California Legislature—2015–16 Regular Session

Assembly BillNo. 2901


Introduced by Committee on Jobs, Economic Development, and the Economy (Assembly Members Eduardo Garcia (Chair), Brough, Brown, Chau, Chu, Gipson, Irwin, and Mathis)

March 3, 2016


An act to amend Sections 17059.2 and 23689 of the Revenue and Taxation Code, relating to taxation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2901, as introduced, Committee on Jobs, Economic Development, and the Economy. Income taxation: credits: California Competes Tax Credit Committee: GO-Biz.

Existing law allows a credit against the taxes imposed under the Corporation Tax Law and the Personal Income Tax Law for each taxable year beginning on or after January 1, 2014, and before January 1, 2025, in an amount as provided in a written agreement between the Governor’s Office of Business and Economic Development and the taxpayer, agreed upon by the California Competes Tax Credit Committee, and based on specified factors, including the number of jobs the taxpayer will create or retain in the state and the amount of investment in the state by the taxpayer. Existing law requires the Governor’s Office of Business and Economic Development to post on its Internet Web Site specified information, including the name of each taxpayer allocated a credit, the estimated number of jobs created or retained and the amount of investment by the taxpayer, the amount of credit allocated to the taxpayer, and, if applicable, the amount of credit recaptured from the taxpayer.

This bill would require the Governor’s Office of Business and Economic Development to, in addition to the above-described information, post on its Internet Web site the city and county where the jobs created and investments made are located, whether the census tract in which the jobs will be created or the investments will be made is an area of high unemployment or poverty, as provided, and whether the taxpayer is considered a small business, as provided. The bill would also require the Governor’s Office of Business and Economic Development to annually provide a report of aggregate-level data to the Legislature on the information posted on its Internet Web site and the number of total credits applied for and the number of credit applications rejected during the calendar year.

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

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

P2    1

SECTION 1.  

Section 17059.2 of the Revenue and Taxation
2Code
is amended to read:

3

17059.2.  

(a) (1) For each taxable year beginning on and after
4January 1, 2014, and before January 1, 2025, there shall be allowed
5as a credit against the “net tax,” as defined in Section 17039, an
6amount as determined by the committee pursuant to paragraph (2)
7and approved pursuant to Section 18410.2.

8(2) The credit under this section shall be allocated by GO-Biz
9with respect to the 2013-14 fiscal year through and including the
102017-18 fiscal year. The amount of credit allocated to a taxpayer
11with respect to a fiscal year pursuant to this section shall be as set
12forth in a written agreement between GO-Biz and the taxpayer and
13shall be based on the following factors:

14(A) The number of jobs the taxpayer will create or retain in this
15state.

16(B) The compensation paid or proposed to be paid by the
17taxpayer to its employees, including wages and fringe benefits.

18(C) The amount of investment in this state by the taxpayer.

19(D) The extent of unemployment or poverty in the area
20according to the United States Census in which the taxpayer’s
21project or business is proposed or located.

P3    1(E) The incentives available to the taxpayer in this state,
2including incentives from the state, local government, and other
3entities.

4(F) The incentives available to the taxpayer in other states.

5(G) The duration of the proposed project and the duration the
6taxpayer commits to remain in this state.

7(H) The overall economic impact in this state of the taxpayer’s
8project or business.

9(I) The strategic importance of the taxpayer’s project or business
10to the state, region, or locality.

11(J) The opportunity for future growth and expansion in this state
12by the taxpayer’s business.

13(K) The extent to which the anticipated benefit to the state
14exceeds the projected benefit to the taxpayer from the tax credit.

15(3) The written agreement entered into pursuant to paragraph
16(2) shall include:

17(A) Terms and conditions that include the taxable year or years
18for which the credit allocated shall be allowed, a minimum
19compensation level, and a minimum job retention period.

20(B) Provisions indicating whether the credit is to be allocated
21in full upon approval or in increments based on mutually agreed
22upon milestones when satisfactorily met by the taxpayer.

23(C) Provisions that allow the committee to recapture the credit,
24in whole or in part, if the taxpayer fails to fulfill the terms and
25conditions of the written agreement.

26(b) For purposes of this section:

27(1) “Committee” means the California Competes Tax Credit
28Committee established pursuant to Section 18410.2.

29(2) “GO-Biz” means the Governor’s Office of Business and
30Economic Development.

31(c) For purposes of this section, GO-Biz shall do the following:

32(1) Give priority to a taxpayer whose project or business is
33located or proposed to be located in an area of high unemployment
34or poverty.

35(2) Negotiate with a taxpayer the terms and conditions of
36proposed written agreements that provide the credit allowed
37pursuant to this section to a taxpayer.

38(3) Provide the negotiated written agreement to the committee
39for its approval pursuant to Section 18410.2.

P4    1(4) Inform the Franchise Tax Board of the terms and conditions
2of the written agreement upon approval of the written agreement
3by the committee.

4(5) Inform the Franchise Tax Board of any recapture, in whole
5or in part, of a previously allocated credit upon approval of the
6recapture by the committee.

7(6) Post on its Internet Web site all of the following:

8(A) The name of each taxpayer allocated a credit pursuant to
9this section.

10(B) The estimated amount of the investment by each taxpayer.

11(C) The estimated number of jobs created or retained.

12(D) The amount of the credit allocated to the taxpayer.

13(E) The amount of the credit recaptured from the taxpayer, if
14applicable.

begin insert

15(F) The city and county where the jobs created and the
16investments made are located, which may be more than one city
17or county.

end insert
begin insert

18(G) Whether the census tract in which the jobs will be created
19or the investments will be made is an area of high unemployment
20or poverty, as provided in paragraph (1).

end insert
begin insert

21(H) Whether the taxpayer is considered a small business
22pursuant to paragraph (3) of subdivision (g).

end insert

23(d) For purposes of this section, the Franchise Tax Board shall
24do all of the following:

25(1) (A) Except as provided in subparagraph (B), review the
26books and records of all taxpayers allocated a credit pursuant to
27this section to ensure compliance with the terms and conditions
28of the written agreement between the taxpayer and GO-Biz.

29(B) In the case of a taxpayer that is a “small business,” as
30defined in Section 17053.73, review the books and records of the
31taxpayer allocated a credit pursuant to this section to ensure
32compliance with the terms and conditions of the written agreement
33between the taxpayer and GO-Biz when, in the sole discretion of
34the Franchise Tax Board, a review of those books and records is
35appropriate or necessary in the best interests of the state.

36(2) Notwithstanding Section 19542:

37(A) Notify GO-Biz of a possible breach of the written agreement
38by a taxpayer and provide detailed information regarding the basis
39for that determination.

P5    1(B) Provide information to GO-Biz with respect to whether a
2taxpayer is a “small business,” as defined in Section 17053.73.

3(e) In the case where the credit allowed under this section
4exceeds the “net tax,” as defined in Section 17039, for a taxable
5year, the excess credit may be carried over to reduce the “net tax”
6in the following taxable year, and succeeding five taxable years,
7if necessary, until the credit has been exhausted.

8(f) Any recapture, in whole or in part, of a credit approved by
9the committee pursuant to Section 18410.2 shall be treated as a
10mathematical error appearing on the return. Any amount of tax
11resulting from that recapture shall be assessed by the Franchise
12Tax Board in the same manner as provided by Section 19051. The
13amount of tax resulting from the recapture shall be added to the
14tax otherwise due by the taxpayer for the taxable year in which
15the committee’s recapture determination occurred.

16(g) (1) The aggregate amount of credit that may be allocated
17in any fiscal year pursuant to this section and Section 23689 shall
18be an amount equal to the sum of subparagraphs (A), (B), and (C),
19less the amount specified in subparagraphs (D) and (E):

20(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
21year, one hundred fifty million dollars ($150,000,000) for the
222014-15 fiscal year, and two hundred million dollars
23 ($200,000,000) for each fiscal year from 2015-16 to 2017-18,
24inclusive.

25(B) The unallocated credit amount, if any, from the preceding
26fiscal year.

27(C) The amount of any previously allocated credits that have
28been recaptured.

29(D) The amount estimated by the Director of Finance, in
30consultation with the Franchise Tax Board and the State Board of
31Equalization, to be necessary to limit the aggregation of the
32estimated amount of exemptions claimed pursuant to Section
336377.1 and of the amounts estimated to be claimed pursuant to
34this section and Sections 17053.73, 23626, and 23689 to no more
35than seven hundred fifty million dollars ($750,000,000) for either
36the current fiscal year or the next fiscal year.

37(i) The Director of Finance shall notify the Chairperson of the
38Joint Legislative Budget Committee of the estimated annual
39allocation authorized by this paragraph. Any allocation pursuant
40to these provisions shall be made no sooner than 30 days after
P6    1written notification has been provided to the Chairperson of the
2Joint Legislative Budget Committee and the chairpersons of the
3committees of each house of the Legislature that consider
4appropriation, or not sooner than whatever lesser time the
5Chairperson of the Joint Legislative Budget Committee, or his or
6her designee, may determine.

7(ii) In no event shall the amount estimated in this subparagraph
8be less than zero dollars ($0).

9(E) (i) For the 2015-16 fiscal year and each fiscal year
10thereafter, the amount of credit estimated by the Director of Finance
11to be allowed to all qualified taxpayers for that fiscal year pursuant
12to subparagraph (A) or subparagraph (B) of paragraph (1) of
13subdivision (c) of Section 23636.

14(ii) If the amount available per fiscal year pursuant to this section
15and Section 23689 is less than the aggregate amount of credit
16estimated by the Director of Finance to be allowed to qualified
17taxpayers pursuant to subparagraph (A) or subparagraph (B) of
18paragraph (1) of subdivision (c) of Section 23636, the aggregate
19amount allowed pursuant to Section 23636 shall not be reduced
20and, in addition to the reduction required by clause (i), the
21aggregate amount of credit that may be allocated pursuant to this
22section and Section 23689 for the next fiscal year shall be reduced
23by the amount of that deficit.

24(iii) It is the intent of the Legislature that the reductions specified
25in this subparagraph of the aggregate amount of credit that may
26be allocated pursuant to this section and Section 23689 shall
27continue if the repeal dates of the credits allowed by this section
28and Section 23689 are removed or extended.

29(2) (A) In addition to the other amounts determined pursuant
30to paragraph (1), the Director of Finance may increase the
31aggregate amount of credit that may be allocated pursuant to this
32section and Section 23689 by up to twenty-five million dollars
33($25,000,000) per fiscal year through the 2017-18 fiscal year. The
34amount of any increase made pursuant to this paragraph, when
35combined with any increase made pursuant to paragraph (2) of
36subdivision (g) of Section 23689, shall not exceed twenty-five
37million dollars ($25,000,000) per fiscal year through the 2017-18
38fiscal year.

39(B) It is the intent of the Legislature that the Director of Finance
40increase the aggregate amount under subparagraph (A) in order to
P7    1mitigate the reduction of the amount available due to the credit
2allowed to all qualified taxpayers pursuant to subparagraph (A) or
3(B) of paragraph (1) of subdivision (c) of Section 23636.

4(3) Each fiscal year, 25 percent of the aggregate amount of the
5credit that may be allocated pursuant to this section and Section
623689 shall be reserved for small business, as defined in Section
717053.73 or 23626.

8(4) Each fiscal year, no more than 20 percent of the aggregate
9amount of the credit that may be allocated pursuant to this section
10shall be allocated to any one taxpayer.

11(h) GO-Biz may prescribe rules and regulations as necessary to
12carry out the purposes of this section. Any rule or regulation
13prescribed pursuant to this section may be by adoption of an
14emergency regulation in accordance with Chapter 3.5 (commencing
15with Section 11340) of Part 1 of Division 3 of Title 2 of the
16Government Code.

17(i) A written agreement between GO-Biz and a taxpayer with
18respect to the credit authorized by this section shall comply with
19existing law on the date the agreement is executed.

20(j) (1) Upon the effective date of this section, the Department
21of Finance shall estimate the total dollar amount of credits that
22will be claimed under this section with respect to each fiscal year
23from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.

24(2) The Franchise Tax Board shall annually provide to the Joint
25Legislative Budget Committee, by no later than March 1, a report
26of the total dollar amount of the credits claimed under this section
27with respect to the relevant fiscal year. The report shall compare
28the total dollar amount of credits claimed under this section with
29respect to that fiscal year with the department’s estimate with
30respect to that same fiscal year. If the total dollar amount of credits
31claimed for the fiscal year is less than the estimate for that fiscal
32year, the report shall identify options for increasing annual claims
33of the credit so as to meet estimated amounts.

begin insert

34(k) (1) GO-Biz shall annually provide to the Legislature, by no
35later than March 1, a report of aggregate level data on both of the
36following:

end insert
begin insert

37(A) The information posted on GO-Biz’s Internet Web site
38pursuant to paragraph (6) of subdivision (c). The data shall include
39the amount of credits, jobs created, and investments made in all
40of the following:

end insert
begin insert

P8    1(i) Each city and county.

end insert
begin insert

2(ii) Each census tract in which the jobs will be created or the
3investments will be made that is an area of high unemployment or
4poverty, as provided in paragraph (1) of subdivision (c).

end insert
begin insert

5(iii) Each entity that is considered a small business pursuant to
6paragraph (3) of subdivision (g).

end insert
begin insert

7(B) The number of total credits applied for and the number of
8credit applications rejected during the calendar year in total and
9by geographic region, as determined by GO-Biz.

end insert
begin insert

10(2) A report submitted pursuant to paragraph (1) shall be
11submitted in compliance with Section 9795 of the Government
12Code.

end insert
begin delete end deletebegin delete

13(k)

end delete

14begin insert(l)end insert This section is repealed on December 1, 2025.

15

SEC. 2.  

Section 23689 of the Revenue and Taxation Code is
16amended to read:

17

23689.  

(a) (1) For each taxable year beginning on and after
18January 1, 2014, and before January 1, 2025, there shall be allowed
19as a credit against the “tax,” as defined in Section 23036, an amount
20as determined by the committee pursuant to paragraph (2) and
21approved pursuant to Section 18410.2.

22(2) The credit under this section shall be allocated by GO-Biz
23with respect to the 2013-14 fiscal year through and including the
242017-18 fiscal year. The amount of credit allocated to a taxpayer
25with respect to a fiscal year pursuant to this section shall be as set
26forth in a written agreement between GO-Biz and the taxpayer and
27shall be based on the following factors:

28(A) The number of jobs the taxpayer will create or retain in this
29state.

30(B) The compensation paid or proposed to be paid by the
31taxpayer to its employees, including wages and fringe benefits.

32(C) The amount of investment in this state by the taxpayer.

33(D) The extent of unemployment or poverty in the area
34according to the United States Census in which the taxpayer’s
35project or business is proposed or located.

36(E) The incentives available to the taxpayer in this state,
37including incentives from the state, local government, and other
38entities.

39(F) The incentives available to the taxpayer in other states.

P9    1(G) The duration of the proposed project and the duration the
2taxpayer commits to remain in this state.

3(H) The overall economic impact in this state of the taxpayer’s
4project or business.

5(I) The strategic importance of the taxpayer’s project or business
6to the state, region, or locality.

7(J) The opportunity for future growth and expansion in this state
8by the taxpayer’s business.

9(K) The extent to which the anticipated benefit to the state
10exceeds the projected benefit to the taxpayer from the tax credit.

11(3) The written agreement entered into pursuant to paragraph
12(2) shall include:

13(A) Terms and conditions that include the taxable year or years
14for which the credit allocated shall be allowed, a minimum
15compensation level, and a minimum job retention period.

16(B) Provisions indicating whether the credit is to be allocated
17in full upon approval or in increments based on mutually agreed
18upon milestones when satisfactorily met by the taxpayer.

19(C) Provisions that allow the committee to recapture the credit,
20in whole or in part, if the taxpayer fails to fulfill the terms and
21conditions of the written agreement.

22(b) For purposes of this section:

23(1) “Committee” means the California Competes Tax Credit
24Committee established pursuant to Section 18410.2.

25(2) “GO-Biz” means the Governor’s Office of Business and
26Economic Development.

27(c) For purposes of this section, GO-Biz shall do the following:

28(1) Give priority to a taxpayer whose project or business is
29located or proposed to be located in an area of high unemployment
30or poverty.

31(2) Negotiate with a taxpayer the terms and conditions of
32proposed written agreements that provide the credit allowed
33pursuant to this section to a taxpayer.

34(3) Provide the negotiated written agreement to the committee
35for its approval pursuant to Section 18410.2.

36(4) Inform the Franchise Tax Board of the terms and conditions
37of the written agreement upon approval of the written agreement
38by the committee.

P10   1(5) Inform the Franchise Tax Board of any recapture, in whole
2or in part, of a previously allocated credit upon approval of the
3recapture by the committee.

4(6) Post on its Internet Web site all of the following:

5(A) The name of each taxpayer allocated a credit pursuant to
6this section.

7(B) The estimated amount of the investment by each taxpayer.

8(C) The estimated number of jobs created or retained.

9(D) The amount of the credit allocated to the taxpayer.

10(E) The amount of the credit recaptured from the taxpayer, if
11applicable.

begin insert

12(F) The city and county where the jobs created and the
13investments made are located, which may be more than one city
14or county.

end insert
begin insert

15(G) Whether the census tract in which the jobs will be created
16or the investments will be made is an area of high unemployment
17or poverty, as provided in paragraph (1).

end insert
begin insert

18(H) Whether the taxpayer is considered a small business
19pursuant to paragraph (3) of subdivision (g).

end insert

20(d) For purposes of this section, the Franchise Tax Board shall
21do all of the following:

22(1) (A) Except as provided in subparagraph (B), review the
23books and records of all taxpayers allocated a credit pursuant to
24this section to ensure compliance with the terms and conditions
25of the written agreement between the taxpayer and GO-Biz.

26(B) In the case of a taxpayer that is a “small business,” as
27defined in Section 23626, review the books and records of the
28taxpayer allocated a credit pursuant to this section to ensure
29compliance with the terms and conditions of the written agreement
30between the taxpayer and GO-Biz when, in the sole discretion of
31the Franchise Tax Board, a review of those books and records is
32appropriate or necessary in the best interests of the state.

33(2) Notwithstanding Section 19542:

34(A) Notify GO-Biz of a possible breach of the written agreement
35by a taxpayer and provide detailed information regarding the basis
36for that determination.

37(B) Provide information to GO-Biz with respect to whether a
38taxpayer is a “small business,” as defined in Section 23626.

39(e) In the case where the credit allowed under this section
40exceeds the “tax,” as defined in Section 23036, for a taxable year,
P11   1the excess credit may be carried over to reduce the “tax” in the
2following taxable year, and succeeding five taxable years, if
3necessary, until the credit has been exhausted.

4(f) Any recapture, in whole or in part, of a credit approved by
5the committee pursuant to Section 18410.2 shall be treated as a
6mathematical error appearing on the return. Any amount of tax
7resulting from that recapture shall be assessed by the Franchise
8Tax Board in the same manner as provided by Section 19051. The
9amount of tax resulting from the recapture shall be added to the
10tax otherwise due by the taxpayer for the taxable year in which
11the committee’s recapture determination occurred.

12(g) (1) The aggregate amount of credit that may be allocated
13in any fiscal year pursuant to this section and Section 17059.2 shall
14be an amount equal to the sum of subparagraphs (A), (B), and (C),
15less the amount specified in subparagraphs (D) and (E):

16(A) Thirty million dollars ($30,000,000) for the 2013-14 fiscal
17year, one hundred fifty million dollars ($150,000,000) for the
182014-15 fiscal year, and two hundred million dollars
19($200,000,000) for each fiscal year from 2015-16 to 2017-18,
20inclusive.

21(B) The unallocated credit amount, if any, from the preceding
22fiscal year.

23(C) The amount of any previously allocated credits that have
24been recaptured.

25(D) The amount estimated by the Director of Finance, in
26consultation with the Franchise Tax Board and the State Board of
27Equalization, to be necessary to limit the aggregation of the
28estimated amount of exemptions claimed pursuant to Section
296377.1 and of the amounts estimated to be claimed pursuant to
30this section and Sections 17053.73, 17059.2, and 23626 to no more
31than seven hundred fifty million dollars ($750,000,000) for either
32the current fiscal year or the next fiscal year.

33(i) The Director of Finance shall notify the Chairperson of the
34Joint Legislative Budget Committee of the estimated annual
35allocation authorized by this paragraph. Any allocation pursuant
36to these provisions shall be made no sooner than 30 days after
37written notification has been provided to the Chairperson of the
38Joint Legislative Budget Committee and the chairpersons of the
39committees of each house of the Legislature that consider
40appropriation, or not sooner than whatever lesser time the
P12   1Chairperson of the Joint Legislative Budget Committee, or his or
2her designee, may determine.

3(ii) In no event shall the amount estimated in this subparagraph
4be less than zero dollars ($0).

5(E) (i) For the 2015-16 fiscal year and each fiscal year
6thereafter, the amount of credit estimated by the Director of Finance
7to be allowed to all qualified taxpayers for that fiscal year pursuant
8to subparagraph (A) or subparagraph (B) of paragraph (1) of
9subdivision (c) of Section 23636.

10(ii) If the amount available per fiscal year pursuant to this section
11and Section 17059.2 is less than the aggregate amount of credit
12estimated by the Director of Finance to be allowed to qualified
13taxpayers pursuant to subparagraph (A) or subparagraph (B) of
14paragraph (1) of subdivision (c) of Section 23636, the aggregate
15amount allowed pursuant to Section 23636 shall not be reduced
16and, in addition to the reduction required by clause (i), the
17aggregate amount of credit that may be allocated pursuant to this
18section and Section 17059.2 for the next fiscal year shall be reduced
19by the amount of that deficit.

20(iii) It is the intent of the Legislature that the reductions specified
21in this subparagraph of the aggregate amount of credit that may
22be allocated pursuant to this section and Section 17059.2 shall
23continue if the repeal dates of the credits allowed by this section
24and Section 17059.2 are removed or extended.

25(2) (A) In addition to the other amounts determined pursuant
26to paragraph (1), the Director of Finance may increase the
27aggregate amount of credit that may be allocated pursuant to this
28section and Section 17059.2 by up to twenty-five million dollars
29($25,000,000) per fiscal year through the 2017-18 fiscal year. The
30amount of any increase made pursuant to this paragraph, when
31combined with any increase made pursuant to paragraph (2) of
32subdivision (g) of Section 17059.2, shall not exceed twenty-five
33million dollars ($25,000,000) per fiscal year through the 2017-18
34fiscal year.

35(B) It is the intent of the Legislature that the Director of Finance
36increase the aggregate amount under subparagraph (A) in order to
37mitigate the reduction of the amount available due to the credit
38allowed to all qualified taxpayers pursuant to subparagraph (A) or
39(B) of paragraph (1) of subdivision (c) of Section 23636.

P13   1(3) Each fiscal year, 25 percent of the aggregate amount of the
2credit that may be allocated pursuant to this section and Section
317059.2 shall be reserved for “small business,” as defined in
4Section 17053.73 or 23626.

5(4) Each fiscal year, no more than 20 percent of the aggregate
6amount of the credit that may be allocated pursuant to this section
7shall be allocated to any one taxpayer.

8(h) GO-Biz may prescribe rules and regulations as necessary to
9carry out the purposes of this section. Any rule or regulation
10prescribed pursuant to this section may be by adoption of an
11emergency regulation in accordance with Chapter 3.5 (commencing
12with Section 11340) of Part 1 of Division 3 of Title 2 of the
13Government Code.

14(i) (1) A written agreement between GO-Biz and a taxpayer
15with respect to the credit authorized by this section shall not
16restrict, broaden, or otherwise alter the ability of the taxpayer to
17assign that credit or any portion thereof in accordance with Section
1823663.

19(2) A written agreement between GO-Biz and a taxpayer with
20respect to the credit authorized by this sectionbegin delete mustend deletebegin insert shallend insert comply
21with existing law on the date the agreement is executed.

22(j) (1) Upon the effective date of this section, the Department
23of Finance shall estimate the total dollar amount of credits that
24will be claimed under this section with respect to each fiscal year
25from the 2013-14 fiscal year to the 2024-25 fiscal year, inclusive.

26(2) The Franchise Tax Board shall annually provide to the Joint
27Legislative Budget Committee, by no later than March 1, a report
28of the total dollar amount of the credits claimed under this section
29with respect to the relevant fiscal year. The report shall compare
30the total dollar amount of credits claimed under this section with
31respect to that fiscal year with the department’s estimate with
32respect to that same fiscal year. If the total dollar amount of credits
33claimed for the fiscal year is less than the estimate for that fiscal
34year, the report shall identify options for increasing annual claims
35of the credit so as to meet estimated amounts.

begin insert

36(k) (1) GO-Biz shall annually provide to the Legislature, by no
37later than March 1, a report of aggregate level data on both of the
38following:

end insert
begin insert

39(A) The information posted on GO-Biz’s Internet Web site
40pursuant to paragraph (6) of subdivision (c). The data shall include
P14   1the amount of credits, jobs created, and investments made in all
2of the following:

end insert
begin insert

3(i) Each city and county.

end insert
begin insert

4(ii) Each census tract in which the jobs will be created or the
5investments will be made that is an area of high unemployment or
6poverty, as provided in paragraph (1) of subdivision (c).

end insert
begin insert

7(iii) Each entity that is considered a small business pursuant to
8paragraph (3) of subdivision (g).

end insert
begin insert

9(B) The number of total credits applied for and the number of
10credit applications rejected during the calendar year in total and
11by geographic region, as determined by GO-Biz.

end insert
begin insert

12(2) A report submitted pursuant to paragraph (1) shall be
13submitted in compliance with Section 9795 of the Government
14Code.

end insert
begin delete

15(k)

end delete

16begin insert(l)end insert This section is repealed on December 1, 2025.



O

    99