BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1137
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

               AB 1137 (V. Manuel Perez) - As Amended:  April 26, 2011 

          Policy Committee:                              JEDE Vote:6-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the establishment of the California Export 
          Promotion and Gap Financing Program (Export Assistance Program) 
          and codifies the state's participation in the federal EB5 
          (Employment Based Immigration) visa program.  Specifically, this 
          bill:

          1)Authorizes the establishment of the Export Assistance Program, 
            within the Business, Transportation and Housing Agency (BTH), 
            for the purpose of applying for, receiving and implementing a 
            federally funded export assistance program.  Limits 
            implementation of the program until federal moneys are 
            received and authorizes BTH to adopt regulations to implement 
            this measure.

          2)Codifies the state's participation in the federal program for 
            investor visas, known as the EB5 program.  Requires BTH to 
            serve as the lead state entity under specified provisions of 
            the federal Immigration and Nationality Act. 

          FISCAL EFFECT  

          The BTH agency estimates that it would cost $600,000 to 
          administer the program envisioned in this bill.

           COMMENTS  

           1)Purpose  :  According to the author, increasing the number of 
            businesses and workers engaged in development and movement of 
            products and services for export can play an important role in 
            the state's overall economic recovery strategy.  Last October, 
            as part of the federal Small Business Jobs Act, Congress 








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            passed and the president signed, the State Trade and Export 
            Promotion Grant Act (STEP), which authorized $90 million in 
            competitive grants to fund state trade promotion programs over 
            the next three years.  

            California is currently in the process of applying for a share 
            of the first $30 million in STEP funds.  California needs a 
            framework to implement the program and overseeing these funds. 
             AB 1137 provides such a framework and helps California in 
            applying for the next round of funding."

           2)State activities.   Agreements on a new trade strategy program 
            were codified in SB 1513(Romero), Chapter 663, Statutes of 
            2006.  This bill provided new authority for BTH to undertake 
            international trade and investment activities.  It also 
            directs the development and implementation of a comprehensive 
            international trade and investment strategy (ITI Strategy.)   
            All international trade and foreign investment activities and 
            funding are required to be consistent with the ITI strategy.

           3)Federal programs.   In January 2010, the president announced a 
            national goal of doubling U.S. exports within five years, 
            setting a 2015 target for U.S. exports of $3.14 trillion.  The 
            National Export Initiative (NEI) is the mechanism by which the 
            federal Administration is managing activities and funds 
            related to increasing U.S. exports.

            Under federal law, 10,000 immigrant visas per year are 
            available to qualified individuals seeking permanent resident 
            status on the basis of their engagement in a new commercial 
            enterprise. This visa program is called the EB5 visa program.  
            Permanent resident status based on EB5 eligibility is 
            available to investors who have invested - or are actively in 
            the process of investing - at least $1,000,000 into a new 
            commercial enterprise that they have established.

           4)Current session related legislation.   

              a)   AB 1409 (Jobs Committee) - Goods Movement Update to the 
               State Economic Strategy  .  Requires that the next update of 
               the international trade and investment strategy include 
               policy goals, objectives and recommendations, as specified. 
                Pending in this committee.

              b)   AB 1410 (Jobs Committee) - Trade Omnibus Bill  .  Makes 








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               technical, non-substantive amendments to the codes relating 
               to international trade and foreign investment.  Pending on 
               the Assembly Floor.

              c)   SB 460 (Price) - Trade Marketing and Promotion  .  The 
               bill requires the Secretary of BTH to convene a business 
               partnership on trade promotion.  Pending in Senate 
               Appropriations.

           6)There is no registered opposition to this bill.  


           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081