BILL NUMBER: AB 29 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 31, 2011
AMENDED IN SENATE JULY 5, 2011
INTRODUCED BY Assembly Member John A. Pérez
(Principal coauthors: Assembly Members Feuer and V. Manuel Pérez)
( Coauthors: Assembly Members
Ma and Solorio )
DECEMBER 6, 2010
An act to add Chapter 1.6 (commencing with Section 12096) to Part
2 of Division 3 of Title 2 of, and to repeal Article 7 (commencing
with Section 65054) of Chapter 1.5 of Division 1 of Title 7 of, the
Government Code, relating to economic development.
LEGISLATIVE COUNSEL'S DIGEST
AB 29, as amended, John A. Pérez. Governor's Office of Business
and Economic Development.
Existing law provides for various state programs and services for
the purpose of attracting and retaining businesses in the state.
Existing law creates the Office of Small Business Advocate in the
Office of Planning and Research in the Governor's office.
Executive Order S-05-10 created the Office of Economic Development
in the Governor's office, for the purpose of coordinating economic
development activities in the state.
This bill would create, within the Governor's office, the Governor'
s Office of Business and Economic Development, which would
be administered by a director appointed by the Governor ,
subject to confirmation by the Senate . The bill would
require that the office serve the Governor as the lead entity for
economic strategy and the marketing of California on issues relating
to business development, private sector investment, and economic
growth, and would authorize the office to exercise various powers,
including, among others, to make recommendations to the Governor and
the Legislature regarding policies, programs, and actions to advance
statewide economic goals. The bill would create the California
Business Investment Services Program, as specified, within the
office, under the authority of the director, for the purpose of
serving employers, corporate executives, business owners, and site
location consultants who are considering California for business
investment and expansion. The bill would also move the Office of
Small Business Advocate to the Governor's Office of Business and
Economic Development.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In 2008, California had the eighth largest economy in the
world, with a gross state product of over $1.8 trillion.
(b) California's significance in the global marketplace results
from a variety of factors, including:
(1) Its strategic west coast location that provides direct access
to the growing markets and technology centers of Mexico, Latin
America, Japan, China, and Southeast Asia.
(2) Its diverse regional economies.
(3) Its ethnically diverse population and well-educated workforce.
(4) Its access to a wide variety of venture and other private
capital.
(5) Its rich inventory of pioneering businesses.
(6) Its culture of entrepreneurship, particularly in the areas of
computer technology, biotechnology, medical devices and diagnostic
tools, and clean and green technology.
(7) Its access to world-class research and educational
institutions.
(c) It is therefore in California's best interest to have a
designated Office of Business and Economic Development
within the Governor's office to provide a visible point of contact
and assistance to companies, entrepreneurs, and small business
owners, seeking information on business growth and economic
development opportunities, as well as technical assistance for
navigating the state's regulatory environment.
(d) It is further in California's best interest to reexamine and
reframe the state government's apparatus for the delivery of services
to the business community, particularly the small business
community, to better position California to compete in the global
economy.
SEC. 2. Chapter 1.6 (commencing with Section 12096) is added to
Part 2 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 1.6. GOVERNOR'S OFFICE OF BUSINESS AND ECONOMIC
DEVELOPMENT
12096. This chapter shall be known, and may be cited, as the
Economic Revitalization Act.
Article 1. Definitions
12096.1. For purposes of this chapter:
(a) "Office" means the Governor's Office of Business and
Economic Development.
(b) "Director" means the Director of the Governor's Office of
Business and Economic Development.
Article 2. General
12096.2. (a) The Governor's Office of Business and Economic
Development, also known as "GO-Biz," is hereby established in
state government within the Governor's office. The office shall be
under the direct control of a director, who shall be responsible to
the Governor.
(b) The Governor shall appoint the Director of the
Governor's Office of Business, subject to confirmation by the Senate,
Governor's Office of Business and Economic
Development who shall perform all duties, exercise all powers,
assume and discharge all responsibilities, and carry out and effect
all purposes vested by law in the office, including contracting for
professional or consultant services in connection with the work of
the office.
(c) The salary of the Director of the Governor's Office of
Business and Economic Development shall be fixed pursuant
to Section 12001.
Article 3. Powers and Duties
12096.3. The office shall serve the Governor as the lead entity
for economic strategy and the marketing of California on issues
relating to business development, private sector investment, and
economic growth. In this capacity, the office may:
(a) Recommend to the Governor and the Legislature new state
policies, programs, and actions, or amendments to existing programs,
advance statewide economic goals and respond to emerging economic
problems and opportunities, and ensure that all state policies and
programs conform to the adopted state economic and business
development goals.
(b) Coordinate the development of policies and criteria to ensure
that federal grants administered or directly expended by state
government advance statewide economic goals and objectives.
(c) Market the business and investment opportunities available in
California by working in partnership with local, regional, federal,
and other state public and private institutions to encourage business
development and investment in the state.
(d) Provide, including, but not limited to, all of the following:
(1) Economic and demographic data.
(2) Financial information to help link businesses with state and
local public and private programs.
(3) Workforce information, including, but not limited to, labor
availability, training, and education programs.
(4) Transportation and infrastructure information.
(5) Assistance in obtaining state and local permits.
(6) Information on tax credits and other incentives.
(7) Permitting, siting, and other regulatory information pertinent
to business operations in the state.
(e) Establish a well-advertised telephone number, an interactive
Internet Web site, and an administrative structure that effectively
supports the facilitation of business development and investment in
the state.
(f) Encourage collaboration among research institutions, startup
companies, local governments, venture capitalists, and economic
development agencies to promote innovation.
(g) In cooperation with the federal government, foster
relationships with overseas entities to improve the state's image as
a destination for business investment and expansion.
(h) Conduct research on the state's business climate, including,
but not limited to, research on how the state can remain on the
leading edge of innovation and emerging sectors.
(i) Support small businesses by providing information about
accessing capital, complying with regulations, and supporting state
initiatives that support small business.
12096.4. (a) Each member of the Governor's cabinet shall identify
a senior manager within his or her agency who shall coordinate
business support activities with the office.
(b) For the 2012-13 fiscal year and subsequent fiscal years, the
office shall develop a budget in coordination with the Department of
Finance pursuant to the state budgeting process, including the
permanent transfer of associated positions.
Article 4. California Business Investment Services Program
12096.5. (a) The California Business Investment Services Program
is hereby created within the Governor's Office of Business and
Economic Development.
(b) The program shall be under the direct authority of the
director.
(c) The purpose of the program is to serve employers, corporate
executives, business owners, and site location consultants who are
considering California for business investment and expansion.
(d) In implementing the program, the director shall establish and
implement a process for convening teams on key business development
situations, including, but not limited to, attracting new businesses,
relocation of large manufacturers, or the closure of a large
business employer.
(e) In implementing the program, the director shall work
cooperatively with local, regional, federal, and other state public
and private marketing institutions and trade organizations in
attracting, retaining, and helping businesses grow and be successful
in California.
Article 5. Small Business Advocate
12098. (a) The Legislature finds and declares that it is in the
public interest to aid, counsel, assist, and protect, insofar as is
possible, the interests of small business concerns in order to
preserve free competitive enterprise and maintain a healthy state
economy.
(b) In order to advocate the causes of small business and to
provide small businesses with the information they need to survive in
the marketplace, there is created within the Governor's Office of
Business and Economic Development the Office of Small
Business Advocate.
(c) The advocate shall post on his or her Internet Web site the
name and telephone number of the small business liaison designated
pursuant to Section 14846.
12098.1. The following definitions apply to this article, unless
otherwise indicated:
(a) "Advocate" means the Small Business Advocate who is also the
Director of the Office of Small Business Advocate.
(b) "Director" means the Director of the Office of Small Business
Advocate.
(c) "Office" means the Office of Small Business Advocate.
12098.3. (a) The Director of the Office of Small Business
Advocate shall be appointed by, and shall serve at the pleasure of,
the Governor.
(b) The Governor shall appoint the employees who are needed to
accomplish the purposes of this article.
(c) The duties and functions of the advocate shall include all of
the following:
(1) Serve as the principal advocate in the state on behalf of
small businesses, including, but not limited to, advisory
participation in the consideration of all legislation and
administrative regulations that affect small businesses, and advocacy
on state policy and programs related to small businesses on disaster
preparedness and recovery including providing technical assistance.
(2) Represent the views and interests of small businesses before
other state agencies whose policies and activities may affect small
business.
(3) Enlist the cooperation and assistance of public and private
agencies, businesses, and other organizations in disseminating
information about the programs and services provided by state
government that are of benefit to small businesses, and information
on how small businesses can participate in, or make use of, those
programs and services.
(4) Consult with experts and authorities in the fields of small
business investment, venture capital investment, and commercial
banking and other comparable financial institutions involved in the
financing of business, and with individuals with regulatory, legal,
economic, or financial expertise, including members of the academic
community, and individuals who generally represent the public
interest.
(5) Seek the assistance and cooperation of all state agencies and
departments providing services to, or affecting, small business,
including the small business liaison designated pursuant to Section
14846, to ensure coordination of state efforts.
(6) Receive and respond to complaints from small businesses
concerning the actions of state agencies and the operative effects of
state laws and regulations adversely affecting those businesses.
(7) Counsel small businesses on how to resolve questions and
problems concerning the relationship of small business to state
government.
(8) Maintain, publicize, and distribute an annual list of persons
serving as small business ombudsmen throughout state government.
(9) Consult with the Department of Transportation in the
development and administration of the Small and Emerging Contractor
Technical Assistance Program established pursuant to Article 2.6
(commencing with Section 14137) of Chapter 2 of Part 5.
12098.4. (a) Each agency of the state shall furnish to the
advocate the reports, documents, and information that are public
records and that the director deems necessary to carry out his or her
functions under this chapter.
(b) The advocate shall prepare and submit a written annual report
to the Governor and to the Legislature that describes the activities
and recommendations of the office, including an evaluation of the
efforts of state agencies and, where appropriate, specific
departments, that significantly regulate small businesses to assist
minority and other small business enterprises, and making
recommendations that may be appropriate to assist the development and
strengthening of minority and other small business enterprises.
(c) The advocate may establish a centralized interactive telephone
referral system and Internet Web site to assist small and minority
businesses in their operations, including governmental requirements,
such as taxation, accounting, and pollution control, and to provide
information concerning the agency from which more specialized
assistance may be obtained. The advocate may establish and advertise
a telephone number and an Internet Web site address to serve this
centralized interactive telephone referral system and Internet Web
site.
12098.5. In addition to his or her other responsibilities under
this article, the advocate shall do the following:
(a) Develop on the office's Internet Web site in consultation with
the appropriate state agencies, and update as necessary, information
about emergency preparedness, responses to emergencies, and recovery
strategies for small businesses.
(b) Conduct at least one public meeting every year in coordination
with the appropriate state agencies, to share best practices for
small business disaster preparedness. The meetings shall be held in
consultation with regional and statewide small business organizations
and shall take place in different locations throughout the state.
SEC. 3. Article 7 (commencing with Section 65054) of Chapter 1.5
of Division 1 of Title 7 of the Government Code is repealed.