BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2673
                                                                  Page  1

          Date of Hearing:   April 17, 2012

          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT AND THE ECONOMY
                               V. Manuel P�rez, Chair
           AB 2673 (Jobs, Economic Development, and the Economy Committee) 
                           - As Introduced:  March 5, 2012
           
          SUBJECT  :   Geographically Targeted Economic Development Areas 
          (G-TEDA)

           SUMMARY  :   Increases reporting requirements for 
          Geographically-Targeted Economic Development Areas (G-TEDA) to 
          better capture the community impact of tax credits awarded 
          through the program.  Specifically,  this bill  :  

          1)Requires the governing board of each G-TEDA to include in 
            their biannual report to the Department of General Services 
            (DGS) the state and federal resources assessed to serve the 
            residents, workers and businesses in the G-TEDA, including the 
            financial value of local incentives provided. 

          2)Requires the G-TEDA to report information based on the 
            certification applications approved in the zones relating to 
            the hiring credit including: 

             a)   The number of jobs for which certifications have been 
               issued.

             b)   The number of new employees for whom certifications have 
               been issued.

             c)   The number of employees replacing previous employees for 
               whom certifications were issued.

             d)   The number of employees by qualified employee category 
               pursuant to Sections 17053.74 and 23622.7 of the Revenue 
               and Taxation Code.

             e)   The total range of, and the average, median, and mean, 
               employee wage rates that were certified.

             f)   The number of businesses obtaining certification for 
               qualified employees.

             g)   The industry classification, based on the North American 








                                                                  AB 2673
                                                                  Page  2

               Industry Classification System, of businesses obtaining 
               certification of qualified employees.

             h)   The distribution of employee certifications among 
               industry sectors based on the North American Industry 
               Classification System.

             i)   The distribution of employee certifications by the 
               annual receipts and asset value of the business obtaining 
               qualified employee certifications.

             j)   The number of state-certified small businesses that 
               submitted qualified employee certification applications. 

             aa)  The number of state-certified, disabled veteran-owned 
               business enterprises that submitted applications.

           


          EXISTING LAW:  Establishes that the governing board of each 
          G-TEDA shall biennially report to DGS the activities of the 
          G-TEDA in the previous two fiscal years and its plans for the 
          current and following fiscal year, in addition to other 
          specified items. 

           FISCAL EFFECT  :   Unknown 

           COMMENTS  :   

           1)Author's purpose  : According to the author, "AB 2673 makes a 
            number of key administrative changes to the G-TEDA code 
            including allowing the Housing and Community Development 
            Department (HCD) to use census block group data in lieu of 
            census track data.   

            Absent this change, HCD will be unable to use census block 
            group data when the US Census Bureau discontinues using census 
            track data later this year.  The bill also expands the 
            reporting requirements of G-TEDAs to better capture the 
            community impact of tax credits awarded under the program. 

            These are non-controversial changes to current law that 
            improve the operation of the G-TEDA program."









                                                                  AB 2673
                                                                  Page  3

           2)Overview of enterprise zones and other geographically-targeted 
            economic development areas  :  The California Enterprise Zone 
            Program and the other geographically-targeted economic 
            development areas (G-TEDAs) represent the state's primary 
            economic development programs in California.  Eligibility for 
            G-TEDA designation is limited to areas within communities that 
            can demonstrate blighted conditions such as high poverty or 
            high unemployment rates.

            The Department of Housing and Community Development (HCD) 
            administers four G-TEDA programs including: Enterprise Zones 
            (EZs), Manufacturing Enhancement Areas (MEAs), Local Agency 
            Military Base Realignment Areas (LAMBRAs), and the Targeted 
            Tax Area (TTA).

            G-TEDA programs are based on the principle that targeting 
            significant economic incentives to low-income communities 
            allows these communities to more effectively compete for new 
            businesses and retain existing businesses, resulting in 
            increased tax revenues, less reliance on social services, and 
            lower public safety costs.  Residents and businesses directly 
            benefit from these more sustainable economic conditions 
            through improved neighborhoods, business expansion, and job 
            creation.

            The 42 EZs, eight LAMBRAs, two MEAs and one TTA are located in 
            portions of 54 Assembly Districts and 34 Senate Districts.  
            Each zone designation is for a period of 15 years, although 
            the initial zones were given an additional five years due to 
            the slow start-up of the program.  No other extensions have 
            been authorized.
             
            G-TEDAs range in size from one square mile to over 70 square 
            miles and in geographic locations ranging from Eureka and 
            Shasta Valley near the Oregon border to San Diego and Calexico 
            along the Mexican border.  With the approval of the 2006 
            reforms (discussed in the next section), each designated area 
            is governed by a comprehensive economic strategy that details 
            local government commitments, benchmarks, and baselines.

           3)The pursuit of comprehensive reforms  : While the G-TEDA 
            programs have been around for decades, it was not until the 
            winter of 2005 that the first comprehensive legislative 
            oversight hearings were held.  The impetus for these hearings, 
            jointly held by Assembly Committee on Jobs, Economic 








                                                                  AB 2673
                                                                  Page  4

            Development and the Economy (JEDE) and the Assembly Committee 
            on Revenue and Taxation (R&T), was the introduction of several 
            comprehensive and controversial reform efforts in 2004.  
            During the course of these first oversight hearings, the 
            committees struggled to develop a framework for evaluating the 
            state's return on investment.  

            Due to the lack of clear data and the state's poor 
            administration of the program when it was overseen by the now 
            defunct Technology, Trade and Commerce Agency, JEDE's focus 
            shifted to improving the transparency and accountability of 
            the G-TEDA programs as a first step toward broader reform 
            efforts.  Following the three hearings, publication of a final 
            report, and extended work group meetings led by JEDE, 
            legislation was negotiated and approved by the Senate and 
            Assembly Floors on 40-0 and 77-0 votes �AB 1550 (Arambula and 
            Karnette), Chapter 718, Statutes of 2006].

            The requirements of the 2006 reforms were just coming into 
            effect when there were new calls for further G-TEDA reforms in 
            2009.  In preparing to vote on another set of comprehensive 
            reforms, JEDE initiated a second round of hearings, which 
            included an examination of how the prior reforms were 
            progressing and what additional areas were in need of 
            improvement.  During the course of its 2009 review, JEDE held 
            three public hearings, met with a variety of stakeholder 
            groups, and produced an updated report that detailed the 
            structure and activities of the G-TEDA programs.  Speakers 
            included economic development practioners, researchers, 
            nonprofit organizations, local governments, labor, and 
            business leaders. 

            A final summary report of the proceedings was released by JEDE 
            in January 2010.  It included a comparative review of how 
            California's program compared to other state's enterprise zone 
            programs, summaries of each hearing and a list of 100 reform 
            recommendations.  The JEDE report made five key findings, 
            including the need for more structure and accountability 
            mechanisms within the tax incentives and the need to better 
            link workforce development into the overall G-TEDA framework.

            In March 2010 Speaker John A. P�rez asked JEDE Chairman V. 
            Manuel P�rez to convene a working group to review the final 
            report recommendations and develop a comprehensive set of 
            reforms to the G-TEDA programs.  The working group, comprised 








                                                                  AB 2673
                                                                  Page  5

            of representatives from local government, labor and the 
            business community, met extensively through the spring and 
            summer of 2010 on the premise that they would put forward a 
            consensus-based set of reforms.  Key program revisions under 
            discussion included:


             a)   Increasing accountability of the program;

             b)   Tighter targeting of tax incentives to low and moderate 
               income households;

             c)   Reforms to the structure of the hiring credit; and

             d)   Increased integration of the enterprise zone program 
               with other state and local community development programs, 
               including public programs that support workforce 
               development and job placement.

            Ultimately, one of the primary stakeholder groups withdrew 
            from the negotiations based on its position that the overall 
            reform package must result in a substantially smaller program 
            and perhaps be only limited to the state's rural areas.

          1)Census tracks  : Discussions at the federal level indicate that 
            the U.S. Census Bureau will no longer be reporting median 
            family income through the decennial census by census tracts.  
            Policy makers are currently considering instead using a 
            one-to-five year snapshot of household income as determined by 
            the American Community Survey and reported by census block 
            groups.  These discussions are ongoing but in anticipation of 
            a possible change, this bill authorizes the Housing and 
            Community Development Department (HCD) to use both census 
            track and census block group data. 

           2)Overview of national and California economic and employment 
            trends  : Post-recession analysis traditionally divides the 
            economic cycle into two stages: recovery and expansion.  
            Recovery describes the period of GDP growth occurring after 
            the economy hits bottom, or the "trough, and gives way to 
            expansion when GDP growth surpasses its previous peak.  Given 
            this definition, the national economy entered the expansion 
            phase of the economic cycle during the third quarter of 2011, 
            when annualized GDP reached $13.38 trillion, surpassing the 
            previous GDP peak of $13.36 trillion in the fourth quarter of 








                                                                 AB 2673
                                                                  Page  6

            2007.  At a more practical level, the US economy added an 
            average 152,000 net new jobs a month in 2011.  In December 
            2011 and January 2012, however, the economy added 203,000 and 
            243,000 net new jobs respectively, pushing national 
            unemployment down to 8.3%.  

            At the state level, the California economy has also been 
            improving at a steady pace.  Between 2010 and 2011, 
            unemployment fell from a high of 12.4% to 11.8% in 2011.  In 
            January 2012 the unemployment rate fell even further to 10.9%, 
            its lowest rate in three years.  In terms of nonfarm jobs 
            gains from 2010 to 2011, the state outperformed the national 
            labor market with 1.4% growth compared to 1.2% nationally.  In 
            fact, the state registered job growth across most industries 
            with the largest percentage gains coming from Information, 
            Education, and Administrative Support Services.  Only Real 
            Estate and Leasing, Government, Management of Enterprises and 
            Other Services, saw continued job losses in 2011 but on a 
            small scale than previous years.

            In terms of international trade, the state continued to see 
            sustained growth with the value of two-way trade increasing 
            11.9% from 2010 (based on year-to date data from January 
            through November 2011).  The rate was slower than the increase 
            registered in 2010 when the value of two-way trade surged 
            21.6% over 2009.  In 2011, however, the value of imports grew 
            by 11% while the value of exports through the state's custom 
            districts rose by 13.8%.  It should be noted that while 
            exports only account for a third of the value of two-way 
            trade, they suffered a smaller decline through the recession 
            and have come back more strongly than imports as demand from 
            Asian trading partners continues to be strong. 

            According to the March 2012 UCLA Anderson Forecast, state 
            unemployment should improve to an average of 9.8% in 2013.  
            Overall, the Forecast calls for a steady decrease in the 
            California unemployment rate over the next two years, 
            following a slow trajectory towards single-digit unemployment 
            by the end of 2013 and reaching 7.7% by the end of 2014.  In 
            addition, according to Chapman University's A. Gary Anderson 
            Center for Economic Research, the California Composite Index, 
            a measure of overall manufacturing activity, increased to 60.3 
            in the second quarter of 2012, up from 56.6 during the first 
            quarter.  Historically, readings above 50 indicate expansion 
            in the manufacturing sector.  This is significant because, 








                                                                  AB 2673
                                                                  Page  7

            according to an analysis by the Milken Institute, for every 
            job created in manufacturing, 2.5 jobs are created in other 
            sectors.  At the upper bound, electronic computer 
            manufacturing has a multiplier effect of 16 jobs.      
            
           3)Related legislation  : Below is a list of bills related to this 
            measure from the current and prior sessions. 

              a)   AB 2630 (Hueso) Small Business Outreach  : This bill will 
               require the Department of General Services, in preparing 
               its report on state contracting activity, to include a list 
               of activities and outcomes each state agency used to inform 
               small businesses of each of the existing preferences 
               available under state law, and an aggregate number of the 
               number of preferences used in bidding packages for the 
               year.  Status: The bill will be heard on April 17th in the 
               Assembly Committee on Jobs, Economic Development, and the 
               Economy. 

              b)   AB 2672 (JEDE) Procurement Omnibus:  Requires each 
               awarding state agency to prepare and share a yearly report 
               to the Department of General Services on the level of 
               participation by enterprise zones in contracts with the 
               Housing and Community Development Department.  Status: The 
               bill will be heard on April 17th in the Assembly Committee 
               on Jobs, Economic Development, and the Economy.

              c)   AB 1411 (V. Manuel Perez) Comprehensive Enterprise Zone 
               Reform  :  This bill reforms elements of the state's 
               Enterprise Zone Program to make it more transparent, 
               cost-effective, aligned to community development 
               objectives, and accountable to the public and the 
               communities it serves.  Status:  The bill is pending in the 
               Senate Committee on Appropriations.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Assembly Committee on Jobs, Economic Development and the Economy 
          (Sponsor) 
          California Association of Enterprise Zones

           Opposition 
           








                                                                  AB 2673
                                                                  Page  8

          None Received 
           

          Analysis Prepared by  :    Oracio Gonzalez / J., E.D. & E. / (916) 
          319-2090