Defending Enterprise Zones

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Grumpy Governor Obstructing CA Enterprise Zone Designations

Saturday, September 3rd, 2011

Denise Madrid of The Porterville Recorder summarized a provocative situation faced by up to nine “conditionally” designated California enterprise zones. Govern Jerry Brown’s office had directed California’s Department of Housing and Community Development (HCD), the bureaucracy that oversees the state’s EZ program, to drive with its brakes on.

Conditional-designation status is a normal phase in the lifespan of every new enterprise zone. Nine of the state’s 42 legally designated enterprise zones remain in limbo, however, as HCD delays action required to finalize their status.

The Sequoia Valley EZ, which includes Porterville, Lindsay, Exeter, Visalia, Tulare, Farmersville, Woodlake, and Dinuba and other parts of Tulare County, received its conditional designation status in 2009.

According to The Porterville Recorder,

“Linda Wammack, Porterville development associate, said that the city has learned the HCD is not issuing any final designations at the direction of the governor’s office.”

Wammack said there are nine jurisdictions in a conditionally designated status, two of which have been conditionally designated since 2007, four since 2009, and three since 2010.

“We’re all in limbo,” she said. “We’re all trying to come together for the governor to allow HCD to authorize our documents.”

Now, I don’t really know if Governor Brown is feeling grumpy about all this or not.  It was just this past January that he proposed eliminating the state’s enterprise zone program completely.  He lost that political battle . . .  maybe he just needs more time to get over it.

 

CA Enterprise Zones Safe – New Positive Reforms In Play

Wednesday, July 6th, 2011

Most Californians are aware, if at least only vaguely, that our politicians finalized the state’s budget for the year and that Governor Jerry Brown has indeed signed off. That’s last week’s news. Many of us, I am sure, would have appreciated the option of being less aware as it was happening.

Now that all of California’s financial and economic problems have been solved, we can merrily focus on other more important things. Or not.

At least one thing of definite positive value emerged from the budget battle this year – the California Enterprise Zone program has been retained fully intact. It survived because as a substantive tax issue, any meaningful change would have required the agreement of at least two-thirds of California’s state legislators.

There is a bill (AB 1411) working its way through the legislature at this time that offers meaningful but non-tax related reform to Enterprise Zone program. Unlike the Governor’s previous proposals, this new bill can be passed by a simple majority vote – but it won’t harm enterprise zone businesses.

AB 1411, offered by Enterprise Zone supporter, Assemblymember V. Manuel Pérez (D-Coachella), seeks to increase the transparency and accountability of the program overall.

“The Enterprise Zone program is an effective tool for local economic development and job creation, and the reforms in this bill will help to better tell that story,” said Pérez. “These reforms have been in the making for quite some time, and I’m pleased to be moving forward with them.”

Read more about it in The Imperial Valley News, online.

Waiting for Governor to Sign – New Budget Does Not Touch CA EZ Program

Wednesday, June 29th, 2011

The budget deal passed by the California legislature yesterday does NOT include measures to modify the state’s enterprise zone program. We’ll report more AFTER the governor signs the legislation approving the budget.  Final passage is expected since the budget deal was worked out between Governor Brown and his fellow Democrats in the legislature, without Republican support.

Quick Update on California State Budget and Enterprise Zone “Reform”

Thursday, June 16th, 2011

California Governor Jerry Brown vetoed the state budget today.  From the Los Angeles Times:

Gov. Jerry Brown issued a historic veto of the budget approved by Democratic lawmakers hours after they passed it, opening wide a rift within his own party and throwing the state’s financial future into limbo.

The Democrats had pushed through the spending plan Wednesday, relying heavily on crafty accounting to patch over the state’s deficit, after the governor’s talks with Republicans on a tax package faltered.

The future remains unclear, although the continuing debate is sure to be amusing if not entertaining.  Should we expect renewed heat on the issue of enterprise zone program reform? Also unclear.

CA Budget Passed Without Vote on Enterprise Zones’ Fate

Wednesday, June 15th, 2011

This afternoon, the California legislature passed a budget, which now awaits the approval of the Governor Jerry Brown. Supporters of California’s enterprise zone program may breathe easier, at least for a few days. The state has come to the tipping point in the budget battle without voting yes or no on AB 103, which would reform the enterprise zone program out of existence.

So far, the program continues without change. As reported this afternoon by the Communities to Save Enterprise Zones,

Unfortunately, this fight is not over, but we are in a much stronger position thanks to your efforts. There will be ongoing budget discussions in the coming weeks in which the subject of repealing Enterprise Zones could still arise

Preserve the CA Enterprose Zone Program – Oppose CA Assembly Bill 103

Wednesday, June 15th, 2011

If you are receiving this post by email, please visit the same post at www.WOTCPlanet.com to see important information that might not be visible in your email.

Californians for Jobs and Safe Communities continues its effort to defeat Governor Jerry Brown’s proposal to “reform” the state’s enterprise zone program out of existence. The destructive reform legislation has been added to Assembly Bill 103, which could be voted on at any time.

If you have an interest in preserving the California enterprise zone program, use the link below to send a message to Governor Brown and members of the state legislature. It’s free and very easy to use.

Thank you.

CA Senator Bob Dutton – Enterprise Zones Work, Don’t Mess With Them!

Wednesday, June 8th, 2011

This opinion piece by California Senator Bob Dutton was originally published in the Riverside Press Enterprise.  Senator Dutton reposted it on his own website yesterday.

Enterprise zones are proven job creators, help small businesses expand and save the state’s general fund millions of dollars each year. Gov. Jerry Brown’s proposal to eliminate the program was misguided, and his new idea to “reform” it is equally devastating to the tens of thousands of Californians desperate to find work during this recession.

The enterprise-zone program was created by the Legislature to give employers incentives to hire people receiving government assistance or who, for some reason, have difficulty finding employment.

Enterprise zones empower people by giving them a private-sector job, taking them off taxpayer-funded services and giving them long-term job stability.

According to Brown, eliminating the program would save the state $93 million.

But by getting people back to work and off unemployment and food stamps, the enterprise-zone program actually saves the state more than $120 million each year.

Eliminating the program would actually cost the general fund more money. This is just another example of shortsighted state budgeting.

Employers are also eligible for the tax credit if they hire recently released felons. California has an abysmal recidivism rate of nearly 70 percent. But a stable job is one of the key factors that helps keep former inmates from reoffending.

At a time when our state is on the brink of releasing thousands of convicted felons from prison, shouldn’t we ensure that these individuals have every incentive possible to keep them from re-offending?

Enterprise-zone opponents have made much ado about a report by the legislative analyst, which was critical of the program.

However, other analyses done with better and more precise economic indicators have proven that enterprise zones help bring entire neighborhoods out of poverty by increasing wages and encouraging businesses to invest in blighted areas.

Enterprise zones are a key component of our state’s continued economic recovery. But the governor’s wavering on this program has already caused several businesses to pack up and leave town.

While he has abandoned his attempts to eliminate the program, the governor’s proposal of so-called reforms decimates the program’s benefits and undermines the intent of the original legislation.

The governor’s “reforms” would allow a business to claim a hiring credit when it creates a new position and hires a new employee. By limiting the credit to new jobs, not new hires, the governor is undermining the very important need to retain jobs.

At a time when businesses are struggling just to keep their doors open, job retention is as important as job creation. Let’s not make our unemployment problem any worse.

Moreover, Brown’s new proposal is still a significant and retroactive tax increase on businesses both large and small currently relying on the enterprise-zone program.

Instead of crippling businesses’ ability to start, grow or retain employees, we should be focused on improving our state’s economic climate to encourage companies to stay or relocate in California instead of moving off to more business-friendly states.

Eliminating the enterprise-zone program or attempting to pass deceptive reforms is a significant step back in our shaky economic recovery.

We need state government to make it easier to create jobs and get people back to work.

Vote Anticipated on California Governor’s Enterprise Zone “Reform” Bill

Friday, June 3rd, 2011

Governor Jerry Brown’s May-budget revision proposal to “reform” California’s Enterprise Zone program has sailed through legislative committees in both CA chambers. Although dubbed a reform, the legislation would effectively dismantle the enterprise zone hiring credit program (see previous posts here  and here).

To my knowledge, the current vote counts are not being publically announced at this point; however, I have reason to believe the issue is very close – within just a few votes of the 2/3 majority required to pass such a tax increase on businesses.

Efforts continue to inform lawmakers, some of whom have been confused by the Governor’s use of “reform” language in pursuing his proposal. Citizen-fueled lobbying efforts have been organized at the Capital, including one for Tuesday of next week. We anticipate a vote on the proposal as soon as Wednesday

Communities to Save Enterprise Zones: Statement on the Governor’s May Revision of the California State Budget

Wednesday, May 18th, 2011

SACRAMENTO – Communities to Save Enterprise Zones today issued the following statement from their counsel, Marty Dakessian, in response to the Enterprise Zone proposals in Governor Jerry Brown’s May revision of the California State Budget:

“Communities to Save Enterprise Zones is strongly opposed to this new Enterprise Zone proposal,” said Marty Dakessian, counsel for Communities to Save Enterprise Zones.

“While we continue to analyze the details of the Governor’s May revision, our initial perspective is that the Governor’s proposal with respect to Enterprise Zones is not much better than the Governor’s January proposal to retroactively repeal the tax credits,” Dakessian, who also serves as a partner with Reed Smith LLP.

“In fact, the Governor’s new proposal amounts to an illegal billion dollar tax increase on businesses. It would effectively eliminate the program’s benefits, eviscerate its value and burden businesses by replacing it with another hoop-laden program that does nothing to benefit the budget, the economy, workers, businesses or the communities they live in,” Dakessian continued.

He concluded, “The Governor’s new proposal is a continued attack on small business because it takes away promised benefits and penalizes employers for creating jobs in the state. It fails to recognize job retention as an important factor in our economic recovery, reduces tax credits for new jobs thereby reducing incentives for new hires, creates conflicting bureaucratic hoops that would make it difficult for business owners to collect on tax credits. Finally, because it limits carryforwards and violates the contracts clause, it is still clearly unconstitutional.”

Communities to Save Enterprise Zones is a coalition of more than 500 local elected officials, businesses, community leaders and organizations.

California’s Enterprise Zone Program is one of the State’s most vital programs aimed at creating jobs and reducing poverty. This program enjoys widespread support from Democrats and Republicans, businesses, chambers of commerce, taxpayers, and local government.

Repealing the Enterprise Zone Program will harm the very communities that are hurting the most in this recession, would amount to an increased tax on businesses, and is illegal because it would violate the Due Process and Contracts clauses of the United States Constitution.

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CA Governor’s EZ Proposal Not So Good After All

Tuesday, May 17th, 2011

Details from the CA Governor’s May Budget Revision, released yesterday, are now hitting the news. What we thought was potentially good news for the state’s enterprise zone program (based on Friday’s leak), is not what we are hoping for.  As you consider this news, do not simply assume Governor Jerry Brown’s proposals will be adopted. 

We’ve already seen legislators supporting the enterprise zone program from both sides of the political aisle.  Governor Brown’s proposals, on the other hand, are draconian and unlikely to sway many into supporting his anti-enterprise zone views.

The Governor’s office is proposing radical and unworkable changes to the enterprise zone program – very much unlike the meaningful reforms proposed by Democrat Assemblyman V. Manuel Pérez.

The following quotes are directly from the budget summary released by Governor Jerry Brown’s office.

“Instead of repealing state tax benefits for Enterprise Zones, the May Revision proposes to reform Enterprise Zone hiring credits so that credits are only available to firms which actually increase their level of employment. Taxpayers would be eligible for a $5,000 credit for each incremental full-time equivalent employee that they hire.”

Response: Frequently, firms struggling to operate in economical depressed area of the state can neither hire full-time employees nor increase their level of employment. This is especially true of the smallest businesses.

While most business owners want to expand, too many are struggling to survive. Even while they struggle, however, they provide jobs for grateful employees who otherwise would join the ranks of the unemployed. The populations within some of California’s enterprise zones are currently experiencing unemployment rates of more than 20%.

“These credits would only be allowed if claimed on the taxpayer’s original return.”

Response: In other words, an employer cannot file an amended return to claim credits that were missed. This unfairly discriminates against business owners who may not have the immediate time or means to win this race against the clock — to comply with all the program’s procedures and stipulations before their tax return is due.

“Additionally, the May Revision proposal would not allow any new vouchers to be granted for tax years prior to 2011 when the application for that voucher was made more than 30 days after the date that the employee first begins employment.”

Response: This proposal is completely unworkable and probably exposes an ignorance of enterprise-zone program realities. Unless other regulation and documentation standards are also revised, in most cases it is NOT possible to submit a complete application within 30 days of hire.

Even someone who knows the program very well – and knows the secrets to obtaining hard-to-get documentation – will be pressed to complete an employee application in 30 days. In most cases, it is impossible unless an employee is able to provide what is needed from his or her own personal files  (and this is rare).

“Additionally, to ensure that credits are creating incentives for relatively profitable, tax-paying businesses, the Enterprise Zone credits will be limited to a five-year carry-forward period.”

Response: Limiting to a 5-year carry forward period plainly contradicts the previously stated goal of reforming the program so “that [hiring] credits are only available to firms which actually increase their level of employment.”

Expanding businesses – the ones that increase the size of their workforce – frequently experience losses during the short-term as they invest in their workforce and other assets. Then, as the investments begin the pay off, those operating losses also carry forward and offset the company’s tax liability during its initial year(s) of profitability.

The Governor’s proposal contradicts itself by encouraging expansion with a hiring tax credit but then limiting its use to a five-year period – during which the company is least profitable and least in need of tax savings.