BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |Hearing Date:June 27, 2011         |Bill No:AB                         |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                          Senator Curren D. Price, Jr., Chair
                                           

                     Bill No:        AB 1137Author:V. Manuel Pérez
                        As Amended:June 22, 2011 Fiscal:   Yes

        
        SUBJECT:   Economic development.
        
        SUMMARY:  Makes a number of changes to state international trade and 
        trade promotion programs.  Codifies in statute California's role in 
        the federal EB-5 program and creates the California Export Promotion 
        and Gap Financing Program, specifying performance measures and 
        reporting requirements for each.     

        Existing Federal law:  Creates the statutory authority for the EB-5 
        visa program in Section 203(b)(5) of the Immigration and Nationality 
        Act.  (8 U.S.C. Sec. 1153 (b)(5))                           

        Existing law, The Government Code (GC):
        
        1)Specifies that BT&H is the primary state agency authorized to 
          attract foreign investments, cooperate in international public 
          infrastructure projects, and support California businesses in 
          accessing markets, and requires the Secretary of BT&H (Secretary) to 
          develop an international trade and investment policy. 

        2)Authorizes a public or private corporation, as specified, to apply 
          for and, if successful, establish, operate, and maintain a 
          foreign-trade zone in accordance with certain provisions of federal 
          law.  (GC § 6302 and 6303) 

        3)Sets forth findings and declarations detailing: (1) The importance 
          of strengthening collaborative linkages among remaining 
          California-based international trade and investment promotion 
          programs operated at federal, state, regional and local levels in 
          light of the repeal of the statutory authority for the Technology, 





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          Trade and Commerce Agency (TTCA) in 2003; 
        (2) Data from 2000 shows that international trade and investment 
          activity in the state supports one in every seven jobs; (3) Public 
          Policy Institute of California (PPIC) data as to the productivity of 
          export businesses; (4) California has elements to form the 
          foundation for a global market-related economy; (5) California's 
          multicultural and ethnic populations offer unique opportunities for 
          international trade and investment; (6) High numbers of California 
          workers are employed by subsidiaries of foreign companies; and, (7) 
          California's trade and investment policy is a living document that 
          should be regularly updated to reflect emerging business trends and 
          the changing needs of California businesses and workers. 
        (GC § 13996.4)

        4)Requires the Secretary to complete a study on the potential roles of 
          the state in global markets (Study) and a strategy for international 
          trade and investment (Strategy).  
        (GC §§ 13996.5 and 13996.55)

        5)Requires the Secretary to convene a statewide business partnership 
          for international trade and investment (Partnership).  (GC § 
          13996.6)

        6)Sets forth criteria by which the Secretary can establish 
          international trade and investment offices and the Controller can 
          allocate funds for those offices.  (GC §§ 13996.65-13996.75)

        7)Specifies that the Governor is the primary state officer 
          representing California's interest in international affairs; the 
          Lieutenant Governor is the Chair of the California Commission for 
          Economic Development to improve trade opportunities for California; 
          the Attorney General assists the federal government in defending 
          against international challenges to California law;  the Secretary 
          of State oversees the International Business Relations Program which 
          assists foreign business entities with the various filing processes; 
          the Department of Food and Agriculture (Food and Ag) is the primary 
          agency for the promotion of California agriculture, fish and forest 
          exports and; BT&H is the agency responsible for international trade 
          and investment activities other than those covered by Food and Ag .  
          (GC § 99500)

        This bill:

        1)Makes technical updates to the Foreign Free Trade Zone Act, 
          including renaming it the California Foreign Free Trade Zone Act.






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        2)Creates the California Foreign Investment Program.  Requires BT&H to 
          serve as the lead state entity for the administration of the federal 
          EB-5 program.  Requires BT&H to set the terms and conditions for 
          issuing a state designation letter within the structure and scope of 
          the provisions of the EB-5 program. 

        3)Clarifies that any public or private corporation may apply to 
          establish, operate or maintain a regional center.  Specifies that 
          any application for designation as a regional center must be 
          accompanied by a letter of support from the Secretary.  Specifies 
          that the Secretary cannot sign a designation letter without the 
          applicant agreeing to meet the reporting and monitoring 
          requirements.  Requires that a list of regional center applicants, 
          including contact information, in receipt of a designation letter 
          from the Secretary be posted on the BT&H Website.  Clarifies that 
          these provisions apply to state EB-5 activities on or after January 
          1, 2012.

        4)Requires the Secretary to establish reporting and monitoring 
          requirements that identify the number of businesses assisted, the 
          size of those businesses by number of employees and gross revenues 
          and the number of jobs created and retained.  

        5)Authorizes the establishment the California Export Promotion and Gap 
          Financing Program (Export Assistance Program) within BT&H 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.

        6)Requires that the Export Assistance Program to be developed in 
          consultation with local governments, economic development 
          organizations, financial institutions, small business organizations, 
          the federal Small Business Administration (SBA), the federal U.S. 
          Department of Agriculture Rural Development, as well as financial 
          and community intermediaries that engaged in, or could be engaged 
          in, international trade and investment programs.

        7)Requires that the Export Assistance Program have clear objectives, 
          measurements for success, reporting requirements, methods for 
          ensuring program resources are available statewide, an 
          identification of how the Program helps to implement the state's 
          international trade and foreign investment strategy and be 
          implemented in a collaborative fashion with other related business 
          assistance programs.

        8)Requires that program reporting be done annually on the BT&H Website 





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          and include, at a minimum, the number of businesses assisted, the 
          size of businesses assisted by number of employees and gross 
          revenues, the number of jobs created and retained, an estimate of 
          the economic impact of the financial assistance and other key 
          program achievements.

        9)Requires consultation with county and city governments on the Export 
          Assistance Program and Partnership, particularly those that have 
          foreign trade offices, on a regular and frequent basis in developing 
          and participating in trade missions or promotional efforts. 

        10)Provides that if any federal requirements prohibit any of the state 
          statutory requirements of the Export Assistance Program, BT&H is to 
          notify the relevant policy and fiscal committees and is then 
          authorized to waive the state rules to the extent necessary to 
          fulfill the federal requirements.

        11)Authorizes BT&H to adopt regulations to implement the Export 
          Assistance Program and clarifies that these provisions apply to 
          state activities on or after January 1, 2012.

        12)States findings and declarations about the Partnership, specifying 
          that the quality and effectiveness of the state's international 
          trade and foreign investment programs and activities are highly 
          dependent on establishing and maintaining an open dialogue with a 
          broad range of trade-related stakeholders including, but not limited 
          to, businesses, trade and business assistance programs, worker 
          organizations, education and workforce training entities, and local 
          governments.

        13) Specifies that as part of the consultation process on the 
          Partnership, BT&H may establish an advisory board with 
          representatives from counties, cities and special districts to 
          advise on the content of the Study and Strategy.  Specifies that the 
          advisory board will discuss collaboration between state and local 
          entities on targeting nations or industries for export, foreign 
          direct investment (FDI) and integration of the EB-5 program.

        FISCAL EFFECT:  According to the Assembly Committee on Appropriations 
        analysis dated May 18, 2011, BT&H estimates that it would cost 
        $600,000 to administer the program envisioned in this bill.  

        COMMENTS:
        
        1. Purpose.  This bill is jointly sponsored by the  Office of Foreign 
           Trade, Economic Development Agency for the County of Riverside  and 





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           the  Assembly Committee on Jobs, Economic Development and the 
           Economy  .  According to the Author, this bill "facilitates local 
           economic development and job creation by assisting small business 
           to access new export markets for their goods and services, updating 
           the law relating to free trade zones, and authorizing the use of 
           new federal funds under the Small Business Jobs Act of 2010."  As 
           the Small Business Jobs Act authorized the implementation of a $90 
           million international trade promotion program, states will be 
           applying for these moneys over the next few years.  The Author 
           believes that this bill sets the framework for these applications.  
           The Author also notes that existing law doesn't reflect the state's 
           participation in the federal EB-5 visa program and this bill will 
           codify the state's role.  

        2. Background.  

           a)   Demise of the Technology, Trade and Commerce Agency (TTCA).  
             California's formal trade and trade promotion activities within 
             state government are currently quite limited.   With the 
             elimination of TTCA in 2003, numerous trade related programs and 
             services were eliminated, while the remaining few came under the 
             umbrella of BT&H.  The former International Investment Division 
             under TTCA had 91 employees and a budget of $43 million, allowing 
             it to engage in activities like formal marketing.  There is now 
             only a very small number of former International Investment 
             Division staff working on trade related issues and activities for 
             the state.       

             Beginning in the 2005-06 session, several legislative measures 
             were introduced to reinstate the state's trade authority.   SB 
             1513  (Romero, Chapter 663, Statutes of 2006) addressed these 
             concerns by requiring BT&H to undertake a trade study to 
             determine what role the state should play in international trade 
             and foreign investment activities and required them to establish 
             a business advisory committee, and development of a trade 
             strategy consistent with the study and acts as the vehicle for 
             implementing the state's trade policy. The first strategy was 
             published in February 2008, and the next update is required in 
             February 2013.  The strategy includes policy goals, objectives 
             and recommendations necessary to implement an international trade 
             and investment program, measurable outcomes and timelines, 
             impediments for achieving goals and objectives, identification of 
             key stakeholder partnerships, funding options, and an 
             organizational structure for administration of policies, programs 
             and services.






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             The overarching policy of the strategy is to increase jobs by 
             promoting the export of California products and services, while 
             also promoting foreign direct investment.  Five primary 
             objectives are: (1) Leverage existing services to provide export 
             assistance to companies in prioritized industry clusters; (2) 
             Develop a foreign direct investment program; (3) Promote and 
             leverage the California brand; (4) Monitor and engage the federal 
             government in regards to U.S. trade policy; and (5) Integrate 
             international trade and investment into the state's overall 
             economic development strategy.

           b)   Current State Programs.  According to information provided by 
             the Author, in support of local and private sector trade and 
             investment activities, the state has several ongoing programs, 
             including the Foreign Trade Zones (FTZ) and the Centers for 
             International Trade Development (CITD).  
             
             FTZs are areas within the state where goods may be imported 
             without adhering to all U.S. Customs rules or tariffs.  The 
             program is designed to promote foreign trade and global supply 
             chains while retaining domestic employment that might otherwise 
             go to foreign countries.  Merchandise admitted into a zone may, 
             among other things, be stored, exhibited, repacked, assembled, 
             graded, cleaned, processed, tested, labeled, and mixed with 
             foreign merchandise.  There are two types of FTZs - General 
             Purpose and Subzone Purpose Zones.  Subzones, sponsored by a 
             General Purpose Zone, are generally located within an industrial 
             park or port complex whose facilities are also used by the 
             general public.  These zones are established by the federal 
             government with companion state statute authorization.  
             California has 17 general purpose FTZs out of 234 zones in the 
             U.S. including zones located in Eureka, Imperial, Long Beach, Los 
             Angeles, March JPA, Merced, Oakland, Palmdale, Palm Springs, 
             Sacramento, San Diego, San Francisco, Port Hueneme, San Jose, 
             Santa Maria, Southern California Logistics Airport, and Stockton.

             The Centers for International Trade Development were established 
             15 years ago to enhance the global competitiveness of California 
             companies and to support international trade development in local 
             communities. The California Community College System administers 
             the state's CITDs.  Currently, there are 14 CITD offices 
             throughout California and partnership agreements with almost 200 
             organizations throughout the state.  .
             The centers, located in a majority of the urban areas of the 
             state, offer technical assistance and consultation to firms doing 
             business, or trying to do business globally.  The northern most 





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             areas of the state are serviced through offices in Community 
             Colleges located in Sacramento and San Bruno, and the most 
             southern center is located in Chula Vista.

             Services provided through the CITDs include, but are not limited 
             to, free or low cost import and export education programs, 
             one-on-one counseling, access to international trade shows, 
             opportunities to join trade missions, a "Help Desk" for advising 
             on international business transaction challenges, and access to a 
             trade information database (  www.citd.org/trade_info/index.cfm  ) on 
             their Website.  The CITDs serve over 2,500 businesses and 
             entrepreneurs in California each year.  According to the CITD 
             Website, companies that worked with CITDs reported trade 
             transactions of over $230 million last year 

           c)   EB-5 Program.  The EB-5 visa category, which was created by 
             Congress in 1990, is available to immigrants seeking to enter the 
             United States in order to invest in a business or company that 
             will benefit the economy.  This federal program is administered 
             by the US Citizenship and Immigration Service (USCIS).  The name 
             "EB-5" is derived from the fact that it is the 5th category of an 
             Employment-Based visa.  Permanent-resident status through an EB-5 
             visa is available to foreign investors who have invested - or are 
             actively in the process of investing - at least $1million into a 
             new commercial enterprise, which can entail:  (1) the creation of 
             an original business;  (2) the purchase of an existing business 
             and restructuring or reorganizing the business to the extent that 
             a new commercial enterprise results; or, (3) a significant 
             expansion of an existing business. 

             10,000 EB-5 visas are made available per year by USCIS.  Close to 
             4,300 investors attained EB-5 status in 2009, up from only 
             hundreds in 2007.  

             An applicant seeking status as an immigrant investor must 
             demonstrate that his or her investment will benefit the U.S. 
             economy and create full-time employment for at least ten 
             qualified individuals, or maintain the number of existing 
             employees in a troubled business.  If the investment in a new 
             commercial enterprise is made in a targeted employment area 
             (TEA), the required investment is decreased to $500,000.  A TEA 
             is either a high-unemployment area that has experienced an 
             unemployment rate of at least 150% of the national average rate, 
             or a rural area. 

             In addition to individual investors, the federal government can 





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             also recognize regional centers which allow for a pooling of 
             investor money.  There are at least 31 federally-recognized 
             regional centers currently operating in California, significantly 
             more than any other state.  These regional centers are based 
             across the state.  Their focuses vary widely, and include 
             commercial real estate development, agricultural products, film 
             project, and high-tech ventures.  

             Applicants to the EB-5 visa program must demonstrate that they 
             meet all requirements of the program prior to the filing with the 
             USCIS.  If it is determined that the investment criteria is met 
             and properly documented, any investor may be granted conditional 
             permanent residence status for a period of two years by USCIS.  A 
             permanent green card may be issued at the end of the conditional 
             period.  

             Currently, the Governor's Office of Economic Development (GOED) 
             serves as a resource to connect those interested in receiving 
             foreign investment through EB-5 with the necessary state entities 
             responsible for the identification and designation of targeted 
             employment areas (TEA).  According to GOED, in accordance with 
             Title 8, Code of Federal Regulations Section 204.6(i), the 
             California Employment Development Department (EDD) has been 
             delegated the authority by the state to designate the cities, 
             counties, metropolitan statistical areas, and geopolitical 
             subdivisions (census tracts) that meet the high unemployment 
             definition to qualify for the $500,000 minimum investment 
             threshold as TEAs for EB-5 program purposes.  

             Unemployment rates for cities, counties and census tracts are 
             published annually and the state uses the most recent calendar 
             year labor force and unemployment estimates to establish high 
             unemployment rates and high unemployment areas. 

             Upon the request of the applicant or an alternative 
             representative body, staff at BT&H may determine that a specific 
             metropolitan statistical area, a county within a metropolitan 
             statistical area, or a county in which a city or town with a 
             population of 20,000 or more is located, is a TEA.  In order to 
             make such a determination, the county, city or census tract in 
             question must experience an average unemployment rate of 150 
             percent of the national average.  

             There are many examples of areas and developments that have 
             benefitted from foreign investment through EB-5, most especially 
             as businesses routinely cite access to capital as a roadblock to 





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             successful development of new or growth of existing ventures.  
             According to a recent article in the Sacramento Bee, there are 
             now close to15,000 people who work at McClellan Business Park, a 
             residential and industrial development at the former McClellan 
             Air Force Base which closed in 2001, resulting in the loss of 
             some 12,000 jobs in the region.  The transformation was completed 
             with the help of $18 million invested by 
             36 immigrants from China, Mexico and an array of other countries 
             who have applied for EB5 visas.

             Nationally, the state of Vermont is home to one of the largest 
             success stories from EB-5 investment.  The New York Times and 
             National Public Radio (NPR) both reported extensively on a ski 
             resort that was able to expand from seasonal winter recreation to 
             being a year-round resort after raising nearly $200 million 
             dollars from foreign investors (South Africa, Sweden, Canada, 
             Mexico and England).  The entire state of Vermont is now 
             recognized as a regional center called the Vermont Agency of 
             Community Development which focuses on bringing foreign 
             investment to the tourism, manufacturing, professional services, 
             education and information publishing industries in the state.  
             The state formally markets and promotes the availability of EB-5 
             status to gain foreign investment and is a model for state 
             involvement in securing this type of money.  On its Website, 
             Vermont publicizes a swift approval process for projects, state 
             oversight of projects and activities to assure compliance with 
             U.S. Immigration Law, and hands-on involvement by Vermont elected 
             officials, including the Governor and Congressional delegation.  

        3. The California Landscape.  According to information provided by the 
           Author, international trade is a very important component of 
           California's $1.9 trillion economy.   If California were a country, 
           it would be the 11th largest exporter in the world.  Exports from 
           California accounted for over 11% of total U.S. exports in goods, 
                                               shipping to over 226 foreign destinations in 2010.  

           California's land, sea, and air ports of entry serve as key 
           international commercial gateways for products entering the 
           country.  California exported $143 billion in goods in 2010, 
           ranking only second to Texas with $163 billion in export goods.  

           Computers and electronic products were California's top exports in 
           2010, accounting for 31.1% of all state exports, or $43 billion.  

           Manufacturing is California's most export-intensive activity.  
           Overall, manufacturing exports represent 9.4% of California's gross 





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           domestic product.  More than one-fifth (21.9%) of all manufacturing 
           workers in California directly depend on exports for their jobs.  

           Small- and medium-sized firms generated more than two-fifths (43%) 
           of California's total exports of merchandise. This represents the 
           seventh highest percentage among states and is well above the 29% 
           national average export share for these firms.

           Mexico is California's top trading partner, receiving $21 billion 
           in goods in 2010 followed by Canada and China.

        4. New Federal Funding for Trade Promotion Efforts.  On Sept. 27, 
           2010, President Obama signed into law the Small Business Jobs Act, 
           which aims to promote and foster small business growth.  According 
           to the Small Business Administration (SBA) the new law increases 
           lending in an array of aspects and grants equal and easier access 
           to federal contracting programs. The law also provides further 
           pathways to drive small business exports. Specifically, the law has 
           several ways in which to achieve an increase in exports, including 
           increasing deductions for trade expenditures from $5,000 to $10,000 
           and establishing the Export Promotion Act which allows small 
           business to gain access to additional resources by increasing the 
           US Department of Commerce's authority to provide grant funding to 
           industry associations and non-profit institutions.  According to 
           estimates, the Export Promotion Act has the potential to create 
           40,000 jobs and $56.6 million in exports can be expected for every 
           $1 million dollars in secured funding.  


           The Small Business Jobs Act also enhances small business trade 
           opportunities by increasing the importance of international trade 
           within the SBA as well as the creation of the State Promotion Grant 
           Program (STEP).  The STEP pilot grant initiative is authorized to 
           provide up to $90 million in competitive grants to states over the 
           next three years, $30 million per year beginning in the current 
           federal fiscal year 2011, with the aim of achieving two goals: 
           (1) increase the number of small businesses that want to export 
           and, ( 2) increase the value of exports for those small businesses 
           that currently export. 

           Activities that can be supported with grant dollars under this 
           initiative may include: participation in foreign trade missions, 
           foreign market sales trips, subscription services provided by the 
           US Department of Commerce, design of international marketing 
           products or campaigns, export trade show exhibits, training 
           workshops or other export initiatives that are in line with the 





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           goals of the pilot grant initiative.

           A state may not submit more than one application for a grant under 
           the initiative, but may apply each federal fiscal year through the 
           3-year term of the pilot grant initiative.  BT&H chose not to apply 
           for the funding and in April, the Governor designated the 
           Chancellor's Office of the California Community Colleges as the 
           sole state entity to apply for the first round of STEP funding on 
           behalf of the state.  It is anticipated that a successful 
           California application would result in $3 million for local and 
           state collaborative trade promotion efforts.  

        5. President Obama's National Export Initiative (NEI).  On March 11, 
           2010, President Obama signed Executive Order 13534, the National 
           Export Initiative (NEI).  The goal of the initiative is to address 
           the "economic and financial crisis that has led to the loss of 
           millions of U.S. jobs" by "ensuring businesses can actively 
           participate in international markets by increasing their exports of 
           goods, services, and agricultural products" and improving 
           "conditions that directly affect the private sector's ability to 
           export." 

           NEI aims to create jobs and improve the economy through its five 
           objectives: (1) improving advocacy efforts on behalf of U.S. 
           exporters; (2) increased access to export financing; 
           (3) reinforced efforts to remove barriers to trade; (4) enforcement 
           of trade rules; and 
           (5) international promotion of policies leading to strong, 
           sustainable and balanced economic growth.

           Additionally, it established an Export Promotion Cabinet (Cabinet) 
           to develop and coordinate the implementation of NEI which meets 
           periodically and reports to the President on the progress of NEI.  
           The Cabinet coordinates with the Trade Promotion Coordinating 
           Committee, established by Executive Order 12870.

           Policies stemming from the NEI, coupled with the global economic 
           rebound, led to an almost 17 percent growth in exports in the first 
           four months of 2010 from the same period in 2009, putting the U.S. 
           on track to reach the President's goal of doubling exports and 
           supporting several million new jobs over five years.  As a result 
           of the NEI, the US Department of Commerce coordinated 18 trade 
           missions with over 160 companies participating in 
           24 countries.   

        9.Related Legislation.    SB 460  (Price) of 2011 requires the Secretary 





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          of BT&H to convene a statewide business partnership for 
          international trade marketing and promotion that includes, but is 
          not limited to, representatives of public airports, land ports of 
          entry, seaports, ocean carriers, marine terminal operators, air 
          carriers, warehouse operators, railroads, trucking companies, 
          foreign trade zones, and shippers, specifically including 
          agricultural exporters, manufacturers, post-consumer secondary 
          material handlers, and retailers.  The bill also requires the 
          partnership to advise the Secretary on what role the state should 
          play in international trade marketing and promotion, as specified.  
          The bill is pending before the Assembly Committee on Jobs, Economic 
          Development and the Economy.
           
           SCR 33  (Price) of 2011, expresses the sentiment of the Legislature 
          that the federal EB-5 visa program is beneficial to California's 
          economic development and provides important opportunities for 
          foreign direct investment to California.  The bill is pending 
          assignment in the Assembly.  

           AB 29  (John A. Perez) of 2011, the Economic Revitalization Act, 
          establishes GOED in statute, under the control of a Director, 
          appointed by the Governor subject to confirmation by the Senate 
          Committee on Rules, to serve as the lead entity for economic 
          strategy and the marketing of California on issues relating to 
          business development, private sector investment, and economic 
          growth.  The measure is pending before the Senate Committee on 
          Governmental Organization.     

           AB 1409  (Assembly Committee on Jobs, Economic Development and the 
          Economy) of 2011, requires that the next update of the international 
          trade and investment strategy by the Business, Transportation and 
          Housing Agency (BT&H) include policy goals, objectives and 
          recommendations from the state Goods Movement Action Plan (GMAP), as 
          well as related measurable outcomes and timelines.  The bill is also 
          scheduled to be heard in this Committee today.  

           AB 1410  (Assembly Committee on Jobs, Economic Development and the 
          Economy) of 2011, reorganizes the statutory placement of the 
          California-Mexico Affairs Office and the California-Mexico Border 
          Relations Council from a general title within state government to a 
          more specific title on foreign relations within the Government Code, 
          but does not make any changes to the content of sections.  The bill 
          passed this committee on June 13 with an 8-0 vote and is pending on 
          the Senate Floor.
            
          SB 1175  (Price) of 2010, would have required the Secretary of BT&H 





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          to direct the California Travel and Tourism Commission (Commission) 
          to conduct a review of its principal mission and core competencies 
          in order to determine if the Commission should include trade 
          promotion in its strategic marketing plan or other future plans of 
          the commission and provide a report to the Legislature.  The bill 
          was held in the Senate Committee on Rules.  

           AB 2443  (Perez) of 2010, would have required the state point of 
          contact for trade agreements to provide specified Legislative 
          committees with copies of any official position taken or comments, 
          that any entity within the executive branch of state government 
          provided to the U.S. Trade Representative relating to a pending 
          trade agreement.  The bill also created a new process for the 
          establishment of Sister State relationships with a purpose of 
          promoting economic growth and trade and investment opportunities.  
          The measure was vetoed by the Governor.  In his veto message, the 
          Governor wrote that the "bill would not only cause confusion but 
          also undermine the strength of California's position by allowing the 
          Legislature to insert itself into international trade agreement 
          discussions and negotiations."   
            
           AB 2734  (John A. Perez) of 2010, would also have established GOED in 
          statute but was vetoed by the Governor.  In his veto message, 
          Governor Schwarzenegger indicated that requiring confirmation of the 
          GOED Director by the Senate Committee on Rules served as rationale 
          for the veto.  
           
          AB 1558  (Assembly Committee on Jobs, Economic Development and the 
          Economy) of 2009, recodified and reorganized sections of the 
          Government Code to create one comprehensive code for the state's 
          international trade activities and programs.  The measure was 
          amended to deal with reorganization of the state's economic 
          development programs.  The bill was held in the Senate Committee on 
          Appropriations in 2010.

           AB 1276  (Skinner) of 2009, would have prohibited a state official, 
          including the Governor, from binding the state, or giving consent to 
          the federal government to bind the state, to provisions of a 
          proposed International Trade Agreement, including the government 
          procurement rules, unless a statute is enacted that explicitly 
          authorizes a state official to bind the state or to give consent to 
          bind the state to that trade agreement.  The measure was vetoed by 
          the Governor.  In his veto message, the Governor wrote that the bill 
          "places unnecessary hurdles on international trade and unnecessarily 
          complicates processes.  Additionally, the bill would defy current 
          agreements with the World Trade Organization and existing trade 





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          agreements."  

           AJR 27  (Torrico, Chapter 145, Statutes of 2010) memorializes 
          Congress that the California Legislature opposes the United 
          States-Colombia Trade Promotion Agreement.   
            
          AB 89  (Garcia) of 2008, would have required BT&H to prepare a study 
          by January 1, 2010, regarding infrastructure development along the 
          California/Mexico border, including an assessment of whether 
          alternative financing mechanisms may be necessary to meet the 
          development needs of the bi-national region.  The bill was vetoed by 
          the Governor.  In his veto message, the Governor stated that its 
          provisions are already addressed through international, federal, and 
          state planning and coordinating channels and that the bill was 
          therefore unnecessary.

           AB 1719  (Assembly Committee on Jobs, Economic Development and the 
          Economy) of 2008, would have made technical and non-substantive 
          changes to codes relating to the state's international trade 
          activities but was later amended to deal with an entirely different 
          subject matter.  The bill was held in the Assembly Committee on 
          Rules. 

           AB 1722  (Assembly Committee on Jobs, Economic Development and the 
          Economy) of 2008, would have required BT&H to provide the 
          Legislature with a copy of the international trade and investment 
          policy, which is a result of its work on the required international 
          trade study and strategy.  The bill was vetoed by the Governor.  In 
          his veto message, the Governor stated that he was unable to sign the 
          bill citing state budget time constraints and a belief that the bill 
          did not meet a high enough priority to be signed.

           AJR 55  (Villines) of 2008, memorialized Congress that the California 
          Legislature supports the United States-Colombia Trade Promotion 
          Agreement.  This measure failed passage in the Assembly Committee on 
          Jobs, Economic Development, and the Economy.

           AJR 14  (Jeffries, Chapter 73, Statutes of 2007) memorializes the 
          President and Congress to enact legislation to ensure that a 
          substantial increment of new revenues derived from customs duties 
          and importation fees be dedicated to mitigating the economic, 
          mobility, security, and environmental impacts of trade in California 
          and other trade-affected states across the U.S.  

           SB 1513  (Romero, Chapter 663, Statutes of 2006) provides new 
          authority for BT&H to undertake international trade and investment 





                                                                        AB 1137
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          activities, and as a condition of that new authority, directs the 
          development of a comprehensive international trade and investment 
          policy for California.  

        10.Arguments in Support.  Supporters like the  Office of Foreign Trade, 
           Economic Development Agency for the County of Riverside  and 
            California Small Business Development Centers  note that given the 
           current harsh economic conditions, high unemployment and high 
           numbers of bankruptcies in the state, this bill will assist in 
           important economic development and job creation.   
        

        SUPPORT AND OPPOSITION:
        
         Support:  

        Office of Foreign Trade, Economic Development Agency for the County of 
        Riverside (Joint - Sponsor)
        California Small Business Development Centers
        California Small Business Development Centers, U.C. Merced Regional 
        Network
        CDC Small Business Finance
        Inland Empire Economic Partnership
        Yuba Sutter Economic Development Corporation

         Opposition:  None received as of June 22, 2011.



        Consultant:Sarah Mason