California Assembly Bill AB1233 Amended / Bill

 BILL NUMBER: AB 1233AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 15, 2011 INTRODUCED BY Assembly Member V. Manuel Prez FEBRUARY 18, 2011 An act to  amend Section 15570 of, and to add Sections 15571   add Sections 15570  and 15572  to,   to  the Government Code, relating to state government, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1233, as amended, V. Manuel Prez. State government: economic development. (1) Existing law establishes the Labor and Workforce Development Agency in state government, and provides that the Secretary of Labor and Workforce Development, the executive officer of the agency, is directly responsible to the Governor for the operations of each department, office, and unit within the agency.  Existing law requires   This bill would   require  the secretary to  lead the preparation of   prepare  a  biennial  California Economic  Development Strategic Plan,   and Workforce Development Strategy,  as specified,  and to convene a biennial economic strategy panel, its membership to be composed as specified, to provide recommendations regarding the plan. Existing law requires   to be updated every 5 y   ears. The bill would require  the secretary to undertake this process anew in each succeeding  2-year   5-year  cycle in order to update the economic strategy prior to October 31 of each succeeding  2nd   5th  year. This  bill would revise and recast these provisions relating to the preparation of the California Economic Development Strategic Plan, which this bill would rename the California Economic and Workforce Development Strategy, and would instead require that strategy to be updated every 5 years rather than biennially. The  bill would authorize the strategy to meet all or a portion of other state-level strategies, require the strategy to make recommendations regarding an economic development plan for the state covering a 5-year period, and require the strategy to contain specified items. The bill would require the  Secretary of Labor and Workforce Development   secretary  to lead the preparation of the strategy, and authorize the secretary to call on the assistance of the  California Economic Strategy Panel and the  California Workforce Investment Board in fulfilling this duty. The bill would also require the secretary to prepare a preliminary strategy, to post that document on the agency's Internet Web site, and to submit written notice of that document's posting to the relevant policy and fiscal committees of each house of the Legislature by July 1,  2012.   2013.  This bill would also require the relevant policy and fiscal committees of each house of the Legislature to review the preliminary strategy and hold hearings regarding the preliminary strategy, as specified. The bill would require the secretary to prepare the final version of the strategy within 2 months of the final hearing held by a policy or fiscal committee of either house of the Legislature on the preliminary strategy  , and to update the strategy on or before October 31 of each succeeding 5th year  .  (2) Existing law provides for the composition of the California Economic Strategy Panel, as specified. This bill would establish the panel within the office of the Secretary of Labor and Workforce Development and require it to research, facilitate outreach, and make policy and fiscal recommendations to the Governor and the Legislature on issues relating to economic and workforce development. The bill would require the secretary to be the chairperson of the panel, and would provide for the membership of the panel, as specified. The bill would require the panel to meet upon the call of the secretary, who would be required to call at least 2 meetings of the panel per year. The bill would require members of the panel to serve without compensation, but would authorize their reimbursement for actual expenses incurred in connection with their duties.   This   (2)     This  bill would require the  panel, as part of its deliberations in preparing the strategy,   Secretary of Labor and Workforce Development  to create an assessment addressing specified considerations. The bill would also require the  panel   secretary  to review the strategy within 5 years of the date of its finalization, and every 5 years thereafter, and to make recommendations on how to update the strategy. (3) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 15570 is added to the   Government Code   , to read:   15570. (a) The secretary shall prepare the California Economic and Workforce Development Strategy. In fulfilling this requirement, the secretary shall be assisted by the California Workforce Investment Board, established pursuant to Article 1 (commencing with Section 14010) of Chapter 3 of Division 7 of the Unemployment Insurance Code. The California Economic and Workforce Development Strategy may serve to meet all or a portion of other state-level strategies, including, but not limited to, the state plan required by the federal Workforce Investment Act (Public Law 105-220). (b) The strategy shall make recommendations regarding an economic development strategic plan for the state covering a five-year time period, and shall contain all of the following: (1) A statement of economic goals for the state. (2) A prioritized list of significant issues facing the economy of the state. (3) Proposals for legislation, regulations, and administrative reforms necessary to improve the business climate and economy of the state. (4) An evaluation of the effectiveness of the state's economic development programs. (5) A list of key industries in which the state shall focus its economic development efforts. (6) Strategies to foster job growth and economic development covering all state agencies, offices, boards, and commissions that have economic development responsibilities. (c) Based on assessments completed by relevant state, federal, local, and regional public and private organizations, the strategy shall also include, at a minimum, all of the following components: (1) Policy goals, objectives, and recommendations necessary to implement a comprehensive economic and workforce development strategic plan for the state, identifying the priority for each within the overall strategy. (2) Measurable outcomes and timelines for implementing the goals, objectives, and recommendations of the strategy, showing the way in which key policy development and implementation efforts are coordinated with emerging issues. (3) An identification of impediments to achieving the goals, objectives, and recommendations described in paragraph (1) and the way in which they will delay the state's ability to improve its competitive position. (4) An identification of key stakeholder partnerships to use in implementing the recommendations. (5) An identification of options for funding the goals, objectives, and recommendations described in paragraph (1). (6) An identification of an organizational structure for the implementation of the policies, programs, and services recommended in the strategy. (d) (1) The secretary shall prepare a preliminary California Economic and Workforce Strategy, post that document on the agency's Internet Web site, and submit written notice of that document's posting to the relevant policy and fiscal committees of each house of the Legislature by July 1, 2013. (2) Development of the preliminary strategy pursuant to this subdivision shall be funded from private donations. (e) The relevant policy and fiscal committees of each house of the Legislature shall review the preliminary strategy and hold hearings regarding the preliminary strategy within 90 days of the date that notice oft hat document's posting is sent to the relevant policy and fiscal committees of each house of the Legislature. (f) (1) Within two months of the final hearing held by a policy or fiscal committee of either house of the Legislature regarding the preliminary strategy, the secretary shall prepare the final version of the strategy. (2) Upon the final strategy's completion, the Secretary of Labor and Workforce Development, the Secretary of Business, Transportation and Housing, and the Secretary of Food and Agriculture shall post the preliminary and final strategies on each of their agencies' Internet Web sites. (3) The Secretary of Labor and Workforce Development shall submit written notice of the completion of the final strategy and its posting to the agency Internet Web sites specified in paragraph (2) to the relevant policy and fiscal committees of the Legislature as well as every state agency, office, board, and commission having economic and workforce development responsibilities. (g) In each succeeding five-year cycle, the secretary shall update the strategy, pursuant to the procedures set forth in this section, on or before October 31 of each succeeding fifth year.   SECTION 1.   Section 15570 of the Government Code is amended to read: 15570. (a) The secretary shall lead the preparation of the California Economic and Workforce Development Strategy. In fulfilling this duty, the secretary shall call on the assistance of the California Economic Strategy Panel, established pursuant to Section 16671, and the California Workforce Investment Board, established pursuant to Article 1 (commencing with Section 14010) of Chapter 3 of Division 7 of the Unemployment Insurance Code. The California Economic and Workforce Development Strategy may serve to meet all or a portion of other state-level strategies, including, but not limited to, the state plan required by the federal Workforce Investment Act (Public Law 105-220). (b) The strategy shall make recommendations regarding an economic development strategic plan for the state covering a five-year time period, and shall contain all of the following: (1) A statement of economic goals for the state. (2) A prioritized list of significant issues facing the economy of the state. (3) Proposals for legislation, regulations, and administrative reforms necessary to improve the business climate and economy of the state. (4) An evaluation of the effectiveness of the state's economic development programs. (5) A list of key industries in which the state shall focus its economic development efforts. (6) Strategies to foster job growth and economic development covering all state agencies, offices, boards, and commissions that have economic development responsibilities. (c) Based on the assessment completed by the California Economic Strategy Panel pursuant to Section 15571, the strategy shall also include, at a minimum, all of the following components: (1) Policy goals, objectives, and recommendations necessary to implement a comprehensive economic and workforce development strategic plan for the state, identifying the priority for each within the overall strategy. (2) Measurable outcomes and timelines for implementing the goals, objectives, and recommendations of the strategy, showing the way in which key policy development and implementation efforts are coordinated with emerging issues. (3) An identification of impediments to achieving the goals, objectives, and recommendations described in paragraph (1) and the way in which they will delay the state's ability to improve its competitive position. (4) An identification of key stakeholder partnerships to use in implementing the recommendations. (5) An identification of options for funding the goals, objectives, and recommendations described in paragraph (1). (6) An identification of an organizational structure for the implementation of the policies, programs, and services recommended in the strategy. (d) (1) The secretary shall prepare a preliminary California Economic and Workforce Strategy, post that document on the agency's Internet Web site, and submit written notice of that document's posting to the relevant policy and fiscal committees of each house of the Legislature by July 1, 2012. (2) Development of the preliminary strategy pursuant to this subdivision shall be funded from private donations. (e) The relevant policy and fiscal committees of each house of the Legislature shall review the preliminary strategy and hold hearings regarding the preliminary strategy within 90 days of the date that notice oft hat document's posting is sent to the relevant policy and fiscal committees of each house of the Legislature. (f) (1) Within two months of the final hearing held by a policy or fiscal committee of either house of the Legislature regarding the preliminary strategy, the secretary shall prepare the final version of the strategy. (2) Upon the final strategy's completion, the Secretary of Labor and Workforce Development, California Economic Strategy Panel, the Secretary of Business, Transportation and Housing, and the Secretary of Food and Agriculture shall post the preliminary and final strategies on each of their agencies' Internet Web sites. (3) The Secretary of Labor and Workforce Development shall submit written notice of the completion of the final strategy and its posting to the agency Internet Web sites specified in paragraph (2) to the relevant policy and fiscal committees of the Legislature as well as every state agency, office, board, and commission having economic and workforce development responsibilities. (g) In each succeeding five-year cycle, the secretary shall update the strategy, pursuant to the procedures set forth in this section, on or before October 31 of each succeeding fifth year.   SEC. 2.   Section 15571 is added to the Government Code, to read: 15571. (a) The California Economic Strategy Panel within the office of the Secretary of Labor and Workforce Development shall research, facilitate outreach, and make policy and fiscal recommendations to the Governor and the Legislature on issues related to economic and workforce development. (b) The panel shall include all of the following members: (1) The Secretary of Labor and Workforce Development, who shall serve as the chairperson of the panel. (2) The Director of the Governor's Office of Economic Development. (3) The Secretary of Business, Transportation and Housing. (4) The Secretary of Food and Agriculture. (5) Eight persons appointed by the Governor, as specified in paragraph (1) of subdivision (c). (6) The Speaker of the Assembly or his or her designee. (7) The President pro Tempore of the Senate or his or her designee. (8) The Minority Leader of the Assembly or his or her designee. (9) The Minority Leader of the Senate or his or her designee. (10) One person appointed by the Speaker of the Assembly. (11) One person appointed by the Senate Committee on Rules. (12) The California Small Business Advocate. (13) The Executive Director of the California Council on Science and Technology. (c) (1) Of the eight members appointed by the Governor, each shall represent one of the following categories: (A) Local government. (B) Small businesses. (C) Manufacturing. (D) Workforce development. (E) Economic development. (F) Labor. (G) Finance. (H) Academic institutions. (2) The members appointed by the Governor shall also be broadly reflective of the state's population as to gender, ethnicity, and geographic residence within California. (3) At least seven of the members appointed by the Governor shall be from the private sector. (4) At least two of the members appointed by the Governor shall be from rural areas. (d) The members appointed by the Speaker of the Assembly and the Senate Committee on Rules shall both be from the private sector. (e) Commencing January 1, 2012, appointments to the panel shall be for four-year terms, except for the Governor's appointments, which shall be made as follows: (1) Two members shall be appointed on January 1, 2012, and every four years thereafter. (2) Two members shall be appointed on January 1, 2013, for a two-year term. It is not the intent of the Legislature to disturb the appointment of the members of the panel, as it existed prior to the enactment of the act that added this section, whose terms are still ongoing. (f) Vacancies shall be filled in the same manner as the original appointments, pursuant to this section. (g) The panel shall meet upon the call of the Secretary of Labor and Workforce Development, who shall convene at least two panel meetings during each year. A quorum shall not be required to meet, except at the meeting at which the California Economic and Workforce Development Strategy is approved by a majority of those present. (h) Panel members shall serve without compensation, but may be reimbursed for actual expenses incurred in connection with their duties.   SEC. 3.   SEC. 2.  Section 15572 is added to the Government Code, to read: 15572. (a) As part of its deliberations in preparing the California Economic and Workforce Development Strategy, the  California Economic Strategy Panel   Secretary of Labor and Workforce Development  shall create an assessment addressing all of the following considerations: (1) The strengths and weaknesses of the state's economy within a regional, national, and global context, and the state's prospects for future economic prosperity, identifying industries and businesses in each of the state's nine regional economies that are significant in 2012, and those that are likely to be significant in 2021. (2) The current and emerging economic trends, areas in which the state has a comparative advantage to other states and foreign countries, and key opportunities for strategic alliances with other states and foreign countries. (3) The effectiveness of the state's economic and workforce development programs in creating and retaining jobs, improving productivity, increasing innovation, providing 21st century workforce skills, and attracting industries providing employment within the state's core and emerging industry clusters. (4) The ways in which private resources, including, but not limited to, investor networks, may be more effectively leveraged to attract additional private investment within the state's communities and small businesses. (5) The adequacy of state and local physical, electronic, and human infrastructure, including skills relating to digital technology, to meet the state's current and future needs, and a discussion of the appropriate role for state government to improve inadequacies identified in the state's physical, electronic, and human infrastructure. (6) Government impediments to economic development. (7) The role of innovation in keeping the state's regional economies vibrant, including models and strategies that encourage partnerships among public, academic, and private entities, located in this state or other states, that support the state's core and emerging industries. (8) The unique opportunities and challenges in developing businesses and attracting investment along the state's border areas and in emerging domestic markets. (9) A review of significant literature by the federal government, state governments, foreign countries, and international associations concerning competitive advantages.  (b) As part of its deliberations in preparing the strategy, as well as other projects and activities of the panel, the panel   (b)     As part of its deliberations in preparing the strategy, the secretary  shall do all of the following: (1) Consult with other state entities, including, but not limited to, all of the following: (A) The California Transportation Commission. (B) The California Workforce Investment Board. (C) The Small Business Council on Procurement. (D) The office of the Treasurer. (E) The California Organized Investment Network. (F) The Department of Insurance. (G) The California Infrastructure and Economic Development Bank. (H) The State Energy Resources Conservation and Development Commission. (2) Review relevant background, findings, and recommendations of all of the following: (A) The California Transportation Plan, required to be updated pursuant to Chapter 2.3 (commencing with Section 65070) of Division 1 of Title 7, including those portions related to trade infrastructure and the movement of goods. (B) The international and foreign investment strategies of state and local governments. (C) The State Environmental Goals and Policy Report, prepared pursuant to Article 5 (commencing with Section 65041) of Chapter 1.5 of Title 7. (D) The five-year plan for funding infrastructure, prepared pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2. (E) The state workforce strategy submitted as a condition of receiving funding pursuant to the federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2938). (F) The workforce strategies developed by the Employment Training Panel and the California Community Colleges. (c) The  panel   secretary  shall review the California Economic and Workforce Development Strategy within five years after the date it is finalized, and every five years thereafter, and make recommendations on how to update the strategy as the  panel   secretary  deems appropriate. Nothing in this subdivision shall prohibit the  panel   secretary  from reviewing or making recommendations on how to update the strategy more frequently.  SEC. 4.   SEC. 3.  This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to preserve the public peace, health, and safety through the encouragement of economic development throughout the state's economic regions, it is necessary that this act take effect immediately.