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AB-2853 Local government: economic development subsidies.(2017-2018)

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Date Published: 08/10/2018 09:00 PM
AB2853:v95#DOCUMENT

Enrolled  August 10, 2018
Passed  IN  Senate  July 05, 2018
Passed  IN  Assembly  August 09, 2018
Amended  IN  Senate  June 19, 2018
Amended  IN  Assembly  May 10, 2018
Amended  IN  Assembly  March 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 2853

Introduced by Assembly Member Medina

February 16, 2018

An act to add Section 53083.1 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2853, Medina. Local government: economic development subsidies.
Existing law requires each local agency, as defined, to provide specified information to the public before approving an economic development subsidy within its jurisdiction, and to, among other things, hold hearings and report on those subsidies, as provided. Existing law defines “economic development subsidy” for these purposes to mean any expenditure of public funds or loss of revenue to a local agency in the amount of $100,000 or more, for the purpose of stimulating economic development within the jurisdiction of a local agency, as provided.
This bill would similarly require each local agency to provide specified information to the public before approving an economic development subsidy for a warehouse distribution center, as defined, and to, among things, hold hearings and report on those subsidies, as provided. This bill would require a warehouse distribution center to provide a local agency any information necessary to comply with these provisions.
This bill would declare that its provisions address a matter of statewide concern.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 53083.1 is added to the Government Code, to read:

53083.1.
 (a) On and after January 1, 2019, each local agency shall, before approving any economic development subsidy for a warehouse distribution center within its jurisdiction, and instead of complying with Section 53083, provide all of the following information in written form available to the public, and through its Internet Web site, if applicable:
(1) The name and address of all corporations, including members of a commonly controlled group or members of a combined reporting group of which the corporation is a member, or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy.
(2) The name and address of all warehouse distribution centers that are the beneficiary of the economic development subsidy.
(3) The start and end dates and schedule, if applicable, for the economic development subsidy.
(4) A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy.
(5) A statement of the public purposes for the economic development subsidy.
(6) The projected tax revenue to the local agency as a result of the economic development subsidy.
(7) The estimated number of jobs created by the economic development subsidy, including job classifications and wage rates, broken down by full-time, part-time, and temporary positions.
(8) The estimated number of independent contractors, including contract rates, funded by the economic development subsidy.
(9) The estimated value of benefit packages, including health benefits, fringe benefits, and defined benefit pensions, for each job classification created by the economic development subsidy.
(10) The estimated number of jobs for disadvantaged workers created by the economic development subsidy.
(11) Both of the following regarding each warehouse distribution center that is the beneficiary of the economic development subsidy:
(A) A description of the outreach, training, and hiring plans, including plans to hire disadvantaged workers.
(B) A description and total value of any state or federal subsidies applied for, or received by, the warehouse distribution center.
(b) Before granting an economic development subsidy to a warehouse distribution center, each local agency shall provide public notice and a hearing regarding the economic development subsidy. A public hearing and notice under this subdivision is not required if a hearing and notice regarding the economic development subsidy is otherwise required by law.
(c) The information required to be provided in subdivision (a) shall remain available to the public under existing state and federal law and shall be posted on the local agency’s Internet Web site, if applicable, for the entire term of the economic development subsidy.
(d) The local agency, after the action granting an economic development subsidy for a warehouse distribution center, shall issue an annual report during the term of the economic development subsidy for each economic development subsidy. The local agency shall make the report available to the public and through its Internet Web site, if applicable. The report shall contain the information described in subdivision (a). The report shall also contain the following information, if applicable:
(1) The net tax revenue accruing to the local agency as a result of the economic development subsidy.
(2) The net number of jobs created by the economic development subsidy, including job classifications and wage rates, broken down by full-time, part-time, and temporary positions.
(3) The number of independent contractors, including contract rates, funded by the economic development subsidy.
(4) The total value of benefit packages, including health benefits, fringe benefits, and defined benefit pensions, for each job classification created by the economic development subsidy.
(5) The net number of jobs for disadvantaged workers created by the economic development subsidy.
(6) All of the following regarding each warehouse distribution center that is the beneficiary of the economic development subsidy:
(A) The amount spent on training, apprenticeship, or other skills development programs for employees.
(B) The retention rate of employees broken down by full-time, part-time, and temporary positions, and if the turnover rate of employees exceeds 20 percent.
(C) The number of employment arbitration agreements signed by employees and independent contractors, if any.
(e) The local agency, after the action granting an economic development subsidy for a warehouse distribution center, shall hold an annual public hearing during the term of the economic development subsidy to consider any written or oral comments on the information contained in the report prepared pursuant to subdivision (d).
(f) Each public hearing required by this section shall be consolidated with a local agency’s regularly scheduled hearing.
(g) A warehouse distribution center shall provide a local agency any information necessary to comply with this section.
(h) As used in this section, the following terms have the following meanings:
(1) “Disadvantaged worker” means an employee of the warehouse distribution center who satisfies any of the following:
(A) Was unemployed for the six months immediately preceding employment with the warehouse distribution center. In the case of an employee that completed a program of study at a college, university, or other postsecondary educational institution, received a baccalaureate, postgraduate, or professional degree, and was unemployed for the six months immediately preceding employment with the warehouse distribution center, that employee must have completed that program of study at least 12 months prior to the individual’s commencement of employment with the warehouse distribution center.
(B) Is a veteran who separated from service in the Armed Forces of the United States within the 12 months preceding commencement of employment with the warehouse distribution center.
(C) Was a recipient of the credit allowed under Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal purposes, for the previous taxable year.
(D) Is an ex-offender previously convicted of a felony.
(E) Is a recipient of either CalWORKs, in accordance with Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, or general assistance, in accordance with Section 17000.5 of the Welfare and Institutions Code.
(2) “Economic development subsidy” means any expenditure of public funds or loss of revenue to a local agency in the amount of one hundred thousand dollars ($100,000) or more, for the purpose of stimulating economic development within the jurisdiction of a local agency, including, but not limited to, bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone incentives, fee waivers, land price subsidies, matching funds, tax abatements, tax exemptions, and tax credits. “Economic development subsidy” shall not include expenditures of public funds by, or loss of revenue to, the local agency for the purpose of providing housing affordable to persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
(3) “Local agency” means a city, including a charter city, county, or city and county.
(4)  “Members of a combined reporting group” has the same meaning as that term is defined in paragraph (3) of subdivision (b) of Section 25106.5 of Title 18 of the California Code of Regulations, as that section read on January 1, 2018.
(5) “Members of a commonly controlled group” has the same meaning as that term is defined in Section 25105 of the Revenue and Taxation Code.
(6) “Warehouse distribution center” means an establishment as defined by any of the following North American Industry Classification System (NAICS) Codes:
(A) 493110 for General Warehousing and Storage.
(B) 423 for Merchant Wholesalers, Durable Goods.
(C) 424 for Merchant Wholesalers, Nondurable Goods.

SEC. 2.

 The Legislature finds and declares that the right of the public to be informed of economic development subsidies for warehouse distribution centers approved by their local agencies, as described in Section 53083.1 of the Government Code, as added by Section 1 of this act, is a matter of statewide concern, and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.

SEC. 3.

 The Legislature finds and declares that Section 1 of this act, which adds Section 53083.1 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act ensures the public’s right of access to information about the conduct of their government agencies relating to economic development subsidies for warehouse distribution centers.