BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                               AB 653
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       Date of Hearing:   April 23, 2013

           ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT AND THE ECONOMY
                                  Jose Medina, Chair
                AB 653 (V. Manuel Pérez) - As Amended:  April 16, 2013
        
       SUBJECT  :   State government.

        SUMMARY  :  Establishes the California Innovation and Jobs Act, which  
       increases the maximum value of the research and development credit (R&D  
       Credit), eliminates state sales tax on manufacturing equipment,  
       authorizes a new tax credit for private investments in postsecondary  
       institutions, and codifies the California Innovation Hub (iHub)  
       Program.  Specifically,  this bill  :

       1)Makes findings and declarations including, but not limited to,  
         California's economy has declined over the past decade from being the  
         sixth largest to the ninth largest economy in the world, the state  
         has continued to experience budget deficits since the "dot com"  
         economic bubble burst in 2000, and the solution to California's  
         decline is not to simply cut budgets and raise taxes.  The answer,  
         this bill states, is in developing a long-term economic plan that  
         envisions the state as becoming a better partner to attract private  
         sector capital in order to spur economic growth and create jobs.

       2)Codifies and expands the iHub Program at the Governor's Office of  
         Business and Economic Development (GO-Biz) for the purpose of  
         designating regional iHubs to support collaborations and coordinate  
         federal, state and local innovation-supporting resources.

          a)   Establishes proposal criteria for applicants to the iHub  
            Program that includes a statement of purpose, business plan, and  
            list of goals and expectations for job development and business  
            creation; a statement of cooperation listing each entity involved  
            with the partnership and a description of their role; and an  
            explanation of the industry focus and geographic boundaries of the  
            proposed iHub.


          b)   Requires iHubs to include at least: one major university or  
            research center; one economic development organization; and four  
            of the following including: a business support organization; An  
            educational consortium;  a venture capital network including angel  
            investors; a business foundation, science foundation, laboratory  
            research institution, federal laboratory, or research and  








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            development facility; a municipal economic division or department;  
            and/or a federal government partner such as a national laboratory.


          c)   Specifies that iHubs may, among other things:


            i)     Provide counseling and technical assistance in business  
              planning, management, financing, and marketing;
            ii)    Provide advice on starting a business and accessing  
              financing opportunities;
            iii)   Conduct business workshops, seminars, and conferences with  
              local partners; and
            iv)    Facilitate partnerships between start-ups and research  
              institutions with venture capitalists and financial  
              institutions.

          d)   Requires GO-Biz to collaborate with the Department of General  
            Services to identify unoccupied and underutilized state-owned or  
            leased property that could be used by the iHub Program for the  
            purpose of establishing proof of concept centers, incubators, and  
            demonstration sites.  The value of the free use of  
            state-controlled property can be used in lieu of a cash match to  
            increase the likelihood of qualifying for federal funding.

       3)Exempts the gross receipts on the sales of specified equipment from  
         specified state and local taxes, beginning on January 1, 2014.

          a)   Specifies that this exemption applies to manufacturers,  
            software publishers, biotechnology R&D, and electric power  
            generation facilities (not including hydroelectric, fossil fuel,  
            nuclear).
          b)   Provides that the equipment be used primarily in the  
            manufacturing, processing, refining, fabricating, or recycling of  
            tangible personal property including:

            i)     Machinery and equipment including components and  
              contrivances such as belts and shafts;
            ii)    All equipment or devises used to operate, control,  
              regulate, or maintain machinery;
            iii)   Tangible personal property used in pollution control that  
              meets or exceeds standards established by the state or any local  
              or regional government agency within the state;
            iv)    Special purpose buildings and foundations used as an  
              integral part of the manufacturing, processing, refining, or  








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              fabricating process, that constitute a research or storage  
              facility used in the manufacturing process.  This does not  
              include warehousing; and
            v)     Tangible personal property used in recycling.

          c)   Requires the retailer to furnish the purchaser with the  
            exemption certificate, as specified;
          d)   Requires that the equipment remain in California and used for  
            an allowable purpose for at least one year in order to maintain  
            the tax exemption.  If these requirements are not met, the  
            purchaser owes the taxes, plus interest.
          e)   Authorizes the exemption to apply to leases which are  
            classified as a "continuing sale" or a "continuing purchase." 
          f)   Requires the Board of Equalization (BOE) to establish a process  
            for qualified persons interested in obtaining an exemption  
            certificate to electronically apply for and obtain a certificate,  
            once BOE has the appropriate information technology capability.

       4)Increases the value of the qualified and basic R&D Credit:

          a)   Under the Personal Income Tax Law (PIT), incrementally  
            increases the credit percentage applied to qualified research  
            expenses in excess of the base amount from 15% to 30% over the  
            five-year period beginning with taxable year 2014 and ending with  
            taxable year 2018;
          b)   Under the Corporate Tax Law (CT), incrementally increases the  
            credit percentage applied to qualified research expenses in excess  
            of the base amount from 15% to 40% over the five year period  
            beginning with taxable year 2014 and ending with taxable year  
            2018; and
          c)   Under the CT, incrementally increases the credit percentage  
            applied to basic research payments from the current 24% to 40% at  
            a rate of 5% for four years and 1% in the fifth year over the five  
            taxable years 2014 through 2018.

       5)Authorizes a credit under both the PIT and the CT against net taxes  
         worth 25% of the qualified contribution by a business entity to a  
         postsecondary educational institution.

          a)   Requires the contribution be used for curriculum or research  
            leading to job opportunities in the private sector or consultation  
            services associated with the establishment of curriculum or  
            research leading to job opportunities in the private sector; 
          b)   Requires that the curriculum be in an area where there is  
            substantial potential for the future employment of students as a  








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            result of the contribution; and 
          c)   Allows for the carry forward of the credit until the value of  
            the credit is exhausted.

       6)Specifies that the Economic Development Fund is continuously  
         appropriated.

       7)Provides no reimbursement for loss of local sales tax.

       8)Specifies that provisions of the bill are severable.

       9)Includes an urgency clause.

        EXISTING LAW  

       1)Establishes GO-Biz within the Governor's Office for the purpose of  
         serving as the lead state entity for economic strategy and marketing  
         of California on issues relating to business development, private  
         sector investment and economic growth.  GO-Biz also serves as the  
         administrative oversight for the California Business Investment  
         Service and the Office of the Small Business Advocate.

       2)Imposes a sales tax on retailers for the opportunity to sell tangible  
         personal property, absent a specific exemption.  

       3)Imposes a use tax on the storage, use, or consumption of tangible  
         personal property purchased from any retailer.

       4)Allows a credit against the taxes imposed under the PIT and the CT  
         for increasing research expenses over a base amount.  The credit  
         allowed under the PIT and the CT is equal to 15% of the excess  
         qualified research expenses over the base year amount for the taxable  
         year and, under the CT, 24% for payments to qualified research  
         organizations for basic research.  Qualified research expenses must  
         be related to research conducted in California and include amounts  
         paid or incurred for wages and supplies in the conduct of qualified  
         research as well as contract research expenses.  Qualified research  
         expenses also include payments made to qualified organizations  
         (including educational institutions and certain scientific research  
         organizations) for basic research.  

       5)Provides for an alternative research credit calculation under the PIT  
         and the CT.  A taxpayer may elect to compute the research credit  
         using the alternative incremental credit calculation.  The  
         alternative incremental credit is equal to the sum of three tiers of  








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         the qualified research expenses in excess of a base amount; each tier  
         calculated using an increasing percentage.  The first tier is 1.49%  
         of the total qualified research expenses for the taxable year that  
         exceeds 1% but not more than 1.5% of the average annual gross  
         receipts; the second tier is 1.98% of the total qualified research  
         expenses for the taxable year that exceeds 1.5% but not 2% of the  
         average annual gross receipts; tier three is 2.48% of the total  
         qualified research expenses for the taxable year that exceeds 2% of  
         the average annual gross receipts.

        FISCAL EFFECT  :   Unknown 

        COMMENTS  :   

        1)Framing the Policy Issue  :  This measure proposes the addition and  
         enhancement of existing business incentives.  These incentives are  
         designed to foster California's long-term economic growth in  
         innovation-based industries.  Historically, this has been an area in  
         which California has enjoyed a comparative advantage, not only  
         relative to other states but also to other regions of the world.  In  
         the last decade, however, other states, such as Massachusetts, and  
         other countries, such as Singapore, have begun to implement more  
         targeted economic development activities to attract innovation-based  
         industries.  

         These changes are a cause for concern and suggest that California  
         cannot be passive or assume that what was true in 1990 will continue  
         to be true in the 21st century.  This bill proposes a significant and  
         comprehensive economic development agenda to affirmatively focus the  
         states activities into attracting and growing innovation-based  
         businesses.  This analysis includes information on the development of  
         the bill, the drivers and challenges of the California economy,  
         background on GO-Biz and related legislation.  Suggested amendments  
         are included in comment 7.

        2)Legislative Hearing and Research Contributed to Bill  :  The Innovation  
         and Jobs Creation Act was developed in response to testimony and  
         research from an August 2012 hearing of the Assembly Committee on  
         Jobs, Economic Development and the Economy, (JEDE) chaired by the  
         author of AB 653.  One of the key hearing findings was the growing  
         importance of publicly advancing a coordinated economic  
         revitalization blueprint.  

         The hearing was held jointly with the Assembly Select Committees on  
         High Technology, chaired by Assemblymember Paul Fong, and the  








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         Assembly Select Committee on Government Efficiently, Technology, and  
         Innovation, chaired by Assemblymember Buchanan.  Central to the  
         Member's deliberations was the importance of how California must  
         retain its competitive edge and historic position as a "first mover"  
         among nations.   Key recommendations from the hearing include: 

         1.   Enhancing the state's R&D capacity;
         2.   Incentivizing businesses to invest in our higher education  
         system;
         3.   Creating an equal playing field for manufacturing; and 
         4.   Supporting industrial innovation through government reforms.

         Follow-up to the hearing also resulted in the establishment of a  
         nonprofit sponsored "Innovation State" web-platform to help Members  
         of the Legislature and the public keep abreast of innovation issues,  
         connect with business and industry leaders, and to facilitate a  
         high-level statewide dialogue on California's innovation future. 

        3)Drivers in California's Future Economy  :  For decades, California has  
         been known as a place where innovation and creativity flourishes.  A  
         2007 study on California's global competitiveness identified eight  
         key dominant and emerging industry clusters including high-tech  
         manufacturing, biotech and clean technologies.  In 2011, California  
         remained the number one state in the U.S. for attracting foreign  
         direct investment and venture capital (51% of total dollars).  Over  
         931,000 Californians are employed in high tech jobs, and biotech  
         continues to be a dominant industry sector in both Northern and  
         Southern California providing $115 billion in annual revenues and  
         employing 267,271 individuals. 

         While research shows that the state is uniquely positioned to be a  
         preferred global partner in the areas of innovation, science, and  
         technology, the state also needs to adapt to the reality of a growing  
         talent pool in other countries and the global redistribution of  
         manufacturing abroad.   Emerging economies around the world are  
         striving to become leaders in innovation and not merely "copycat"  
         economies of the U.S.    
         Although these dynamics may pose challenges to current leading  
         technology centers, for California they offer new opportunities for  
         collaboration and cooperation.  With its diverse population and  
         access to world-class research universities and national  
         laboratories, the state is a highly prized academic and research  
         partnership.  As early as 2004, the state had bi-national research  
         initiatives with Canada and Iceland on renewable energy and other  
         technologies.  The University of California at San Diego has a  








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         multi-year manufacturing initiative with Mexico, supporting economic  
         growth on both sides of the border.  AB 653 proposes to take the  
         state's commitment to innovation and technology-based industries to  
         another level by formally codifying the state's iHub Program,  
         enhancing and creating innovation inducing tax provisions, and having  
         the state directly engage in the testing and demonstration of new  
         products, services and processes.  
         
        4)Challenges to California's Competitiveness  : A consensus of research  
         recognizes that innovation-based industries are primary drivers of  
         economic competitiveness in today's global economy.  California is a  
         leader in many cutting-edge industries and home to many world-leading  
         businesses; however, California's business climate is a cause of  
         concern.

         JEDE tracks a variety of surveys, indexes, and reports that assess  
         California's business climate, and the general consensus is that  
         California's biggest weakness in attracting and retaining businesses  
         is that California is a high cost state.  Business climate indexes  
         that focus on taxes and costs consistently score California poorly.   
         California has the 2nd highest income tax burden in the nation, and  
         the 11th highest sales tax burden.  Relative to the cost of doing  
         business, California has the 8th highest average retail cost of  
         electricity.  Even among high cost states, California have challenges  
         as seen by the state's ranking as 16th in the nation relative  
         educational attainment of residents age 25 or older.  Other state  
         rankings:  Massachusetts (1st) and New York (9th).

         A recent survey of manufacturers illuminates several of the  
         deficiencies of California's business climate.  Of the 18% of  
         manufacturers that considered expanding in California in 2011, only  
         2.2% chose California.  This compares poorly with other major states  
         such as Ohio (12% consideration rate, capturing 11.3% of national  
         manufacturer expansion/relocations), Texas (11% consideration rate,  
         capturing 6.9% expansions/relocations), and North Carolina (10%  
         consideration rate, capturing 7.2% expansions/relocations).  The  
         reasons most commonly cited for not expanding in California were the  
         costly regulatory environment, high taxes, high labor costs, and  
         insufficient incentives and credits.   

         According to the sponsor, the California Hispanic Chambers of  
         Commerce, AB 653 is strategically designed to address these  
         challenges.  Leading the strategy is the 40% credit on increases in  
         California research, which the sponsor expects could increase state  
         R&D investments by an additional $5.2 billion.  The iHub Program will  








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         further drive regional collaboration and commercialization of new  
         products.    Access to these new technologies will give California  
         manufactures an advantage, as will the sales tax exclusion on  
         manufacturing related equipment.  Being one of the few states that  
         still charge sales tax on manufacturing equipment is generally  
         identified as a competitive disadvantage to the state.  

         In order to support advanced manufacturing and other innovation-based  
         businesses, the bill proposes a 40% credit to encourage businesses to  
         contribute to development of relevant curricula and training programs  
         at post-secondary institutions.  A 2011 report by McKinsey & Company  
         reported that over the next decade, the U.S. will face a shortfall of  
         approximately 1.9 million technical and analytical workers.  This  
         education institution credit is designed to provide a ready supply of  
         trained technicians during the R&D phase, high-skill manufacturing  
         personnel and trained employees to support small and medium size  
         businesses within the supply chain.

        5)Costly Package  :  AB 653 enhances two and creates a new business  
         incentive related to innovation based industries.  The exact cost of  
         these incentives has yet to be estimated by the Franchise Tax Board  
         and the Board of Equalization.  Unfortunately when these estimates  
         are completed there will be no dynamic analysis of what the  
         incentives might bring to California nor the impact of not responding  
         to the changing global economy will mean to California workers,  
         businesses and tax base.   

        6)Governor's Office of Business and Economic Development  :  In April  
         2010, the Governor's Office of Economic Development was established  
         to provide a One-Stop-Shop for serving the needs of businesses and  
         economic developers.  While initially established through Executive  
         Order S-01-10, the office was later codified and renamed as the  
         Governor's Office of Business and Economic Development (GO-Biz), in  
         AB 29, Chapter 475, Statues of 2010.  In 2012, GO-Biz directly  
         assisted 5,308 companies, resulting in the creation and/or retention  
         of 9,050 jobs and $1.45 billion in investments.   

         Among other programs, GO-Biz provides permit and other technical  
         assistance for new and expanding businesses, as well as administering  
         the iHUB Program in partnership with the statewide network of 12  
         regional economic development partnerships. The iHub Program is  
         designed to improve the state's national and global competitiveness  
         by stimulating regional collaborations around specific  
         innovation-based industry clusters.  Key assets and partners of the  
         initiative include technology incubators, research parks,  








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         universities, federal laboratories, economic development  
         organizations, business groups, and venture capitalists.

         In 2012, the Governor initiated, and the Legislature approved, a  
         comprehensive reorganization of the state's administrative structure.  
          Key changes included the dismantling of the Business, Transportation  
         and Housing Agency (BTH) and further consolidating GO-Biz' position  
         as the state's lead in economic development.  Effective July 1, 2013,  
         GO-Biz will have administrative authority for more economic  
         development related programs and services including the Small  
         Business Loan Guarantee Program and the Infrastructure and Economic  
         Development Bank.  AB 653 codifies an existing program at GO-Biz.   

        7)Technical Issues  :  Putting forth a comprehensive innovation package  
         can be challenging from a technical standpoint.  Below are a list of  
         issues that the author may wish to address to clarify its purposes  
         and ensure its successful implementation.

           a)   iHUB  :  AB 653 includes language substantively similar to AB 250  
            (Holden and V. Manuel Pérez).  When AB 250 passed the JEDE  
            committee on April 9, 2013, the committee approved a series of  
            amendments, which include the following:

            i)     Authorize joint applications;  
            ii)    Revise the definition of iHubs to more accurately capture  
              all the expected innovation partners including private sector  
              firms and industries, academic institutions, economic  
              development organizations, and local governments;  
            iii)   Set a 5-year term of the designation and a mechanism for  
              the de-designation of an iHub;
            iv)    Specify that iHubs are designated through an memorandum of  
              understand that includes the goals and performance standards set  
              out in the application;
            v)     Allow for more than one iHub in a region to the extent that  
              industry focuses are different;
            vi)    Require GO-Biz to annually aggregate outcomes from the  
              iHubs; and
            vii)   Identify two additional technical assistance stakeholders -  
              Small Business Development Centers and the microenterprise  
              development organizations.   

           b)   Sales Tax Exemption  :  Providing a sales tax exemption on  
            manufacturing equipment is consistently identified as a top  
            priority among economic developers.  Below are amendment  
            suggestions:








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            i)     Remove the local sales tax component in order to allow  
              local communities have the option of waiving the local portion  
              of sales tax; 
            ii)    Remove the limitation on pollution control equipment or  
              clarify that the limitation only applies if the manufacturer is  
              purchasing a self-contained piece of equipment; and
                                                                              iii)   Require the taxpayer to notify the BOE that the equipment  
              is being taken out of California or its use no longer meets the  
              requirements of the exemption.

           c)   Postsecondary Education Credit  :  There is a worldwide shortage  
            of medium an high skilled workers making a trained workforce a key  
            competitive advantage. 
            i)     Define a postsecondary education facility to only include  
              accredited institutions including career technology;
            ii)    Limit the carry forward to 10 years;
            iii)   Require the postsecondary education facility to issue the  
              taxpayer a tax credit certificate and to annually report to the  
              FTB the names and taxpayer IDs of qualified contributors;
            iv)    Require the postsecondary education facility to maintain  
              the records of the certificates;

        8)Related Legislation  :  Below is a list of related legislation.

           a)   AB 250 (Holden and V. Manuel Pérez) California Innovation Hub  
            Program  :  This bill codifies and expands the California Innovation  
            Hub (iHub) Program at the Governor's Office of Business and  
            Economic Development (GO-Biz) for the purpose of stimulating  
            economic development and job creation through the coordination of  
            federal, state and local innovation-supporting resources.  Status:  
             Pending in the Assembly Committee on Appropriations.

           b)   AB 699 (Portantino and V. Manuel Pérez) State Economic and  
            Innovation Strategy  :  This bill would have updated the  
            requirements for the development of a State Economic Development  
            Strategy, especially in the areas of technology and innovation,  
            and requires it be submitted to the Legislature by May 1, 2010.   
            Status:  Held in Assembly Appropriations Committee in 2009.

           c)   AB 744 (John A. Pérez) Office of Intellectual Property  :  This  
            bill required the Department of General Services to assist state  
            agencies in the management and development of intellectual  
            property that was developed by state employees or with state  
            funding.  Among other duties, the department is required to  
            develop a database of state-owned intellectual property starting  








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            January 1, 2015.  Status:  Signed by the Governor, Chapter 463,  
            Statutes of 2012. 

           d)   AB 894 (V. Manuel Pérez) California Manufacturing  
            Competitiveness Act of 2011  :  This bill would have established a  
            loan and loan guarantee program to enable the state to draw down  
            federal dollars to support the retooling and expansion of  
            manufacturing in California.  Status:  Vetoed by the Governor,  
            2011 

           e)   AB 2506 (V. Manuel Pérez) California Innovation and Jobs Act  :   
            This bill would have increased the state R&D credit from 15% to  
            40%, eliminated sales tax on manufacturing equipment, authorized a  
            new tax credit for private investments in postsecondary  
            institutions, required state agencies to submit regulatory actions  
            to the Legislature 60 days prior to submitting those actions to  
            the Office of the Administrative Law, and authorized the creation  
            of regional innovation boards.  Status:  Held in the Assembly  
            Committee on Business, Professions, and Consumer Protection in  
            2012.   

           f)   AB 2711 (Portantino, Arambula, Price and Salas) State  
            Technology and Innovation Strategy  : This bill would have required  
            the Secretary of the Business, Transportation and Housing Agency  
            to develop a comprehensive state technology and innovation  
            strategy to guide future state expenditures and activities.   
            Status:  Held under submission in the Assembly Committee on  
            Appropriations in 2008.

        9)Double Referral  :  This measure has been double referred by the  
         Assembly Committee on Rules to two policy committees.  Should AB 653  
         pass JEDE, it will be referred to the Assembly Committee on Revenue  
         and Taxation for further policy review.

        REGISTERED SUPPORT / OPPOSITION  :   

        Support 
        
       California Hispanic Chamber of Commerce (sponsor)
       BIOCOM

        Opposition 
        
       None received 
        








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       Analysis Prepared by  :    Toni Symonds and Zachary Hutsell / J., E.D. &  
       E. / (916) 319-2090