BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 2901         Hearing Date:    June 13,  
          2016
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          |Author:   |Committee on Jobs, Economic Development, and the      |
          |          |Economy                                               |
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          |Version:  |April 12, 2016                                        |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Nicole Billington                                     |
          |:         |                                                      |
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             Subject:  Income taxation: credits: California Competes Tax  
                              Credit Committee: GO-Biz


          SUMMARY:  Creates three additional disclosure requirements for the  
          California Competes Tax Credit Program (Program) under the  
          Governor's Office of Business and Economic Development (GO-Biz).  


          Existing law:
          
          1)Establishes GO-Biz to serve as the lead state entity for  
            economic strategy and marketing of California on issues  
            relating to business development, private sector investment,  
            and economic growth.  (Government Code (GC) §§ 12096 -  
            12098.5)

          2)Requires GO-Biz to post information on its website relating to  
            the Program including:  (Revenue and Taxation Code (RTC) §  
            17059.2 and § 23689)

               a)     The name of each taxpayer allocated a credit  
                 pursuant to this section;

               b)     The estimated amount of the investment by each  
                 taxpayer;

               c)     The estimated number of jobs created or retained;







          AB 2901 (Committee on Jobs, Economic Development, and the  
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               d)     The amount of the credit allocated to the taxpayer;  
                 and

               e)     The amount of the credit recaptured from the  
                 taxpayer, if applicable.

          3)Requires that priority for the Program be given to  
            applications from taxpayers with projects or businesses  
            located in high unemployment or high poverty areas.  
          (RTC § 17059.2(c)(1) and § 23689(c)(1))

          4)Requires that at least 25 percent of the Program's tax credits  
            be awarded to small businesses annually.  (RTC §  
            17059.2(g)(2)(3) and § 23689(g)(2)(3))

          This bill:

          1) Expands the reporting requirements of the Program to include,  
             on its website, the following information:


             a)   The primary location of the facility(s) for which the  
               taxpayer is applying for credits listed by city or, in the  
               case of unincorporated areas, by county;


             b)   Information that identifies each tax credit award that  
               was given a priority for being located in a high  
               unemployment or poverty area, as specified; and


             c)   Information that identifies each tax credit award that  
               is being counted toward the requirement that, each fiscal  
               year, 25 percent of the aggregate amount of credits  
               allocated are required to be reserved for small business,  
               as defined. 



          FISCAL  
          EFFECT:  According to the Assembly Appropriations Committee  
          analysis dated April 12, 2016, this measure would result in  
          minor and absorbable cost to GO-Biz. 








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          COMMENTS:
          
          1. Purpose.  The  Assembly Committee on Jobs, Economic  
             Development, and the Economy (JEDE)  is the  Author  and sponsor  
             of this bill.  According to JEDE, in March 2015, the  
             committee held the first in a series of reviews of GO-Biz  
             programs.  The content of this bill was developed as part of  
             the JEDE Committee's research for that hearing.  According to  
             the Author, the bill "codifies the reporting of key elements  
             of the tax credit program, including the identification of  
             business or project location, credits awarded to small  
             businesses, and credit awards that received priority  
             consideration.  Each of these new reporting requirements  
             represents a key element of the tax credit program and is  
             essential to providing appropriate oversight and program  
             transparency.  These elements include information to  
             identify: areas that are not currently being served; whether  
             the requirements of the small business set aside are being  
             met; and which areas of the state are benefiting from the  
             priority application requirements for high unemployment and  
             high poverty."   


          2. California Competes Tax Credit Program.  The Program was  
             established in 2013. It was part of a package of bills that  
             eliminated the California Enterprise Zones Program and its  
             related tax credits, including the New Hire Credit and the  
             Sales and Use Tax Credit, among others.  The approximately  
             $750 million in tax incentives associated with those defunct  
             programs was redirected to the California Competes Tax  
             Credit, a more limited New Hire Credit, and a broader Sales  
             and Use Tax-based incentive. 

             The California Competes Tax Credit is a competitive tax  
             credit that rewards companies for job creation and new  
             investments made in the state. This includes conducting  
             outreach workshops statewide to potential applicants,  
             assisting applicants through the application process,  
             analyzing applicant information, and making recommendations  
             to the California Competes Tax Credit Committee on potential  
             awardees. 









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             The Program negotiates credits on an individual basis, the  
             value of which is determined by the California Competes Tax  
             Credit Committee.  Each award is documented through a written  
             agreement between GO-Biz and the taxpayer; however, no  
             taxpayer may receive more than 20 percent of the total annual  
             allocation.  Enforcement of the individual commitments is the  
             responsibility of the Franchise Tax Board (FTB), which is  
             directed to review the books and records of every non-small  
             business taxpayer who receives a credit.  FTB has the  
             authority, but is not mandated, to review the books and  
             records of small business tax payers.

             Program priority is given to taxpayers whose project or  
             business is located or proposed to be located in an area of  
             high unemployment or high poverty. High poverty areas are  
             those that are at or above the federal poverty rate at the  
             time of the tax credit award.  High unemployment areas are  
             those that are at or above the state unemployment rate at the  
             time of the tax credit award.

             At least 25 percent of the tax credits are required to be  
             awarded to small businesses on an annual basis.  A small  
             business is defined as having net revenues of less than $5  
             million in the prior five tax years.  The FTB is responsible  
             for providing GO-Biz with confirmation that a taxpayer is a  
             "small business."  Since inception, GO-Biz has awarded 24.4  
             percent of the tax credits to small businesses. Relative to  
             the number of taxpayers receiving credits, 33.7 percent were  
             small businesses.
          
          3. Prior Related Legislation.   AB 29  (Pérez, Chapter 475,  
             Statutes of 2011) established GO-Biz within the Governor's  
             Office to serve as the lead entity for economic strategy and  
             marketing of California on issues relating to business  
             development, private sector investment, and economic growth.   
              


              
              AB 93  (Assembly Committee on Budget, Chapter 69, Statutes of  
             2013) instituted three new tax programs including the  
             California Competes Tax Credit through GO-Biz for the purpose  
             of attracting and retaining major employers.  Additionally,  
             the bill resulted in the cessation of certain tax provisions  








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             related Enterprise Zones and similar tax incentive areas and  
             ending the Small Business New Jobs Credit tax incentive  
             program. 

              SB 90  (Galgiani, Chapter 70, Statutes of 2013) made various  
             technical changes related to the Program. 

              SB 100  (Senate Committee on Budget and Finance, Chapter 360,  
             Statutes of 2013) was a trailer bill that, among other  
             things, made various technical changes related to the  
             Program.
          
          
          SUPPORT AND OPPOSITION:
          
           Support:  

          None on file as of June 7, 2016.

           Opposition:  

          None on file as of June 7, 2016.

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