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AB 1036 — Assembly Committee on Jobs, Economic Development, and the Economy (Date of Hearing: April 27, 2021)

Summary

Analysis of AB 1036 for the April 27, 2021 hearing of the Assembly Committee on Jobs, Economic Development, and the Economy, Sabrina Cervantes, Chair. It states that the bill enacts the California Manufacturing Emergency Preparedness Act of 2021 and establishes a new loan and loan guarantee program to support manufacturing facilities in retooling, repurposing, and expanding. The bill authorizes the Governor to allocate moneys in the Disaster Assistance Fund to the California Manufacturing Disaster Loan Program Subaccount in the Manufacturing Program Account. Registered support lists the California Edge Coalition and the California Manufacturers and Technology Association; opposition is None on File.

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“AB 1036 — Assembly Committee on Jobs, Economic Development, and the Economy (Date of Hearing: April 27, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-04-27-ab-1036-jede-analysis-edeef26a4c/, SHA-256 82ad80143b3c43e594e428d23a80559a60288d04f07ea35431e6dbc2ae05fe20.

Full text

                                                                                                   AB 1036
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Date of Hearing: April 27, 2021

   ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY
                                 Sabrina Cervantes, Chair
             AB 1036 (E. Garcia and Cervantes) – As Amended March 30, 2021

SUBJECT: California Manufacturing Emergency Preparedness Act of 2021

POLICY FRAME: California faces many hurdles in meeting the challenge of the coronavirus
emergency. Extended global supply chains have hampered the state’s ability to meet the basic needs of its
health care system and food supply chain, and have fundamentally impaired the state’s ability to develop
and follow evidence-based policies. While California’s disaster response capabilities are some of the best
in the world, in the last few months the state has learned the serious downsides to global supply chains for
crucial goods, such as the lack of personal protective gear and swabs for testing kits.

Manufacturing is so important to the US, the President has the authority to invoke the Defense Production
Act (DPA) in order to expedite, assure, and expand the supply of resources to meet the nation’s
emergency needs. During the coronavirus emergency, the DPA has been used or threatened to be used
serval times. Most recently, President Biden used the DPA to ensure production of least 61 million at-
home or point-of-care coronavirus tests available by the summer 2021.

AB 1036 establishes a new loan and loan guarantee program to support manufacturing facilities in
retooling, repurposing, and expanding. The analysis includes information on the California
manufacturing economy, the manufacturing challenges of the COVID-19 emergency, and the California
Infrastructure and Economic Development Bank (IBank). There is no known opposition to the bill.

SUMMARY: Enacts the California Manufacturing Emergency Preparedness Act of 2021 for purpose of
addressing the financial requirements of businesses when retooling, repurposing, and expanding
production and distributing products necessary to prevent shortages of essential goods. Specifically, this
bill:

1) Authorizes the Governor to allocate moneys in the Disaster Assistance Fund to the California
   Manufacturing Disaster Loan Program Subaccount in the Manufacturing Program Account, which are
   established in this bill.
   a) Specifies that these funds are to be used to implement the California Manufacturing Disaster Loan
      Program for the purpose of providing financing to enable the manufacturing and logistics sectors
      to support the emergency needs of Californians.
   b) Expresses Legislature’s intent that the Governor be provided with appropriate emergency powers
      to address the manufacturing production and distribution needs of the state to protect the health
      and safety of Californians.
   c) Expresses the Legislature’s intent that the Governor utilize this authority to provide direct loans,
      and to forgive those loans in appropriate circumstances, for purposes of addressing the financial
      requirements of businesses when retooling, repurposing, and expanding production and
      distributing products necessary to prevent shortages of essential goods.

2) Finds and declares all of the following:
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   a) California is one of the largest and most diverse economies in the world, with a state gross
      domestic product of $3.1 trillion in 2019. Based on figures from the Department of Finance, if
      California were an independent nation it would rank as the fifth largest economy in the world.

   b) Historically, the state’s significance in the global marketplace has resulted from a variety of
      factors, including, but not limited to:
       i) Its strategic west coast location that provides direct access to the growing markets in Asia
       ii) Its economically diverse regional economies and its large, ethnically diverse population,
           representing both a ready workforce and significant consumer base.
       iii) Its access to a wide variety of venture and other private capital.
       iv) Its broad base of small- and medium-sized businesses that support the global manufacturing
           supply chain.
       v) Its culture of innovation and entrepreneurship, particularly in the area of high technology.
   c) Historically, economic growth in California has outpaced the economic growth rate of the nation
      as a whole, and the state has led the nation in export-related jobs, business startups, and
      innovation. California leads the nation in the number of manufacturers.
   d) California’s manufacturing sector, however, faces many challenges in maintaining global and
      domestic disaster preparedness, accessing a qualified workforce, and updating equipment and
      processes to meet domestic production needs during and following a declared state of emergency.
   e) A robust manufacturing sector offers many benefits to the state, including high-wage jobs, a basis
      for international trade, and one of the highest multiplier effects on other industries and businesses.
      It has been estimated that for every job created in manufacturing, 2.5 jobs are supported in other
      industry sectors. For instance, in the electronic computer manufacturing industry, that multiplier
      effect is 16 to 1.
   f) As California faces the coronavirus emergency, its ability to protect the health and safety of its
      people has been impeded by the lack of access to certain essential manufactured products,
      including, but not limited to, personal protection equipment and ventilators. The current lack of
      domestic production and the need to pivot existing manufacturers to new and expanded lines of
      production requires the state to develop finance programs in advance of disasters, so they can be
      activated once a state of emergency is declared.
   g) It is therefore the intent of the Legislature to strengthen the manufacturing capacity of California
      through the enactment and implementation of this article to provide the framework and focus to
      retool and expand California’s manufacturing facilities, support a vibrant logistics network, and
      retain and create more quality jobs.
   h) Loan forgiveness provided through this article produces two statewide benefits to the public by,
      first, supporting the state’s manufacturing capacity to produce essential and scarce goods, and,
      second, by supporting struggling businesses and their employees in the manufacturing sector that,
      in turn, support the state’s emergency response and recovery efforts.
   i) It is therefore also the intent of the Legislature that the bank have the authority to forgive any loan
      provided through this article if forgiveness of the loan furthers the purposes of the program

3) Defines a number of terms to guide the development of the programs, including, but not limited to:
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   a) “Applicant” means a company, or a participating financial institution on behalf of a company, that
      applies to the bank for a loan, loan forgiveness for a loan issued pursuant to this article, or a line of
      credit to finance a project undertaken or proposed to be undertaken pursuant to this article.
      “Applicant” may be comprised of more than a single entity.
   b) “Company” means a person, partnership, corporation, whether for profit or not, limited liability
      company, trust, or other private enterprise of whatever legal form, for which a project is
      undertaken or proposed to be undertaken pursuant to this article. “Company” may include more
      than a single enterprise.
   c) “Loan” means a loan, a portion of a loan, or a line of credit or portion of a line of credit made or
      extended by the bank, a participating financial institution on behalf of the bank, or by a
      participating financial institution pursuant to the bank’s program to a company for a project or for
      a portion of a project encompassing one or more of the activities or uses set forth in this article.
   d) “Logistics” means a business that can assist in the collection and distribution of a product, as
      classified as transportation and warehousing under the 2017 North American Industry Codes 48
      and 49.
   e) “Manufacturer” means a business that is capable of manufacturing a product, as classified as
      manufacturing under the 2017 North American Industry Codes 31 to 33, inclusive.
4) Creation of the Disaster Program: Authorizes the IBank to establish the California Manufacturing
   Disaster Loan Program (Disaster Program) for the purpose of attracting, retaining, retooling,
   establishing, and expanding manufacturing and logistic capacity in the state.
   a) Authorizes the IBank, in undertaking this purpose, to provide loans to businesses in the
      manufacturing and logistics sectors to support state emergency response and recovery efforts. The
      IBank may forgive loans, upon making a finding that forgiveness of the loan would further the
      purposes of this program.
   b) Prohibits commencement of the Disaster Program until the IBank has adopted a resolution finding
      that both of the following conditions are met:
       i) There is sufficient money in the California Manufacturing Disaster Loan Program Subaccount,
          to cover the costs of implementing the program, including, but not limited to, appropriate
          oversight costs.
       ii) The bank has sufficient direction from the Director of the Office of Emergency Services to set
           program parameters that address the specific needs of the disaster, including, but not limited
           to, whether the loans are to be secured, unsecured, priority, or subordinated debt.
   c) Requires the IBank, upon the adoption of a specified resolution, to adopt directives and
      requirements for the implementation of this program, as specified.

5) State of Emergency Required: Limits the provision of emergency–related loans to only those
   businesses that meet one of the following requirements:
   a) The business is located in an area affected by a state of emergency that is in the state and that
      meets any of the following conditions:
       i) The US President declares a state of emergency or disaster for the area.
       ii) The US Small Business Administration designates the area as a disaster area or declares a
           disaster in the area.
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       iii) The US Secretary of Agriculture designates the area as a disaster area or declares a disaster in
            the area.
       iv) The Governor declares a state of emergency for the area.

   b) The business is located in the state and produces or distributes a product, component or resource
      necessary for the production of the product, that fulfills a need of the residents or businesses in an
      area affected by a state of emergency that is in the state and that meets any of the following
      conditions:
       i) The US President declares a state of emergency or disaster for the area.
       ii) The US Small Business Administration designates the area as a disaster area or declares a
           disaster in the area.
       iii) The US Secretary of Agriculture designates the area as a disaster area or declares a disaster in
            the area.
       iv) The Governor declares a state of emergency for the area.

7) Disaster Program Objectives: Requires the Disaster Program to meet all of the following
   objectives:
   a) Protect and enhance the state’s long-term manufacturing capacity.
   b) Maintain jobs through the support of retooling, repurposing, establishing, and expanding
      manufacturing facilities during and immediately following a declaration of a state of emergency.
   c) Support quality manufacturing jobs that provide high wages, including benefits.
   d) Allow manufacturers to access funds under terms and conditions that would not otherwise be
      available in the private market.
   e) Strengthen the supply chain of small businesses that support this state’s manufacturing
      preparedness.
   f) Assist manufacturers in cost effectively responding to the manufacturing needs of California
      during a state of emergency.

8) Loan Requirements: Requires, among other requirements, that the loans and lines of credit provided
   be subject to all of the following provisions:
   a) Applicants shall commit, as a condition of participating in the program, that all outstanding loans
      shall be paid in full six months before the relocation of a facility outside of California. If the loan
      included a subsidized amount, that amount shall also be repaid subject to a sliding scale adopted
      by the bank.
   b) Applicants shall demonstrate where the facility, or facilities, where the money will be expended
      are located, and where the direct benefits of the assistance will be realized in the state.
   c) Upon the request of the bank, each applicant shall agree to report to the bank in the year the
      funding was provided, the following years until the loan is repaid, and the total employment at all
      its locations in California. The applicant shall also estimate the number of jobs created or retained
      through the provision of this state assistance and provide other appropriate performance data, as
      determined by the bank.
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9) Administration Costs: Requires each applicant to pay a nonrefundable application fee to cover the
   costs of administering the program, including a proportional share of the costs of developing the
   program, reviewing applications, and monitoring and overseeing the program.
   a) Requires all fee money to be deposited directly into the California Manufacturing Disaster Loan
      Program Subaccount, for the purpose of ensuring that funds are available to the state for the sole
      purpose of administration of the program.
   b) Money transferred from the Disaster Assistance Account may also be used to cover the costs of
      developing the Disaster Program, reviewing applications, and monitoring and overseeing the
      program. If such money is used to cover these costs, the nonrefundable application fee shall be
      reduced accordingly.

10) Managing the Disaster Program: Specifies that thee Disaster Programs may be administered
    directly by the bank, or in conjunction with financial companies or financial institutions, in direct or
    indirect participation with special purpose entities established for manufacturing finance, or under
    contract with financial development corporations. The IBank may also support the Disaster Program
    with the administrative support of the California Small Business Finance Center, as specified.

11) Creation of the Competitiveness Program: Authorizes the IBank to establish the California
    Manufacturing Competitiveness Loan Program (Competitiveness Program), as specifies, for the
    purpose of attracting, retaining, and expanding manufacturing facilities and other companies in the
    state. The IBank is prohibited from commencing operation of the Competitiveness Program before
    adopting a resolution finding that there is sufficient money in the California Manufacturing
    Competitiveness Loan Program Subaccount to cover the costs of implementing the program,
    including, but not limited to, appropriate oversight costs.

12) Guidelines for the Competitiveness Program: Authorizes the IBank to adopt directives and
    requirements for the implementation of the Competitiveness Program, as specified.
   a) Requires the design of the Competitiveness Program to meet all of the following objectives:
       i) Encourage the development of the state’s long-term manufacturing capacity.
       ii) Create jobs through the support of retooling and expansion of manufacturing facilities.
       iii) Support quality manufacturing jobs that provide high wages, including benefits.
       iv) Allow manufacturers to access funds under terms and conditions that would not otherwise be
           available in the private market.
       v) Strengthen the supply chain of small businesses that support this state’s manufacturing
          competitiveness.
       vi) Assist manufacturers in cost effectively responding to energy efficiency regulations and new
           technologies.
   b) Requires the directives and requirements to address how to evaluate and approve applicants for
      loans or lines of credit, and to evaluate and certify the participating financial institutions that may
      make loans or extend lines of credit on its behalf, or directly to companies pursuant to the bank’s
      program.
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       i) Requires the evaluation and approval of applicants to include the assessment of the applicant’s
          creditworthiness, and the valuation of guarantees and collateral to be posted by the applicant to
          secure payment of principal and interest on the loan or line of credit.
       ii) Requires the evaluation and certification of participating financial institutions to include an
           assessment of the standards for due diligence for each loan or line of credit made on behalf of
           the bank or made directly to a company pursuant to the bank’s program.
   c) Requires the directives and requirements to provide for the development and administration of the
      application, review, and evaluation process for the program, including, but not limited to, defining
      the eligibility standards, rating and ranking criteria, and other appropriate policies and procedures
      for implementing and overseeing the program pursuant to this article.
   d) Requires the directives and requirements to place certain restrictions on loans and line of credit
      including all of the following:
       i) Requires all outstanding loans to be paid in full six months before the relocation of a facility
          outside of California. If the loan included a subsidized amount, that amount shall also be
          repaid subject to a sliding scale adopted by the bank.
       ii) Requires applicants to demonstrate where the facility or facilities where the money will be
           expended are located, and where the direct benefits of the assistance will be realized in the
           state.
       iii) Requires the wages paid to workers of the applicant, on average, be equal to, or more than, the
            average monthly wage rate for similar workers in the same industry subsector.

13) Borrower Reporting: Requires, upon the request of the bank, each applicant agree to report to the
    IBank in the year the funding was provided, and the following years, on total capital investments
    made by the company, the total employment at the project facility, and the wage levels by type of
    work. The applicant is also required to estimate the number of jobs created or retained through the
    provision of this state assistance, as well as provide other appropriate performance data, as determined
    by the bank.

14) Technical Assistance: Requires the IBank to provide technical assistance to participating financial
    institutions in order to increase utilization of the minimum documentation, underwriting, and
    servicing standards.

15) Competitiveness Program Evaluation Criteria: Requires the evaluation criteria for reviewing
    Competitiveness Program applications and determining financing approvals to include all of the
    following:
   a) Whether employment benefits arising out of the use of the financing secures the employment of
      existing employees or increases the overall number of full-time employees of the company.
   b) Whether the company provides compensation for employees at the project facility that exceeds the
      average compensation for similar employment within the company’s jurisdiction or within the
      state.
   c) Whether the company provides health benefits to employees with employment at the project
      facility or contributions to employee retirement benefits.
   d) Whether the project will provide energy, mineral or natural, or cultivated resource conservation
      benefits.
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   e) Whether the project will include building certified environmentally beneficial facilities, bringing
      existing facilities up to certified environmentally beneficial status, implementing greenhouse gas
      reduction technologies, energy efficiency measures, and installing renewable energy equipment.
   f) Whether the company purchases raw materials or other products from California-based
      companies.

16) Administrative Costs: Requires each application to pay a nonrefundable administrative fee to cover
    the costs of administering the program, including a proportional share of the costs of developing the
    program, reviewing applications, and monitoring and overseeing the program. Fee moneys are
    required to be deposited directly into the California Manufacturing Competitiveness Loan Program
    Subaccount, for the purpose of ensuring that funds are available to the state for the sole purpose of
    administration of the program.

17) Creation of Accounts and Subaccounts: Establishes the Manufacturing Program Account within
    the California Infrastructure and Economic Development Bank Fund. No money other than the
    moneys in the account may be used for direct loans issued pursuant to this Disaster Program and the
    Competitiveness Program.
   a) Authorizes the IBank to establish subaccounts, as necessary, to administer these programs,
      including, but not limited to the California Manufacturing Disaster Loan Program Subaccount.
   b) Requires the Department of Finance (DOF), with the approval of the Governor, to transfer moneys
      allocated into California Manufacturing Disaster Loan Program Subaccount, as specified.
   c) Requires all moneys received from the federal government, foundations, and other public or
      private funding sources, for the purpose of implementing the California Manufacturing Disaster
      Loan Program or California Manufacturing Competitiveness Loan Program, to be deposited in the
      appropriate subaccounts in the Manufacturing Program Account.
   d) Requires all loan repayments, interest, and royalties shall be deposited back into the appropriate
      subaccounts in the Manufacturing Program Account.
   e) Authorizes the IBank, with the approval of DOF, to transfer all or a portion of the funds in the
      account or subaccounts to a lending institution or financial company that will act as trustee of the
      funds.

18) Funding First: Prohibits the IBank from commencing implementation of either the California
    Manufacturing Disaster Loan Program or California Manufacturing Competitiveness Loan Program
    before adopting a resolution finding that there is sufficient money in the appropriate subaccount to
    cover the costs of implementing the specific program, including, but not limited to, appropriate
    oversight costs.
19) Annual Report: Requires the IBank to annually report, commencing on January 1, 2023, to the
    Governor and the Legislature on program activity in any fiscal year that the California Manufacturing
    Disaster Loan Program or California Manufacturing Competitiveness Loan Program receives funding
    or has active loans.
   a) Requires the report, at a minimum, to include all of the following:
       i) The total amount of moneys in the Manufacturing Program Account and its subaccounts, at the
          beginning of the fiscal year and at the end of the fiscal year.
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       ii) The number of projects funded and the number of manufacturers and other businesses assisted.
       iii) The number of jobs created and the number of jobs retained through program assistance in
            each of the fiscal years.
       iv) Information on publicly held companies shall be reported separately from other companies.
       v) Information on the size of each business assisted based on number of employees. The
          information required by this paragraph shall be categorized as follows: Less than 49
          employees; 50 to 99 employees; 100 to 499 employees; and 500 or more employees.
   b) Authorizes the IBank to include the required information in any annual report of the bank, in lieu
      of submitting a separate report.

20) COVID-19 Application: Authorizes the IBank to use the California Manufacturing Disaster Loan
    Program or California Manufacturing Competitiveness Loan Program to meet California’s
    manufacturing and logistics needs in response to the March 4, 2020, proclamation of a state of
    emergency in response to the COVID-19 virus.

21) Program Sunset: Prohibits the IBank from entering into any loan or line of credit pursuant to the
    programs authorized in this bill on or after January 1, 2030.

22) Urgency Clause: Contains an urgency clause based on the need to immediately address the health
    and safety needs of persons at risk of being infected by the COVID-19 virus due to the lack of
    personal protective equipment, medical equipment, and materials and devices that will limit the spread
    of the virus, and due to the unreliability of existing suppliers in meeting these manufacturing and
    logistics needs, it is necessary that this act go into immediate effect.

EXISTING LAW establishes the IBank within the Governor's Office of Business and Economic
Development (GO-Biz) and authorizes it to undertake a variety of infrastructure related financial activities
including, but not limited to, the administration of the Infrastructure State Revolving Loan Fund (ISRF),
oversight of the Small Business Finance Center, and the issuance of tax-exempt and taxable revenue
bonds.

FISCAL EFFECT: Unknown

COMMENTS & CONTEXT:

1) The Role of Manufacturing During the COVID-19 Pandemic: California has and is facing many
   hurdles in meeting the challenges of the coronavirus emergency. Among these challenges has been
   access to key essential goods, including, access to sanitizing agents, personal protective gear,
   ventilators, and key component parts of essential products, such as swabs for testing kits. Extended
   global supply chains hampered the state’s ability to meet the basic needs of its health care system.
   While California’s disaster response capabilities have been demonstrated to be some of the best in the
   world, COVID-19 has also demonstrated the serious downsides to global supply chains for crucial
   goods.

   With limited domestic capacity, public and private entities in California had to initially pursue
   contracts with out-of-state and foreign producers. This too often resulted in high cost, poor quality,
   and unreliable deliveries. In a rapid response to these unacceptable outcomes, the Governor’s Office
   of Business and Economic Development partnered with state trade associations, like the California
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Manufacturing and Technology Association (CMTA), and the state-and-federally-supported, small
business assistance centers, including the California Manufacturing Technology Corporation (CMTC),
who testified at the February 23, 2021, hearing.

Over a matter of weeks, these entities collectively and individually reached out to California’s
dynamic manufactures to assess how these businesses could contribute to the state’s emergency
response efforts. Governor Newsom established a website (https://covid19supplies.ca.gov/), where
businesses holding inventories of or with the capacity to produce heath care-related products could
directly connect with state contracting staff. Top priority products included ventilators, surgical
masks, hand sanitizers, and hospital exam gowns. CMTA led in this effort by polling all its
membership to identify current production and repurposing capacity. CMTA’s manufacturer
repurposing list can be found at:
https://cmta.net/multimedia/10th_list_of_mfg_repurposing_for_covid_19_cmta_w:o_contact_info_copy.pdf

The CMTC, working under repurposed funding from the GO-Biz Small Business Technical
Assistance Expansion Program, worked one-on-one with small and medium-size manufacturers to
shift their production to meet the state’s top emergency supply needs. This pivot in manufacturing has
required retooling of facilities, reworking of staffing, and establishing new supply sources, to name
only a few of the required innovations. Below are examples how CMTC’s clients evolved to meet
California’s COVID-19 challenge.
   Allett, National City: Allett is a family-run slim wallet company established in 1995. By
    rethinking their production line, the company is transforming their warehouse in National City
    from making wallets to face masks. This project that began as a small one-time donation has
    become a business model. For anyone that purchases two masks, the company donates a mask.
    Most recently the company reported that it has donated over 3,500 masks, which has also allowed
    the small business to double its workforce.
   Armenco Truck Company, Chatsworth: Since 1977, Armenco Truck, a family run company, has
    designed and delivered mobile trucks for food and other industries. For the COVID-19 pandemic,
    Armenco has the capabilities to supply mobile hand wash stations, mobile kitchens, and triage
    units for parks, homeless encampments, and other applications. Armenco is also supplying plastic
    partitions and guard stations, which are being installed between manufacturing equipment stations
    and office areas.
   Dermaestheitcs, Inc., Anaheim: Dermaesthetics is a global skincare company, primarily selling to
    beauty professionals for over 30 years. When the call for hand sanitizers came, the company
    pivoted its production line and shipped at no-charge to California clinics, hospitals, senior care
    centers, etc. In addition, Dermaesthetics is selling its FDA and WHO compliant product in various
    sizes to the companies and the general public.
   Able Industrial Products, Ontario: Able Industrial Products is a second generation family owned
    business, which pivoted to manufacture face shields from manufacturing automotive and
    aerospace gaskets. The company now provides 2,500+ face shields daily to St. Jude Medical
    Center in Fullerton and other medical centers in Southern California.

The Assembly Committee on Jobs, Economic Development, and the Economy, worked on legislation
to support the financing of California products, AB 3077 (Garcia and Cervantes) from the prior
session, as well as sending a letter to the Governor calling the establishment of Manufacturing
Response and Recovery Initiative. The purpose of the Manufacturing Response and Recovery
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   Initiative was to both jump-start California’s economic recovery, as well as becoming better prepared
   to protect the health and safety of Californians in the future.

   CMTA joined with the California Business Roundtable and similar business and industry groups in
   Oregon and Washington State to write an open letter to their Governors outlining a framework for
   reopening, which included the following goals:

      Business must help lead the recovery
      Expectations must be clear
      Employer concerns must be resolved
      Businesses– and individuals– should be allowed to return to work as soon as reasonable safety
       standards can be met
      Different sectors or regions may need different strategies and timelines
      The hardest hit industries should receive additional support and consideration
      Worker retraining should occur sooner rather than later
      Reviving our economy, and building strength for the long-term, must become a priority.

   Both CMTA and CMTC supported these companies in pivoting their existing production capacity to
   contribute to the state’s coronavirus pandemic response and sustain a portion of their workforce. If
   enacted, AB 1036 would provide a new funding mechanism to assist manufacturers in making these
   transitions.

2) California’s Manufacturing Strategy: While manufacturing is considered the “Gold Standard” in
   business development, expansion and retention activities, the state has a limited number of programs
   that specifically meet the unique challenges of manufacturing. The JEDE Committee Chair and
   members most recently heard from Launce Hastings, President of the California Manufacturing and
   Technology Association, and James Watson, President of California Manufacturing Partnership, the
   state’s technical assistance provider.
      Partial Sales Tax Exemption on New Equipment: Sales and Use Tax Exemption on the state
       portion of taxes for the first $200 million of equipment purchases. Up to $6,625,000 (3.3125%)
       million can awarded each year, with approvals provided on a first-come-first-serve basis. Each
       year the program is oversubscribed.
      Full Sales Tax Exclusion on Equipment: Sales and Use Tax Exclusion on both the local and
       state share of sales and use taxes. Up to $100 may be annually awarded on a competitive basis.
       Over the last several years, the program has been oversubscribed.
      Tax Credit for Expanding Businesses: California Competes Tax Credit has authority to allocate
       up to $200 annually to businesses, including manufacturers who are making significant new
       capital investments and hire additional employees.
      Tax Credit to Retain Workers: The Main Street Tax Credit was authorized in 2020 to allocate
       up to $100 million in tax credits to certain qualified small businesses for the 2020 taxable year,
       equal to $1,000 for each net increase in qualified employees, not to exceed $100,000 per
       employer.
      Technical Assistance: The Small Business technical Assistance and Expansion Program
       competitively awards $17 million annually, as part of a five-year agreement for the elimination of
       a $50 million small business set aside in the California Competes Tax Credit.
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   Many years ago, the Small Business Loan Guarantee Program, administered through the Small
   Business Finance Center at the IBank, was guaranteeing loans for up to $10 million, which provided a
   source of manufacturing capital. The program is currently limited to guarantees on loans up to $1.5
   million, making the program not very manufacturer-friendly.

   The Small Business Finance Center also runs a Jump Start Direct Loan Program, which provides
   microloans to small businesses. The total initial capitalization was $2 million, making the program
   very helpful to microenterprises but not very useful in providing capital to manufacturers.

   AB 1036 authorizes the establishment of a Disaster Program and a Competitiveness Program to offer
   financial assistance not otherwise authorized under existing law. This includes a disaster direct loan
   program for manufacturers of all sizes and a direct loan and loan guarantee program for manufactures
   who need growth capital coming out of the COVID-19 pandemic, but exceed current business size
   limitations or require larger size guarantees.

3) Manufacturing and the California Economy: Manufacturing plays an important role within the
   California economy, supporting international trade and small businesses within the global supply
   chain while providing high-paying jobs throughout. In 2017, California’s 35,321 manufacturing
   establishments accounted for 14.2% of all manufacturing plants in the US, which produced 10.67% of
   state GDP.

   In 2018, the California manufacturing sector contributed over $316.7 billion to the state economy,
   which represented 10.7% of total output. Manufacturing employed 1.3 million workers in California
   in 2018, which accounted for 7.66% of the state’s non-farm employment in 2019. Average annual
   income for a worker in manufacturing was $109,875 as compared to $59,149 for the nonfarm workers.
   Average hourly earnings in manufacturing were $31.58 in January of 2018, as compared to $30 for all
   private industry sectors and $18.04 for leisure and hospitality jobs.

   Manufacturers bear a disproportionate share of federal regulatory costs. According to a report by the
   National Association of Manufacturers, the average US company, manufacturer or otherwise, pays
   $9,991 per employee per year to comply with federal regulations. The average manufacturer in the US
   pays $19,564 per employee per year. For small manufacturers (fewer than 50 employees), the
   regulatory impact is $34,671 per employee per year.

   Manufacturing is California’s most export-intensive activity, with $154 billion in manufactured goods
   exported in 2018, which accounted for 86.6% of California’s annual exports. Employment related to
   manufacturing has historically supported 25% of all manufacturing jobs. The growth in manufactured
   goods between 2010 and 2019 was 19.8%. California exported $40.4 billion in exports to Mexico and
   Canada under the USMCA agreement in 2019. The two largest exports by aggregate dollar value in
   2020 were computers and electronic products valued at $37.6 billion (25.4% of all exports) and
   transportation equipment at ($17.3 billion (10.8%).

   Manufacturers comprise the largest sector of foreign-owned companies with US affiliates, employing
   208.4 million workers in 2017. Also, manufacturing jobs have a large employment multiplier effect.
   According to the Milken Institute, each manufacturing job supports roughly 2.9 other jobs in the
   state's economy overall. In some specialized manufacturing sectors, such as electronics and computer
   manufacturing, the multiplier effect is as high as 16 to 1. One of the reasons for the large multiplier
                                                                                                                               AB 1036
                                                                                                                               Page 12

   effect is the extended supply chains that are needed to support manufacturing and the export of goods,
   which include many small businesses and logistic companies.

4) Manufacturing in the Future: Employment Development Department currently projects that,
   between 2016 and 2026, total employment in California will rise by 16.3%, with total employment in
   the manufacturing sector in California rising by only 0.1%, as shown in Chart 2 below.
                                Chart 2 – Net Employment Growth in California
                                                        Estimated
                          Annual Average
                                                      Employment in              Numerical Change             Percent Change
                         Employment 2016
                                                          2026
     Total
                             18,089,600                  20,022,700                    1,933,100                    10.7%
     Employment
     Manufacturing            1,311,200                   1,312,500                      1,300                       0.1%
                        Source: “Projections of Employment by Industry and Occupation, Long-Term (Ten Years) Projections,” EDD, 2018

   While the aggregate employment growth is low, some subsectors are anticipated to have more
   significant increases, including motor vehicle manufacturing (103.1%) and industrial machinery
   manufacturing (12.6%). Chart 3 provides a more detailed look at selected job growth in the
   manufacturing sector.
                            Chart 3 – Selected Net Job Growth in Manufacturing
                                                       Annual
                                                                           Estimated
                                                      Average                                    Numerical            Percent
                                                                          Employment
                                                     Employment                                   Change              Change
                                                                            in 2026
                                                         2016
    Manufacturing                                     1,311,200             1,312,500               1,300               0.1%
    Durable Goods Manufacturing                        820,800               829,500                8,700               1.1%
    Wood Product Manufacturing                          23,800                25,400                1,600               6.7%
    Other Wood Product Manufacturing                    16,800                18,000                1,200               7.1%
    Primary Metal Manufacturing                         17,300                15,200               -2,100             -12.1%
    Fabricated Metal Product Manufacturing             130,500               126,500               -4,000              -3.1%
    Machinery Manufacturing                             74,200                75,000                 800                1.1%
    Motor Vehicle Manufacturing                         9,600                 19,500                9,900             103.1%
    Aerospace Product and Parts Manufacturing           76,600                75,100               -1,500              -2.0%
    Ship and Boat Building                              9,400                  8,000               -1,400             -14.9%
    Furniture and Related Product
                                                         35,800               34,800               -1,000              -2.8%
    Manufacturing
    Medical Equipment and Supplies
                                                         52,600               56,300               3,700                7.0%
    Manufacturing
    Nondurable Goods Manufacturing                      490,400              483,000               -7,400              -1.5%
    Food Manufacturing                                  160,500              166,600                6,100               3.8%
    Beverage and Tobacco Product
                                                         57,500               69,300               11,800              20.5%
    Manufacturing
    Apparel Manufacturing                                47,700               37,200              -10,500              -22.0%
    Paper Manufacturing                                  22,000               20,400               -1,600               -7.3%
    Petroleum and Coal Products
                                                         13,900               12,400               -1,500              -10.8%
    Manufacturing
    Chemical Manufacturing                               84,400               85,800               1,400                1.7%
    Pharmaceutical and Medicine
                                                         51,400               54,000               2,600                5.1%
    Manufacturing
    Plastics and Rubber Products
                                                         44,500               41,200               -3,300              -7.4%
    Manufacturing
                                                                                                    AB 1036
                                                                                                    Page 13

5) Background on the IBank: The IBank was established in 1994 to finance public infrastructure and
   private development that promotes a healthy climate for jobs, contributes to a strong economy, and
   improves the quality of life in California communities. Housed within GO-Biz, it is governed by a
   five-member board of directors comprised of the Director of GO-Biz (chair), the State Treasurer, the
   Director of the Department of Finance, the Secretary of the Transportation Agency, and an appointee
   of the Governor. The day-to-day operations of the IBank are directed by the Executive Director who
   is an appointee of the Governor and is subject to confirmation by the California State Senate.

   The IBank is essentially self-funded receiving minimal General Fund support. The IBank uses the
   fees, interest income and other revenues that derive from its public and private sector financing
   activities, as the foundation of its operations budget. State contracts to small business financial
   development corporations (FDCs) are supported through an annual General Fund appropriation of $1
   to $2 million.

   The IBank administers five core programs:
      The Infrastructure State Revolving Fund (ISRF), which provides direct low-cost financing for
       public infrastructure projects and economic development facilities.
      The Bond Financing Program, which provides tax-exempt and taxable bond financing for
       manufacturing companies, public benefit nonprofit organizations, public agencies and other
       eligible entities.
      The California Small Business Finance Center, which assists small businesses access private
       financing through loan guarantees, direct loans, and performance bond guarantees.
      The California Lending for Energy and Environmental Needs Center or CLEEN Center, which
       provides financing for environment-related projects to municipal governments, public universities,
       schools, and hospitals (MUSH).
      The Climate Catalyst Revolving Loan Fund, which is available to receive funds from non-state
       governmental entities and private sources for the purpose of financing climate catalyst projects
       that further the state’s climate goals. Operationally, the Strategic Growth Council sets the non-
       financial program requirements and the IBank serves as the bank. Categories of projects are set by
       the Legislature in consultation with the Strategic Growth Council.

   Since its inception, the IBank has loaned, financed, or participated in over $40 billion in infrastructure
   and economic expansion projects, including $434.8 million in industrial development bonds. This
   includes over $822 million to local and state agencies, developing a high-level of expertise in the
   financing of public infrastructure.

   The IBank also serves as the state's only general-purpose financing authority with broad statutory
   powers to issue revenue bonds, make loans, and provide guarantees. There is no pledge of IBank or
   state general funds for any of the conduit revenue bonds. Over $8 billion in conduit revenue bonds
   have been issued by the IBank since 2015, including $2 billion in green and clean water projects.

   In November 2020, the IBank issued its annual report for the 2019-20 fiscal year. Among other
   activities, the IBank issued more than $880 million through 10 bonds, including two green bonds.
   Even working remotely due to COVID-19, the IBank was able to continue issuing bonds. The chart
   below summaries key aspects of the IBank’s activities in 2019-20.
                                                                                                                   AB 1036
                                                                                                                   Page 14

                                                  2019-20 IBank Activities
                                       Financing Financing                       Amount            Amount
           IBank Program                                          Jobs(*)                                        Leverage
                                       Approved       Closed                    Approved            Closed
   ISRF Loans                              2             1            0      $24,300,000        $143,300,000   $0
   CLEEN Loans                             0             0            0      $0                 $0             $0
   Subtotals                               2             1            0      $24,300,000        $14,300,000    0
   Industrial Development Bonds            0             0            0      $0                 $0             $0
   501(c) (3) Bonds                        10            9          845      $1,251,370,000 $607,967,259       $8,772,667
   Public Agency Revenue Bonds             1             1         2,303     $350,000,000       $272,605,000   $0
   Exempt Facility Bonds                   1             0            0      $3,250,000,000 $0                 $0
   ISRF Program Bonds                      0             0            0      $0                 $0             $0
   Subtotals                               12           10         3148      $4,851,370,000 $880,572,259       $8,772,667
   Fiscal Year Totals                      14           11         3148      4,875,670,000      $894,872,259   $8,772,667
   *Jobs include the total number full and part-time jobs, including constriction, as reported by borrowers.
                                                                                           Source: IBank 2019-20 Annual Report


   The IBank estimated that, since its inception, it has supported the creation and retention of over
   462,000 jobs. This includes over 23,000 from the ISRF program, 41,000 from bond financing
   activities, and 398,000 through the Small Business Finance Center.

6) Related Legislation: Below is a list of bills from the current and prior sessions.
   a) AB 245 (Muratsuchi) California Aerospace and Aviation Commission: This bill would have
      enacted the California Aerospace and Aviation Act of 2019, which establishes a 15-member
      California Aerospace and Aviation Commission (Commission) for the purpose of serving as a
      central point of contact for related industries and supporting the health and competitiveness of
      these industries in California. The Commission is placed within the administrative control of the
      Governor’s Office of Business and Economic Development. Authority for the operation of the
      Commission sunsets on January 1, 2025. Status: Held without action in in the Senate Committee
      on Governmental Organization, 2020.
   b) AB 538 (Muratsuchi) California Aerospace and Aviation Commission: This bill enacts the
      California Aerospace Act of 2021, which establishes the California Aerospace and Aviation
      Commission (Commission) for the purpose of serving as a central point of contact for related
      industries and supporting the health and competitiveness of these industries in California. The
      Commission is placed within the administrative control of the Governor’s Office of Business and
      Economic Development. Authority for the operation of the Commission sunsets on January 1,
      2026. Status: Pending in the Assembly Committee on Jobs, Economic Development, and the
      Economy.

   c) AB 755 (E. Garcia) Capital Investment Incentive Program: This bill extended the authorization
      for cities and counties to establish a Capital Investment Incentive Program from January 1, 2018,
      to January 1, 2019. Existing law authorized a local government to offer a partial property tax
      abatement incentive for qualified manufacturing facilities for assessed property taxes. In order to
      qualify for the partial tax abatement, the manufacturer is required to have made an investment of
      at least $150 million. The incentive may only be offered after the proponent and the local
      government agree to a “Community Services Agreement” that requires the proponent to meet
      certain criteria, such as job creation numbers, wages paid at least to the state average weekly
      wage, and local fees. Should the manufacturer fail to meet these requirements, the local
      government is entitled to repayment of any amounts paid. Status: Signed by the Governor,
      Chapter 709, Statutes of 2017.
                                                                                                AB 1036
                                                                                                Page 15

d) AB 894 (V. Manuel Pérez) California Manufacturing Competitiveness Act of 2011: This bill
   would have authorized the establishment of a loan and loan guarantee program, administered
   through the California Industrial Development Financing Advisory Commission, for the purpose
   of financing the retooling and expansion of California's manufacturing facilities, enhancing the
   state's logistics network, and retaining and creating jobs. Status: Vetoed by the Governor, 2011.
   The veto message states: "This bill creates the California Manufacturing Competitiveness Loan
   and Loan Guarantee Program to be administered by an advisory commission within the State
   Treasurer's office. The objectives of this bill are excellent. However, the loan programs it creates
   can be run by the state's Infrastructure Bank, which already has authority and experience lending
   directly to businesses."
e) AB 1027 (Burke) California Competes Tax Credit and Private Ownership Share Agreements:
   This bill would have authorized a taxpayer to offer the state an ownership interest in the taxpayer’s
   business as part of the California Competes Tax Credit application process, and allowed the
   Governor’s Office of Business and Economic Development to consider the amount of ownership
   being offered in determining the amount of credit allocated to the taxpayer. If a court had found
   that the state’s ownership interest in a taxpayer’s business to be prohibited by the California
   Constitution, the credit would have been recaptured and unused carryover credit canceled. Status:
   Held in the Senate Committee on Appropriations, 2019.
f) AB 1259 (L. Rivas, Cervantes, E. Garcia) California New Markets Tax Credit: This bill would
   have authorized a New Market Tax Credit for qualified business investments in low-income
   communities beginning in year 2020. The Governor’s Office of Business and Economic
   Development would have been tasked to administer the program. The bill would have authorized
   $100 million to be awarded annually. This was part of the JEDE Chair’s four-bill package related
   to Opportunity Zones. Status: Held in the Assembly Committee on Appropriations, 2019.
g) AB 1479 (Cervantes) Opportunity Zone Credit Enhancement: This bill would have established a
   credit enhancement program through the California Infrastructure and Economic Development
   Bank for projects located in an Opportunity Zone that met certain social, economic, and
   environmental criteria, including creating wealth and asset building within the local community.
   This was part of the JEDE Chair’s four-bill package related to Opportunity Zones. Status: Held
   in the Assembly Committee on Appropriations, 2019.
h) AB 1716 (Committee on Jobs, Economic Development, and the Economy) California Competes
   Tax: This bill would have extended the California Competes Tax Credit for five years. The
   Assembly Committee on Jobs, Economic Development, and the Economy was the sponsor of this
   bill. Budget actions supported by JEDE implemented similar provisions as part of the 2017-18
   Budget. Status: Died in the Assembly Committee on Appropriations, 2018.
i) AB 1900 (Brough) Extension of the Capital Investment Incentive Programs: This bill extends
   the Capital Investment Incentive Program (CIIP) from January 1, 2019, to January 1, 2024.
   Existing law authorized a local government to offer a partial property tax abatement incentive for
   qualified manufacturing facilities for assessed property taxes. In order to qualify for the partial tax
   abatement, the manufacturer is required to have made an investment of at least $150 million. The
   incentive may only be offered after the proponent and the local government agree to a
   “Community Services Agreement” that requires the proponent to meet certain criteria, such as job
   creation numbers, wages paid at least to the state average weekly wage, and local fees. Should the
   manufacturer fail to meet these requirements, the local government is entitled to repayment of any
   amounts paid. Status: Signed by the Governor, Chapter 382, Statutes of 2018.
                                                                                                 AB 1036
                                                                                                 Page 16

   j) AB 2437 (V. Manuel Pérez) California Manufacturing Competitiveness Act of 2010: This bill
      would have authorized the establishment of the California Manufacturing Competitiveness Act of
      2010 for the purpose of supporting the retooling and expansion of California's manufacturing
      facilities, enhancing the state's logistics network, and retaining and creating jobs. Status: Vetoed
      by the Governor, 2010. The veto message states: "While I am supportive of providing California's
      manufacturers with greater borrowing opportunities to make capital investments, I believe the
      proper location of this economic development program is in the Governor's Office of Economic
      Development. In addition, this bill would create new higher costs to employers as a result of the
      prevailing wage requirements on projects financed under this bill."
   k) AB 3307 (E. Garcia and Cervantes) California Manufacturing Emergency Preparedness Act of
      2020: This bill would have expanded the business assistance tools available to the Governor
      under a state of emergency by establishing the California Manufacturing Disaster Loan and Loan
      Guarantee Program (Disaster Program) for the purpose of attracting, retaining, retooling,
      establishing, and expanding manufacturing and logistic capacity in the state. Status: Held in the
      Senate Appropriations Committee, 2020.
   l) SB 1293 (Allen) Sea Level Rise Loan Program: This bill would have created the Sea Level Rise
      Revolving Loan Program within the I-Bank to provide low-interest loans to local jurisdictions for
      the purchase of coastal properties in their jurisdictions identified as vulnerable coastal property.
      The bill would have required the California Coastal Commission, before January 1, 2022, in
      consultation with the California Coastal Commission, the State Lands Commission, and any other
      applicable state, federal, and local entities with relevant jurisdiction and expertise, to determine
      criteria and guidelines for the identification of vulnerable coastal properties eligible for
      participation in the program. Status: Held in the Senate Committee on Rules, 2020.

REGISTERED SUPPORT / OPPOSITION:

Support
California Edge Coalition
California Manufacturers and Technology Association
Opposition
None on File

Analysis Prepared by: Toni Symonds / J., E.D., & E. / (916) 319-2090


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