BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 699
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          Date of Hearing:   April 21, 2009

          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT AND THE ECONOMY
                               V. Manuel Perez, Chair
           AB 699 (Portantino and V. Manuel Perez) - As Introduced:   
          February 26, 2009
           
          SUBJECT  :   California Economic Recovery Strategy

           SUMMARY  :   Updates the requirements for the development of a  
          State Economic Development Strategy (ED Strategy) and requires  
          it be submitted to the Legislature by May 1, 2010.   
          Specifically,  this bill  :  

          1)Enacts the Economic Recovery Through Sustainable Development  
            and Innovation Act.

          2)Provides legislative intent regarding the state's historic  
            position in the global economy and the importance of the state  
            in using the current economic downturn to reinvent itself and  
            support the emergence of core industries that will define the  
            state's economy of the next 50 years. 

          3)Modifies the content of the ED Strategy to reflect current  
            economic best practices and key issues, including the role of  
            innovation in the California economy and the need to attract  
            more private capital to the state's border regions and other  
            emerging domestic markets.

          4)Expands the membership of the California Economic Strategy  
            Panel (ESP) from 15 to 19 members by including the Small  
            Business Advocate and the Secretaries for the Business,  
            Transportation and Housing (BTH) Agency and the Department of  
            Food and Agriculture (CDFA).  The bill also requires that at  
            least one member of the ESP be a representative of economic  
            developers.

          5)Extends the term of the ED Strategy from every two-years to  
            every five-years.  In order to provide adequate oversight, the  
            ESP is required to submit a summary of activities to the  
            Legislature every two-years.

          6)Deletes the requirement that the ESP convene a meeting in  
            every community in the state with a population over 500,000,  
            and instead, call on the ESP to meet with key stakeholder  
            groups in preparation of the ED Strategy, as specified.







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          7)Requires that the cost of updating the ED Strategy come from  
            private donations, as specified.

          8)Includes an urgency clause.

           EXISTING LAW  :

          1)Establishes ESP, chaired by the Secretary of Labor and  
            Workforce Development (L&WD) for the purpose of developing an  
            overall state economic vision and strategy that can guide  
            public policy, including, examination of the state's economic  
            regions, industry clusters, and cross-regional economic  
            issues.  

          2)Requires the Secretary of L&WD, to lead the preparation of the  
            State ED Plan for the purpose of making recommendations on a  
            two-year economic development strategic plan.  The development  
            of the State ED Plan is primarily done through the work of the  
            ESP.

          3)Requires BTH, in consultation with ESP, to develop an  
            international trade and foreign investment strategy by  
            February 2008, for the purpose of establishing goals,  
            objectives, and recommendations necessary to implement a  
            comprehensive international trade and investment program.

          4)Requires the Governor to prepare the EGPR every four years for  
            the purpose of defining the state's 20 year growth and  
            economic development strategy with particular attention to  
            statewide land use policy.  

           FISCAL EFFECT  :   Unknown

           COMMENTS  :    

           1)Purpose of the bill  :  According to the authors, California  
            stands at a cross roads without a comprehensive plan to guide  
            our recovery efforts.  California workers and businesses are  
            currently facing some of the harshest economic conditions  
            since the Great Depression.  Unemployment in California has  
            reached 11% and is projected to rise to over 12% before the  
            current recession is over.  Some areas of the state, however,  
            are already experiencing unemployment rates of nearly 27%.   
            Almost every industry sector is experiencing a loss of jobs  
            and will likely continue to experience losses as the global  







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            economy progressively deteriorates.   In summary, credit  
            markets are frozen, unemployment is rising, and production is  
            stalled.  
           
             As Californians move forward from these difficult economic  
            times, the authors state, it is more important than ever to  
            have a unified vision that can support the state's long-term  
            growth.   Beyond theory, this vision must be sufficiently  
            grounded in reality as to break through old and ill-fitting  
            models for business development, finance, along with education  
            and workforce development.  

            In March 2009, the Assembly Committee on Jobs, Economic  
            Development and the Economy (JEDE) released an initial draft  
            of a California Economic Development Recovery Strategy  
            (Recovery Strategy), which sets forth a 24-month blueprint of  
            economic and workforce development actions to be undertaken by  
            the state.  In AB 699 the Chairman of JEDE joins with the  
            Chairman of the Committee on Higher Education to outline and  
            operationalize a renewed vision for California's economy.

           2)ESP fails to produce ED Strategy  :  Existing law requires the  
            ESP to prepare an ED Strategy every two years to help guide  
            the state's financial investments and activities related to  
            economic and workforce development.  The last ED Strategy was  
            completed in 2002.  Although the ESP has continued to meet  
            during the last seven years, no ED Strategy has been prepared.  
             Implementation of AB 699, sponsored by JEDE, updates the  
            requirements of the ED Strategy to better reflect our current  
            economic crisis and sets a specific date for its next update.   


            Without a current assessment of our economic conditions; a  
            prioritization of issues; and a coordination of federal,  
            state, and local efforts; the impact of federal stimulus  
            dollars and the creative efforts of our public and private  
            sectors to retain jobs and improve local economies could be  
            limited. 

           3)A look at California's historical economy  :  California is the  
            one of the largest and most diversified economies in the world  
            with a state gross domestic product (GDP) of over $1.8  
            trillion in 2007.  If California were an independent nation it  
            would rank as the eighth largest economy in the world.

            The state's significance in the global marketplace results  







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            from a variety of historical factors, including:  its  
            strategic west coast location that provides direct access to  
            the growing markets in Asia, Mexico and South America; its  
            economically diverse regional economies; its large, ethnically  
            diverse population, representing both a ready workforce and  
            significant consumer base; its access to a wide variety of  
            venture and other private capital; its broad base of small-  
            and medium-sized businesses; and its culture of innovation and  
            entrepreneurship, particularly in the area of high technology.

            As the largest state in the U.S., California is home to 12.1%  
            of the nation's population and 11.6% of all jobs.  Overall job  
            growth in the state from 2001 to 2006 was 6.1%.  Growth in  
            California GDP outpaced the growth rate of the nation as a  
            whole, 33.9% for California as compared to the US at 30.4%.   
            Among other economic distinctions, the state leads the nation  
            in export-related jobs, small business development, and  
            business start-ups, in general.  The chart below provides  
            additional details on California's industrial base by listing  
            the largest, fastest, most competitive, and highest-paid wages  
            by industry type.


                ------------------------------------------------------------ 
               |         Chart 1 - California Industry Comparisons          |
                ------------------------------------------------------------ 
               |--+-------------+-------------+-------------+-------------|
               |  |   Largest   |   Fastest   | Industries  | Industries  |
               |  | Industries  |   Growing   | with Higher |with Highest |
               |  |     in      | Industries  |Concentration|Average Wage |
               |  | California  |  (2001-06)  |   of Jobs   |   (2006)    |
               |  |  Based on   |             | Relative to |             |
               |  |  Revenues   |             | the Nation  |             |
               |  |   (2006)    |             |   (2006)    |             |
               |--+-------------+-------------+-------------+-------------|
               |1 |    Food     |  Wholesale  |   Support   | Securities, |
               |  | Services &  | Electronic  | Activities  |  Commodity  |
               |  |  Drinking   |  Markets,   |     for     |Contracts, & |
               |  |   Places    |  Agents, &  | Agriculture |    other    |
               |  |             |   Brokers   | & Forestry  |Investments  |
               |--+-------------+-------------+-------------+-------------|
               |2 |Professional,|   Private   |   Private   |  Oil & Gas  |
               |  |  Scientific | Households  | Households  | Extraction  |
               |  | & Technical |  (includes  |  (includes  |             |
               |  |  Services   | households  | households  |             |
               |  |             | that employ | that employ |             |







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               |  |             |people, such |people, such |             |
               |  |             |  as cooks,  |  as cooks,  |             |
               |  |             |   maids,    |   maids,    |             |
               |  |             | gardeners,  | gardeners,  |             |
               |  |             | caretakers) | caretakers) |             |
               |--+-------------+-------------+-------------+-------------|
               |3 |Administrativ|    Other    |   Motion    | Lessors of  |
               |  |  e Support  | Information |  Picture &  |Nonfinancial |
               |  |  Services   |  Services   |    Sound    | Intangible  |
               |  |             |             |  Recording  |   Assets    |
               |  |             |             | Industries  |             |
               |--+-------------+-------------+-------------+-------------|
               |4 |  Specialty  |   Funds,    |   Apparel   |  Internet   |
               |  |    Trade    |  Trusts, &  |Manufacturing|   Service   |
               |  | Contractors |    Other    |             | Providers,  |
               |  |             |  Financial  |             | Web Search  |
               |  |             |  Vehicles   |             | Portals, &  |
               |  |             |             |             |    Data     |
               |  |             |             |             | Processing  |
               |  |             |             |             |  Services   |
               |--+-------------+-------------+-------------+-------------|
               |5 | Ambulatory  |Construction |    Crop     | Petroleum & |
               |  | Health Care |of Buildings | Production  |    Coal     |
               |  |  Services   |             |             |  Products   |
               |--+-------------+-------------+-------------+-------------|
               |6 |  Hospitals  |   Credit    | Computer &  | Performing  |
               |  |             |Intermediatio| Electronic  |    Arts,    |
               |  |             | n & Related |   Product   |  Spectator  |
               |  |             | Activities  |Manufacturing|   Sports    |
               |  |             |             |             |             |
               |--+-------------+-------------+-------------+-------------|
               |7 |  Merchant   |   General   | Beverage &  | Computer &  |
               |  |Wholesalers, | Merchandise |   Tobacco   | Electronic  |
               |  |   Durable   |   Stores    |   Product   |   Product   |
               |  |    Goods    |             |Manufacturing|Manufacturing|
               |  |             |             |             |             |
               |--+-------------+-------------+-------------+-------------|
               |8 |   Food &    | Beverage &  |  Internet   |   Funds,    |
               |  |  Beverage   |   Tobacco   |Publishing & |  Trusts, &  |
               |  |   Stores    |   Product   |Broadcasting |    Other    |
               |  |             |Manufacturing|             |  Financial  |
               |  |             |             |             |  Vehicles   |
               |--+-------------+-------------+-------------+-------------|
               |9 |   Credit    |  Specialty  | Performing  |  Utilities  |
               |  |Intermediatio|    Trade    |    Arts,    |             |
               |  |    n and    | Contractors |  Spectator  |             |







                                                                 AB 699
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               |  |   Related   |             |   Sports    |             |
               |  | Activities  |             |             |             |
               |--+-------------+-------------+-------------+-------------|
               |10| Computer &  |   Motion    | Electronics |  Pipeline   |
               |  | Electronic  |  Picture &  | & Appliance |Transportatio|
               |  |   Product   |    Sound    |   Stores    |      n      |
               |  |Manufacturing|  Recording  |             |             |
               |  |             | Industries  |             |             |
                ---------------------------------------------------------- 
                ------------------------------------------------------------ 
               |    Source:  California Economic Profile, Economic Strategy |
               |Panel, August 2008                                          |
                ------------------------------------------------------------ 

           4)Drivers in California's future economy  :  For decades,  
            California has been known as a place where innovation and  
            creativity flourishes.  A 2007 study on California's global  
            competitiveness identified the eight key industry clusters,  
            which are listed below, and recommended that the state focus  
            future investments toward these industries in order to  
            maximize the use of state resources.


             Dominant industry clusters include  :  

             a)   Professional business and information services 
             b)   Diversified manufacturing 
             c)   Wholesale trade and transportation 
             d)   High-tech manufacturing 
              Emerging industry clusters include  :

             a)   Life science and services
             b)   Value-added supply chain manufacturing and logistics
             c)   Cleantech and renewable energy
             d)   Nanotechnology
              
             The study also found that, based on the state's historic  
            strengths identified above, that the state was also uniquely  
            positioned to be a preferred global partner of certain regions  
            of the world, particularly those interested in innovation,  
            science, and technology.  The study, however, also stated that  
            California was facing significant challenges from the global  
            redistribution of manufacturing and services and the growing  
            talent pools in other countries.   

            While the global recession may have slowed down growth, the  







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            newly emerging economies of China, India, and Singapore have  
            already made significant investments in research and  
            development.  Emerging economies around the world have strived  
            to become leaders in innovation and not merely "copycat"  
            economies of the United States.  As one Massachusetts  
            Institute of Technology report states, "It is not out of the  
            question that they may soon be able to 'leapfrog' developed  
            centers of innovation with new innovations of their own."

            While these dynamics pose challenges to current leading  
            technology centers, they also offer California new  
            opportunities for collaboration and cooperation.  The state is  
            already engaged in academic and research partnerships with  
            Canada and Iceland on renewable energy and other technologies.  
             The University of California at San Diego has a multi-year  
            manufacturing initiative with Mexico, supporting economic  
            growth on both sides of the border.  

            These types of partnership efforts, however, have not yet been  
            brought forward into a broader economic development framework  
            and are too often treated as one-off initiatives.  AB 699 will  
            direct the ESP to examine the nature of innovation and how it  
            affects location decisions and the competitiveness of  
            California, other states, and foreign countries.  Enormous  
            potential exists in research, development, and product  
            manufacturing by capitalizing on cross-border initiatives if  
            California can successfully transition to the new and more  
            highly connected economic world of the 21st Century.

           5)Other drivers of the California economy  :  As California  
            identifies priorities and develops strategies for economic  
            recovery, the state must also account for the dramatic  
            demographic shifts which are impacting and will continue to  
            impact the state's economy.  Currently, unprecedented numbers  
            of baby boomers are preparing to retire from the market place.  
             Concurrently, a second and significantly smaller wave of new  
            workers and entrepreneurs are emerging to take their places  
            within the American economy.

            This demographic trend is particularly important for policy  
            makers as it not only reflects a generational shift in the  
            U.S., but it also reflects a shift in the race and ethnicity  
            of the working age population.  The California Budget Project  
            estimates that by 2020, nearly 60% of the working age  
            population in California will be comprised of Latinos,  
            African-Americans, and Asian-Americans.







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            These emerging domestic markets include people, places, or  
            businesses with growth potential, which have historically  
            faced systemic capital constraints.   These constraints are  
            often due to a lack of performance information which limits  
            the ability of financial institutions and traditional  
            investors to model and/or assess the economic viability of  
            these business opportunities.

            The demographics of emerging domestic markets include ethnic-  
            and women-owned firms, urban and rural communities, companies  
            which serve low- to moderate-income populations, and other  
            small- and medium-sized businesses.   In the U.S., minority  
            purchasing power is expected to triple from $1.3 trillion in  
            2000 to over $4 trillion by 2045.  This represents over 70% of  
            the growth of total U.S. purchasing power during the same time  
            period.   Latino and African American purchasing power is  
            already so significant in the U.S. that if it were compared to  
            national GDPs it would be greater than all but nine economies  
            in the world.

            As the purchasing power of minority communities has expanded,  
            new product markets have opened up.  Traditional product lines  
            have also, and will continue to be, modified in order to  
            connect with this new and growing minority market.  This  
            growing minority and ethnic-based market is being served by an  
            increase in the number of minority-owned and women-owned  
            businesses.  Research shows that the growth of minority owned  
            firms in the beginning of the decade surpassed the growth of  
            all U.S. businesses, growing at a rate of 17% per year, which  
            is six times the growth rate of all other firms.  Sales from  
            minority owned firms also outpaced revenues in general -  
            growing 34% per year - more than twice the rate of all other  
            firms.    

           However, even with these impressive growth numbers, minority  
           and women- owned businesses face systemic capital constraints.   
           African Americans and Latinos are turned down for loans at  
           three times the rate of similarly situated white applicants.   
           Their participation rates in private equity and venture  
           capital, in particular, are also low.   

           With the current demographic shifts, minority workers will  
           become, for the first time, the core of the working age  
           population.  As emerging central players in the state and  
           national economy, issues relating to the potential success of  







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           minority-owned businesses must move from being a social equity  
           consideration to a key economic consideration for the long-term  
           success of the state.  The California economy and in the coming  
           years, the U.S. economy, cannot be maintained or grow unless  
           these emerging domestic markets can become mainstream.

          6)California competitiveness  :  Innovation has long been the  
           cornerstone of California's competitive edge.  Innovation, by  
           its very nature, requires constant reassessment and, very  
           often, reinvestment of public resources to maintain and enhance  
           a creative environment where businesses and financial  
           partnerships can constantly evolve.  Even before the current  
           economic downturn, California faced many challenges due to the  
           state's long-term neglect to adequately invest in  
           infrastructure, K-12 education and workforce development.      

           In March 2008, JEDE undertook a survey of California's business  
           climate.  Overall, JEDE found that the state's businesses  
           experience higher costs and greater regulatory burdens than  
           other businesses, in many other areas of the nation.   
           California consistently ranked in the top 10 of highest cost  
           states in the nation.  These findings were reinforced in the  
           April 2009 ALEC-Laffer State Economic Competitiveness Index,  
           which ranked California in the bottom 10 of states based on 15  
           policy factors including:


             Highest Marginal Personal Income Tax Rate
             Highest Marginal Corporate Income Tax Rate
             Personal Income Tax Progressivity
             Property Tax Burden
             Sales Tax Burden
             Tax Burden From All Remaining Taxes
             Estate Tax/Inheritance Tax (Yes or No)
             Recently Legislated Tax Policy Changes
             Debt Service as a Share of Tax Revenue
             Public Employees Per 1,000 Residents
             Quality of State Legal System
             State Minimum Wage
             Workers' Compensation Costs
             Right-to-Work State (Yes or No)
             Tax or Expenditure Limits











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          The JEDE survey, however, also found that even with those costs  
          certain regions of the state remain highly competitive within the  
          national and global marketplace.  As an example, a 2007 index  
          developed by the Milken Institute and Greenstreet Partners found  
                                                     California metro areas hold four of the top 25 slots for areas  
          that are best to create and sustain innovation-based jobs.  Top  
          California locations include Riverside-San Bernardino (3rd),  
          Bakersfield (17th), Vallejo-Fairfield (22nd), and  
          Sacramento-Arden-Arcade-Roseville (25th).    California has also  
          consistently been a leader in attracting venture capital, although  
          research shows that other states and regions in the world are  
          beginning to close the gap.   

         1)California Economic Development Incentives  :  One of the primary  
          ways in which states compete for businesses and industry is  
          through their fiscal policies including income tax- and sales and  
          use tax-based incentives.  California's economic development  
          related incentives include tax benefit programs that address the  
          purchase and depreciation of equipment, the undertaking of  
          research and development of new products and technologies,  
          targeting of private investments, and special treatment for small  
          businesses under the state's tax laws. 

          In addition to tax incentives, the state funds and or administers  
          a limited number of programs and services to assist business and  
          workforce development, including, but not limited to the Office of  
          the Small Business Advocate; the California Small Business Loan  
          Guarantee Program; international trade and foreign investment  
          activities; the federal Small Cities Community Development Block  
          Grant Program; the Enterprise Zone; the Employment Training Panel;  
          the California Workforce Investment Board; the ESP; and the small  
          business procurement preference programs.

          There is, however, no single location where these programs,  
          services, and activities come together into a single comprehensive  
          strategy.  Further, recent budget actions have deduced tax  
          incentives and eliminated key programs and services.  California's  
          budget problems cannot be sufficiently addressed until the state,  
          first, addresses the needs of workers, businesses, and investors.   
          A current economic development strategy will allow the state best  
          analyze how existing programs and services work together.  Without  
          such actions it will be difficult to maximize public investments  
          with ongoing private sector activities, including the $787 billion  
          federal stimulus package.   Expanded descriptions of these  








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          programs can be found in the JEDE white paper, California's  
          Economic Development Programs:  Meeting the Challenges of Today's  
          Economy.

          2)Related legislation  :  Below is a list of related legislation.

             a)   AB 1606 (Arambula and Lieu  ): This bill required the  
              development of a strategy to increase private investment in  
              California's historically underserved communities, also known  
              as emerging domestic markets.  The bill also centralizes the  
              state's existing economic development programs with the  
              Economic Strategy Panel, in order to improve their  
              coordination and impact on California communities.  Status:   
              Vetoed by the Governor in 2007.  

             b)   AB 1721 (Arambula  ):  This bill designates the Business,  
              Transportation, and Housing Agency as the state's primary  
              agency responsible for the facilitation of economic  
              development activities.  The bill also establishes a fund for  
              receiving federal, state, local, and private economic  
              development moneys that can be used to further state economic  
              development activities.  No moneys may be used from this fund  
              without a specific appropriation by the Legislature.  The bill  
              also adds economic development-related definitions and  
              authorizes the Business, Transportation, and Housing Agency to  
              administer specified federal Economic Development  
              Administration disaster recovery moneys.  Status:  Signed by  
              the Governor, Chapter 631, Statutes of 2007.

             c)   AB 1916 (Portantino, Arambula, Price, Salas, and  
              Caballero):   This bill updated the membership and requirements  
              of the California Economic Strategy Panel and requires that  
              the next State Economic Development Strategy be submitted to  
              the Legislature by January 1, 2010.  Status:  Vetoed by the  
              Governor in 2008.   

             d)   AB 2595 (Arambula)  :  This bill required the Secretary of  
              Labor and Workforce Development and the California Workforce  
              Investment Board to establish a Logistics Worker Training  
              Initiative for the purpose of increasing California workers'  
              competitiveness within the global manufacturing value chain.   
              The outcome of this initiative is a state strategy to support  
              regionally based workforce intermediaries that provide  
              training in advanced logistical systems, especially in the  
              transportation and goods movement sectors.  Status:  Vetoed by  








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              the Governor in 2007.

             e)   AB 2711 (Portantino, Arambula, Price and Salas):  This bill  
              required the Secretary of the Business, Transportation and  
              Housing Agency to develop a comprehensive state technology and  
              innovation strategy to guide future state expenditures and  
              activities.  Status:  Held under submission in the Assembly  
              Committee on Appropriations.

             f)   AB 2860 (Lieu)  :  This bill renamed the California  
              Commission on Industrial Innovation (Commission) the  
              California Commission on Manufacturing Competitiveness and  
              Innovation, specifies the Commission should avoid  
              recommendations that could diminish certain worker  
              protections, and makes conforming changes to the enabling  
              statute.  Status:  Held in the Senate Appropriations Committee  
              in 2007.

          REGISTERED SUPPORT / OPPOSITION  :   

          Support 
          
         Assembly Committee on Jobs, Economic Development, and the Economy  
         (sponsor)

          Opposition 
          
         None received
          
         Analysis Prepared by  :    Toni Symonds / J., E.D. & E. / (916)  
         319-2090