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Finalized! CA Sequoia Valley Enterprise Zone Designation Completed

Wednesday, January 18th, 2012

The California Department of Housing and Community Development (HCD) announced Tuesday the final designation of the Sequoia Valley Enterprise Zone (EZ). This designation is effective retroactively to October 6, 2010 and will expire in 15 years. Read about it at The Recorder Online.

In September of last year, I reported on some controversy affecting this and eight other “conditionally” designated zones.  California Governor Jerry Brown’s office had instructed HCD to delay the final designation of these zones.  That order has since been retracted and the remaining designations are being processed.

According to the zone’s website, the Sequoia Valley EZ affects the California communities of Cutler/Orosi Dinuba, Ducor, Earlimart, Exeter, Farmersville, Goshen, Ivanhoe, Lindsay, North Delano, Pixley, Poplar, Porterville, Richgrove, Strathmore, Terra Bella, Tipton, Traver, Tulare, Visalia, Woodlake.  However, if your business is located within any other part of Tulare County, don’t rule out eligibility until you have confirmed it with a phone call.

Businesses located within the EZ are eligible for a number of valuable tax incentives including:

EZ Hiring Credit
Firms can earn $37,440 or more in state tax credits for each qualified employee hired

EZ Sales & Use Tax Credit
Sales tax credits on purchases of qualified machinery and parts

Net Operating Loss Carry-forward
Up to 100% Net Operating Loss (NOL) carry-forward (which can be carried forward for 15 years)

EZ Business Expense Deduction
Up-front expensing of certain depreciable property

Net Interest Deduction
Lenders earn tax-free interest on qualifying loans to EZ businesses.

Bid Preferences
EZ vendors can earn preference points on state contracts.

Please feel welcome to contact me with your questions about the State of California’s EZ program, or about this or any other particular CA zone.  I am Vaughn Hromiko, vah@WOTCPlanet.com

 

2012 Predictions for CA’s Enterprise Zone Program

Monday, January 2nd, 2012

It’s January 2, 2012 and so far, not a peep from the Governor’s office about destroying California’s best tax incentive program. So far, so good. Last year at this time, California was holding its breath in anticipation of Governor Jerry Brown’s 2011 budget proposal. Rumors had been leaked that the Governor’s budget would propose the elimination of the state’s Enterprise Zone program.

As it turned out, those rumors were true. A heated political debate ensued that lasted into the summer of 2011. In the end, the Enterprise Zone program was preserved without modifications. The program’s opponents could not muster the votes needed to pass their nefarious legislation.

Since that time, supporters of California’s enterprise zones, like Democratic Assemblyman V. Manuel Pérez, have been pursuing more constructive legislative changes. He was recently asked by The Desert Sun about his political predictions for 2012. Among other things,

Pérez . . . predicts reforms to the state enterprise zone process, “resulting in a more accountable, transparent economic development program serving our neediest communities.”

I hope Assemblyman Pérez is right in his prediction. Reasonable changes that make the program more transparent and effective might also contribute to its continued political stability.

The Governor’s office has directed the Department of Housing and Community Development (HCD) to evaluate potential regulatory changes to the way the enterprise zone program is run. A regulatory approach will not permit the draconian revamping proposed by the Governor in 2011 . . . and might actually produce something beneficial. In any case, HCD’s evaluation appears to still be in a very early phase.

Based on my personal experience with the last set of regulations prepared by HCD for the Enterprise Zone program, it will probably be a year or more before anything concrete is ready. Prove me wrong, HCD. I’m cheering for Assemblyman Pérez to get something decent through the California legislature first.

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.

 

Governor’s Job Creation Proposal Includes Expanding California’s New Jobs Tax Credit

Thursday, August 25th, 2011

Governor Jerry Brown’s proposal today of an expanded tax credit for small businesses incorporates (in amended fashion) a similar proposal put forward in February by California Senate Republican Bill Emmerson of Hemet, California   (see my previous post, herein). 

Both proposals would expand an existing ”new jobs” tax credit that offered $3,000 per job created by small California businesses that employ up to 20 workers.  The proposals would expand the program’s availability to include employers with up to 50 workers.  Governor Brown’s offer, as announced today, would also increase the amount of the tax credit from $3,000 up to $4,000 per new job created.

Brown conditions this expanded yet highly-focused tax break on the passage of a controversial provision mandating the single-sales factor approach for multi-state income apportionment. 

See today’s articles in the Sacramento Business Journal and the San Francisco Chronicle.

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

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