BILL ANALYSIS Ó AJR 12 Page 1 ASSEMBLY THIRD READING AJR 12 (Gatto) As Amended August 15, 2013 Majority vote ECONOMIC DEVELOPMENT 5-2 ----------------------------------------------------------------- |Ayes:|Medina, Campos, Daly, | | | | |Fong, Fox | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Mansoor, Linder | | | | | | | | ----------------------------------------------------------------- SUMMARY : Memorializes the California Legislature's request to the United States (U.S.) President and the U.S. Trade Representative (USTR) to include a provision within future international treaties, trade agreements, and other international protocols relating to the raising of foreign minimum wages. The resolution further calls for the U.S. Senate to decline ratification of these agreements should they fail to include such provisions. FISCAL EFFECT : None COMMENTS : This resolution expresses the California Legislature's position that the U.S. should pursue an international trade policy that advantages U.S. workers and businesses and more accurately reflects current global economic conditions by mandating higher foreign minimum wages. As the global leader in trade, foreign investment, and business development, the U.S.'s position on employment compensation, especially in emerging markets, could play a significant role in improving workers' quality of life, hastening the development of their middle class, helping to develop a new consumer-base of U.S. products, and reducing the flow of industries fleeing the U.S. and other industrialized nations in search of cheaper labor. The policy analysis includes additional information on the state's role in setting U.S. trade policy, the importance of trade within the California economy, and trends in global AJR 12 Page 2 development standards that could be positively affected by the policy espoused in this resolution. Fast Track and Calls to Update U.S. Trade Framework : The California Legislature's opinion on U.S. trade policy is particularly relevant as the U.S. Congress is currently considering the granting of Presidential Trade Promotion Authority (also known as Fast Track). Fast Track trade authority was last passed by the U.S. Congress in 2002 and expired in 2007. In granting Fast Track authority, it is envisioned that the U.S. Congress will condition that authority on a set of policy objectives. This resolution would help inform the U.S. Congress on the priorities of the California Legislature. U.S. Trade Policy and the State Consultation Process : In recognition of the difficulty and in some cases inability to modify specific elements of already negotiated trade agreements, Congress has directed the USTR to seek advice from states during the negotiation process through a Governor appointed State Point of Contract. Further, the USTR maintains nearly 30 trade-related advisory committees, including the Intergovernmental Policy Advisory Committee on Trade (IGPAC). The IGPAC is currently comprised of 24 state and local officials, including members of state legislatures, state trade directors, and related national associations. Former State Senator and now Los Angeles City Councilmember Curren Price and Carlos J. Valderrama, who represents the Los Angeles Area Chamber of Commerce, are members of IGPAC. The U.S. has trade agreements in force with 20 countries including Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Jordan, Korea, Mexico, Morocco, Nicaragua, Oman, Panama, Peru, and Singapore. In addition, the U.S. is negotiating the Trans-Pacific Partnership, which includes 12 countries, and has recently (July 2013) initiated discussions on an agreement with the European Union. In addition to trade agreements, the U.S. maintains a number of trade preference programs that allow special access to U.S. markets for countries that are considered developing markets and/or where the U.S. wants to cultivate a stronger relationship. The Andean Trade Preference Act (ATPA) and the AJR 12 Page 3 Andean Trade Promotion and Drug Eradication Act (ATPDEA) are examples of two such trade programs which assist Bolivia, Colombia, Ecuador, and Peru in promoting "broad-based economic development, diversification of exports, consolidation of democracy, and to help defeat the scourge of drug trafficking by providing sustainable economic alternatives to drug-crop production in beneficiary countries." This resolution proposes that these types of trade agreements and trade preference programs include policies that require the development and continuing increase of minimum wages within their broader economic development framework. California's Role in Foreign Trade Agreements : The relevance of individual state engagement on trade issues has increased over the past decade as foreign trade agreements have expanded beyond the direct import or export of a ready-for-sale product and now include rules on issues within the traditional purview of states including public procurement, professional licensing, and investor rights. Under reciprocity standards, state laws relating to environmental standards, hiring local workers, investment practices, and buying local products, can and, in some cases have, been challenged by foreign companies. In the last few years, California legislative Members and stakeholder groups have emphasized the importance of California's engagement on trade agreements in order to ensure California communities are not disadvantaged. As an example, in 2011 the Legislature adopted AJR 15 (Alejo), which urged the U.S. government to consider the potential negative economic impact of the Colombian Free Trade Agreement on the California economy, especially as it related to the California floriculture industry. The issue was raised, not from a protectionist perspective, but based on the U.S.'s significant involvement under the ATPA and the ATPDEA in the development of the Colombian cut flower industry. Today, the Colombian cut flower industry, with its U.S. subsidized infrastructure and $333 (589,500 pesos) per month minimum wage, competes directly with California producers. As illustrated in the Colombian example, the U.S. economy is increasingly entwined with business and consumer markets in other counties and that trade agreements and other trade policies can have direct economic impacts on domestic workers and businesses. This resolution proposes that the U.S. take a AJR 12 Page 4 more comprehensive view of the policies and practices of other countries in order to ensure not just a better quality of life for their workers, but to also provide the economic foundation for the long-term development of consumers of California and U.S. products and services. Wage Rates around the World : In January 2013, U.S. President Barack Obama called for the raising of the U.S. minimum wage from $7.25 to $9.00 per hour by 2015. Compared to other industrialized nations, the Organization for Economic Co-operation and Development (OECD) ranks the U.S. as ninth behind Canada ($8.04), United Kingdom ($8.53), New Zealand ($8.63), Belgium ($9.52), Australia ($9.54), France ($10.02), Ireland ($10.81), and Luxembourg ($11.36). In viewing the minimum wage rates for these developed counties, it is important to also consider the highly integrated global economy whereby raw materials, research, production, assembly, and distribution networks often cross a variety of national boundaries within both industrialized and developing nations. Product origin labels are based on percentages of where labor and materials are sourced, reflecting the reality of multiple-sourced products. For many workers who are employed in countries with lesser developed commercial and industrial sectors there are no minimum wage rate and the recession has worsened their economic conditions. In the 2012-13 study by the International Labor Organization (ILO), wage growth is reported to have remained significantly below pre-recession levels and has especially dropped in developing countries and among certain regions. As an example the ILO reports that "a worker in the manufacturing sector in the Philippines took home $1.40 for every hour worked, compared to less than $5.50 in Brazil, $13.00 in Greece, $23.00 in the U.S., and $35 in Denmark." Economic progress among the least developed countries remains the most significant challenge. Since 1990, the United Nations estimates that 233 million people gained employment allowing them to move above the global extreme poverty rate ($1.25 a day). Much of the progress (58%), however, has been in industries that provide little long-term job security and pay very low wages. These working environments can lead workers to accept substandard wages and unhealthy working conditions. A recent example of this can be found in the collapse of the Bangladeshi Rana Plaza factory building which resulted in 1,129 AJR 12 Page 5 people being killed and the Tazreen factory fire in November 2012 that killed 112 people. As a result of these instances, the U.S. suspended Bangladesh's trade privileges until certain specific steps were taken to address the labor and public safety deficiencies. The United Nations estimates that there are still over a billion people in the world having an inability to obtain basic food, shelter, health care, and education. This resolution would incorporate the raising of minimum wage rates into future U.S. trade agreements and treaties. Analysis Prepared by : Toni Symonds / J., E.D. & E. / (916) 319-2090 FN: 0001725