Amended in Senate July 3, 2013

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 Bill No. 53

Introduced by Assembly Member John A. Pérez

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

January 7, 2013

An act to begin delete amend Section 12096.3 of, and to end delete add Section 12096.35 begin delete to, end delete begin insert to end insert 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:

begin delete

SECTION 1.  

Section 12096.3 of the Government Code is
amended to read:

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.

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

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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

12096.35.  

(a) The office shall lead the preparation of a
California Economic Development Strategic Plan. In fulfilling this
duty, the office shall commission a study that includes, but is not
limited to, all of the following:

(1) Recommendations regarding an economic development
strategic plan for the state, covering a two-year period for the first
report and a three-year time period for subsequent reports and
containing a statement of economic goals for the state.

(2) Governmental and nongovernmental impediments to
economic development and a list of legislative, regulatory, and
administrative reforms necessary to ease those impediments and
improvements to the business climate and economy of the state.

(3) An evaluation of the effectiveness of the state’s economic
development programs.

(4) A list of key industries in which the state shall focus its
economic development efforts, and strategies to foster job growth
and economic development covering all state agencies, offices,
boards, and commissions that have economic development
responsibilities.

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

(6) Strengths and weaknesses of the California economy and
the state’s prospects for future economic prosperity.

(7) Existing, emerging, and declining industries in California
and elsewhere.

(8) Effectiveness of California’s economic development
programs in creating and retaining jobs and attracting industries.

(9) Adequacy of state and local physical and economic
infrastructure.

(10) Opportunities to leverage federal resources for state
priorities.

(11) Tactics for attracting private capital to the state and
investment in state priority areas.

(b) Upon completion of the study, the office shall convene a
stakeholder advisory group consisting of representatives from
businesses, labor unions, organizations representing the interests
of diverse ethnic and gender groups, local government leaders,
academic economists and business professors, chambers of
commerce and other business organizations, economic development
organizations, government agencies, and key industries to assist
with evaluating and preparing the California Economic
Development begin delete Strategy end delete begin insert Strategic Plan end insert .

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

(d) The office shall electronically deliver copies of the
recommended California begin delete economic development strategic plan end delete
begin insert Economic Development Strategic Plan end insert to every constitutional
officer, legislator, member of the Governor’s cabinet, and every
state agency, office, board, and commission having economic
development responsibilities.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 1401 of the Labor Code is amended to read:

1401.  

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

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

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

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

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

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