BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2798
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          Date of Hearing:   May 4, 2010

          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT AND THE ECONOMY
                               V. Manuel Perez, Chair
           AB 2798 (Economic Development) - As Introduced:  March 25, 2010
           
          SUBJECT  :   Economic Development Omnibus

           SUMMARY  :   Adds definitions and makes technical changes to the  
          codes relating to the state's economic development.   
          Specifically,  this bill  :  

          1)Defines "emerging domestic market" to mean people, places, or  
            business enterprises with growth potential that face capital  
            constraints due to systemic undervaluations as a result of  
            imperfect market information.  

          2)Defines "financial intermediary" to mean an institution, firm,  
            organization, or individual who performs intermediation  
            between two or more parties in a financial context, such as  
            connecting two sources of funds with users of funds

          3)Defines "community development intermediary" to mean an  
            institution, firm, organization, or individual who performs  
            intermediation between two or more parties in a community  
            development context, such a connecting people and  
            organizations that have a stake in the future well-being of  
            communities and individuals who may not easily have access to  
            these stakeholders; 

          4)Defines "triple bottom line" to mean the economic  
            environmental and social benefits arising fro a project,  
            investment, or community and economic development activity; 

          5)Defines "small businesses" to mean a business with less than  
            100 employees and with a gross revenue of less than five  
            million dollars ($5,000,000), or a business that is otherwise  
            targeted by or participating in a federal or state program  
            engaged in programs or services for small businesses.   
            Application of this definition may only be used pursuant to a  
            direct reference;  

          6)Defines "community development" to mean a process designed to  
            create conditions of economic and social prosperity for the  
            whole community, or a targeted subset of the whole community,  








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            with the fullest possible reliance on the community's  
            initiative and active participation; 

          7)Defines "financial institution capital" to mean resources of a  
            financial institution, including, but not limited to, a bank  
            or credit union, that are legally available to be used to  
            generate wealth for the financial institution; and

          8)Defines "California Council on Science and Technology" to mean  
            the council established by California academic research  
            institutions, including the University of California, the  
            University of Southern California, the California Institute of  
            Technology , Stanford University, and the California State  
            University, in support of Assembly Concurrent Resolution No.  
            162 (Res. Ch. 148, Stats. 1988).

           EXISTING LAW  :

          1)Establishes the Business, Transportation and Housing Agency to  
            oversee and coordinate the activities of the economic  
            development programs.

          2)Does not define the terms, emerging domestic market; financial  
            intermediary; community development intermediary; triple  
            bottom line; small businesses; community development;  
            financial institution capital; and California Council on  
            Science and Technology.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Purpose of the bill:   The bill is a reintroduction of AB 1555  
            (Economic Development Committee) from 2009.  The original  
            contents of the bill were deleted and the new language allowed  
            for the expanded use of ARRA money for broadband related  
            funding.  To the committee's knowledge, there are no  
            controversial issues in this bill.  Policy committees  
            typically carry measures that contain technical changes or  
            clean-up the codes.  Nothing in this bill is intended to be  
            controversial.  If language becomes controversial, it will be  
            removed.  

           2)Defining emerging domestic markets  :  "emerging domestic  
            market" refers to people, places, or businesses with growth  








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            potential, which have historically faced systemic capital  
            constraints.  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.  

            Over the next 40 years, it is estimated that more than 85% of  
            U.S. population growth will come from minority ethnic groups.  
            This shift is already so significant that the combination of  
            African American and Hispanic consumer markets is larger than  
            the GDP of all but nine countries in the world.  

            With this growing diversity comes a change in the make-up of  
            business ownership in the country.  The Milken Institute  
            states that minority-owned firms are growing at a rate six  
            times the growth rate (17% per year) of all other firms, and  
            sales from minority-owned firms are growing more than twice  
            the rate (34% per year) of all other firms.  

            Driven by these significant demographic changes and their  
            related impacts on markets, institutional investors have begun  
            to target small portions of their portfolios to emerging  
            domestic markets.  

            To better understand the dynamics of this new and growing  
            investment area the Economic Development Committee convened an  
            advisory group of economic and investment professionals for  
            the purpose of having an extended conversation about what  
            impediments they encounter in trying to invest in emerging  
            domestic markets.   

            During these discussions, it became apparent that, even with  
            the shifts in market share and business ownership, minority  
            businesses still experience significant impediments in  
            accessing capital.  This bill was developed to provide key  
            phrases related to emerging domestic markets, including  
            "emerging domestic market," "financial intermediary,"  
            "community intermediary," and "triple bottom line."

            A complete progress report on the Emerging Domestic Market  
            Advisory Group's meetings between October 11, 2007 through  
            January 22, 2008, is available on the JEDE website at  
             www.assembly.ca.gov .

          3)Related Legislation:  Below is a list of related legislation.








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              a)   AB 1555 (V. Manuel P?rez) - Economic Development  
               Omnibus  :  This bill added definitions and made technical  
               changes to the codes relating to the state's economic  
               development.  The contents of the bill were removed and  
               language to expand the ARRA broadband funding for grants  
               was amended into the bill.  Status:  Signed by Governor -  
               Chapter 24, Statutes of 2009.

              b)   AB 3045 (Arambula) - Economic Development Omnibus:   This  
               bill added definitions and makes technical changes to the  
               codes relating to the state's economic development.   
               Status:  Vetoed by the Governor on September 29, 2009.  

               In his veto message the governor said:  "I am returning  
               Assembly Bill 3045 without my signature.   The historic  
               delay in passing the 2008-2009 State Budget has forced me  
               to prioritize the bills sent to my desk at the end of the  
               year's legislative session.  Given the delay, I am only  
               signing bills that are the highest priority for California.  
                This bill does not meet that standard and I cannot sign it  
               at this time."

           REGISTERED SUPPORT / OPPOSITION  :   

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

           Opposition 
           
          None received

           
          Analysis Prepared by  :    Mercedes Flores / J., E.D. & E. / (916)  
          319-2090