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SB-808 GO-Biz: Made in California Program.(2021-2022)

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Date Published: 07/01/2021 09:00 PM
SB808:v97#DOCUMENT

Amended  IN  Assembly  July 01, 2021
Amended  IN  Senate  April 07, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 808

Introduced by Senator Roth
(Coauthor: Assembly Member Smith)

February 19, 2021

An act to amend Section 12098.10 of the Government Code, relating to economic development.


LEGISLATIVE COUNSEL'S DIGEST


SB 808, as amended, Roth. GO-Biz: Made in California Program.
Existing law establishes the Made in California Program within the Governor’s Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a “Made in U.S.A.” label, as provided.
This bill would remove the requirement that a company establish that the finished product could lawfully use a “Made in U.S.A.” label in order to be eligible under the program.
Existing law requires the office to require each company to register with the office for use of the Made in California label and requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified.
This bill would remove the requirement that the certification described above be a qualified third-party certification. certification and would instead require the certification to be signed under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
Existing law authorizes the office to accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program.
This bill would prohibit the office from accepting a donation that meets certain criteria, including that the donation would constitute more than 20 percent of the program’s annual budget.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 12098.10 of the Government Code is amended to read:

12098.10.
 (a) The Made in California Program, a public and private collaboration, is hereby created within the Governor’s Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.
(b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state.
(2) For purposes of this section, “substantially made” means completing an act that adds at least 51 percent of a final product’s wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. “Substantially made” does not include the act of packaging a product.
(c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.
(d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.
(e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.
(2) The company filing the registration shall submit a certification certification, signed under penalty of perjury, at least once every three years that the product is made in accordance with this section.
(3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).
(f) (1) The office may may, subject to paragraph (3), accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).
(2) A donation accepted pursuant to this subdivision shall be deposited in the Made in California Fund established in subdivision (h).
(3) (A) With respect to a donation for the general use of the program, the office shall not accept a donation if doing so would result in that donation constituting more than 20 percent of the program’s annual budget.
(B) With respect to a donation for a specific project, the office shall not accept a donation if doing so would result in that donation constituting more than 20 percent of the amount of the project cost.
(g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive January 1, regarding its expenditures, progress, and ongoing priorities with this program.
(2) The plan report submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.
(h) (1) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.
(2) Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.
(3) (A) The office shall provide notice of the receipt of funds pursuant to subdivision (f) within 20 calendar days of receipt.
(B) The office shall provide the notice required by this paragraph in writing to the Assembly Committee on Jobs, Economic Development, and the Economy, the Senate Committee on Business Professions and Economic Development, and the Joint Legislative Budget Committee. The notice shall include the amount of money donated, the name and contact information of the source of the donated money, and a general description of any conditions or requirements associated with the donation.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.