BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 2734
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2734 (John A. Perez)
          As Amended  August 17, 2010
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(June 2, 2010)  |SENATE: |28-6 |(August 31,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    J., E.D. & E. 

          SUMMARY  :  Establishes the Office of Economic Development  
          (Office) 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.  

           The Senate amendments  :

          1)Make the Director of the Office subject to Senate  
            confirmation.

          2)Remove the requirement that the Office assist the Department  
            of Finance in preparing a set of priority actions that are  
            designed to achieve statewide economic goals.  These priority  
            actions would have been required to be submitted as part of  
            the annual state Budget.

          3)Transfer the responsibility to have a Web site and  
            well-advertised telephone number from California Business  
            Investment Services Program (CalBIS) to the Office.

          4)Limit the role of CalBIS to convening strike teams on key  
            business development situations and transferring the  
            responsibility of serving as an economic development  
            information resource to the Office.

          5)Establish other new duties for the office including:

             a)   Encouraging collaboration among research institutions,  
               startup companies, local governments, venture capitalists,  
               and economic development agencies to promote innovation;









                                                                           
           AB 2734
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             b)   Fostering relationships with overseas entities, in  
               coordination with the federal government, to improve the  
               state's image as a destination for business investment and  
               expansion;

             c)   Conducting research on the state's business climate,  
               including, but not limited to, research on how the state  
               can remain on the leading edge of innovation and emerging  
               sectors; and,

             d)   Supporting small businesses by providing information  
               about accessing capital, complying with regulations, and  
               supporting state initiatives that support small business.

          6)Make other technical and conforming changes.

           AS PASSED BY THE ASSEMBLY  , this bill established the Office of  
          Economic Development (Office) within the Governor's Office,  
          administered by a Director, 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.  Specifically,  this bill  :  

          1)Codified the existing CalBIS within the Office as a program to  
            serve employers, corporate executives, business owners, and  
            site location consultants who are considering California for  
            business expansion and investment.

          2)Transferred the existing Office of the Small Business Advocate  
            (OSBA) with the Office.

          3)Specified that, among other duties, that the Office:

             a)   Prepare a five-year strategic economic development plan  
               to guide the state's activities and investments related to  
               economic and workforce development;

             b)   Make recommendations to the Governor and Legislature on  
               new state policies, programs and actions, as well as  
               amendments to existing programs, for the purpose of  
               advancing statewide economic goals, respond to emerging  
               issues, and ensure that all state policies and programs  
               conform to the adopted state economic and business  
               development goals;








                                                                           
           AB 2734
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             c)   Assist the Department of Finance in preparing, as part  
               of the annual state budget, an integrated program of  
               priority actions to achieve statewide economic goals and  
               objectives;

             d)   Coordinate the development of policies and criterion to  
               ensure that federal grants administered or directly  
               expended by the state advance statewide economic goals and  
               objectives; 

             e)   Market the business and investment opportunities  
               available in California by working in partnership with  
               local, regional, federal and other state public and private  
               institutions to encourage business development and  
               investment in the state; and,

             f)   Require a copy of the previously mandated state biennial  
               economic development strategy be provided to the Office.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, implementation of this bill will result in one-time  
          General Fund cost in excess of $750,000 to create the web site  
          and ongoing costs in the range of $500,000 per year to maintain  
          and update the website, to advertise the phone number, and staff  
          the phones.  

          Further, the bill provides that during the 2010-11 fiscal year,  
          the office shall be funded with existing resources and staffed  
          by personnel loaned from agencies and departments that address  
          economic development, including, but not limited to, the  
          promotion of small business.  Each member of the Governor's  
          cabinet is required to identify a senior manager within his or  
          her agency who shall coordinate business support activities with  
          the office.  For the 2011-12 fiscal year and subsequent fiscal  
          years, the office is required to develop a budget in  
          coordination with the Department of Finance pursuant to the  
          state budgeting process, which may include the permanent  
          transfer of associated positions.

           
          COMMENTS  :  Since 2005, the Assembly Committee on Jobs, Economic  
          Development and the Economy (JEDE) has held more than a dozen  
          oversight hearings examining the effectiveness of the state's  








                                                                           
           AB 2734
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          economic and workforce development program network.  Based on  
          the testimony and related research, JEDE sponsored over a dozen  
          bills in the ensuing four years to address the state's failure  
          to produce a current economic development strategy, the  
          insufficient linkages between existing programs, and lack of  
          focus and measurement toward California's global  
          competitiveness. 

          In February 2010, the Little Hoover Commission (LHC) undertook  
          its own 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 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 agency that would promote greater  
          economic development, foster job creation, 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 (EO) as a means to operationalize the report  
          recommendations.

          AB 2734 substantially codifies and provides enhanced guidance to  
          the framework detailed in EO S-05-10 by statutorily forming the  
          Office within the Governor's Office and assigning specific tasks  
          and duties.  This bill also statutorily transfers the Small  
          Business Advocate into the framework of the new Office.

          The one area where the bill differs from the LHC Report is in  
          placement of policy and strategy responsibility within the  
          Office.  One of the key LHC findings was that the state had an  
          inability "to design and implement a statewide strategy that can  
          facilitate economic growth."  

          As the bill left the Assembly, the Office was required to  
          develop a five-year plan to guide the state's economic and  
          workforce development efforts, as well as requiring the Office  
          to assist DOF prepare, as part of the state budget, a list of  
          priority actions that would be necessary to achieve state  
          economic goals and objectives.  These requirements were,  
          however, removed in the Senate Appropriations Committee.   








                                                                           
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          Without those provisions, the state's economic development  
          policy remains with Economic Strategy Panel who has failed to  
          produce an economic strategy since 2002.

          The policy committee analysis includes an extended discussion on  
          this measure.
           
           
          Analysis Prepared by  :    Toni Symonds / J., E.D. & E. / (916)  
          319-2090 


          FN:  
          0006746