BILL NUMBER: AB 2012 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2012
INTRODUCED BY Assembly Member John A. Pérez
FEBRUARY 23, 2012
An act to amend Sections 13996.45, 13996.55,
13996.6, 13996.65, 13996.7, and 13996.75 ,
13997, 13997.6, and 99500 of , to add Sections 13996.41
and 13996.42 to, to repeal Sections 13996.45, 13996.6, and 13996.7
of, and to repeal and add Section 13996.65 of, the Government
Code, and to amend Section 71040 of the Public Resources Code,
relating to economic development.
LEGISLATIVE COUNSEL'S DIGEST
AB 2012, as amended, John A. Pérez. Economic development.
(1) Existing law, the California Trade and Investment Act,
designates the Business, Transportation and Housing Agency as the
state agency primarily responsible for international trade and
investment activities in the state, subject to specified conditions.
The act authorizes the Secretary of Business, Transportation and
Housing to, in that capacity, carry out various powers and duties
related to encouraging international trade and investment in the
state, including, among others, developing an international trade and
investment policy and strategy for the state, and convening or
joining a statewide business partnership for international trade and
investment. The act also imposes various related restrictions on the
secretary's authority.
This bill would instead require that the Governor's Office of
Business and Economic Development serve as the state agency primarily
responsible for international trade and investment activities in the
state, and, in that capacity, authorize that agency to carry out
the specified powers and duties
described above .
(2) Existing law requires a business or entity to obtain various
environmental permits prior to undertaking any project that may have
an impact on the environment. Existing law also requires the
Secretary for Environmental Protection to establish an electronic
online permit assistance center for the purpose of assisting a
business or other entity with complying with certain
laws and regulations implemented by a board,
department, or office within the California Environmental Protection
Agency .
This bill would instead require the Governor's Office of Business
and Economic Development to establish and maintain the electronic
online permit assistance center described above. The bill would
expand the scope of the electronic online permit assistance center to
include any business or other entity subject to a law or regulation
implemented by any agency, authority, bureau, board, commission,
conservancy, council, department, state district, or office.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13996.41 is added to the
Government Code , to read:
13996.41. (a) The Governor's Office of Business and Economic
Development shall develop and implement an International Trade and
Investment Program that does all of the following:
(1) Attracts employment-producing direct foreign investment to the
state.
(2) Provides support for California businesses in accessing
international markets, including assistance to increase California
exports.
(3) Engages in other international trade or foreign investment
activities assigned by the Governor.
(b) The Director of the Governor's Office of Business and Economic
Development may establish international trade and investment offices
outside of the United States as he or she determines is appropriate
if the requirements of Section 13996.65 are satisfied.
(c) This section shall not be construed to confer powers or impose
duties imposed upon the Governor's Office of Business and Economic
Development that conflict with any powers conferred or duties imposed
upon the Department of Food and Agriculture with respect to the
promotion of California agriculture, fish, or forest exports.
(d) The Governor's Office of Business and Economic Development
shall develop a conflict-of-interest and gift policy that applies to
the Governor's Office of Business and Economic Development and all
international trade and investment offices established by it.
(e) Any international trade and investment office established by
the Governor's Office of Business and Economic Development may be
funded only by nonstate funds. The sources and amounts of these funds
shall be disclosed on it's Internet Web site within 30 days of
receipt and shall include, but not be limited to, the name of the
contributor and the amount contributed.
SEC. 2. Section 13996.42 is added to the
Government Code , to read:
13996.42. The Governor's Office of Business and Economic
Development may establish an international trade and investment
office outside of the United States if both of the following
conditions are met:
(a) The country where an international trade and investment office
would be located has the greatest potential for direct foreign
investment in California, export growth, or both, as determined by
the director.
(b) The Director of the Governor's Office of Business and Economic
Development has included the new international trade and investment
office in the Governor's Office of Business and Economic Development'
s current annual program budget and strategy and business plan for
the year for the International Trade and Investment Program as
required by Section 13996.65 of the Government Code.
SECTION 1. Section 13996.45 of the Government
Code is amended to read:
13996.45. (a) (1) Subject to paragraph (2), and subject to
Section 13996.75, the Governor's Office of Business and Economic
Development shall be the primary state agency authorized to do all of
the following:
(A) Attract employment-producing foreign investment to the state.
(B) Cooperate in international public infrastructure projects.
(C) Provide support for California business in accessing
international markets, including, but not limited to, export
assistance.
(D) Engage in other trade or foreign investment related activities
specifically assigned by the Governor.
(2) Nothing in this chapter shall be construed to confer powers or
impose duties upon the agency in conflict with any powers conferred
or duties imposed upon the Department of Food and Agriculture with
respect to the promotion of California agriculture, fish, and forest
exports.
(b) The international trade and investment activities of the
agency shall be monitored by the Legislature, and all public moneys
in its budget expended for those purposes, shall be subject to
approval by the Legislature.
(c) The Director of the Governor's Office of Business and Economic
Development shall develop an international trade and investment
policy and shall provide guidance to strategies and plans from other
agencies and departments related to workforce and infrastructure
development.
(d) California's international trade and investment policy shall
be directed through its state strategy, which shall be based on
current and emerging market conditions and the needs of investors,
businesses, and workers to be competitive in global markets.
SEC. 3. Section 13996.45 of the
Government Code is repealed.
13996.45. (a) (1) Subject to paragraph (2), and subject to
Section 13996.75, the Business, Transportation and Housing Agency
shall be the primary state agency authorized to do all of the
following:
(A) Attract employment-producing foreign investment to the state.
(B) Cooperate in international public infrastructure projects.
(C) Provide support for California business in accessing
international markets, including, but not limited to, export
assistance.
(D) Engage in other trade or foreign investment related activities
specifically assigned by the Governor.
(2) Nothing in this chapter shall be construed to confer powers or
impose duties upon the agency in conflict with any powers conferred
or duties imposed upon the Department of Food and Agriculture with
respect to the promotion of California agriculture, fish, and forest
exports.
(b) The international trade and investment activities of the
agency shall be monitored by the Legislature, and all public moneys
in its budget expended for those purposes, shall be subject to
approval by the Legislature.
(c) The Secretary of Business, Transportation and Housing shall
develop an international trade and investment policy and shall
provide guidance to strategies and plans from other agencies and
departments related to workforce and infrastructure development.
(d) California's international trade and investment policy shall
be directed through its state strategy, which shall be based on
current and emerging market conditions and the needs of investors,
businesses, and workers to be competitive in global markets.
SEC. 2. SEC. 4. Section 13996.55 of
the Government Code is amended to read:
13996.55. (a) The Director of the Governor's Office of Business
and Economic Development shall provide to the Legislature, not later
than February 1, 2008 2014 , a strategy
for international trade and investment that, at a minimum, includes
all of the following:
(1) Policy goals, objectives, and recommendations necessary to
implement a comprehensive international trade and investment program
for the State of California. This information shall be provided in a
fashion that clearly indicates priority within the overall strategy.
(2) Measurable outcomes and timelines for the goals, objectives,
and actions for the international trade and investment program.
(3) Identification of impediments for achieving goals and
objectives.
(4) Identification of key stakeholder partnerships that will be
used in implementing the strategy.
(5) Identification of options for funding recommended actions.
(6) Identification of an international trade and investment
organizational structure for the state administration of
international trade and investment policies, programs, and services.
(b) In the course of developing the strategy, the director shall
also consult with other agencies, boards, and commissions that have
statutory responsibilities related to workforce development,
infrastructure, business, and international trade and investment
including, but not limited to, the California Commission on
Industrial Innovation, the Office of the Small Business Advocate, the
California Transportation Commission, the California Community
Colleges, the University of California, the California State
University, the Workforce Investment Board, the Employment Training
Panel, and the California Energy Commission.
(c) The strategy shall be submitted to the Chief Clerk of the
Assembly and the Secretary of the Senate. A copy of the strategy
shall be provided to the Speaker of the Assembly, the President pro
Tempore of the Senate, and the chairs of the Assembly Committee on
Jobs, Economic Development, and the Economy and the Senate Committee
on Business, Professions and Economic Development, or the successor
committees with jurisdiction over international trade and economic
development programs.
(d) (1) The strategy shall be reviewed in at least one public
hearing by the relevant policy and fiscal committees of each house of
the Legislature. The hearings shall be held within 60 days of the
strategy being submitted to the Legislature. If the strategy is
submitted when the Legislature is in recess, the hearings shall occur
within 60 days of the members convening.
(2) The legislative committees may make recommendations to the
director on the strategy, and the director may modify the strategy
accordingly.
(e) The director shall report to the fiscal committees of the
Legislature on or before February 1, 2009, and by that date each year
thereafter, on how the Governor's proposed budget relates to the
strategy.
(f)
(d) The strategy shall be updated pursuant to the
procedures of this section at least once every five years.
SEC. 3. Section 13996.6 of the Government Code
is amended to read:
13996.6. (a) The Director of the Governor's Office of Business
and Economic Development shall convene a statewide business
partnership for international trade and investment no later than
March 1, 2007.
(b) The business partnership shall include representatives from
small, medium, and large businesses and industries, as well as
nongovernmental organizations and government representatives.
(c) The business partnership shall advise the director on business
needs and strategy priorities as they relate to international trade
and investment.
SEC. 4. Section 13996.65 of the Government Code
is amended to read:
13996.65. (a) (1) The Director of the Governor's Office of
Business and Economic Development is prohibited from establishing any
international trade and investment office unless the following
conditions are met:
(A) The director determines that, based on a review of the
international trade and investment policies and the recommendations
and priorities established in the international trade and investment
strategy developed pursuant to Section 13996.55, it is appropriate to
consider establishing international trade and investment offices.
(B) The director prepares a separate international trade and
investment office strategy, that meets the requirements and
conditions of this section.
(C) The international trade and investment office strategy
receives statutory authorization pursuant to the requirements and
conditions of this section.
(D) The director submits a business plan to the Legislature, that
meets the requirements of Section 13996.7.
(2) This chapter does not apply to any international trade and
investment office established pursuant to Section 13997.1.
(b) If the director determines that opening international trade
and investment offices is in the best interest of the state, the
director shall develop a strategy for selecting, opening, and
managing international trade and investment offices.
(c) The international trade and investment office strategy shall
conform to at least all of the following requirements:
(1) It shall be based on the needs and priorities of California's
businesses.
(2) It shall be consistent with the resources and priorities of
the overall trade and investment strategy submitted to the
Legislature pursuant to Section 13996.55.
(3) It shall define the program's goals, objectives, and timelines
for achieving quantifiable targets. Individual offices may have
separate missions or play different roles within the overall
international trade and investment office strategy. To the extent
that the proposed offices are expected to assist businesses in
opening new markets, these activities shall be targeted primarily to
small- and medium-sized businesses.
(4) It shall outline the Governor's Office of Business and
Economic Development's management and oversight responsibilities,
funding levels, and activities.
(5) It shall outline how international trade and investment office
locations will be selected by the director and approved by the
Governor, including the general geographic locations, number of
offices, a process for determining how long an office should remain
operational, and duties undertaken by the offices.
(6) It shall define how the offices will be funded, including
funding for oversight and monitoring.
(7) It shall consider how offices will be staffed, including
staffing levels and types of positions needed to operate the offices
proposed in the international trade and investment office strategy.
(8) It shall provide a conflict-of-interest policy and gift
policy.
(9) It shall provide for the appointment of a senior level
international trade and investment office manager as described in
subdivision (c) of Section 99106.
(d) The international trade and investment office strategy shall
be submitted to the Chief Clerk of the Assembly and the Secretary of
the Senate. A copy of the strategy shall be provided to the Speaker
of the Assembly, the President pro Tempore of the Senate, and the
chairs of the Assembly Committee on Jobs, Economic Development, and
the Economy and the Senate Committee on Business, Professions and
Economic Development, or the successor committees with jurisdiction
over international trade and economic development programs.
(e) (1) The international trade and investment office strategy
shall be reviewed in at least one public hearing by the relevant
policy and fiscal committees of each house of the Legislature. The
hearings shall be held within 60 days of the strategy being submitted
to the Legislature. If the strategy is submitted when the
Legislature is in recess, the hearings shall occur within 60 days of
the members convening.
(2) The legislative committees may make recommendations to the
director on the strategy, and the director may modify the strategy
accordingly.
(f) The international trade and investment office strategy shall
be updated no less than every five years from the date that the first
strategy is submitted to the Chief Clerk of the Assembly and the
Secretary of the Senate.
(g) The international trade and investment office strategy shall
be implemented only upon statutory authorization by the Legislature.
SEC. 5. Section 13996.7 of the Government Code
is amended to read:
13996.7. (a) Except as specified in Section 13997.1,
international trade and investment offices are prohibited from being
established except under the conditions specified in the
international trade and investment office strategy described in
Section 13996.65. Except as specified in Section 13997.1, no office
may be established except as provided in this chapter.
(b) In establishing offices pursuant to this section, the Director
of the Governor's Office of Business and Economic Development shall
submit to the Legislature a business plan for each proposed office,
which shall include, but not be limited to, all of the following:
(1) The mission of the office, goals, objectives, and timelines
for achieving quantifiable targets.
(2) The level of staffing and staff expertise requirements needed
to successfully operate the office.
(3) The proposed terms for the operation of the offices, including
the duration and oversight needed for office operations.
(4) How the opening of the office relates to the international
trade and investment office strategy and the overall international
trade and investment strategy.
(c) (1) The international trade and investment offices shall be
under the direction of a manager of international trade and
investment offices within the Governor's Office of Business and
Economic Development, to be designated by the director. The manager
shall be an individual with experience in management and oversight of
public agencies or experience in international trade, investments,
or global business.
(2) No international trade and investment office shall be opened
until the position of the manager of international trade and
investment offices is filled within the Governor's Office of Business
and Economic Development.
(3) The position of the manager of the international trade and
investment offices shall be a state employee position funded and
staffed in a manner consistent with the international trade and
investment office strategy.
(d) (1) Each office established pursuant to this chapter shall
submit a report to the Governor's Office of Business and Economic
Development by December 1 of each year on meeting its goals,
objectives, and timelines as outlined in its business plan.
(2) The director shall provide a summary of the reports to the
relevant policy committees of each house of the Legislature, as set
forth in paragraph (2) of subdivision (f), by the following February
1 of each year.
(e) The Governor's Office of Business and Economic Development
shall conduct an annual performance review of each office for the
first three years of the office's operation. After this term, upon
the determination of the director, the performance reviews may be
undertaken at a longer interval, but not to exceed five years. If the
director determines that an extended interval is appropriate for a
particular office, this shall be clearly indicated in the director's
report to the Legislature on the activities of the offices.
(f) (1) The director shall contract for an independent study of
the operations and effectiveness of the international trade and
investment offices established pursuant to this section at the
conclusion of the first two years of operation and at four year
intervals after the initial study.
(2) The report on the results of the study shall be submitted to
the Chief Clerk of the Assembly and the Secretary of the Senate no
later than two years after the opening of the first office pursuant
to this chapter. A copy of the report shall be provided to the
Speaker of the Assembly, the President pro Tempore of the Senate, and
the chairs of the Assembly Committee on Jobs, Economic Development,
and the Economy and the Senate Committee on Business, Professions and
Economic Development, or the successor committees with jurisdiction
over international trade and economic development programs.
(g) International trade and investment offices shall be funded
only according to the international trade and investment office
strategy authorized pursuant to subdivision (g) of Section 13996.65,
except as provided for in Section 13997.1. All nonstate sources of
funding shall be identified on the Governor's Office of Business and
Economic Development's Internet Web site by name and the amount
contributed. The Governor's Office of Business and Economic
Development shall be responsible for all state administrative and
oversight costs. The Governor's Office of Business and Economic
Development shall also be responsible for some portion of the costs
of each office, not to exceed one hundred thousand dollars ($100,000)
per office.
(h) Consistent with the international trade and investment office
strategy, the director shall make a determination by September 1 of
each year that sufficient funds have been appropriated in the annual
Budget Act to meet its oversight and management responsibilities
related to the proper operation of the offices. If, in the opinion of
the director, insufficient funding has been provided, the director
shall notify the Joint Legislative Budget Committee and submit a
budget change proposal to request sufficient funding.
SEC. 5. Section 13996.6 of the
Government Code is repealed.
13996.6. (a) The Secretary of Business, Transportation and
Housing shall convene a statewide business partnership for
international trade and investment no later than March 1, 2007.
(b) The business partnership shall include representatives from
small, medium, and large businesses and industries, as well as
nongovernmental organizations and government representatives.
(c) The business partnership shall advise the secretary on
business needs and strategy priorities as they relate to
international trade and investment.
SEC. 6. Section 13996.65 of the
Government Code is repealed.
13996.65. (a) (1) The Secretary of Business, Transportation and
Housing is prohibited from establishing any international trade and
investment office unless the following conditions are met:
(A) The secretary determines that, based on a review of the
international trade and investment policies and the recommendations
and priorities established in the international trade and investment
strategy developed pursuant to Section 13996.55, it is appropriate to
consider establishing international trade and investment offices.
(B) The secretary prepares a separate international trade and
investment office strategy, that meets the requirements and
conditions of this section.
(C) The international trade and investment office strategy
receives statutory authorization pursuant to the requirements and
conditions of this section.
(D) The secretary submits a business plan to the Legislature, that
meets the requirements of Section 13996.7.
(2) This chapter does not apply to any international trade and
investment office established pursuant to Section 13997.1.
(b) If the secretary determines that opening international trade
and investment offices is in the best interest of the state, the
secretary shall develop a strategy for selecting, opening, and
managing international trade and investment offices.
(c) The international trade and investment office strategy shall
conform to at least all of the following requirements:
(1) It shall be based on the needs and priorities of California's
businesses.
(2) It shall be consistent with the resources and priorities of
the overall trade and investment strategy submitted to the
Legislature pursuant to Section 13996.55.
(3) It shall define the program's goals, objectives, and timelines
for achieving quantifiable targets. Individual offices may have
separate missions or play different roles within the overall
international trade and investment office strategy. To the extent
that the proposed offices are expected to assist businesses in
opening new markets, these activities shall be targeted primarily to
small- and medium-sized businesses.
(4) It shall outline the Business, Transportation and Housing
Agency's management and oversight responsibilities, funding levels,
and activities.
(5) It shall outline how international trade and investment office
locations will be selected by the secretary and approved by the
Governor, including the general geographic locations, number of
offices, a process for determining how long an office should remain
operational, and duties undertaken by the offices.
(6) It shall define how the offices will be funded, including
funding for oversight and monitoring.
(7) It shall consider how offices will be staffed, including
staffing levels and types of positions needed to operate the offices
proposed in the international trade and investment office strategy.
(8) It shall provide a conflict-of-interest policy and gift
policy.
(9) It shall provide for the appointment of a senior level
international trade and investment office manager as described in
subdivision (c) of Section 99106.
(d) The international trade and investment office strategy shall
be submitted to the Chief Clerk of the Assembly and the Secretary of
the Senate. A copy of the strategy shall be provided to the Speaker
of the Assembly, the President pro Tempore of the Senate, and the
chairs of the Assembly Committee on Jobs, Economic Development, and
the Economy and the Senate Committee on Business, Professions and
Economic Development, or the successor committees with jurisdiction
over international trade and economic development programs.
(e) (1) The international trade and investment office strategy
shall be reviewed in at least one public hearing by the relevant
policy and fiscal committees of each house of the Legislature. The
hearings shall be held within 60 days of the strategy being submitted
to the Legislature. If the strategy is submitted when the
Legislature is in recess, the hearings shall occur within 60 days of
the members convening.
(2) The legislative committees may make recommendations to the
secretary on the strategy, and the secretary may modify the strategy
accordingly.
(f) The international trade and investment office strategy shall
be updated no less than every five years from the date that the first
strategy is submitted to the Chief Clerk of the Assembly and the
Secretary of the Senate.
(g) The international trade and investment office strategy shall
be implemented only upon statutory authorization by the Legislature.
SEC. 7. Section 13996.65 is added to the
Government Code , to read:
13996.65. (a) The director shall prepare the following:
(1) A budget for the International Trade and Investment Program
that includes a separately stated budget for each international trade
and investment office. The budget shall provide all the following:
(A) A description of how the International Trade and Investment
Program and each individual international trade and investment office
will be funded.
(B) A description of staffing levels and the positions needed to
operate each international trade and investment office.
(2) A strategy and business plan for the International Trade and
Investment Program, developed with input from California businesses
that shall include, but not be limited to, measurable goals,
objectives, and outcomes and timelines necessary to attract
employment-producing direct foreign investment to the state and
increase California exports. The strategy and business plan shall
include, but not be limited to, all of the following:
(A) A description of the staffing levels and staff expertise
needed to operate the international trade and investment office.
(B) A description of monitoring and oversight procedures
implemented for the International Trade and Investment Program.
(C) A description of how a newly proposed international trade and
investment office will facilitate an increase of direct foreign
investment in California, an increase in California exports, or both.
(3) A written review of the implementation of the prior year's
strategy and business plan for the International Trade and Investment
Program that addresses the performance of the program and each
international trade and investment office.
(4) The annual budget, the strategy and business plan for the
International Trade and Investment Program, and the prior year's
review drafted pursuant to subdivision (a) shall be transmitted to
the Chief Clerk of the Assembly, the Secretary of Senate, the Speaker
of the Assembly, the President pro Tempore of the Senate, the chair
of the Assembly Committee on Jobs, Economic Development, and the
Economy and the chair of the Senate Committee on Business,
Professions and Economic Development, or respective successor
committees, with jurisdiction over the international trade and
economic development programs.
SEC. 8. Section 13996.7 of the
Government Code is repealed.
13996.7. (a) Except as specified in Section 13997.1,
international trade and investment offices are prohibited from being
established except under the conditions specified in the
international trade and investment office strategy described in
Section 13996.65. Except as specified in Section 13997.1, no office
may be established except as provided in this chapter.
(b) In establishing offices pursuant to this section, the
secretary shall submit to the Legislature a business plan for each
proposed office, which shall include, but not be limited to, all of
the following:
(1) The mission of the office, goals, objectives, and timelines
for achieving quantifiable targets.
(2) The level of staffing and staff expertise requirements needed
to successfully operate the office.
(3) The proposed terms for the operation of the offices, including
the duration and oversight needed for office operations.
(4) How the opening of the office relates to the international
trade and investment office strategy and the overall international
trade and investment strategy.
(c) (1) The international trade and investment offices shall be
under the direction of a manager of international trade and
investment offices within the agency, to be designated by the
secretary. The manager shall be an individual with experience in
management and oversight of public agencies or experience in
international trade, investments, or global business.
(2) No international trade and investment office shall be opened
until the position of the manager of international trade and
investment offices is filled within the agency.
(3) The position of the manager of the international trade and
investment offices shall be a state employee position funded and
staffed in a manner consistent with the international trade and
investment office strategy.
(d) (1) Each office established pursuant to this chapter shall
submit a report to the agency by December 1 of each year on meeting
its goals, objectives, and timelines as outlined in its business
plan.
(2) The secretary shall provide a summary of the reports to the
relevant policy committees of each house of the Legislature, as set
forth in paragraph (2) of subdivision (f), by the following February
1 of each year.
(e) The agency shall conduct an annual performance review of each
office for the first three years of the office's operation. After
this term, upon the determination of the secretary, the performance
reviews may be undertaken at a longer interval, but not to exceed
five years. If the secretary determines that an extended interval is
appropriate for a particular office, this shall be clearly indicated
in the secretary's annual report to the Legislature on the activities
of the offices.
(f) (1) The secretary shall contract for an independent study of
the operations and effectiveness of the international trade and
investment offices established pursuant to this section at the
conclusion of the first two years of operation and at four year
intervals after the initial study.
(2) The report on the results of the study shall be submitted to
the Chief Clerk of the Assembly and the Secretary of the Senate no
later than two years after the opening of the first office pursuant
to this chapter. A copy of the report shall be provided to the
Speaker of the Assembly, the President pro Tempore of the Senate, and
the chairs of the Assembly Committee on Jobs, Economic Development,
and the Economy and the Senate Committee on Business, Professions and
Economic Development, or the successor committees with jurisdiction
over international trade and economic development programs.
(g) International trade and investment offices shall be funded
only according to the international trade and investment office
strategy authorized pursuant to subdivision (g) of Section 13996.65,
except as provided for in Section 13997.1. All nonstate sources of
funding shall be identified on the agency Web site by name and the
amount contributed. The agency shall be responsible for all state
administrative and oversight costs. The agency shall also be
responsible for some portion of the costs of each office, not to
exceed one hundred thousand dollars ($100,000) per office.
(h) Consistent with the international trade and investment office
strategy, the secretary shall make a determination by September 1 of
each year that sufficient funds have been appropriated in the annual
Budget Act to meet its oversight and management responsibilities
related to the proper operation of the offices. If, in the opinion of
the secretary, insufficient funding has been provided, the secretary
shall notify the Joint Legislative Budget Committee and submit a
budget change proposal to request sufficient funding.
SEC. 6. SEC. 9. Section 13996.75 of
the Government Code is amended to read:
13996.75. The Controller shall not allocate any state funds to
the Governor's Office of Business and Economic Development for
international trade and investment activities if any of the
following conditions occur:
(a) The
the strategy for international trade and investment has
not been submitted to the Legislature pursuant to subdivision (a) of
Section 13996.55 and subdivision (b) of Section 13996.65
by May 1, 2008 2014 , or the strategy
update required by subdivision (f) of that section has not been
completed within six years of the completion of the original strategy
or the most recent update, as applicable.
(b) The report to the fiscal committees of the Legislature
required by subdivision (e) of Section 13996.55 has not been
submitted by May 1 of the year in which it is due.
(c) The summary required by paragraph (2) of subdivision (d) of
Section 13996.7 has not been submitted to the Legislature by May 1 of
the year in which it is due.
(d) The determination required by subdivision (h) of Section
13996.7 has not been made by December 1 of the year in which it is
due.
SEC. 10. Section 13997 of the
Government Code is amended to read:
13997. (a) The Secretary of Business, Transportation and
Housing Governor's Office of Business and Economic
Development may accept private sector moneys in an amount not
in excess of ten thousand dollars ($10,000) per donation made to the
state for the purposes of promoting international trade and
investment, subject to Title 9 (commencing with Section 81000), and
not in excess of a total of ten thousand dollars ($10,000) per
quarter per donor. All private sector moneys shall be used for these
purposes but the donor may specify the international trade and
investment office or international trade or investment event for
which the private sector money shall be used. The private sector
moneys shall be deposited into the Economic Development and Trade
Promotion Account, which is hereby established in the Special Deposit
Fund in the State Treasury. The secretary may expend moneys in the
account, without regard to fiscal years, for the purposes of this
section. Moneys in the Economic Development and Trade Promotion
Account may be allocated to an international trade and investment
office, and if so allocated shall be maintained by that office in an
account. Notwithstanding any other provision of law, the
secretary Director of the Governor's Office of
Business and Economic Development may use the private sector
moneys for expenses incurred to promote international trade and
investment that will directly benefit California business. Records of
donations received and expenditures made pursuant to this section
shall be subject to public disclosure.
(b) The international trade and investment office using the funds
shall memorialize the payment in a written record as follows:
(1) Identifies the donor and the official or officials receiving
or using the payment.
(2) Describes the official agency use and the nature and amount of
each payment.
(3) Is filed with the Business, Transportation and
Housing Agency Governor's Office of Business and
Economic Development that maintains the records of the
agency's statements of economic interests, and the filing
is done within 30 days of the receipt of the payment by the
agency Governor's Office of Business and
Economic Development .
(c) Nothing in this section shall affect any requirement of the
Political Reform Act (Title 9 (commencing with Section 81000)).
SEC. 11. Section 13997.6 of the
Government Code is amended to read:
13997.6. (a) The California Economic Development Fund is hereby
created in the State Treasury for the purpose of receiving federal,
state, local, and private economic development funds, and receiving
repayment of loans or grant proceeds and interest on those loans or
grants.
(b) Upon appropriation by the Legislature, moneys in the Fund may
be expended by the Secretary of Business, Transportation and
Housing Governor's Office of Business and
Economic Development to provide matching funds for
loans or grants to public agencies, nonprofit organizations, and
private entities, and for other economic development purposes,
consistent with the purposes for which the moneys were received.
SEC. 12. Section 99500 of the
Government Code is amended to read:
99500. (a) The Governor is the primary state officer representing
California's interest in international affairs, to the extent that
representation is not in conflict with federal law or the California
Constitution, and except as otherwise specified in this title, to the
extent this title is not in conflict with federal law or the
California Constitution.
(b) The Lieutenant Governor is the Chair of the California
Commission for Economic Development, to improve trade opportunities
for California. The Legislature finds that the commission has
developed international partnerships that provide venues for foreign
companies to do business in the state and for California-based
companies to access foreign markets.
(c) The Attorney General is the chief law officer of California
and as such assists the federal government in defending against
international challenges to California laws.
(d) The Secretary of State oversees the International Business
Relations Program, which aims to develop stronger connections between
the international business community and the state by assisting
foreign business entities with the various filing processes and
procedures in California.
(e) The Department of Food and Agriculture is the primary state
agency for the promotion of California agriculture, fish, and forest
exports.
(f) The Resources Agency and the California Environmental
Protection Agency are the primary state agencies for the promotion of
international exchange of environmental protection technologies,
alternative energy technologies, and the promotion of the transfer of
environmental technology to and from the state.
(g) The Business, Transportation and Housing Agency
Governor's Office of Business and Economic Development
is the primary state agency responsible for international
trade and investment activities in areas other than those covered by
the Department of Food and Agriculture.
(h) Subdivisions (a) to (f), inclusive, are declaratory of, and do
not constitute a change in, existing law.
SEC. 7. SEC. 13. Section 71040 of
the Public Resources Code is amended to read:
71040. The Governor's Office of Business and Economic Development
shall establish an electronic online permit assistance center
through the Internet. The electronic online permit assistance center
shall be available for use by any business or other entity subject to
a law or regulation implemented by a an
agency, authority, bureau, board, commission, conservancy,
council, department, state district, or office
within the California Environmental Protection Agency
, and shall provide a business or other entity with
assistance in complying with those laws and regulations. The center,
which shall be called the "California Government-On Line to Desktops"
or "CALGOLD" program, shall provide special software, "hotlinks
, " and other online resources and tools that may be used by a
business or other entity to streamline and expedite compliance with
laws and regulations implemented by a an
agency, authority, bureau, board, commission, conservancy,
council, department, state district, or office
within the California Environmental Protection Agency
. The CALGOLD program shall, to the extent feasible,
incorporate permit assistance activities of local and federal
entities and of other entities of the state into its operations.