Bill Text: CA AB151 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State employment: State Bargaining units: agreements: compensation and benefits.

Spectrum: Committee Bill

Status: (Passed) 2022-09-06 - Chaptered by Secretary of State - Chapter 250, Statutes of 2022. [AB151 Detail]

Download: California-2021-AB151-Amended.html

Amended  IN  Senate  May 25, 2022
Amended  IN  Senate  June 27, 2021
Amended  IN  Assembly  February 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 151


Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bennett, Bloom, Carrillo, Chiu, Cooper, Frazier, Friedman, Cristina Garcia, Jones-Sawyer, Lee, McCarty, Medina, Mullin, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Stone, Wicks, and Wood)

January 08, 2021


An act to amend Sections 12099.1, 12099.2, 12099.3, 12099.4, 10299.5, 12099.6, 12099.7, 12100.61, 12100.62, 12100.63, 12100.65, 12100.67, 12100.83, and 13995.44 of, and to add and repeal Article 4.4 (commencing with Section 12096.6) and Article 9 (commencing with section 12100.90) of Chapter 1.6 of Part 2 of Division 3 of Title 2, and Sections 12100.83.5 and 12100.83.6 of, and to repeal Section 12099 of, the Government Code, and to amend Section 18410.2 of, and to add Article 8 (commencing with Section 19292) to Chapter 5 of Part 10.2 of Division 2 to, and to add and repeal Section 17158.1 of, the Revenue and Taxation Code, relating to economic development, and making an appropriation therefor, to take effect immediately, bill related to the budget. An act relating to the Budget Act of 2022.


LEGISLATIVE COUNSEL'S DIGEST


AB 151, as amended, Committee on Budget. Economic development. Budget Act of 2022.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022.

(1)Existing law, the California Innovation Hub Program, within the Governor’s Office of Business and Economic Development (GO-Biz), among other things, requires GO-Biz to designate Innovation Hubs (iHubs) within the state to stimulate partnerships, economic development, and job creation by leveraging assets to provide an innovation platform for startup businesses, economic development organizations, business groups, and venture capitalists, as provided. GO-Biz is required to oversee, coordinate, and provide assistance to each iHub. Existing law also requires GO-Biz to request proposals for the program from applicants, as defined, that include specified information.

Existing law defines an iHub as a partnership between interrelated firms, local governments, economic development organizations, educational entities, and industries that collectively drive economic growth within a defined geographic area. Existing law establishes the Innovation Accelerator Account, as a continuously appropriated fund, within the California Economic Development Fund, to GO-Biz to be used for California Innovation Initiatives, as specified.

This bill would revise and recast the California Innovation Hub Program by, among other things, renaming the program as the “California Inclusive Innovation Hub Program,” renaming an Innovation Hub as an “Inclusive Innovation Hub,” “iHub Squared,” or “iHub2,” renaming the Innovation Accelerator Account as the “Inclusive Innovation Accelerator Account,” and replacing GO-Biz as the government entity directly supervising the program with the Office of the Small Business Advocate (office) within GO-Biz. The bill would also provide that the office limit the iHub2s within the state to stimulating partnerships, economic development, and job creation for underserved geographic areas, industry sectors, and business owners. The bill would define an iHub2 as a partnership between interrelated firms, local governments, economic development organizations, educational entities, and industries that collectively drive economic growth within a defined geographic area and for defined underserved geographic areas, industry sectors, and business owners. The bill would also make conforming changes in this regard.

Because the bill would affect a continuously appropriated fund by changing the purpose for which the funds are used, it would make an appropriation.

(2)Existing law establishes the Office of Small Business Advocate (CalOSBA) within the Governor’s Office of Business and Economic Development, also known as GO-Biz, to advocate for causes of small business and to provide small businesses with the information they need to survive in the marketplace.

Existing law, until January 1, 2024, establishes the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants. Existing law appropriates $2,075,000,000 from the General Fund to the Golden State Stimulus Emergency Fund to be transferred to the Office of Small Business Advocate for purposes of the program.

Existing law requires that $50,000,000 of those funds be allocated in a single round to eligible nonprofit cultural institutions, as defined.

This bill would instead require that a total of $50,000,000 be allocated in one or more rounds.

(3)Existing law establishes the California Travel and Tourism Commission in the Office of Tourism for purposes of increasing the number of persons traveling to and within California. Existing law requires the commission to annually provide to all assessed businesses a report on the activities and budget of the commission, as described.

This bill would require the commission to also annually provide that report to the chairperson of the Joint Legislative Budget Committee, and the chairpersons of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review. The bill would require the commission to annually post the report on its internet website.

(4)Existing law establishes the Governor’s Office of Business and Economic Development, also known as GO-Biz, under the control of a director. Existing law, until January 1, 2024, creates the California Small Business Development Technical Assistance Expansion Program within GO-Biz. Upon appropriation of funds, GO–Biz is required to administer the program for the provision of grants to expand the capacity of small business development technical assistance programs in California, as specified, that provide one-on-one confidential consulting and training to small businesses and entrepreneurs. Existing law requires a federal small business technical assistance center that receives funding under this program to provide periodic performance and financial reports and to provide a final written performance and financial report within 60 days following the completion of an agreement term.

This bill would place the administration of the California Small Business Development Technical Assistance Expansion Program within the duties of the California Office of the Small Business Advocate and its director also referred to as the Small Business Advocate. The bill would revise the program generally to apply to small business technical assistance centers that are funded privately and would make a variety of conforming changes in this regard. The bill would make a finding of legislative intent, in accordance with specified federal law, in connection with allowing persons who are undocumented to receive consulting and training services and microgrants pursuant to the program.

The bill would also require the California Office of the Small Business Advocate, upon appropriation of necessary funds, to establish a grant program designated as the California Dream Fund Program, to provide grants, as specified, in connection with the above-described program to be disbursed through California Small Business Technical Assistance Expansion Program grantees. The bill would exempt certain records connected to the program from public disclosure.

(5)Existing law vests the California Competes Tax Credit Committee (committee) with the authority to approve or reject written agreements between the Governor’s Office of Business and Economic Development and a taxpayer related to the California Competes tax credit (office).

This bill would create, until January 1, 2030, and upon appropriation, a California Competes Grant Program. The bill would authorize the office to provide grants to an applicant that meets specified criteria relating to the creation of jobs or investments in the state, following the receipt of a fully executed written agreement containing certain provisions between the office and a qualified grantee, as defined. The bill would provide that the grant is only available for applicants, as defined, that have not received a California Competes tax credit for the same jobs or investments for which the grant is to be allocated. The bill would set forth procedures for recapturing grant amounts if the qualified grantee fails to satisfy the terms of the written agreement and would set forth additional duties of the committee and office in relation to the program.

(6)Existing law makes it a misdemeanor for the Franchise Tax Board or any member thereof, or as specified, who in the course of their employment or duty has or had access to returns, reports, or documents required to be filed under specified laws, to disclose or make known in any manner information as to the amount of income or any particulars, as provided.

This bill would also make this provision applicable to all information obtained by the Franchise Tax Board and office for the purpose of administering the program and recapturing grant amounts. By expanding the scope of a crime, the bill would impose a state-mandated local program.

(7)Existing law establishes the Office of Small Business Advocate (CalOSBA) within the Governor’s Office of Business and Economic Development, also known as GO-Biz, to advocate for causes of small business and to provide small businesses with the information they need to survive in the marketplace. Existing law establishes, until January 1, 2024, the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants, as described.

This bill would create the California Nonprofit Performing Arts Grant Program within CalOSBA. The bill would provide that the purpose of the program is to provide grants to eligible nonprofit performing arts organizations, as defined, to encourage workforce development. Subject to appropriation by the Legislature, the bill would require $50,000,000 to be allocated in one or more rounds to eligible nonprofit performing arts organizations that meet certain criteria. The bill would require these grants to be awarded on a first-come, first-served basis in specified amounts depending on the applicant’s annual gross revenue in the 2019 taxable year. The bill would require GO-Biz to post certain information on its internet website and provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature. The bill would repeal these provisions on December 31, 2022.

(8)Existing law establishes the Office of Small Business Advocate (CalOSBA) within the Governor’s Office of Business and Economic Development, also known as GO-Biz, to advocate for causes of small business and to provide small businesses with the information they need to survive in the marketplace. Existing law establishes, until January 1, 2024, the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants, as described.

This bill would create the California Venues Grant Program within CalOSBA. The bill would provide that the purpose of the program is to provide grants to eligible independent live events, as defined, that have been affected by COVID-19 in order to support their continued operation. Subject to appropriation by the Legislature, the bill would require $150,000,000 to be allocated in one or more rounds to eligible independent live events that meet certain criteria. The bill would set forth parameters for prioritization of grants and would require these grants to be in an amount equal to the lesser of $250,000 or 20% of gross earned revenue for the 2019 taxable year. The bill would require GO-Biz to post certain information on its internet website and provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature. The bill would repeal these provisions on December 31, 2022.

(9)Existing law establishes the Office of Small Business Advocate (CalOSBA) within the Governor’s Office of Business and Economic Development, also known as GO-Biz, to advocate for causes of small business and to provide small businesses with the information they need to survive in the marketplace. Existing law prescribes the duties and functions of the Small Business Advocate, who is also the Director of the Office of Small Business Advocate.

Existing law establishes the California Small Business COVID-19 Relief Grant Program within CalOSBA. The program requires CalOSBA to make grants to assist qualified small businesses negatively affected by the COVID-19 pandemic, in accordance with specified criteria, including geographic distribution based on COVID-19 restrictions and industry sectors most impacted by the pandemic, among other things. Existing law appropriates $2,075,000,000 from the General Fund to the Golden State Stimulus Emergency Fund, to be used by CalOSBA to administer the program and to fund nonprofit cultural institutions, as defined.

This bill would establish the California Microbusiness COVID-19 Relief Grant Program within the CalOSBA to assist qualified microbusinesses, as defined, that have been significantly impacted by the COVID-19 pandemic, as provided. The bill would require CalOSBA to administer a Request for Proposal (RFP) in no more than 2 rounds for a specified period of time per round for eligible grantmaking entities defined as a county or consortium of nonprofit community based organizations, as specified. The bill would permit the CalOSBA and eligible grantmaking entities to use a certain percentage of the funds for the program’s administrative expenses. The bill would require the CalOSBA to adopt regulations to implement these provisions and would provide that these regulations are exempt from the Administrative Procedures Act. The bill would make these provisions subject to appropriation by the Legislature. By requiring qualified microbusiness to make specified certifications under penalty of perjury, the bill would expand a crime and impose a state-mandated local program. The bill would repeal these provisions on December 31, 2022.

(10)The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally define “gross income” as income from whatever source derived, except as specifically excluded, and provide various exclusions from gross income.

This bill would exclude from gross income grant allocations made pursuant to the California Microbusiness COVID-19 Relief Grant Program for taxable years beginning on or after January 1, 2020 and before January 1, 2023.

(11)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

(12)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(13)This bill would make its provisions severable.

(14)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: MAJORITY   Appropriation: YESNO   Fiscal Committee: YESNO   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022.
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