BILL ANALYSIS                                                                                                                                                                                                    �







         ----------------------------------------------------------------------- 
        |Hearing Date:June 24, 2013         |Bill No:AB                         |
        |                                   |1399                               |
         ----------------------------------------------------------------------- 


                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                          Senator Curren D. Price, Jr., Chair
                                           

                       Bill No:  AB 1399  Author:  Committee on Jobs, 
                                                 Economic Development and the  
                                        Economy
                     As Introduced:     March 11, 2013Fiscal:  Yes

        
        SUBJECT:  Economic development. 
        
        SUMMARY:  Makes technical changes to the Government Code relating to  
        the transfer of economic related programs from the Business,  
        Transportation and Housing Agency (BTH) to the Governor's Office of  
        Business and Economic Development (GO-Biz).

        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.  (Government  
          Code (GC) �� 12096 - 12098.5)

        2)Requires BTH to administer the Economic Adjustment Assistance Grant,  
          funded through the United States Economic Development Administration  
          under Title IX of the Public Works and Economic Development Act of  
          1965 (Grant No. 07-19-02709 and 07-19-2709.1).  Provides that all  
          federal moneys held in the Sudden and Severe Economic Dislocation  
          Grant Account within the Special Deposit Fund are transferred to the  
          Small Business Expansion Fund created pursuant to Section 14030 of  
          the Corporations Code for expenditure by BTH.  
        (GC � 13997.7)

        This bill:





                                                                        AB 1399
                                                                         Page 2




        1) Transfers administration of the Economic Adjustment Assistance  
           Grant and the Sudden and Severe Economic Dislocation Grant Program  
           from BTH to GO-Biz. 

        2) Renumbers within statute the following definitions (no changes have  
           been made to the definitions):

           a)   Local Economic Development Organization

           b)   Financial Intermediary

           c)   Local Economic Development Organization

           d)   California Council on Science and Technology

           e)   Regional Economic Development Organization

           f)   Regional Economic Development Corporation

           g)   Small Businesses

           h)   Economic Development Corporation

           i)   Community Development

           j)   Triple Bottom Line

           aa)  Financial Institution Capital

           bb)  Economic Development

           cc)  Community Development Intermediary

           dd)  Local Economic Development

           ee)  Microbusiness Lender

           ff)  Emerging Domestic Market

        FISCAL EFFECT:  This bill is keyed "fiscal" by Legislative Counsel.   
        According to the Assembly Committee on Appropriations dated May 8,  
        2013, this bill will result in negligible fiscal impact.

        COMMENTS:
        





                                                                        AB 1399
                                                                         Page 3



        1. Purpose.  The Author is the sponsor of this measure.  According to  
           the Author, current law places the definitions for specified  
           economic development terms within the code sections related to the  
           activities of BTH.  On July 1, 2013, BTH will cease to exist and  
           its programs and authorities will either be eliminated or  
           transferred to other existing and new state government entities.   
           According to the Author, this bill transfers, without substantive  
           changes, key economic development definitions, as well as the  
           authority to administer the Economic Adjustment Assistance Grant  
           and the Severe Economic Dislocation Grant from BTH to GO-Biz.

        2. Governor's Office of Business and Economic Development (GO-Biz).   
           In February 2010, the Little Hoover Commission undertook a review  
           of the state's economic and workforce development programs.  In its  
           final report, Making up for Lost Ground:  Creating a Governor's  
           Office of Economic Development, it analyzed the status and  
           effectiveness of current programs since the 2003 demise of the  
           Technology, Trade and Commerce Agency and recommended the creation  
           of a new governmental entity to fill the void left by the  
           dismantled agency.

           The report called for a single entity that would promote greater  
           economic development, foster job creation, serve as a policy  
           advisor and deliver specific services (i.e., permitting, tax,  
           regulatory, and other information) directly to the California  
           business community.  In April 2010, Governor Schwarzenegger issued  
           Executive Order S-05-10 as a means to operationalize the report  
           recommendations including the creation of the Governor's Office of  
           Economic Development (GOED).

           In October 2011, the Governor signed AB 29 (cited and described  
           below), which effectively codified GOED and changed its name to  
           GO-Biz, effective January 1, 2012.  Since its inception, the office  
           has served over 3,000 businesses, 95% of which are small.  The most  
           frequent types of assistance include help with permit streamlining,  
           starting a businesses, relocation and expansion of businesses, and  
           regulatory challenges.  

           One key initiative of GO-Biz is the "strike teams" which can be  
           mobilized to help attract and/or retain specific businesses.   
           Strike teams are especially well suited to engage with major  
           employers and have been successfully activated to assist Bayer  
           Healthcare, Jazz Semiconductor, and Baxter Pharmaceutical to locate  
           and/or expand in California.
             
           In March 2012, the Governor initiated a reorganization process to  





                                                                        AB 1399
                                                                         Page 4



           realign the state's administrative structure in Governor's  
           Reorganization Plan 2 (GRP 2).  Among other changes, the GRP 2  
           reduced the number of state agencies by eliminating give agencies  
           and merging their responsibilities into three new agencies:   
           Government Operations; Buisness, Consumer Services and Housing; and  
           Transportation.  Key changes include dismantling of BTH and the  
           shifting of a number of key programs and services to GO-Biz  
           including the Small Business Loan Guarantee Program, the California  
           Travel and Tourism Commission, the California Film Commission, the  
           Film California First Program and the Infrastructure and Economic  
           Development Bank (I-Bank).  

        3. Economic Adjustment Assistance Grant.  The federal Economic  
           Adjustment Assistance Grant program was initially designated to be  
           administered through the Technology, Trade, and Commerce Agency  
           (TTCA), which was eliminated in 2003.  Although the State  
           Controller retained the money for uses consistent with the federal  
           program, no state entity had authority to actually use the money.   
           In 2008, BTH was designed to administer the program and the moneys  
           were transferred to the California Expansion Fund to be used under  
           contract through the small business financial development  
           corporations (FDCs).  BTH is now going to be eliminated and a new  
           administering entity needs to be provided for these programs.  GRP  
           2 consolidates several economic development programs at GO-Biz  
           including contracting authority for FDCs.

        4. Prior Related Legislation.   AB 29  (John A. P�rez, Chapter 475,  
           Statutes of 2011) established GO-Biz within the Governor's Office  
           for the purpose of serving as the lead entity for economic strategy  
           and marketing of California on issues relating to business  
           development, private sector investment and economic growth.

            SB 1259  (DeSaulnier) of 2010, would have created the Economic  
           Development and Job Creation Agency and require the appointed  
           Secretary of the Agency to develop a reorganization plan, propose a  
           structure for the agency, and perform specified duties relating to  
           economic development and job creation.  (  Status:   This bill was  
           held in the Senate Committee on Appropriations.)
            AB 2287  (Bass) of 2010, would have established the Office of  
           Economic Development, which includes the California Business  
           Investment Services Program, within the then-Governor's Economic  
           Development Office.  (  Status:   This bill was held in the Assembly  
           Committee on Jobs, Economic Development and the Economy.)
            
           AB 2734  (John A. Perez) of 2010 would have created the Office of  
           Economic Development, which includes the California Business  





                                                                        AB 1399
                                                                         Page 5



           Investment Services Program, within the Governor's Office.   
           Required the Office to serve the Governor as the lead entity for  
           economic strategy and marketing of California and make  
           recommendations to the Governor and Legislature regarding polices,  
           programs, and actions to advance statewide economic goals.  
           (  Status  : This measure was vetoed by the Governor in 2010.  In his  
           veto message, the Governor indicated that he was "disappointed at  
           the insistence of the State Senate to make the director of this  
           office subject to confirmation, which inappropriately infringes on  
           the rights and powers of my office.")

            AB 1558  (V. Manuel Perez) of 2009, would have reorganized the  
           state's economic development efforts by eliminating the duties of  
           the Secretary of Business, Transportation and Housing and transfer  
           modified duties to a Director and Executive Director of a renamed  
           Economic and Employment Development Department, which would succeed  
           to some of the duties of the existing Employment Development  
           Department.  (  Status  :  The bill was held by the Senate Committee on  
           Appropriations.)

        
        SUPPORT AND OPPOSITION:
        
         Support:  

        None on file as of June 18, 2013.

         Opposition:  

        None on file as of June 18, 2013.


        Consultant:Sarah Mason