Asm. Martin Garrick

Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies. Existing law provides that a regulation or an order of repeal required to be filed with the Secretary of State becomes effective on the 30th day after the date of filing, except as prescribed. This bill would make a technical, nonsubstantive change to these provisions.

This measure would request a delay in enforcement of the State Air Resources Board's Enhanced Vapor Recovery Phase II requirements until October 2010.

(1) The Personal Income Tax Law, in modified conformity to specified provisions of the federal Mortgage Forgiveness Debt Relief Act of 2007, allows an exclusion from a taxpayer's income for the discharge of qualified principal residence indebtedness, as defined, if that debt is discharged after January 1, 2007, and before January 1, 2009, as provided. The Emergency Economic Stabilization Act of 2008 extended the operation of those federal provisions to debt that is discharged before January 1, 2013. This bill would provide further conformity to those federal acts, including allowance of the exclusion for debt that is discharged before 2013, as provided. (2) This bill would take effect immediately as a tax levy.

Existing law requires each state agency, on or before December 31 of each year, to make a review of all state land, as specified, to determine what, if any, land is in excess of its forseeable needs and to report to the Department of General Services. Existing law requires the transfer of land reported as excess to the department and requires the department to report annually to the Legislature the land declared excess and to request authorization to dispose of the land by sale or otherwise. This bill would make technical, nonsubstantive changes to those provisions.

This measure would declare April 2010 as Financial Aid and Literacy Month to raise public awareness about the need for increased financial literacy.

This measure would congratulate and commend the Boy Scouts of America on their 100th anniversary and centennial celebration, and recognize the achievements and impacts the scouting program has had on youth.

This measure would recognize the week of April 18, 2010, through April 24, 2010, as Crime Victims' Rights Week.

This measure would proclaim the month of May to be Women Veterans Recognition Month.

(1) The Enterprise Zone Act provides for the designation of enterprise zones by the Department of Community Housing and Development based on the department's approval of applications from a city, county, or city and county with a geographic area meeting certain criteria. Certain entities within a designated enterprise zone may receive regulatory, tax, and other incentives for private investment and employment. Existing law provides that no more than 42 enterprise zones be designated at any one time pursuant to the act. Upon the expiration or termination of a designation, existing law authorizes the department to designate another enterprise zone to maintain a total of 42 enterprise zones. This bill would authorize the department to designate one special enterprise zone within the City of Fremont consisting of a geographical area encompassing a facility that manufactures automobiles and to designate, until 90 days after the act takes effect, an additional 10 special enterprise zones limited to one nonrenewable 15-year term. The bill would exclude these enterprise zones from the calculation of the overall number of enterprise zones authorized under the act. The bill would also make legislative findings and declarations as to the necessity of a special statute. (2) The California Alternative Energy and Advanced Transportation Financing Authority Act established the California Alternative Energy and Advanced Transportation Financing Authority. The authority is authorized to do all things necessary and convenient to carry out the purposes of the act. The authority is also required to establish a renewable energy program to provide financial assistance, as defined, to certain entities for projects to generate new and renewable energy sources, develop clean and efficient distributed generation, and demonstrate the economic feasibility of new technologies. Existing law provides that the transfer of title of tangible personal property constituting a project under the act to the authority by a participating party or the lease or transfer of tangible personal property constituting a project under the act by the authority to a participating party pursuant to the act is not a "sale" or "purchase" for the purposes of the Sales and Use Tax Law. This bill would include as a project, machinery, or equipment that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of an alternative source component. The bill would include as "financial assistance" for the purposes of the act purchases, sales, or lease arrangements that qualify for exclusion from the Sales and Use Tax Law. The bill would require the authority to consider specified criteria in approving a project for which the purchase, sale, or lease of tangible personal property qualifies for the sales and use tax exclusion. The bill would require, when the sales and use tax exclusion for projects approved by the authority exceed $100,000,000 annually, the authority to provide a 20-day notice to the Legislature for additional project approval.

Existing law, generally, imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and on every limited partnership, limited liability partnership, and limited liability company registered, qualified to transact business, or doing business in this state, as specified. This bill would, for the first 10 taxable years of a corporation, limited partnership, limited liability partnership, and limited liability company that is a small business, as defined, and that first commences business operations on or after January 1, 2011, and before January 1, 2016, reduce that minimum tax, as provided. This bill would take effect immediately as a tax levy.