SB 808: GO-Biz: Made in California Program.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-07-01
Existing law establishes the Made in California Program within the Governors Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a Made in U.S.A. label, as provided.
This bill would remove the requirement that a company establish that the finished product could lawfully use a Made in U.S.A. label in order to be eligible under the program.
Existing law requires the office to require each company to register with the office for use of the Made in California label and requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified.
This bill would remove the requirement that the certification described above be a qualified third-party certification. certification and would instead require the certification to be signed under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
Existing law authorizes the office to accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program.
This bill would prohibit the office from accepting a donation that meets certain criteria, including that the donation would constitute more than 20 percent of the programs annual budget.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes the Made in California Program within the Governors Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a Made in U.S.A. label, as provided.
This bill would remove the requirement that a company establish that the finished product could lawfully use a Made in U.S.A. label in order to be eligible under the program.
Existing law requires the office to require each company to register with the office for use of the Made in California label and requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified.
This bill would remove the requirement that the certification described above be a qualified third-party certification.
Existing law establishes the Governors Office of Business and Economic Development, known as GO-Biz, within the Governors office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. In this regard, existing law authorizes GO-Biz to make recommendations to the Governor and the Legislature on new state policies and to provide data, information, and assistance, as specified.This bill would further authorize the GO-Biz to provide information and resources specific to online businesses and businesses recovering from a global pandemic. The bill would also make nonsubstantive changes to these provisions.Existing law establishes the Governors Office of Business and Economic Development, known as GO-Biz, within the Governors office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. In this regard, existing law authorizes GO-Biz to make recommendations to the Governor and the Legislature on new state policies and to provide data, information, and assistance, as specified.
This bill would further authorize the GO-Biz to provide information and resources specific to online businesses and businesses recovering from a global pandemic. The bill would also make nonsubstantive changes to these provisions.
(a)The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.
(b)(1)The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state.
(2)For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product.
(c)The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.
(d)In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.
(e)(1)As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.
(2)The company filing the registration shall submit a certification certification, signed under penalty of perjury, at least once every three years that the product is made in accordance with this section.
(3)The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).
(f)(1)The office may may, subject to paragraph (3), accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).
(2)A donation accepted pursuant to this subdivision shall be deposited in the Made in California Fund established in subdivision (h).
(3)(A)With respect to a donation for the general use of the program, the office shall not accept a donation if doing so would result in that donation constituting more than 20 percent of the programs annual budget.
(B)With respect to a donation for a specific project, the office shall not accept a donation if doing so would result in that donation constituting more than 20 percent of the amount of the project cost.
(g)(1)Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive January 1, regarding its expenditures, progress, and ongoing priorities with this program.
(2)The plan report submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.
(h)(1)The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.
(2)Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.
(3)(A)The office shall provide notice of the receipt of funds pursuant to subdivision (f) within 20 calendar days of receipt.
(B)The office shall provide the notice required by this paragraph in writing to the Assembly Committee on Jobs, Economic Development, and the Economy, the Senate Committee on Business Professions and Economic Development, and the Joint Legislative Budget Committee. The notice shall include the amount of money donated, the name and contact information of the source of the donated money, and a general description of any conditions or requirements associated with the donation.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.
(b)(1)The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish all of that the following: product is substantially made by an individual located in the state.
(A)The product is substantially made by an individual located in the state. (B)The finished product could lawfully use a Made in U.S.A. label and not violate Section 17533.7 of the Business and Professions Code.(2)For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product.
(c)The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.
(d)In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.
(e)(1)As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.
(2)The company filing the registration shall submit a qualified third-party certification at least once every three years that the product is made in accordance with this section.
(3)For purposes of this section, qualified third-party means an individual, group, or association that possesses a professional license, certification, or other equivalent documentation indicating sufficient training, education, or expertise to perform a regulatory compliance audit. (4)(3)The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).
(f)The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).
(g)(1)Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive January 1, regarding its expenditures, progress, and ongoing priorities with this program.
(2)The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.
(h)The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.
SECTION 1.Section 12096.3 of the Government Code is amended to read:12096.3.The office shall serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. In this capacity, the office may:(a)Recommend to the Governor and the Legislature new state policies, programs, and actions, or amendments to existing programs, advance statewide economic goals and respond to emerging economic problems and opportunities, and ensure that all state policies and programs conform to the adopted state economic and business development goals.(b)Coordinate the development of policies and criteria to ensure that federal grants administered or directly expended by state government advance statewide economic goals and objectives.(c)Market the business and investment opportunities available in California by working in partnership with local, regional, federal, and other state public and private institutions to encourage business development and investment in the state.(d)Provide, including, but not limited to, all of the following:(1)Economic and demographic data.(2)Financial information to help link businesses with state and local public and private programs.(3)Workforce information, including, but not limited to, labor availability, training, and education programs.(4)Transportation and infrastructure information.(5)Assistance in obtaining state and local permits.(6)Information on tax credits and other incentives.(7)Permitting, siting, and other regulatory information pertinent to business operations in the state.(8)Information and resources specific to online businesses and businesses recovering from a global pandemic.(e)Establish a well-advertised telephone number, an interactive internet website, and an administrative structure that effectively supports the facilitation of business development and investment in the state.(f)Encourage collaboration among research institutions, startup companies, local governments, venture capitalists, and economic development agencies to promote innovation.(g)In cooperation with the federal government, foster relationships with overseas entities to improve the states image as a destination for business investment and expansion.(h)Conduct research on the states business climate, including, but not limited to, research on how the state can remain on the leading edge of innovation and emerging sectors.(i)Support small businesses by providing information about accessing capital, complying with regulations, and supporting state initiatives that support small business.The office shall serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. In this capacity, the office may:
(a)Recommend to the Governor and the Legislature new state policies, programs, and actions, or amendments to existing programs, advance statewide economic goals and respond to emerging economic problems and opportunities, and ensure that all state policies and programs conform to the adopted state economic and business development goals.
(b)Coordinate the development of policies and criteria to ensure that federal grants administered or directly expended by state government advance statewide economic goals and objectives.
(c)Market the business and investment opportunities available in California by working in partnership with local, regional, federal, and other state public and private institutions to encourage business development and investment in the state.
(d)Provide, including, but not limited to, all of the following:
(1)Economic and demographic data.
(2)Financial information to help link businesses with state and local public and private programs.
(3)Workforce information, including, but not limited to, labor availability, training, and education programs.
(4)Transportation and infrastructure information.
(5)Assistance in obtaining state and local permits.
(6)Information on tax credits and other incentives.
(7)Permitting, siting, and other regulatory information pertinent to business operations in the state.
(8)Information and resources specific to online businesses and businesses recovering from a global pandemic.
(e)Establish a well-advertised telephone number, an interactive Internet Web site, internet website, and an administrative structure that effectively supports the facilitation of business development and investment in the state.
(f)Encourage collaboration among research institutions, startup companies, local governments, venture capitalists, and economic development agencies to promote innovation.
(g)In cooperation with the federal government, foster relationships with overseas entities to improve the states image as a destination for business investment and expansion.
(h)Conduct research on the states business climate, including, but not limited to, research on how the state can remain on the leading edge of innovation and emerging sectors.
(i)Support small businesses by providing information about accessing capital, complying with regulations, and supporting state initiatives that support small business.
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Date
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Status
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| Aug 16, 2021 | August 19 hearing postponed by committee. |
| Jul 1, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 30, 2021 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 29). |
| May 20, 2021 | Referred to Com. on J.,E.D., & E. |
| May 10, 2021 | In Assembly. Read first time. Held at Desk. |
| May 10, 2021 | Read third time. Passed. (Ayes 37. Noes 0. Page 1062.) Ordered to the Assembly. |
| May 5, 2021 | Read second time. Ordered to consent calendar. |
| May 4, 2021 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 21, 2021 | Set for hearing May 3. |
| Apr 19, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 13. Noes 0. Page 841.) (April 19). Re-referred to Com. on APPR. |
| Apr 7, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D. |
| Mar 11, 2021 | Set for hearing April 19. |
| Mar 3, 2021 | Referred to Com. on B., P. & E.D. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 22, 2021 | From printer. May be acted upon on or after March 24. |
| Feb 19, 2021 | Introduced. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| May 10, 2021 | Consent Calendar SB808 | Senate Floor |
Passed |
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Bill Author
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