Amended in Senate June 25, 2013

Amended in Assembly May 24, 2013

Amended in Assembly May 1, 2013

Amended in Assembly February 20, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 53


Introduced by Assembly Member John A. Pérez

(Coauthors: Assembly Members Fong, Fox, Medina, and Weber)

January 7, 2013


An act to amend Section 12096.3 of, and to add Section 12096.35 to, the Government Code, and to amend Section 1401 of the Labor Code, relating to economic development.

LEGISLATIVE COUNSEL’S DIGEST

AB 53, as amended, John A. Pérez. Governor’s Office of Business and Economic Development: biennial California Economic Development Strategic Plan.

The Governor’s Office of Business and Economic Development serves as the Governor’s lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. The office, among others, makes recommendations to the Governor and the Legislature regarding policies, programs, and actions to advance statewide economic goals.

This bill would require the office to lead the preparation of a California Economic Development Strategic Plan, as specified.

Existing law provides that an employer, with certain exceptions, may not order a mass layoff, relocation, or termination, as defined, at a covered establishment without giving 60 days’ prior written notice to employees and the Employment Development Department and other local agencies, as well as complying with specified federal guidelines.

This bill would require the employer to also provide written notice to the Governor’s Office of Business and Economic Development and require the Employment Development Department to post the notice on its Internet Web site.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 12096.3 of the Government Code is
2amended to read:

3

12096.3.  

The office shall serve the Governor as the lead entity
4for economic strategy and the marketing of California on issues
5relating to business development, private sector investment, and
6economic growth. In this capacity, the office may:

7(a) Recommend to the Governor and the Legislature new state
8policies, programs, and actions, or amendments to existing
9programs, advance statewide economic goals and respond to
10emerging economic problems and opportunities, and ensure that
11all state policies and programs conform to the adopted state
12economic and business development goals.

13(b) Coordinate the development of policies and criteria to ensure
14that federal grants administered or directly expended by state
15government advance statewide economic goals and objectives.

16(c) Market the business and investment opportunities available
17in California by working in partnership with local, regional, federal,
18and other state public and private institutions to encourage business
19development and investment in the state.

20(d) Provide, including, but not limited to, all of the following:

21(1) Economic and demographic data.

22(2) Financial information to help link businesses with state and
23local public and private programs.

24(3) Workforce information, including, but not limited to, labor
25availability, training, and education programs.

26(4) Transportation and infrastructure information.

P3    1(5) Assistance in obtaining state and local permits.

2(6) Information on tax credits and other incentives.

3(7) Permitting, siting, and other regulatory information pertinent
4to business operations in the state.

5(e) Establish a well-advertised telephone number, an interactive
6Internet Web site, and an administrative structure that effectively
7supports the facilitation of business development and investment
8in the state.

9(f) Encourage collaboration among research institutions, startup
10companies, local governments, venture capitalists, and economic
11development agencies to promote innovation.

12(g) In cooperation with the federal government, foster
13relationships with overseas entities to improve the state’s image
14as a destination for business investment and expansion.

15(h) Conduct research on the state’s business climate, including,
16but not limited to, research on how the state can remain on the
17leading edge of innovation and emerging sectors.

18(i) Support small businesses by providing information about
19accessing capital, complying with regulations, and supporting state
20initiatives that support small business.

21(j) Lead the preparation of a California Economic Development
22Strategic Plan.

23

SEC. 2.  

Section 12096.35 is added to the Government Code,
24to read:

25

12096.35.  

(a) The office shall lead the preparation of a
26California Economic Development Strategic Plan. In fulfilling this
27duty, the office shallbegin delete doend deletebegin insert commission a study that includes, but is
28not limited to,end insert
all of the following:

29(1) begin deleteMake recommendations end deletebegin insertRecommendations end insertregarding an
30economic development strategic plan for the state, covering a
31begin insert two-year period for the first report andend insertbegin insert aend insert three-year time period
32begin insert for subsequent reportsend insert and containing a statement of economic
33goals for thebegin delete state, a prioritized list of significant issues identified
34from proposals for legislation, regulations, and administrative
35reforms necessary to improveend delete
begin insert state.end insert

36begin insert(2)end insertbegin insertend insertbegin insertGovernmental and nongovernmental impediments to
37economic development and a list of legislative, regulatory, and
38administrative reforms necessary to ease those impediments and
39improvements toend insert
the business climate and economy of thebegin delete state,end delete
40begin insert state.end insert

P4    1begin insert(3)end insertbegin insertend insertbegin insertAnend insert evaluation of the effectiveness of the state’s economic
2developmentbegin delete programs, aend deletebegin insert programs.end insert

3begin insert(4)end insertbegin insertend insertbegin insertAend insert list of key industries in which the state shall focus its
4economic development efforts, and strategies to foster job growth
5and economic development covering all state agencies, offices,
6boards, and commissions that have economic development
7responsibilities.

begin delete

8(2) Convene one or more meetings to provide recommendations
9regarding a California economic development strategic plan. The
10office shall invite businesses, labor unions, organizations
11representing the interests of diverse ethnic and gender groups,
12local government leaders, academic economists and business
13professors, chambers of commerce and other business
14organizations, economic development organizations, government
15agencies, and key industries to contribute to the preparation of the
16recommended economic strategy. These meetings shall address,
17but are not limited to, all of the following:

end delete
begin insert

18(5) An evaluation of policies and goals developed at the regional
19level.

end insert
begin delete

20(A)

end delete

21begin insert(6)end insert Strengths and weaknesses of the California economy and
22the state’s prospects for future economic prosperity.

begin delete

23(B)

end delete

24begin insert(7)end insert Existing, emerging, and declining industries in California
25and elsewhere.

begin delete

26(C)

end delete

27begin insert(8)end insert Effectiveness of California’s economic development
28programs in creating and retaining jobs and attracting industries.

begin delete

29(D)

end delete

30begin insert(9)end insert Adequacy of state and local physical and economic
31infrastructure.

begin delete

32(E) Governmental and nongovernmental impediments to
33economic development.

end delete
begin delete

34(F)

end delete

35begin insert(10)end insert Opportunities to leverage federal resources for state
36priorities.

begin delete

37(G)

end delete

38begin insert(11)end insert Tactics for attracting private capital to the state and
39investment in state priority areas.

begin insert

P5    1(b) Upon completion of the study, the office shall convene a
2stakeholder advisory group consisting of representatives from
3businesses, labor unions, organizations representing the interests
4of diverse ethnic and gender groups, local government leaders,
5 academic economists and business professors, chambers of
6commerce and other business organizations, economic development
7organizations, government agencies, and key industries to assist
8with evaluating and preparing the California Economic
9Development Strategy.

end insert
begin delete

10(b)

end delete

11begin insert(c)end insert The office shall submit a report of its findings and
12 recommendations regarding subdivision (a) to the Governor and
13the Legislature no later than October 1, 2014,begin insert with the next report
14due October 1, 2016,end insert
and every three years following that date.
15The report shall be submitted to the Legislature in the manner
16required pursuant to Section 9795.

begin delete

17(c)

end delete

18begin insert(d)end insert The office shallbegin insert electronicallyend insert deliver copies of the
19recommended California economic development strategic plan to
20every constitutional officer, legislator, member of the Governor’s
21cabinet, and every state agency, office, board, and commission
22having economic development responsibilities.

23

SEC. 3.  

Section 1401 of the Labor Code is amended to read:

24

1401.  

(a) An employer may not order a mass layoff, relocation,
25or termination at a covered establishment unless, 60 days before
26the order takes effect, the employer gives written notice of the
27order to the following:

28(1) The employees of the covered establishment affected by the
29order.

30(2) (A) The Employment Development Department, the
31Governor’s Office of Business and Economic Development, the
32local workforce investment board, and the chief elected official
33of each city and county government within which the termination,
34relocation, or mass layoff occurs.

35(B) The Employment Development Department shall, upon
36receipt of the notice, post the notice on its Internet Web site.

37(b) An employer required to give notice of any mass layoff,
38relocation, or termination under this chapter shall include in its
39notice the elements required by the federal Worker Adjustment
40and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.).

P6    1(c) Notwithstanding the requirements of subdivision (a), an
2employer is not required to provide notice if a mass layoff,
3relocation, or termination is necessitated by a physical calamity
4or act of war.



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