Targeted Employment Areas

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State Assemblyman V. Manuel Pérez to Seek Preservation through Reformation of the CA Enterprise Zone Program

Monday, January 24th, 2011

Debra Gruszecki published a lengthy article in The Desert Sun yesterday describing Coachella Valley area responses to Governor Jerry Brown’s proposal to dismantle California’s Enterprise Zones program.  While there is much in her article worth reading, one statement in particular captured my attention.

State Assemblyman V. Manuel Pérez, the Coachella Democrat who chairs the committee on Jobs, Economic Development and the Economy, has been working on a reform legislation to ensure enterprise zones . . . are protected.

Assemblyman Pérez has been a strong supporter of the state’s enterprise zone program.  Last year, the California Association of Enterprise Zones recognized Perez with the organization’s Legislator of the Year Award because of his highly visible support of the program.

My review of recent news reveals no additional details of the Assemblyman’s anticipated reform legislation.  Recalling anti-EZ bills that were pushed by enterprise-zone opponents last year, however, I would not be surprised if Pérez offers them something they wanted.  Reasonable options would include elimination or modification of the Targeted Employment Area (TEA) eligibility category, which has been heavily criticized by opponents. 

Another probable reform would be to limit the amount of time employers have to apply for hiring vouchers.  Hiring vouchers are certificates of employee eligibility.  A business can not claim a hiring tax credit without first obtaining an employee-certification voucher from the zone’s vouchering agent.  By placing a limit on the amount of time available for obtaining a voucher, the state would be eliminating the practice of retroactive vouchering – a process that currently enables businesses to amend their tax returns and claim refunds based on tax credits they had missed during the past 3 to 5 years. 

There are reasonable reforms that friends of the enterprise zone program should be willing to accept — especially if the alternative is the complete dismantling of the program.

California Senate Approves Enterprise Zone Changes – Senate Bill 974

Wednesday, June 9th, 2010

Perhaps you’ve heard? Last week, the California Senate approved Senate Bill 974, which proposes to make some significant changes to California’s enterprise zone program.

Before getting into the details, let me state that we oppose this bill. We’re urging our clients and friends in California to write their California assemble member, asking them to oppose it in the State Assembly. Watch for a follow up post with some analysis by Craig Johnson, President of the California Association of Enterprise Zones.

While the effects of this bill would be drastic for many EZ businesses, the hiring credit would survive – with some changes.

The specific changes advocated are: (1) Eliminate Targeted Employment Area residency as a criteria of employee qualification for the EZ hiring credit and (2) create a 42-day deadline for businesses to “apply for and obtain” an employee’s certificate of eligibility.

Eliminating the Targeted Employment Area.  Targeted Employment Areas (or TEAs) are economically distressed residential communities. Their purpose is to incentivize the hiring of individuals who live there.

Many of the individuals who currently live in a TEA could also be certified under other qualification categories. But the TEA residency category helps to streamline their certification. It eliminates the need to document their family income or their eligibility for food stamps and other forms of public assistance.

If the TEA is eliminated, the burden and expense of documentation will materially increase. As a result, the net benefit to participating employers will be reduced. The negative impact on many participating EZ businesses would be significant.

Imposing a 42-Day Certification Deadline.  The proposed 42-day certification deadline is ambiguous and unworkable as currently defined by the bill. The most obvious problem is the requirement that the certification be “obtained” within 42 days.

A business owner could rush to apply for an employee’s certification within a few days of their hire. After the application is submitted, however, the process is beyond the business owner’s control. The certifying agency could complete the certification in days – or months!

Also, without the TEA, the most important remaining categories require a significant amount of time for a business to document. Documenting an employee’s 90-day household income, for example, often requires multiple correspondences with the employee, their adult family members and government agencies. As another example, unless an employee can provide their own copy of their military discharge papers, it often takes months to document an employee’s veteran status or a service-related disability.

That’s all for now. I’ll keep you posted. If you have any questions, please feel welcome to contact me. I am Vaughn Hromiko. You can reach me at vah@WOTCPlanet.com or call me at (800) 655-5281, ext 101.

California Shasta Metro Enterprise Zone Posts New TEA List

Monday, May 3rd, 2010

Yes, it’s true.  Our friends at the Shasta Metro Enterprise Zone have posted an updated address range list for the EZ’s Targeted Employment Area or “TEA.”  

You ask, “What is a Targeted Employment Area?”

I answer, one of the many ways in which an employee can qualify to trigger California’s enterprise zone Hiring Credit for their employer is by residing within a Targeted Employment Area at the time of hire.  It is what is says — an area targeted by the enterprise zone for increased employment opportunities.  These are economically depressed residential areas that tend to suffer higher rates of unemployment.

Some California enterprise zones have a relatively small TEA. Some have no TEA at all. The Shasta Metro Enterprise Zone’s TEA is fairly large, however, and includes parts of Anderson, Burney, Cassel, Cottonwood, Dunsmuir, Fall River Mills, Hat Creek, Lakehead, McArthur, Old Station, Redding, Shasta Lake and many other areas of Shasta County.

TEA residency is just one of the many employee-eligibility categories that my firm reviews for our clients. Other categories include employees who are (a) receiving one or more forms of public assistance, (b) experiencing under-employment (low household income for their family size), (c) a Vietnam era veteran, disabled veteran, or a recently released veteran, (d) one of 8 different categories of dislocated worker, (e) an ex-felon or were convicted of a misdemeanor subject to incarceration, (f) receiving services through CalWORKS or the Workforce Investment Act (WIA), or (g) certified eligible under the federal Work Opportunity Tax Credit (or “WOTC”) program.

The qualifying process can be complicated and lengthy.  Once identified, a qualification must then be fully documented according to standards defined by CA regulations. Only then can an application be filed with the enterprise zone administrator or vouchering agent. In response, the enterprise zone issues a “hiring voucher” stating that the employee has met the eligibility requirements.

I’ve been working with customers in the Shasta Metro Enterprise Zone for about seven years now.  Bonnie Westlake, the zone’s Program Advisor has a very positive outlook and is always a pleasure to work with. 

The recently updated TEA ranges will make our work in that area of California a bit less complicated.  It’s good news for our clients.

California Assemblymember V. Manuel Pérez on Jobs Creation and Economic Recovery

Friday, February 26th, 2010

Published today by KXO Radio, out of El Centro, California, I found these thoughts by California Assemblymember V. Manual Perez entitled, Maximizing Our Tools for Economic Recovery.  Assemblyman Perez is a strong proponent of California’s enterprise zone tax incentives program and has been holding hearings to explore the effectiveness and potential improvements to the program.

Assemblyman Perez

“We’re all familiar with the saying that ‘government doesn’t create jobs, businesses create jobs,’ and it’s quite true. The fact of the matter is that we in the Legislature have a limited set of tools at our disposal to help businesses create and retain jobs. And with limited state resources, we need to be creative. One thing we can do is to help businesses access credit. When last year’s budget froze the state program that provides small businesses with gap financing, I jointly authored a bill to get the program reinstated. I’ve also just introduced AB 2437 for a revolving loan fund that provides a gap financing mechanism for manufacturers that create and retain jobs in California.

 ”Another thing we must do is build infrastructure. These are critical investments in our state’s future that also provide much needed jobs. A bill I authored last fall helps California leverage $3.2 billion in federal recovery bond authority. A third task at hand is workforce development. Making sure businesses have an educated and skilled workforce is critical. There are millions of federal dollars available to our counties to help assess and retrain displaced workers – we need to align those dollars to the fields and industries that are looking for workers so businesses don’t go looking elsewhere when they could be hiring Californians. I have authored AB 2628 to do just that. A fourth area is common sense regulatory reforms so that businesses aren’t burdened by red tape. AB 978 calls for the development of an online, one-stop application for businesses to apply for state licenses.

“Finally, we cannot overlook the state’s Enterprise Zone program. I spent a lot of time last year facilitating a hearing process to examine many aspects of this program, and I appreciate the efforts of stakeholders to participate in the dialogue. Last month, I introduced AB 2476 to serve as a vehicle for statutory reforms to the program. As the bill currently reads, it makes changes to the eligibility criteria for Targeted Employment Areas. I see this measure as a starting point and look forward to ongoing and productive discussions as we refine the bill language and make an important program even better.”

Assemblymember V. Manuel Pérez represents the 80th district, which includes all of Imperial County. He serves as the chairperson of the Assembly Committee on Jobs, Economic Development and the Economy. Visit his website at www.asm.ca.gov/mperez

California San Joaquin Enterprise Zone Receives Final Designation Status

Thursday, September 17th, 2009

Yes, what you’ve heard is true. The San Joaquin Enterprise Zone’s designation status has been updated from “conditional” to “final” by the California Housing and Community Development Department (HCD). Here’s an excerpt from an email I received today from Nicole Wells, the zone’s Enterprise Zone Coordinator.

“The State of California has granted final designation for the San Joaquin County Enterprise Zone. The Zone has been operating under conditional designation since June 2008. The State has allowed the Zone’s effective date to be retroactive back to date of inception, which was 6/22/08. Already one of the largest Enterprise Zones in the State, this final designation expands the Zone to 656 square miles, which includes over 55 square miles of commercial and industrial property.”

The best part of this is that the zone’s new Targeted Employment Area is on the table for finalization and when approved, should increase the already generous employee qualification rates for businesses located throughout the San Joaquin Enterprise Zone.

If you are located anywhere in San Joaquin County, you should contact me right away to find out if your business is within the new enterprise zone’s boundaries. If you have employees that work within the enterprise zone, the tax benefits to your company are well worth your time to investigate.