. For better or worse, most agree with the claim that investing or donating through the Internet is fundamentally changing the landscape of start-up finance. What is apparent for the community economic justice movement, and the Green-Collar Communities Clinic’s (GC3) work, is that crowdfunding has the potential to create resilient, local economies by allowing small businesses and entrepreneurs to raise capital from neighbors who choose to invest in their local businesses.

The current crowdfunding websites, such as Kickstarter and Indiegogo, have already demonstrated the power of people to advertise their ideas online and garner significant support from the community to fund their endeavors. This new form of advertising has the potential to transform not only donation-based fundraising, but also local investing and small business financing. But a host of issues often go unrecognized or at least not addressed by both attorneys and non-attorneys alike:  the legal framework underpinning these online portals; why currently they can only offer donation-based opportunities where investors are not offered a financial return; why average-income people are not able to choose where to directly invest their money, thus left to placing their money in retirement or pooled money market accounts that typically avoid investing in local businesses; and why small businesses face difficult barriers to traditional financing in the first place. Without providing an exhaustive history of securities law the answers to these issues find their roots in the U.S. Securities and Exchange Commission (SEC)’s mission to “protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation.” The SEC is charged with both protecting investors and the market, while also creating avenues for raising capital and managing financial markets.  On balance, the agency has interpreted its mission as favoring big business over small, and, in the name of investor protection, excluding (or at minimum strongly discouraging) low-income investors.

For example, if you wanted to open a small grocery store in a low-income neighborhood to provide a healthier alternative (or in some cases the only alternative) to fast food franchises and corner stores and you needed more financing, the current regulatory system would likely prevent you from approaching your neighbor to invest if she is not already an accredited investor. An accredited investor must have annual income in excess of $250,000 or $1 million net worth (excluding your home). Translated, these requirements mean that only 3% of the population is qualified to invest directly in their local store! Walking into a bank hoping to convince a banker to provide a loan would also be very difficult, as banks do not often lend to just a merely good idea, with no history of success, even more so if the store is to be located in a traditionally low-income neighborhood. Your two remaining options would be to either convince a wealthy investor to help finance the business or to raise donations on a website like Indiegogo, both of which take a lot of luck.

In the Jumpstart Our Business Startups (JOBS) Act, Congress tried to remedy these constraints imposed by the regulatory system by directing the SEC to draft a crowdfunding exemption to allow funding portals, including Internet websites, to offer investments to the public. In an ideal setting, an exemption from securities law would allow lower- and middle-income individuals to pool their capital through equity, debt, or other financing mechanisms and fund start-up businesses that will positively impact their communities. By utilizing an online funding portal such as Kickstarter, rather than merely providing philanthropy, these community members could receive a return on their investment, have control over where their money flows and generate capital in their community. In short, if your neighbors wanted to invest in your grocery store, they could.

Through this lens, crowdfunding does offer the potential to democratize capital and open small investment opportunities. However, most academics and scholars agree that the exemption is so focused on investor and market protection that it will not be able to achieve this goal. The JOBS Act was micro-legislated, meaning that Congress included specific provisions that the SEC must implement, such as: individuals with an annual income or net worth less than $100,000 can only invest up to $2000 or 5% of their annual income or net worth; those with annual income or net worth over $100,000 may not invest in excess of 10% of their annual income or net worth, not to exceed a maximum aggregate investment of $100,000; the requirement that businesses targeting offerings of more than $500,000 require audited financial statements; and, that the funding portals be highly regulated and approved by the SEC. Many agree that this level of investor protection would make it cost prohibitive for small businesses and the portals to comply. However, until the regulations are announced, we cannot gauge their actual effect.

In the meantime there is an already-existing, perhaps even more effective, method to raise small capital investments for your grocery store idea. A direct public offering (DPO) is a state-based offering that is exempt from compliance with federal securities law because the offering takes place solely within one state. A DPO allows start-ups to sell securities directly to the public without the use of an intermediary, which would otherwise help deter fraud and protect investors. California calls a DPO “qualification by permit” and, once approved, the startup can publicly advertise the investment opportunity through a variety of channels including the Internet and newspapers. While the offering is limited to in-state investors, some people argue that the DPO has fewer restrictions overall and may be a more effective capital-raising mechanism than the anticipated crowdfunding exemption.

A DPO may allow you to realize your grocery store dream through raising small investments from the community and leverage the buying power of the residents of your state. In fact, People’s Community Market (PCM) is doing just that, raising over $325,000 to date. PCM seeks to open West Oakland’s first full service grocery store in over a decade. West Oakland is a predominantly African American and Latino community with an overabundance of liquor stores and mini-marts, but no comprehensive fresh food market. The neighborhood’s 25,0000 residents must travel over a mile to reach the nearest Pak n’ Save or Safeway discount market. PCM’s mission is to bring fresh foods and groceries as well as a “health resource center and community hub . . . that supports local families to attain healthier and more socially connected lives.” By offering investments through a DPO, PCM is allowing the neighborhood to choose where their money goes, help build a much-needed grocery market in the community, and become founding investors in the store.

Some people may question whether a public interest law practice such as GC3 should include providing assistance to businesses that seek to raise start-up capital from their community. This sentiment seems rooted in the fact that much of the legal profession’s pro bono services focus on litigation, where the need for assistance is often more obvious and direct, and the results are more easily observed. Certainly some may legitimately question whether raising $300,000 or even $1 million is genuinely a public interest activity. Yet, the power of local business development to allow one’s capital to remain in the community, where community-based entrepreneurs have the power to launch a business, create stable employment and even provide ownership opportunities, is vital for the creation of thriving, productive, and healthy communities. Thus, the power and promise of crowdfunding can be harnessed and directed to serve the mission of community-based economic justice practices such as GC3.

Caroline Lee

Law Clerk, Green Collar Communities Clinic


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Think Outside the Boss Workshop, this Saturday in Berkeley!

Join GC3 and SELC as we present the third installment of Think Outside the Boss: How to Create a Worker-owned Business, at St. Paul’s AME Church in Berkeley, this Saturday, March 23rd from 10:30 am to 3:30pm.

What is a worker owned business? How do you start one?

If you are interested in creating worker-owned businesses in your community or if you are a non-profit organization hoping to incubate worker-owned businesses, come to Think Outside the Boss Workshop on Saturday, March 23rd, from 10:30 AM -3:30 PM at St. Paul’s African Methodist Episcopal Church (2024 Ashby Avenue, Berkeley, CA 94703).

Register for the workshop here: http://www.eventbrite.com/event/5588742078#

Sponsored by the East Bay Community Law Center (EBCLC), the Sustainable Economies Law Center (SELC), and the Cooperative Center Federal Credit Union, this workshop will empower you to navigate the laws around starting and maintaining a worker-owned business as well as understanding the relationships between cooperative corporations, credit unions, and worker-owned business development!

Attorneys, law students, and experienced cooperative professionals will give short presentations on legal issues, governance structures, fundraising, and more! You can get resources and information on:

  • what worker-owned businesses are and the advantage of forming one,

  • how to convert a traditional business to a worker-owned business,

  • how to run your business democratically,

  • how to spread ownership and control across a group of people,

  • the tax and accounting issues in a cooperative,

  • how to raise money from your collective, your community, and even the bank,

  • laws about how to treat your workers,

  • and more!

After the presentations, there will be an opportunity to network with real worker-owners, financial institutions, and other cooperative resource providers.  And, the first 60 attendees will receive a manual on “How to Start a Worker-Owned Business!”

Food: A light breakfast will be provided before the presentation, followed by a delicious lunch!

Want to attend? Please RSVP here: http://www.eventbrite.com/event/5588742078#, or call (510) 548-4040, ext. 340.

Need legal assistance? Free follow-up legal consultation! Two follow-up legal clinics will be held after the workshop for attendees seeking to start or incubate worker-owned businesses. If you are interested, please fill out an application at the workshop.

Questions? For more information call 510.548.4040 ext. 340 or email greencollarcommunities@gmail.com

We hope to see you there!

TOTB3 Flier


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Lessons from the Italian cooperatives

Italy leads the way

Today we discuss the rich tradition of Italian cooperatives, and the role of cooperative federations in promoting cooperatives. We believe that stronger cooperative federations in the U.S. could have a positive impact on our economy and society.

However, the overarching question is: Does the United States need strong cooperative institutions and educational programs to promote the value of cooperatives, or is a societal recognition of the value of cooperatives a prerequisite to strong cooperative institutions? 

An example of where both exist is in Italy. Support for cooperatives cuts across political parties, religious traditions, and generational lines. In fact, the Italian Constitution itself explicitly recognizes the social function of cooperation and its contribution to the country. Article 45 of the Italian Constitution states, “The republic recognizes the social function of cooperation for mutual benefit free of private speculation. The Law promotes and encourages its implementation with suitable provisions and ensures its character and purposes through proper controls.” Along with societal support are strong institutions that promote and develop cooperatives.

Legacoop, for example, is a cooperative federation in Italy consisting of 14,500 cooperatives. The federation includes cooperatives that operate in a variety of industries, including construction, agriculture and manufacturing. Among other activities, Legacoop promotes cooperative values, develops cooperative businesses, and advocates for policies nationally and internationally that support cooperatives.

The following are some of the innovative practices Legacoop has developed to promote cooperatives in Italy:

  1. Legacoop is involved in the development of cooperatives in diverse sectors such as consumption, building, social services, and culture. The diversification of their cooperative portfolio is a smart strategy because it increases their chances of establishing successful business models and reaching different audiences.
  2. Legacoop provides consulting to small- and medium- sized cooperatives as they try to compete with global businesses in the global economy. “Innovacoop” focuses on innovation and international growth, and provides consulting and training services.
  3. Legacoop creates competitions to get youth interested in cooperative development. The federation works with universities to create contests and training programs to inspire the next generation of cooperative entrepreneurs. The project “Bellacoopia,” for example, is a business plan competition that assists students in creating business plans for cooperative enterprises. Similar to business plan competitions in the U.S., the winning ideas are selected based on the economic sustainability of the idea and its originality. This model of promoting the values of cooperation, mutuality, and solidarity through a competition, though not intuitive, could still prove to be successful in reaching young people.

So where should we begin here in the U.S.?

Legacoop is successful in part because it is building off of a strong foundation of Italian cooperatives. While there are a lot of cooperatives in the United States, our geographic expanse may make collaboration more difficult. However, here in the Bay Area we are blessed with the country’s largest concentration of worker cooperatives. So, perhaps the Bay Area is where we begin.

First, we should emphasize building interest among the next generation of social entrepreneurs. With young college graduates struggling to find work, cooperative training programs could spur entrepreneurs to pool their risks and start companies that are focused on the values of this generation- sustainability, community building, and fairness.  Examples could be certificate programs at local community colleges, business plan contests for cooperative entrepreneurs, or screening educational films at schools and colleges. Similar to Legacoop, we could conduct tours of existing cooperatives and educate youth on the values of co-operation, packaged as part of cooperative classes or training programs.

In conjunction with building interest, educating people on the benefits of the cooperative model is important. In Italy, people see the value of the cooperative model in providing social services, for example, to vulnerable populations. These “social cooperatives” can provide health care or educational services, or they can be “training cooperatives” that employ disadvantaged populations. Members can be providers, beneficiaries, volunteers, or public institutions, and this ensures multi-stakeholder input into the provision of services. One analysis of Italian social cooperatives explained that these cooperatives experience success in providing social services to the vulnerable since workers in a democratic, horizontal structure tend to be more motivated and invested in their work since they have an ownership stake in it. In addition, the analysis noted that these cooperatives, due to their preference for solidarity, may be more likely to establish networks of trust with other similar actors in the region.

What seems clear is that in these challenging economic times, people and institutions are increasingly willing to discard outdated and ineffective models of economic development and are embracing radically new visions of economic prosperity. If we can demonstrate how cooperative enterprises provide opportunities for ownership and management to all, but especially to low-income individuals and communities of color, then people will gravitate towards them. Due to the success of worker-cooperatives in the Bay Area and increased education, we’re already seeing the uptick in interest in the cooperative model among our workshop participants and clinic clients. For example, we had over 70 people attend our Think Outside the Boss workshop on how to create a worker cooperative this past Saturday, Nov. 17th! Out of those attendees, 15 people came forward with requests for legal assistance for their cooperative business ideas.

The example of Legacoop offers a practical path forward in the United States. It highlights the importance and necessity of a multi-faceted approach that combines promoting cooperative values, youth interest and support services to emerging worker-cooperatives.  This, along with demonstrating success, is a resonating lesson of the Italian cooperative experience.

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