Asm. Henry Perea

This resolution would recognize the month of January 2012, and each following January, as National Slavery and Human Trafficking Prevention Month, and it would recognize February 1, 2012, and each following February 1, as California's Free From Slavery Day.

Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law, relative to private energy producers, requires every electric utility, as defined, to make available to an eligible customer-generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer-generators exceeds 5% of the electric utility's aggregate customer peak demand. The existing definition of an eligible customer-generator requires that the generating facility use a solar or wind turbine, or a hybrid system of both, and have a generating capacity of not more than one megawatt. Existing law establishes wind energy co-metering that provides a credit against the generation component of an electricity bill of an electric utility for those customer-generators utilizing a wind energy project greater than 50 kilowatts, but not exceeding one megawatt. This bill would revise the definition of an eligible customer-generator to include a state agency, as defined. The bill would require that the generating capacity of a facility used by a state agency not exceed 5 megawatts pursuant to both the net energy metering requirements and the wind energy co-metering requirements. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would require action by the commission to implement its requirements and a violation of that order would be a crime, the bill would impose a state-mandated local program by creating a new crime. Because the provisions of the bill are applicable to, and require action by, local publicly owned electric utilities, which are entities of local government, the bill would impose a state-mandated local program. 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 specified reasons.

Existing law creates in the State Treasury the Indian Gaming Special Distribution Fund for the receipt and deposit of moneys received by the state from certain Indian tribes pursuant to the terms of gaming compacts entered into with the state. Existing law authorizes moneys in that fund to be used for specified purposes, including for grants for the support of state and local government agencies impacted by tribal government gaming. Existing law declares the intent of the Legislature to establish a fair and proportionate system to award those grants. This bill would declare the Legislature's intent to establish a fair and proportionate system to annually award those grants.

Existing law, the Small Business Procurement and Contract Act, requires the Director of General Services and the heads of other state agencies that enter into contracts for the provision of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses in these contracts, to provide for small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified. This bill would, on and after July 1, 2012, authorize the Department of General Services to direct all state agencies, departments, boards, and commissions to establish the goal to achieve not less than 25% participation by small businesses and, to the extent permitted by law, not less than 5% women's business enterprise participation and not less than 15% minority business enterprises participation, and not less than 3% disabled veteran business enterprise participation in state procurements and contracts. The bill also would require the heads of those state agencies, departments, boards, and commissions to implement and administer the state's procurement and contract processes in order to meet or exceed the goals, and to report to the Director of General Services statistics regarding small business, women's business enterprise, minority business enterprise, and disabled veteran business enterprise participation in those agencies' procurements and contracts. The bill would authorize the Department of General Services to establish policies and procedures to monitor the progress of the agencies toward meeting the goal of not less than 25% participation by small businesses and, to the extent permitted by law, not less than 5% women's business enterprise participation and not less than 15% minority business enterprise participation, and not less than 3% disabled veteran business enterprise participation and to provide this information to the Office of Small Business Advocate. The bill would also authorize the Department of General Services to require a state agency, department, board, or commission that has not achieved its fiscal year goals to submit an implementation and corrective action plan, and to submit such a plan every year thereafter, as long as that agency fails to meet or exceed the goals. The bill would also authorize the department to establish criteria for such a plan, as specified. The bill would authorize the department to undertake reasonable means to assist agencies in improving small business, women's business enterprise, minority business enterprise, and disabled veteran business enterprise participation in those agencies' contracting.

Existing law requires the Department of Food and Agriculture to regulate various laws regulating agriculture and farmland in the state. Existing law provides that the department is under the control of a civil executive officer known as the Secretary of Food and Agriculture and authorizes the department to provide for the issuance and renewal on a 2-year basis of licenses, certificates of registration, or other indicia of authority issued by the department or any agency in the department. This bill would designate the secretary as the ombudsman for all state agriculture regulations and would require the ombudsman to provide assistance in understanding the process for obtaining permits, assistance in the expeditious completion of the process for obtaining permits, and agriculture-related information and education to assist policy development regarding agricultural issues. The bill would make the ombudsman responsible for reviewing and identifying agriculture regulations that exist within the state and that may have a negative impact on the agricultural industry, and make recommendations regarding changes necessary to alleviate those negative impacts. The bill would also require the ombudsman to report these recommendations to the President pro Tempore of the Senate and to the Speaker of the Assembly on an annual basis, as specified. Existing law sets forth procedures for the adoption of administrative regulations. Among other requirements, these provisions require that every agency submit an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation, including facts, evidence, documents, testimony, or other evidence on which the agency relies to support an initial determination that the action will not have a significant adverse economic impact on business. This bill would repeal the requirement that every agency include in the initial statement facts, evidence, documents, testimony, or other evidence on which the agency relies to support an initial determination that the action will not have a significant adverse economic impact on business. Existing law requires that the notice of proposed adoption, amendment, or repeal of a regulation include specified information, including, if the agency makes an initial determination that the action will not have a significant statewide adverse economic impact directly affecting business, a declaration to that effect. Existing law also requires every agency to prepare and submit with an adopted regulation a final statement of reasons that includes, among other things, an explanation setting forth the reasons for rejecting any proposed alternatives that would lessen the adverse economic impact on small businesses. Existing law also requires state agencies proposing to adopt, amend, or repeal any administrative regulation to assess the potential for adverse economic impact on California business enterprises and individuals, as specified. The bill would also revise these requirements with respect to the final statement to require that it include an explanation setting forth the reasons for rejecting any proposed alternatives that would lessen the adverse economic impact on any business, rather than small businesses. The bill would also require an agency to provide in the notice of proposed action documentation of the assessment described above to include cumulative adverse economic impacts, as defined, in addition to other adverse impacts, on California business.

The Personal Income Tax Law imposes specified taxes based upon gross income, and, among other things, provides for the computation of taxes in accordance with tax tables prescribed by the Franchise Tax Board. This bill would make technical, nonsubstantive changes to those provisions.

Existing law requires the Franchise Tax Board to include specified questions on the income tax returns of specified entities regarding changes in ownership of the real property owned by the entity and requires the Franchise Tax Board to notify the State Board of Equalization if an entity responds affirmatively to these questions. This bill would make technical, nonsubstantive changes to that provision.

(1) The Enterprise Zone Act provides for the designation and oversight by the Department of Housing and Community Development of various types of economic development areas throughout the state, including enterprise zones, targeted tax areas, local agency military base recovery areas (LAMBRAs) , and Manufacturing Enhancement Areas, collectively known as geographically targeted economic development areas, or G-TEDAs. Pursuant to these provisions, qualifying entities in those areas may receive certain tax and regulatory incentives. This bill would rename the act as the California Economic and Community Development Zone Act. This bill would delete the provisions governing Manufacturing Enhancement Areas and targeted tax areas, and make various revisions in the requirements for designating and administering enterprise zones and LAMBRAs, and G-TEDAs collectively. (2) The Personal Income Tax Law and the Corporation Tax Law authorize a taxpayer to claim certain tax incentives for activities conducted in an enterprise zone or a LAMBRA, including a credit for a specified percentage of wages paid during the taxable year to a qualified employee, as defined, who is employed by the taxpayer during the taxable year in an enterprise zone or a LAMBRA. This bill would, with respect to employees hired before January 1, 2011, increase specified requirements for an individual to be a qualified employee for purposes of the enterprise zone hiring credits, and make other specified changes relating to the requirements for a taxpayer to take advantage of the credits. This bill would, with respect to employees hired after January 1, 2011, revise the enterprise zone hiring credit, so that the credit would be available only for a qualified employee for each of the first 3 years of employment and modify the applicable percentage amounts. This bill would impose new requirements for a taxpayer claiming this credit, including a registration requirement made under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would also limit the carryover period to 15 years. This bill would, for taxable years beginning on or after January 1, 2011, and before January 1, 2013, impose a specified 50% overall limitation on these credits, as provided. (3) The Personal Income Tax Law and the Corporation Tax Law allow a credit in an amount equal to the amount of sales or use tax paid in connection with qualified property that is purchased and placed in service during the taxable year by a taxpayer engaged in a trade or business in an enterprise zone, targeted tax area, or LAMBRA, and allow unused credits to be carried over indefinitely to subsequent taxable years. This bill would require the taxpayer to register, as specified, a business in an enterprise zone, targeted tax area, or a LAMBRA before the taxpayer can claim a credit, and would limit the carryover period to 15 years. This bill would also impose a specified 50% overall limitation on these credits as provided. (4) The Personal Income Tax Law and the Corporation Tax Law allow deductions in the amount of net interest received by a taxpayer in payment of a debt of a person or entity engaged in a trade or business in an enterprise zone. This bill would, for taxable years beginning on or after January 1, 2011, and before January 1, 2013, limit the amount of these deductions to 50% of the net interest received by a taxpayer in payment of debt, as specified. (5) The Personal Income Tax Law and the Corporation Tax Law allow specified credits for hiring employees in a targeted tax area and manufacturing enhancement area. This bill would limit the credits to qualified employees hired by a qualified taxpayer before January 1, 2011. (6) The Personal Income Tax Law and the Corporation Tax Law allow a deduction for a net operating loss of a person or entity engaged in business in an enterprise zone or a LAMBRA, and any unused net operating losses to be a net operating loss carryover to other years, as specified. This bill would allow a deduction for those net operating losses only for taxable years beginning before January 1, 2011, but would allow any unused net operating losses to continue to be carried to other years as provided. (7) 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. (8) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (9) This bill would take effect immediately as a tax levy.