Amended in Assembly April 16, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 305

Introduced by Assembly Member V. Manuel Pérez

begin insert

(Coauthors: Assembly Members Brown and Fox)

end insert

February 12, 2013

An act to add and repeal Sections 17053.9 and 23622.9 of, and to repeal and amend Sections 17053.80 and 23623 of, the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor, to take effect immediately, tax levy.

LEGISLATIVE COUNSEL’S DIGEST

AB 305, as amended, V. Manuel Pérez. Income taxes: hiring credits: investment credits.

The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit in the amount of $3,000 for each full-time employee hired by a qualified employer applicable to taxable years beginning on or after January 1, 2009, and ending upon a cut-off date calculated based upon an estimate by the Franchise Tax Board of claims cumulatively totaling $400,000,000 for all taxable years, as specified. Existing law also creates the California Tax Credit Allocation Committee, which has specified duties in regard to low-income housing credits.

This bill would instead calculate the cut-off date for the above-described hiring credit based upon an estimate by the Franchise Tax Board of claims cumulatively totaling begin delete $100,000,000 end delete begin insert $200,000,000 end insert for all taxable years, as specified.

This bill would also allow a credit under both laws, in modified conformity with a federal New Market Tax Credit, for taxable years beginning on or after January 1, 2013, and before January 1, 2020, in a specified amount for investments in low-income communities. The bill would limit the total annual amount of credit allowed pursuant to these provisions to begin delete $30,000,000 end delete begin insert $40,000,000 end insert and would limit the allocation of the credit to a cumulative total of no more than $200,000,000. This bill would impose specified duties on the California Tax Credit Allocation Committee with regard to the application for, and allocation of, the credit. The bill would require the committee to establish and impose reasonable fees upon entities that apply for the allocation of the credit and use the revenue to defray the cost of administering the program, as specified, thereby making an appropriation. This bill would also appropriate $150,000 from the Tax Credit Allocation Fee Account to the committee for purposes of implementing the tax credit.

This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIII  A of the California Constitution, and thus would require for passage the approval of 2⁄3 of the membership of each house of the Legislature.

This bill would take effect immediately as a tax levy.

Vote: ²⁄₃. Appropriation: yes. 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) California is entering the sixth year of the worst economic
recession since the Great Depression.

(b) Due to a systemic budget problem, the state is suffering from
chronic revenue shortfalls based in part on increasing reliance on
revenues from personal income tax rolls.

(c) Investment in small business ventures is a proven method
of stimulating economic activity, creating new jobs, and generating
revenue by expanding the tax base.

(d) The federal New Markets Tax Credit Program, created in
2000 with bipartisan support, has been an effective means of
stimulating state and regional economies due to its ability to
leverage federal funds to drive private investment in communities
that would otherwise not have had access to capital. These
investments accrue to small businesses, schools, and other
business-related real estate projects.

(e) As of 2010, nine states, Connecticut, Florida, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, Ohio, and Oklahoma,
had enacted matching state programs. On average, these states
successfully leveraged thirteen dollars ($13) in federal New
Markets Tax Credit for every dollar of state credits initially
allocated for the state program.

(f) As of December 29, 2012, $261,560,076 of California’s
small business hiring tax credit are still available.

(g) Given the current economic climate and the lack of use of
the state hiring tax credit, it is reasonable for the Legislature to
search for and consider other alternatives to stimulate hiring and
to generate economic activity to shorten the current recession and
promote permanent economic recovery through the creation of a
California New Markets Tax Credit Program.

(h) There are low-income communities in the state that face
multiple challenges in attracting private investment, including, but
not limited to, developing and maintaining a workforce that meets
the skill needs of local employers, an infrastructure that connects
local businesses to external markets, and neighborhoods that are
not disproportionately burdened with environmental pollutants,
including air, soil, and water contamination.

(I) Given the ability of the California New Markets Tax Credit
Program to stimulate private investment activity in areas that would
otherwise not have access to investment capital, it is appropriate
that the state consider prioritizing a portion of the California New
Markets Tax Credit Program to encourage private investment in
areas that face multiple challenges in attracting investment capital.

SEC. 2.  

Section 17053.80 of the Revenue and Taxation Code,
as added by Section 3 of Chapter 10 of the Third Extraordinary
Session of the Statutes of 2009, is repealed.

SEC. 3.  

Section 17053.80 of the Revenue and Taxation Code,
as added by Section 3 of Chapter 17 of the Third Extraordinary
Session of the Statutes of 2009, is amended to read:

17053.80.  

(a) For each taxable year beginning on or after
January 1, 2009, there shall be allowed as a credit against the “net
tax,” as defined in Section 17039, three thousand dollars ($3,000)
for each net increase in qualified full-time employees, as specified
in subdivision (c), hired during the taxable year by a qualified
employer.

(b) For purposes of this section:

(1) “Acquired” includes any gift, inheritance, transfer incident
to divorce, or any other transfer, whether or not for consideration.

(2) “Qualified full-time employee” means:

(A) A qualified employee who was paid qualified wages during
the taxable year by the qualified employer for services of not less
than an average of 35 hours per week.

(B) A qualified employee who was a salaried employee and
was paid compensation during the taxable year for full-time
employment, within the meaning of Section 515 of the Labor Code,
by the qualified employer.

(3) A “qualified employee” shall not include any of the
following:

(A) An employee certified as a qualified employee in an
enterprise zone designated in accordance with Chapter 12.8
(commencing with Section 7070) of Division 7 of Title 1 of the
Government Code.

(B) An employee certified as a qualified disadvantaged
individual in a manufacturing enhancement area designated in
accordance with Section 7073.8 of the Government Code.

(C) An employee certified as a qualified employee in a targeted
tax area designated in accordance with Section 7097 of the
Government Code.

(D) An employee certified as a qualified disadvantaged
individual or a qualified displaced employee in a local agency
military base recovery area (LAMBRA) designated in accordance
with Chapter 12.97 (commencing with Section 7105) of Division
7 of Title 1 of the Government Code.

(E) An employee whose wages are included in calculating any
other credit allowed under this part.

(4) “Qualified employer” means a taxpayer that, as of the last
day of the preceding taxable year, employed a total of 20 or fewer
employees.

(5) “Qualified wages” means wages subject to Division 6
(commencing with Section 13000) of the Unemployment Insurance
Code.

(6) “Annual full-time equivalent” means either of the following:

(A) In the case of a full-time employee paid hourly qualified
wages, “annual full-time equivalent” means the total number of
hours worked for the taxpayer by the employee (not to exceed
2,000 hours per employee) divided by 2,000.

(B) In the case of a salaried full-time employee, “annual
full-time equivalent” means the total number of weeks worked for
the taxpayer by the employee divided by 52.

(c) The net increase in qualified full-time employees of a
qualified employer shall be determined as provided by this
subdivision:

(1) (A) The net increase in qualified full-time employees shall
be determined on an annual full-time equivalent basis by
subtracting from the amount determined in subparagraph (C) the
amount determined in subparagraph (B).

(B) The total number of qualified full-time employees employed
in the preceding taxable year by the taxpayer and by any trade or
business acquired by the taxpayer during the current taxable year.

(C) The total number of full-time employees employed in the
current taxable year by the taxpayer and by any trade or business
acquired during the current taxable year.

(2) For taxpayers who first commence doing business in this
state during the taxable year, the number of full-time employees
for the immediately preceding prior taxable year shall be zero.

(d) In the case where the credit allowed by this section exceeds
the “net tax,” the excess may be carried over to reduce the “net
tax” in the following year, and succeeding seven years if necessary,
until the credit is exhausted.

(e) Any deduction otherwise allowed under this part for qualified
wages shall not be reduced by the amount of the credit allowed
under this section.

(f) For purposes of this section:

(1) All employees of the trades or businesses that are treated as
related under either Section 267, 318, or 707 of the Internal
Revenue Code shall be treated as employed by a single taxpayer.

(2) In determining whether the taxpayer has first commenced
doing business in this state during the taxable year, the provisions
of subdivision (f) of Section 17276.20, without application of
paragraph (7) of that subdivision, shall apply.

(g) (1) (A) Credit under this section and Section 23623 shall
be allowed only for credits claimed on timely filed original returns
received by the Franchise Tax Board on or before the cutoff date
established by the Franchise Tax Board.

(B) For purposes of this paragraph, the cutoff date shall be the
last day of the calendar quarter within which the Franchise Tax
Board estimates it will have received timely filed original returns
claiming credits under this section and Section 23623 that
cumulatively total begin delete one end delete begin insert two end insert hundred million dollars begin delete ($100,000,000) end delete
begin insert ($200,000,000) end insert for all taxable years.

(2) The date a return is received shall be determined by the
Franchise Tax Board.

(3) (A) The determinations of the Franchise Tax Board with
respect to the cutoff date, the date a return is received, and whether
a return has been timely filed for purposes of this subdivision may
not be reviewed in any administrative or judicial proceeding.

(B) Any disallowance of a credit claimed due to a determination
under this subdivision, including the application of the limitation
specified in paragraph (1), shall be treated as a mathematical error
appearing on the return. Any amount of tax resulting from such
disallowance may be assessed by the Franchise Tax Board in the
same manner as provided by Section 19051.

(4) The Franchise Tax Board shall periodically provide notice
on its Internet Web site with respect to the amount of credit under
this section and Section 23623 claimed on timely filed original
returns received by the Franchise Tax Board.

(h) (1) The Franchise Tax Board may prescribe rules,
guidelines, or procedures necessary or appropriate to carry out the
purposes of this section, including any guidelines regarding the
limitation on total credits allowable under this section and Section
23623 and guidelines necessary to avoid the application of
paragraph (2) of subdivision (f) through splitups, shell corporations,
partnerships, tiered ownership structures, or otherwise.

(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to
any standard, criterion, procedure, determination, rule, notice, or
guideline established or issued by the Franchise Tax Board
pursuant to this section.

(i) This section shall remain in effect only until December 1 of
the calendar year after the year of the cutoff date, and as of that
December 1 is repealed.

SEC. 4.  

Section 17053.9 is added to the Revenue and Taxation
Code, to read:

17053.9.  

(a) There is hereby created the California New
Markets Tax Credit Program as provided in this section and Section
23622.9. The purpose of this program is to stimulate economic
development, and hasten California’s economic recovery, by
authorizing tax credits for investment in California, including, but
not limited to, retail businesses, real property, financial institutions,
and schools. The California Tax Credit Allocation Committee shall
have responsibility for the administration of this program as
provided in this section and Section 23622.9.

(b) (1) For taxable years beginning on or after January 1, 2013,
and before January 1, 2020, there shall be allowed as a credit
against the “net tax,” as defined in Section 17039, an amount
determined in accordance with Section 45D of the Internal Revenue
Code, as modified as set forth in this section.

(2) This credit shall be allowed only if the taxpayer holds the
qualified equity investment on the credit allowance date and each
of the six following anniversary dates of that date.

(c) Section 45D of the Internal Revenue Code is modified as
follows:

(1) (A) The references to “the Secretary” in Section 45D of the
Internal Revenue Code are modified to read “the committee.”

(B) For purposes of this section, “committee” means the
California Tax Credit Allocation Committee as described in
subdivision (a) of Section 50199.7 of the Health and Safety Code,
or any successor thereto.

(2) Section 45D(a)(2) of the Internal Revenue Code is modified
by substituting for “(A) 5 percent with respect to the first 3 credit
allowance dates, and (B) 6 percent with respect to the remainder
of the credit allowance dates.” with the following:

(A) Zero percent with respect to the first two credit allowance
dates.

(B) Seven percent with respect to the third credit allowance
date.

(C) Eight percent with respect to the remainder of the credit
allowance dates.

(3) The provisions of Section 45D(b) of the Internal Revenue
Code is modified as follows:

(A) Section 45D(b)(1) of the Internal Revenue Code is modified
by substituting “1 year” for “5 years” and “1-year period” for
“5-year period.”

(B) Section 45D(b)(3) of the Internal Revenue Code is modified
by substituting “qualified low-income community investments in
California” for “qualified low-income community investments.”

begin delete

(4) The following shall apply in lieu of the provisions of Section
45D(c)(2) of the Internal Revenue Code, relating to special rules
for certain organizations: “A domestic corporation or partnership
shall be deemed a ‘qualified community development entity’ if it
has entered into an allocation agreement with the Community
Development Financial Institutions Fund of the United States
Department of the Treasury with respect to credits authorized by
Section 45D of the Internal Revenue Code, as amended, and if the
allocation agreement includes the state within its service area.

end delete begin delete

(5)

end delete

begin insert (4) end insert  Section 45D(d)(1)(A) of the Internal Revenue Code, relating
to qualified low-income community investments, is modified to
include any capital or equity investment in, or loan to, any real
estate project begin insert or any operating business that, at the time the initial
investment is made, has 250 or less employees and is located end insert in a
low-income community. begin insert The operating business shall meet all
other conditions of a qualified active low-income business, except
as modified by paragraphs (5) and (6). end insert

begin delete

(6)

end delete

begin insert (5) end insert  The term “qualified active low-income community business,”
as defined in Section 45D(d)(2) of the Internal Revenue Code is
modified as follows:

(A) Section 45D(d)(2)(A)(i) of the Internal Revenue Code is
modified by substituting “any low-income community in
California” for “any low-income community.”

(B) Section 45D(d)(2)(A)(ii) of the Internal Revenue Code is
modified by substituting “any low-income community in
California. ‘Substantial portion’ shall be defined as 40 percent or
more of the tangible property of the entity” for “any low-income
community.”

(C) Section 45D(d)(2)(A)(iii) of the Internal Revenue Code
shall not apply.

(D) The following shall apply in lieu of the provisions of Section
45D(d)(2)(C) of the Internal Revenue Code, relating to qualified
active low-income community business: “A ‘qualified active
low-income community business’ shall include begin delete startup businesses.” end delete
begin insert an operating business that, at the time the initial investment is
made, has 250 or less employees and is located in a low-income
community. The operating business shall meet all other conditions
of a qualified active low-income business, except as modified by
this paragraph and paragraph (6). end insert begin insert ” end insert

begin delete

(7)

end delete

begin insert (6) end insert  Section 45D(e)(1) of the Internal Revenue Code is modified
to add the following: When the United States Census Bureau
discontinues using the decennial census to report median family
income on a census tract basis, census block group data shall be
used based on the American Community Survey.

begin delete

(8)

end delete

begin insert (7) end insert  The following shall apply in lieu of the provisions of Section
45(D)(f)(1) of the Internal Revenue Code, relating to national
limitation on amount of investments designated: “The aggregate
amount of credit that may be allowed in any calendar year pursuant
to this section and Section 23622.9 shall be begin delete thirty end delete begin insert forty end insert million
dollars begin delete ($30,000,000) end delete begin insert ($40,000,000) end insert . The committee shall limit
the allocation of credits permitted under this section and Section
23622.9 to a cumulative total of no more than two hundred million
dollars ($200,000,000).”

begin delete

(9)

end delete

begin insert (8) end insert  Section 45D(g)(3) of the Internal Revenue Code, relating
to recapture event, is modified by adding the following:
“Notwithstanding the provisions of this paragraph, a recapture
event shall not have occurred and an investment shall be considered
held by a community development entity upon its sale or
repayment, provided the qualified community development entity
reinvests an amount equal to the capital returned to or recovered
by the qualified community development entity from the original
investment, exclusive of any profits realized, in another qualified
low-income community investment within 12 months of the receipt
of that capital. A qualified community development entity shall
not be required to reinvest capital returned from a qualified
low-income community investment after the sixth anniversary of
the issuance of the qualified equity investment, the proceeds of
which were used to make the qualified low-income community
investment, and the qualified low-income community investment
shall be considered held by the qualified community development
entity through the seventh anniversary of the issuance of the
qualified equity investment.”

begin delete

(10)

end delete

begin insert (9) end insert  Section 45D(i) of the Internal Revenue Code, relating to
regulations, shall not apply.

(d) (1) The committee shall adopt guidelines necessary or
appropriate to carry out the purposes of this section. begin insert The guidelines
shall not disqualify a low-income community investment for the
single reason that public or private incentives, loans, equity
investments, technical assistance, or other forms of support have
been or continue to be provided. end insert The adoption of the guidelines
shall not be subject to the rulemaking provisions of the
Administrative Procedure Act of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.

(2) The committee shall establish and impose reasonable fees
upon entities that apply for the allocation pursuant to subdivision
(d) and use the revenue to defray the cost of administering the
program. The committee shall establish the fees in a manner that
ensures that (A) the total amount collected equals the amount
reasonably necessary to defray the commission’s costs in
performing its administrative duties under this section, and (B) the
amount paid by each entity reasonably corresponds with the value
of the services provided to the entity.

(3) In developing guidelines the committee shall adopt an
allocation process that does all of the following:

(A) Creates an equitable distribution process that ensures that
low-income communities across the state have an opportunity to
benefit from the program.

(B) Sets minimum organizational capacity standards that
applicants must meet in order to receive an allocation of credits.

(C) Requires annual reporting by each community development
organization that receives an allocation. The report shall include,
but is not limited to, the impact the credit had on the low-income
community, the amount of moneys used, and the types of activities
funded through the equity investment. The reporting period shall
be for a period of eight years following the allocation of credits.

(D) Provides for an annual return of unused credits so that they
may be reallocated to other community development entities.

(E) Requires the committee to annually reserve the following:

(i) At least 15 percent of the tax credits for community
development entities that target businesses located in low-income
communities facing disproportionate environmental pollution.

(ii) At least 15 percent of the tax credits for community
development entities that target rural areas, including businesses
providing equipment or supplies to agricultural producers, packers,
handlers, and processors.

(iii) At least 20 percent of the tax credits for community
development entities that target businesses in inner-city areas.

(4) The committee shall annually report on its Internet Web site
the information provided by low-income community development
entities and on the geographic distribution of the credits.

(e) This section shall remain in effect only until December 1,
2020, and as of that date is repealed.

SEC. 5.  

Section 23622.9 is added to the Revenue and Taxation
Code, to read:

23622.9.  

(a) There is hereby created the California New
Markets Tax Credit Program as provided in this section and Section
17053.9. The purpose of this program is to stimulate economic
development, and hasten California’s economic recovery, by
authorizing tax credits for investment in California, including, but
not limited to, retail businesses, real property, financial institutions,
and schools. The California Tax Credit Allocation Committee shall
have responsibility for the administration of this program as
provided in this section and Section 17053.9.

(b) (1) For taxable years beginning on or after January 1, 2013,
and before January 1, 2020, there shall be allowed as a credit
against the “tax,” as defined in Section 23036, an amount
determined in accordance with Section 45D of the Internal Revenue
Code, as modified as set forth in this section.

(2) This credit shall be allowed only if the taxpayer holds the
qualified equity investment on the credit allowance date and each
of the six following anniversary dates of that date.

(c) Section 45D of the Internal Revenue Code is modified as
follows:

(1) (A) The references to “the Secretary” in Section 45D of the
Internal Revenue Code are modified to read “the committee.”

(B) For purposes of this section, “committee” means the
California Tax Credit Allocation Committee as described in
subdivision (a) of Section 50199.7 of the Health and Safety Code,
or any successor thereto.

(2) Section 45D(a)(2) of the Internal Revenue Code is modified
by substituting for “(A) 5 percent with respect to the first 3 credit
allowance dates, and (B) 6 percent with respect to the remainder
of the credit allowance dates.” with the following:

(A) Zero percent with respect to the first two credit allowance
dates.

(B) Seven percent with respect to the third credit allowance
date.

(C) Eight percent with respect to the remainder of the credit
allowance dates.

(3) The provisions of Section 45D(b) of the Internal Revenue
Code is modified as follows:

(A) Section 45D(b)(1) of the Internal Revenue Code is modified
by substituting “1 year” for “5 years” and “1-year period” for
“5-year period.”

(B) Section 45D(b)(3) of the Internal Revenue Code is modified
by substituting “qualified low-income community investments in
California” for “qualified low-income community investments.”

begin delete

(4) The following shall apply in lieu of the provisions of Section
45D(c)(2) of the Internal Revenue Code, relating to special rules
for certain organizations: “A domestic corporation or partnership
shall be deemed a ‘qualified community development entity’ if it
has entered into an allocation agreement with the Community
Development Financial Institutions Fund of the United States
Department of the Treasury with respect to credits authorized by
Section 45D of the Internal Revenue Code, as amended, and if the
allocation agreement includes the state within its service area.

end delete begin delete

(5)

end delete

begin insert (4) end insert  Section 45D(d)(1)(A) of the Internal Revenue Code, relating
to qualified low-income community investments, is modified to
include any capital or equity investment in, or loan to, any real
estate project begin insert or any operating business that, at the time the initial
investment is made, has 250 or less employees and is located end insert in a
low-income community. begin insert end insert begin insert The operating business shall meet all
other conditions of a qualified active low-income business, except
as modified by paragraphs (5) and (6). end insert

begin delete

(6)

end delete

begin insert (5) end insert  The term “qualified active low-income community business,”
as defined in Section 45D(d)(2) of the Internal Revenue Code is
modified as follows:

(A) Section 45D(d)(2)(A)(i) of the Internal Revenue Code is
modified by substituting “any low-income community in
California” for “any low-income community.”

(B) Section 45D(d)(2)(A)(ii) of the Internal Revenue Code is
modified by substituting “any low-income community in
California. ‘Substantial portion’ shall be defined as 40 percent or
more of the tangible property of the entity” for “any low-income
community.”

(C) Section 45D(d)(2)(A)(iii) of the Internal Revenue Code
shall not apply.

(D) The following shall apply in lieu of the provisions of Section
45D(d)(2)(C) of the Internal Revenue Code, relating to qualified
active low-income community business: “A ‘qualified active
low-income community business’ shall include begin delete startup businesses.” end delete begin insert end insert
begin insert an operating business that, at the time the initial investment is
made, has 250 or less employees and is located in a low-income
community. The operating business shall meet all other conditions
of a qualified active low-income business, except as modified by
this paragraph and paragraph (6). end insert begin insert ” end insert

begin delete

(7)

end delete

begin insert (6) end insert  Section 45D(e)(1) of the Internal Revenue Code is modified
to add the following: When the United States Census Bureau
discontinues using the decennial census to report median family
income on a census tract basis, census block group data shall be
used based on the American Community Survey.

begin delete

(8)

end delete

begin insert (7) end insert  The following shall apply in lieu of the provisions of Section
45(D)(f)(1) of the Internal Revenue Code, relating to national
limitation on amount of investments designated: “The aggregate
amount of credit that may be allowed in any calendar year pursuant
to this section and Section 17053.9 shall be begin delete thirty end delete begin insert forty end insert million
dollars begin delete ($30,000,000) end delete begin insert ($40,000,000) end insert . The committee shall limit
the allocation of credits permitted under this section and Section
17053.9 to a cumulative total of no more than two hundred million
dollars ($200,000,000).”

begin delete

(9)

end delete

begin insert (8) end insert  Section 45D(g)(3) of the Internal Revenue Code, relating
to recapture event, is modified by adding the following:
“Notwithstanding the provisions of this paragraph, a recapture
event shall not have occurred and an investment shall be considered
held by a community development entity upon its sale or
repayment, provided the qualified community development entity
reinvests an amount equal to the capital returned to or recovered
by the qualified community development entity from the original
investment, exclusive of any profits realized, in another qualified
low-income community investment within 12 months of the receipt
of that capital. A qualified community development entity shall
not be required to reinvest capital returned from a qualified
low-income community investment after the sixth anniversary of
the issuance of the qualified equity investment, the proceeds of
which were used to make the qualified low-income community
investment, and the qualified low-income community investment
shall be considered held by the qualified community development
entity through the seventh anniversary of the issuance of the
qualified equity investment.”

begin delete

(10)

end delete

begin insert (9) end insert  Section 45D(i) of the Internal Revenue Code, relating to
regulations, shall not apply.

(d) (1) The committee shall adopt guidelines necessary or
appropriate to carry out the purposes of this section. begin insert The guidelines
shall not disqualify a low-income community investment for the
single reason that public or private incentives, loans, equity
investments, technical assistance, or other forms of support have
been or continue to be provided. end insert The adoption of the guidelines
shall not be subject to the rulemaking provisions of the
Administrative Procedure Act of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.

(2) The committee shall establish and impose reasonable fees
upon entities that apply for the allocation pursuant to subdivision
(d) and use the revenue to defray the cost of administering the
program. The committee shall establish the fees in a manner that
ensures that (A) the total amount collected equals the amount
reasonably necessary to defray the commission’s costs in
performing its administrative duties under this section, and (B) the
amount paid by each entity reasonably corresponds with the value
of the services provided to the entity.

(3) In developing guidelines the committee shall adopt an
allocation process that does all of the following:

(A) Creates an equitable distribution process that ensures that
low-income communities across the state have an opportunity to
benefit from the program.

(B) Sets minimum organizational capacity standards that
applicants must meet in order to receive an allocation of credits.

(C) Requires annual reporting by each community development
organization that receives an allocation. The report shall include,
but is not limited to, the impact the credit had on the low-income
community, the amount of moneys used, and the types of activities
funded through the equity investment. The reporting period shall
be for a period of eight years following the allocation of credits.

(D) Provides for an annual return of unused credits so that they
may be reallocated to other community development entities.

(E) Requires the committee to annually reserve the following:

(i) At least 15 percent of the tax credits for community
development entities that target businesses located in low-income
communities facing disproportionate environmental pollution.

(ii) At least 15 percent of the tax credits for community
development entities that target rural areas, including businesses
providing equipment or supplies to agricultural producers, packers,
handlers, and processors.

(iii) At least 20 percent of the tax credits for community
development entities that target businesses in inner-city areas.

(4) The committee shall annually report on its Internet Web site
the information provided by low-income community development
entities and on the geographic distribution of the credits.

(e) This section shall remain in effect only until December 1,
2020, and as of that date is repealed.

SEC. 6.  

Section 23623 of the Revenue and Taxation Code, as
added by Section 8 of Chapter 10 of the Third Extraordinary
Session of the Statutes of 2009, is repealed.

SEC. 7.  

Section 23623 of the Revenue and Taxation Code, as
added by Section 8 of Chapter 17 of the Third Extraordinary
Session of the Statutes of 2009, is amended to read:

23623.  

(a) For each taxable year beginning on or after January
1, 2009, there shall be allowed as a credit against the “tax,” as
defined in Section 23036, three thousand dollars ($3,000) for each
net increase in qualified full-time employees, as specified in
subdivision (c), hired during the taxable year by a qualified
employer.

(b) For purposes of this section:

(1) “Acquired” includes any gift, inheritance, transfer incident
to divorce, or any other transfer, whether or not for consideration.

(2) “Qualified full-time employee” means:

(A) A qualified employee who was paid qualified wages during
the taxable year by the qualified employer for services of not less
than an average of 35 hours per week.

(B) A qualified employee who was a salaried employee and
was paid compensation during the taxable year for full-time
employment, within the meaning of Section 515 of the Labor Code,
by the qualified employer.

(3) A “qualified employee” shall not include any of the
following:

(A) An employee certified as a qualified employee in an
enterprise zone designated in accordance with Chapter 12.8
(commencing with Section 7070) of Division 7 of Title 1 of the
Government Code.

(B) An employee certified as a qualified disadvantaged
individual in a manufacturing enhancement area designated in
accordance with Section 7073.8 of the Government Code.

(C) An employee certified as a qualified employee in a targeted
tax area designated in accordance with Section 7097 of the
Government Code.

(D) An employee certified as a qualified disadvantaged
individual or a qualified displaced employee in a local agency
military base recovery area (LAMBRA) designated in accordance
with Chapter 12.97 (commencing with Section 7105) of Division
7 of Title 1 of the Government Code.

(E) An employee whose wages are included in calculating any
other credit allowed under this part.

(4) “Qualified employer” means a taxpayer that, as of the last
day of the preceding taxable year, employed a total of 20 or fewer
employees.

(5) “Qualified wages” means wages subject to Division 6
(commencing with Section 13000) of the Unemployment Insurance
Code.

(6) “Annual full-time equivalent” means either of the following:

(A) In the case of a full-time employee paid hourly qualified
wages, “annual full-time equivalent” means the total number of
hours worked for the taxpayer by the employee (not to exceed
2,000 hours per employee) divided by 2,000.

(B) In the case of a salaried full-time employee, “annual
full-time equivalent” means the total number of weeks worked for
the taxpayer by the employee divided by 52.

(c) The net increase in qualified full-time employees of a
qualified employer shall be determined as provided by this
subdivision:

(1) (A) The net increase in qualified full-time employees shall
be determined on an annual full-time equivalent basis by
subtracting from the amount determined in subparagraph (C) the
amount determined in subparagraph (B).

(B) The total number of qualified full-time employees employed
in the preceding taxable year by the taxpayer and by any trade or
business acquired by the taxpayer during the current taxable year.

(C) The total number of full-time employees employed in the
current taxable year by the taxpayer and by any trade or business
acquired during the current taxable year.

(2) For taxpayers who first commence doing business in this
state during the taxable year, the number of full-time employees
for the immediately preceding prior taxable year shall be zero.

(d) In the case where the credit allowed by this section exceeds
the “tax,” the excess may be carried over to reduce the “tax” in
the following year, and succeeding seven years if necessary, until
the credit is exhausted.

(e) Any deduction otherwise allowed under this part for qualified
wages shall not be reduced by the amount of the credit allowed
under this section.

(f) For purposes of this section:

(1) All employees of the trades or businesses that are treated as
related under either Section 267, 318, or 707 of the Internal
Revenue Code shall be treated as employed by a single taxpayer.

(2) In determining whether the taxpayer has first commenced
doing business in this state during the taxable year, the provisions
of subdivision (g) of Section 24416.20, without application of
paragraph (7) of that subdivision, shall apply.

(g) (1) (A) Credit under this section and Section 17053.80 shall
be allowed only for credits claimed on timely filed original returns
received by the Franchise Tax Board on or before the cutoff date
established by the Franchise Tax Board.

(B) For purposes of this paragraph, the cutoff date shall be the
last day of the calendar quarter within which the Franchise Tax
Board estimates it will have received timely filed original returns
claiming credits under this section and Section 17053.80 that
cumulatively total begin delete one end delete begin insert two end insert hundred million dollars begin delete ($100,000,000) end delete
begin insert ($200,000,000) end insert for all taxable years.

(2) The date a return is received shall be determined by the
Franchise Tax Board.

(3) (A) The determinations of the Franchise Tax Board with
respect to the cutoff date, the date a return is received, and whether
a return has been timely filed for purposes of this subdivision may
not be reviewed in any administrative or judicial proceeding.

(B) Any disallowance of a credit claimed due to a determination
under this subdivision, including the application of the limitation
specified in paragraph (1), shall be treated as a mathematical error
appearing on the return. Any amount of tax resulting from such
disallowance may be assessed by the Franchise Tax Board in the
same manner as provided by Section 19051.

(4) The Franchise Tax Board shall periodically provide notice
on its Internet Web site with respect to the amount of credit under
this section and Section 17053.80 claimed on timely filed original
returns received by the Franchise Tax Board.

(h) (1) The Franchise Tax Board may prescribe rules,
guidelines, or procedures necessary or appropriate to carry out the
purposes of this section, including any guidelines regarding the
limitation on total credits allowable under this section and Section
17053.80 and guidelines necessary to avoid the application of
paragraph (2) of subdivision (f) through splitups, shell corporations,
partnerships, tiered ownership structures, or otherwise.

(2) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to
any standard, criterion, procedure, determination, rule, notice, or
guideline established or issued by the Franchise Tax Board
pursuant to this section.

(i) This section shall remain in effect only until December 1 of
the calendar year after the year of the cutoff date, and as of that
December 1 is repealed.

SEC. 8.  

Notwithstanding Section 50199.9 of the Health and
Safety Code, or any other law, the sum of one hundred fifty
thousand dollars ($150,000) is hereby appropriated from the Tax
Credit Allocation Fee Account to the California Tax Credit
Allocation Committee for purposes of implementing the California
New Markets Tax Credit Program as provided in Sections 17053.9
and 23622.9 of the Revenue and Taxation Code. The appropriated
funds shall remain in the Tax Credit Allocation Fee Account until
such time as the funds are required for purposes of implementing
this new program, and shall be available for expenditure only until
January 1, 2020. It is the intent of the Legislature that these
appropriated funds shall be reimbursed by the application fees
collected by the committee for this new program.

SEC. 9.  

This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.