2005 California Government Code Sections 7070-7089 CHAPTER 12.8. ENTERPRISE ZONE ACT

7070.  This chapter shall be known and may be cited as the
Enterprise Zone Act.
7071.  The Legislature finds and declares as follows:
   (a) The health, safety, and welfare of the people of California
depend upon the development, stability, and expansion of private
business, industry, and commerce, and there are certain areas within
the state that are economically depressed due to a lack of investment
in the private sector. Therefore, it is declared to be the purpose
of this chapter to stimulate business and industrial growth in the
depressed areas of the state by relaxing regulatory controls that
impede private investment.
   (b) It is in the economic interest of the state to have one
strong, combined, and business-friendly incentive program to help
attract business and industry to the state, to help retain and expand
existing state business and industry, and to create increased job
opportunities for all Californians.
   (c) No enterprise zone shall be designated in which any boundary
thereof is drawn in a manner so as to include larger stable
businesses or heavily residential areas to the detriment of areas
that are truly economically depressed.
   (d) Nothing in this chapter shall be construed to infringe upon
regulations relating to the civil rights, equal employment rights,
equal opportunity rights, or fair housing rights of any person.
7072.  For purposes of this chapter, the following definitions shall
apply:
   (a) "Department" means the Department of Housing and Community
Development.
   (b) "Date of original designation" means the earlier of the
following:
   (1) The date the eligible area receives designation as an
enterprise zone by the department pursuant to this chapter.
   (2) In the case of an enterprise zone deemed designated pursuant
to subdivision (e) of Section 7073, the date the enterprise zone or
program area received original designation by the former Trade and
Commerce Agency pursuant to Chapter 12.8 (commencing with Section
7070) or Chapter 12.9 (commencing with Section 7080), as those
chapters read prior to January 1, 1997.
   (c) "Eligible area" means any of the following:
   (1) An area designated as an enterprise zone pursuant to Chapter
12.8 (commencing with Section 7070), as it read prior to January 1,
1997, or as a targeted economic development area, neighborhood
development area, or program area pursuant to Chapter 12.9
(commencing with Section 7080), as it read prior to January 1, 1997.
   (2) A geographic area that, based upon the determination of the
department, fulfills at least one of the following criteria:
   (A) The proposed geographic area meets the Urban Development
Action Grant criteria of the United States Department of Housing and
Urban Development.
   (B) The area within the proposed zone has experienced plant
closures within the past two years affecting more than 100 workers.
   (C) The city or county has submitted material to the department
for a finding that the proposed geographic area meets criteria of
economic distress related to those used in determining eligibility
under the Urban Development Action Grant Program and is therefore an
eligible area.
   (D) The area within the proposed zone has a history of
gang-related activity, whether or not crimes of violence have been
committed.
   (3) A geographic area that meets at least two of the following
criteria:
   (A) The census tracts within the proposed zone have an
unemployment rate not less than 3 percentage points above the
statewide average for the most recent calendar year as determined by
the Employment Development Department.
   (B) The county of the proposed zone has more than 70 percent of
the children enrolled in public school participating in the federal
free lunch program.
   (C) The median household income for a family of four within the
census tracts of the proposed zone does not exceed 80 percent of the
statewide median income for the most recently available calendar
year.
   (d) "Enterprise zone" means any area within a city, county, or
city and county that is designated as such by the department in
accordance with Section 7073.
   (e) "Governing body" means a county board of supervisors or a city
council, as appropriate.
   (f) "High technology industries" includes, but is not limited to,
the computer, biological engineering, electronics, and
telecommunications industries.
   (g) "Resident," unless otherwise defined, means a person whose
principal place of residence is within a targeted employment area.
   (h) "Targeted employment area" means an area within a city,
county, or city and county that is composed solely of those census
tracts designated by the United States Department of Housing and
Urban Development as having at least 51 percent of its residents of
low- or moderate-income levels, using either the most recent United
States Department of Census data available at the time of the
original enterprise zone application or the most recent census data
available at the time the targeted employment area is designated to
determine that eligibility. The purpose of a "targeted employment
area" is to encourage businesses in an enterprise zone to hire
eligible residents of certain geographic areas within a city, county,
or city and county. A targeted employment area may be, but is not
required to be, the same as all or part of an enterprise zone. A
targeted employment area's boundaries need not be contiguous. A
targeted employment area does not need to encompass each eligible
census tract within a city, county, or city and county. The governing
body of each city, county, or city and county that has jurisdiction
of the enterprise zone shall identify those census tracts whose
residents are in the most need of this employment targeting. Only
those census tracts within the jurisdiction of the city, county, or
city and county that has jurisdiction of the enterprise zone may be
included in a targeted employment area.
   At least a part of each eligible census tract within a targeted
employment area shall be within the territorial jurisdiction of the
city, county, or city and county that has jurisdiction for an
enterprise zone. If an eligible census tract encompasses the
territorial jurisdiction of two or more local governmental entities,
all of those entities shall be a party to the designation of a
targeted employment area. However, any one or more of those entities,
by resolution or ordinance, may specify that it shall not
participate in the application as an applicant, but shall agree to
complete all actions stated within the application that apply to its
jurisdiction, if the area is designated.
   Each local governmental entity of each city, county, or city and
county that has jurisdiction of an enterprise zone shall approve, by
resolution or ordinance, the boundaries of its targeted employment
area, regardless of whether a census tract within the proposed
targeted employment area is outside the jurisdiction of the local
governmental entity.
7072.5.  By April 1, 1998, a governing body that has already
designated a target employment area may request, by a resolution of
all cities or counties having jurisdiction over the enterprise zone,
to redesignate the targeted employment area using more current census
data.  A targeted employment area shall be comprised of census
tracts from only one decennial census.
7073.  (a) Except as provided in subdivision (e), any city, county,
or city and county with an eligible area within its jurisdiction may
complete a preliminary application for designation as an enterprise
zone.  The applying entity shall establish definitive boundaries for
the proposed enterprise zone and the targeted employment area.
   (b) (1) In designating enterprise zones, the department shall
select from the applications submitted those proposed enterprise
zones that, upon a comparison of all of the applications submitted,
indicate that they propose the most effective, innovative, and
comprehensive regulatory, tax, program, and other incentives in
attracting private sector investment in the zone proposed.
   (2) For purposes of this subdivision, regulatory incentives
include, but are not limited to, all of the following:
   (A) The suspension or relaxation of locally originated or modified
building codes, zoning laws, general development plans, or rent
controls.
   (B) The elimination or reduction of fees for applications,
permits, and local government services.
   (C) The establishment of a streamlined permit process.
   (3) For purposes of this subdivision, tax incentives include, but
are not limited to, the elimination or reduction of construction
taxes or business license taxes.
   (4) For the purposes of this subdivision, program and other
incentives may include, but are not limited to, all of the following:
   (A) The provision or expansion of infrastructure.
   (B) The targeting of federal block grant moneys, including small
cities, education, and health and welfare block grants.
   (C) The targeting of economic development grants and loan moneys,
including grant and loan moneys provided by the federal Urban
Development Action Grant program and the federal Economic Development
Administration.
   (D) The targeting of state and federal job disadvantaged and
vocational education grant moneys, including moneys provided by the
federal Job Training Partnership Act of 1982 (Public Law 97-300).
   (E) The targeting of federal or state transportation grant moneys.
   (F) The targeting of federal or state low-income housing and
rental assistance moneys.
   (G) The use of tax allocation bonds, special assessment bonds,
bonds under the Mello-Roos Community Facilities Act of 1982 (Chapter
2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title
5), industrial development bonds, revenue bonds, private activity
bonds, housing bonds, bonds issued pursuant to the Marks-Roos Local
Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of
Chapter 5), certificates of participation, hospital bonds,
redevelopment bonds, school bonds, and all special provisions
provided for under federal tax law for enterprise community or
empowerment zone bonds.
   (5) In the process of designating new enterprise zones, the
department shall take into consideration the location of existing
zones and make every effort to locate new zones in a manner that will
not adversely affect any existing zones.
   (6) In designating new enterprise zones, the department shall
include in its criteria the fact that jurisdictions have been
declared disaster areas by the President of the United States within
the last seven years.
   (7) When reviewing and ranking new enterprise zone applications,
the department shall give special consideration or bonus points, or
both, to applications from jurisdictions that meet at least two of
the following criteria:
   (A) The percentage of households within the census tracts of the
proposed enterprise zone area, the income of which is below the
poverty level, is at least 17.5 percent.
   (B) The average unemployment rate for the census tracts of the
proposed enterprise zone area was not less than five percentage
points above the statewide average for the most recent calendar year
as determined by the Employment Development Department.
   (C) The applicant jurisdiction has, and can document that it has,
a unique distress factor affecting long-term economic development,
including, but not limited to, resource depletion, plant closure,
industry recession, natural disaster, or military base closure.
   (c) In evaluating applications for designation, the department
shall ensure that applications are not disqualified solely because of
technical deficiencies, and shall provide applicants with an
opportunity to correct the deficiencies.  Applications shall be
disqualified if the deficiencies are not corrected within two weeks.
   (d) (1) Except as provided in paragraph (2), or upon dedesignation
pursuant to subdivision (c) of Section 7076.1 or Section 7076.2, a
designation made by the department shall be binding for a period of
15 years from the date of the original designation.
   (2) The designation period for any zone designated pursuant to
either Section 7073 or 7085 prior to 1990 may total 20 years, subject
to possible dedesignation pursuant to subdivision (c) of Section
7076.1 or Section 7076.2, if the following requirements are met:
   (A) The zone receives a superior or passing audit pursuant to
subdivision (c) of Section 7076.1.
   (B) The local jurisdictions comprising the zone submit an updated
economic development plan to the department justifying the need for
an additional five years by defining goals and objectives that still
need to be achieved and indicating what actions are to be taken to
achieve these goals and objectives.
   (e) (1) Notwithstanding any other provision of law, any area
designated as an enterprise zone pursuant to Chapter 12.8 (commencing
with Section 7070) as it read prior to January 1, 1997, or as a
targeted economic development area, neighborhood economic development
area, or program area pursuant to Chapter 12.9 (commencing with
Section 7080) as it read prior to January 1, 1997, or any program
area or part of a program area deemed designated as an enterprise
zone pursuant to Section 7085.5 as it read prior to January 1, 1997,
shall be deemed to be designated as an enterprise zone pursuant to
this chapter.  The effective date of designation of the enterprise
zone shall be that of the original designation of the enterprise zone
pursuant to Chapter 12.8 (commencing with Section 7070) as it read
prior to January 1, 1997, or of the program area pursuant to Chapter
12.9 (commencing with Section 7080) as it read prior to January 1,
1997, and in no event may the total designation period exceed 15
years, except as provided in paragraph (2) of subdivision (d).
   (2) Notwithstanding any other provision of law, any enterprise
zone authorized, but not designated, pursuant to Chapter 12.8
(commencing with Section 7070) as it read prior to January 1, 1997,
shall be allowed to complete the application process started pursuant
to that chapter, and to receive final designation as an enterprise
zone pursuant to this chapter.
   (3) Notwithstanding any other provision of law, any expansion of a
designated enterprise zone or program area authorized pursuant to
Chapter 12.8 (commencing with Section 7070) as it read prior to
January 1, 1997, or Chapter 12.9 (commencing with Section 7080) as it
read prior to January 1, 1997, shall be deemed to be authorized as
an expansion for a designated enterprise zone pursuant to this
chapter.
   (4) No part of this chapter may be construed to require a new
application for designation by an enterprise zone designated pursuant
to Chapter 12.8 (commencing with Section 7070) as it read prior to
January 1, 1997, or a targeted economic development area,
neighborhood economic development area, or program area designated
pursuant to Chapter 12.9 (commencing with Section 7080) as it read
prior to January 1, 1997.
   (f) Notwithstanding any other provision of law, a city, county, or
a city and county may designate a joint powers authority to
administer the enterprise zone.
   (g) No more than 42 enterprise zones may be designated at any one
time pursuant to this chapter, including those deemed designated
pursuant to subdivision (e).  Upon the expiration or termination of a
designation, the department is authorized to designate another
enterprise zone to maintain a total of 42 enterprise zones.
7073.8.  (a) The department shall designate up to two Manufacturing
Enhancement Areas, as defined by Section 17053.47 of the Revenue and
Taxation Code, requested by the governing boards of cities each of
which shall meet at least the following criteria:
   (1) The unemployment rate in the county in which the applicant is
located has been at least three times the state average from 1990 to
1995, inclusive.
   (2) The applicant city is, or portions of the city are, designated
a federal enterprise community or empowerment zone pursuant to
Subchapter U (commencing with Section 1391) of Chapter 1 of Subtitle
A of Title 26 of the United States Code.
   (3) The applicant city is located in a Border Environment
Cooperation Commission region as specified in Section 3473 of Title
19 of the United States Code.
   (4) At least one of the following:
   (A) The designated area has grown by less than 5 percent in
population per year for each of the two years preceding the
application date.
   (B) The median household income for the designated area is under
twenty-five thousand dollars ($25,000) per year.
   (C) The designated area has a population of under 20,000 persons
according to the 1990 federal census.
   (D) The designated area is located in a rural community.
   (5) An audit of the program shall be made at the end of the 5th
and 10th year of its operation by the department with the cooperation
of the local governing board.  The audit shall be used to determine
how effective the designation has been in attracting manufacturing
facilities and creating new employment opportunities.  Continuation
of the designation is contingent on evidence of success of the
program.
   (b) For purposes of applying any provision of the Revenue and
Taxation Code, any Manufacturing Enhancement Area designated pursuant
to this section shall not be considered an enterprise zone
designated pursuant to this chapter.
   (c) The designation as a Manufacturing Enhancement Area pursuant
to this section shall be binding for a period of 15 years, commencing
January 1, 1998.
7073.9.  Upon approval by the department of an application by a
city, county, or city and county, a manufacturing enhancement area in
Imperial County is expanded to the extent proposed, but in no event
by more than a 200-acre site that is located in Imperial County and
used for purposes of those lines of business described in Codes 2011
to 3999, inclusive, of the Standard Industrial Classification (SIC)
Manual published by the United States Office of Management and
Budget, 1987 edition, to include definitive boundaries that are
contiguous to the manufacturing enhancement area.  The department
shall approve an application for expansion of the manufacturing
enhancement area if it determines that the proposed additional
territory meets the criteria specified in Section 7073.8 to the same
extent as the existing territory of the manufacturing area and if all
of the following conditions are met:
   (a) The governing body of each city in which the manufacturing
enhancement is located approves an ordinance or resolution approving
the proposed expansion of that area.
   (b) The additional territory proposed to be added to the
manufacturing enhancement area is zoned for industrial or commercial
use.
   (c) Basic infrastructure, including, but not limited to, gas,
water, electrical service, and sewer systems is available to the
additional territory proposed to be added to the manufacturing
enhancement area.
7074.  (a) In the case of any enterprise zone, including an
enterprise zone formerly designated as an enterprise zone pursuant to
Chapter 12.8 (commencing with Section 7070) as it read prior to
January 1, 1997, or as a program area pursuant to Chapter 12.9
(commencing with Section 7080) as it read prior to January 1, 1997, a
city, county, or city and county may propose that the enterprise
zone be expanded by 15 percent to include definitive boundaries that
are contiguous to the enterprise zone.
   (b) The department may approve an enterprise zone expansion
proposed pursuant to this section based on the following criteria:
   (1) Each of the adjacent jurisdictions' governing bodies approves
the expansion by adoption of an ordinance or resolution.
   (2) Land included within the proposed expansion is zoned for
industrial or commercial use.
   (3) Basic infrastructure, including, but not limited to, gas,
water, electrical service, and sewer systems, is available to the
area that would be included in the expansion.
   (c) An enterprise zone may propose to use an eligible expansion
allotment to expand into an adjacent jurisdiction pursuant to this
section if the department finds that all of the following conditions
exist:
   (1) The governing body of the local agency with jurisdiction over
the existing enterprise zone and the governing body of the local
agency with jurisdiction over the proposed expansion area each
approve the expansion by adoption of an ordinance or resolution.  The
ordinance or resolution by the jurisdiction containing the proposed
expansion area shall indicate that the jurisdiction will provide the
same or equivalent local incentives as provided by the jurisdiction
of the existing enterprise zone.
   (2) (A) Land included within the proposed expansion is zoned for
industrial or commercial use.
   (B) An expansion area may contain noncommercial or nonindustrial
land only if that land is a right-of-way and is needed to meet the
requirement for a contiguous expansion between an existing enterprise
zone and a proposed expansion area.
   (3) Basic infrastructure, including, but not limited to, gas,
water, electrical service, and sewer systems, is available to the
area that would be included in the expansion.
   (4) The expansion area is contiguous to the existing enterprise
zone.
   (d) (1) Except as otherwise provided in paragraph (2), in no event
shall an enterprise zone be permitted to expand more than 15 percent
in size from its size on the date of original designation, including
any expansion authorized pursuant to Chapter 12.8 (commencing with
Section 7070), or Chapter 12.9 (commencing with Section 7080), as
those chapters read prior to January 1, 1997.
   (2) If an enterprise zone, on the date of original designation, is
no greater than 13 square miles, it may be permitted to expand up to
20 percent in size from its size on the date of original
designation.
7074.5.  In the case of the Counties of Fresno and Kern, an
enterprise zone that is located in a city or in the unincorporated
area of the county may propose to use eligible expansion allotment to
expand into an adjacent city or cities, or an adjacent
unincorporated area of the county, subject to the conditions
specified in Section 7074.
7075.  (a) Upon filing a preliminary application, the applicant, as
lead agency, shall submit an initial study and a notice of
preparation to the department, the state clearinghouse, and all
responsible agencies.
   (b) Only a city, county, or city and county chosen by the
department as a final applicant shall prepare, or cause to be
prepared, a draft environmental impact report, which shall set forth
the potential environmental impacts of any and all development
planned within the enterprise zone.  The draft environmental impact
report shall be submitted to the department with the final
application.
   (c) Prior to final designation by the department, the applicant
shall complete and certify the final environmental impact report.
   (d) The environmental impact report shall comply with the
information disclosure provisions and the substantive requirements of
Division 13 (commencing with Section 21000) of the Public Resources
Code.
   (e) No further environmental impact report shall be required if
the effects of the project were any of the following:
   (1) Mitigated or avoided as a result of the environmental impact
report prepared for the area.
   (2) Examined at a sufficient level of detail in the environmental
impact report for the area to enable those effects to be mitigated or
avoided by specific site revisions, the imposition of conditions, or
other means in connection with the designation of the area.
   (3) Identified in the final environmental impact report and the
lead agency made written findings that specific economic, social, or
other considerations made the mitigation measures or project
alternatives identified in the final environmental impact report
unfeasible.
7076.  (a) (1) The department shall provide technical assistance to
the enterprise zones designated pursuant to this chapter with respect
to all of the following activities:
   (A) Furnish limited onsite assistance to the enterprise zones when
appropriate.
   (B) Ensure that the locality has developed a method to make
residents, businesses, and neighborhood organizations aware of the
opportunities to participate in the program.
   (C) Help the locality develop a marketing program for the
enterprise zone.
   (D) Coordinate activities of other state agencies regarding the
enterprise zones.
   (E) Monitor the progress of the program.
   (F) Help businesses to participate in the program.
   (2) Notwithstanding existing law, the provision of services in
subparagraphs (A) to (F), inclusive, shall be a high priority of the
department.
   (3) The department may, at its discretion, undertake other
activities in providing management and technical assistance for
successful implementation of this chapter.
   (b) The applicant shall be required to begin implementation of the
enterprise zone plan contained in the final application within six
months after notification of final designation or the enterprise zone
shall lose its designation.
   (c) The department may establish, charge, and collect a fee as
reimbursement for the costs of its administration of this chapter.
The department shall assess each enterprise zone a fee of not more
than ten dollars ($10) for each application it accepts for issuance
of a certificate pursuant to subdivision (c) of Section 17053.74 of
the Revenue and Taxation Code and subdivision (c) of Section 23622.7
of the Revenue and Taxation Code. The enterprise zone administrator
may collect this fee at the time it accepts an application for
issuance of a certificate. This subdivision shall become inoperative
on January 1, 2007, and shall have no force or effect on or after
that date.
   (d) Any fee assessed and collected pursuant to subdivision (c)
shall be refundable if the certificate issued by the local government
pursuant to subdivision (c) of Section 17053.74 of the Revenue and
Taxation Code and subdivision (c) of Section 23622.7 of the Revenue
and Taxation Code is not accepted by the Franchise Tax Board.
7076.1.  (a) The department may audit the program of any
jurisdiction in any designated zone at any time during the duration
of the designation, as appropriate, or at least every five years from
the date of designation or the operative date of this section,
whichever is the latest.  The matters to be examined in the course of
an audit shall include an examination of the progress made by the
zone toward meeting the goals, objectives, and commitments set forth
in its original application and the department's memorandum of
understanding with the zone.
   (b) The department shall, for each audit, determine a result of
superior, pass, or fail in accordance with subdivision (c).  The
results of each audit shall be based upon the success of the zone in
making substantial and sustained efforts since the later of its
designation or last audit to meet the standards, criteria, and
conditions contained in the application and the memorandum of
understanding (MOU) between the department and the zone, as may be
amended pursuant to the agreement of the zone and the department.  In
each audit, the department shall focus upon the zone's use of the
marketing plan, local incentives, financing programs, job
development, and program management as described in the application
and the MOU.  The department shall also evaluate the vouchering plan,
zone staff levels, zone budget, and elements unique to each
application.
   (c) For purposes of subdivision (b), an audit determination of
superior, pass, or fail shall be made in accordance with the
following:
   (1) A zone will be determined to be superior if each jurisdiction
comprising the zone does all of the following:
   (A) Meets 100 percent of its goals, objectives, and commitments as
defined in its application or most recent audit, and as determined
by the department in consultation with the zone.  An equivalent or
similar commitment may be substituted for an existing commitment of a
zone if it is determined by the department that an original
commitment was not realistically practical or is no longer relevant.
   (B) Demonstrates that it has reviewed and updated its goals,
objectives, and commitments as defined in its original application or
most recent audit.
   (C) Identifies to the department's satisfaction that it has
incorporated economic development commitments in addition to those
commitments previously made in its application.
   (2) (A) A zone will be determined to be passing if each
jurisdiction comprising the zone meets or exceeds 75 percent of its
goals, objectives, or commitments as defined in its original
application or audit, and as determined by the department in
consultation with the zone.  An equivalent or similar commitment may
be substituted for an existing commitment of a zone if it is
determined by the department that an original commitment was not
realistically practical or is no longer relevant.
   (B) Any zone that is determined to be passing may appeal in
writing to the department for a determination of superior.  Only one
appeal may be filed pursuant to this subparagraph with respect to a
determination by the department, and may be filed no later than 30
days after the zone's receipt of the determination to which the
appeal pertains.  The department shall respond in writing to any
appeal that is properly filed pursuant to this subparagraph within 60
days of the date of that filing.
   (3) (A) A zone will be determined to be failing if any
jurisdiction comprising the zone fails to meet or exceed 75 percent
of its goals, objectives, or commitments as defined in its original
application or audit, and as determined by the department in
consultation with the zone.  An equivalent or similar commitment may
be substituted for an existing commitment of a zone if it is
determined by the department that an original commitment was not
realistically practical or is no longer relevant.
   (B) Any zone that is determined to be failing shall enter into a
written agreement with the department that specifies those items that
the zone is required to remedy or improve.  Failure of the zone and
the department to negotiate and enter into a written agreement as so
described within 60 days of the last day upon which the department is
required to deliver a response letter pursuant to subparagraph (C)
shall result in the dedesignation of the zone on January 1
immediately following the department's written notice of
dedesignation to the zone.  A written agreement entered into pursuant
to this subparagraph shall be for a six-month period.  If, upon the
expiration of the agreement, the department determines that the zone
has not met or implemented at least 75 percent of the conditions set
forth in the agreement, the department shall, after immediately
providing written notification to each jurisdiction comprising the
zone that the zone is to be dedesignated, dedesignate the zone
effective on the first day of the month next following the date upon
which the agreement expired.  If, upon expiration of the agreement,
the department determines that the zone has met or implemented at
least 75 percent of the conditions set forth in the agreement, the
department shall do either of the following:
   (i) Allow the zone an additional year, or a longer period in the
department's discretion, to meet or implement those conditions in
their entirety.
   (ii) Pursuant to written notice provided immediately to each
jurisdiction that comprises the zone that the zone is to be
dedesignated, dedesignate the zone effective on January 1 immediately
following the date of the department's written notification of
dedesignation to those jurisdictions.
   Any business, located within any jurisdiction that comprises a
zone that has been dedesignated, that has elected to avail itself of
any state tax incentive specifically applicable to a zone for any
taxable or income year beginning prior to the dedesignation of the
zone may, to the extent the business is otherwise still eligible for
those incentives, continue to avail itself of those incentives for a
period equal to the remaining life of the zone.  However, any
business, located within any jurisdiction that comprises a zone that
has been dedesignated, that has not availed itself of any state tax
incentive in the manner described in the preceding sentence may not,
after dedesignation of the zone, avail itself of any state incentive
specifically applicable to a zone.
   (d) (1) For purposes of this section, "dedesignation" means that a
zone is no longer a zone for purposes of either Section 7073 or
7085.
   (2) Upon notification by the department of the dedesignation of a
zone and the end of the appeal period with respect to that
dedesignation, the department shall initiate an application process
for a new designation as provided in Section 7073.
7076.2.  (a) The department shall dedesignate a zone on the first
day of the month immediately following the date upon which the
department has received from each jurisdiction comprising the zone a
resolution, adopted by the governing body of that jurisdiction,
requesting the dedesignation of the zone. Upon the dedesignation of a
zone pursuant to this subdivision, the department shall initiate an
application process for a new designation as provided in Section
7073.
   (b) The department shall exclude from a zone that portion of that
zone that is located within a jurisdiction on the first day of the
month immediately following the date upon which the department
receives from that jurisdiction a resolution, adopted by the
governing body of that jurisdiction, requesting that exclusion. Any
jurisdiction that provides notice to the department pursuant to this
subdivision shall concurrently provide a copy of that notice to all
other jurisdictions that comprise the affected zone.
   (c) Any business, located within any jurisdiction that comprises a
zone that has been dedesignated or within a jurisdiction that has
excluded itself from a zone, that has elected to avail itself of any
state tax incentive specifically applicable to a zone for any taxable
or income year beginning prior to the dedesignation of the zone or
the exclusion of a jurisdiction comprising the zone may, to the
extent the business is still otherwise eligible for those incentives,
continue to avail itself of those incentives for a period equal to
the remaining life of the zone.  However, any business, located
within any jurisdiction that comprises a zone that has been
dedesignated or within a jurisdiction that has excluded itself from a
zone, that has not availed itself of any state tax incentive in the
manner described in the preceding sentence may not, after
dedesignation of the zone, avail itself of any state incentive
specifically applicable to a zone.
   (d) For purposes of this section, "dedesignation" is defined as
set forth in paragraph (1) of subdivision (d) of Section 7076.1.
7077.  Notwithstanding any other provision of law, state and local
agencies may lease land to businesses in a designated enterprise zone
at a price below fair market value, provided that it serves a public
purpose to lease at below fair market value.
7078.  The limitations in Section 91503 on the allowable uses of
proceeds of bonds issued pursuant to Title 10 (commencing with
Section 91500) shall not apply to bonds issued on behalf of any
enterprise zone or any portion of that zone.
7079.  Notwithstanding any other provision of law, the Office of
Small Business shall establish regulations for loans and loan
guarantees administered by the office that give high priority to
businesses in a designated enterprise zone.
7080.  Notwithstanding Sections 32646 and 32647 of the Financial
Code, a high priority in ranking loan applications by the State
Assistance Fund for Energy, California Business and Development
Corporation, shall be given to businesses in a designated enterprise
zone, that are purchasing or providing alternative energy systems.
7081.  Notwithstanding any other provision of state law, and to the
extent permitted by federal law, the Employment Development
Department and the State Department of Education shall give high
priority to the training of unemployed individuals who reside in a
targeted employment area or a designated enterprise zone.  The
department may assist localities in designating local business,
labor, and education consortia to broker activities between the
employment community and educational and training institutions.  Any
available discretionary funds may be used to assist the creation of
those consortia.
7082.  Notwithstanding any other provision of law, the Office of
Criminal Justice Planning shall give high priority to designated
enterprise zones in the allocation of its program resources.
7083.  Any designation of an enterprise zone in accordance with the
provisions of this chapter shall be deemed appropriate state
designation of an enterprise zone for purposes of qualifying that
zone as an enterprise community or empowerment zone under federal
law.
7084.  (a) Whenever the state prepares a solicitation for a contract
for goods in excess of one hundred thousand dollars ($100,000),
except a contract in which the worksite is fixed by the provisions of
the contract, the state shall award a 5-percent preference to
California-based companies that demonstrate and certify under penalty
of perjury that of the total labor hours required to manufacture the
goods and perform the contract, at least 50 percent of the hours
shall be accomplished at an identified worksite or worksites located
in an enterprise zone.
   (b) In evaluating proposals for contracts for services in excess
of one hundred thousand dollars ($100,000), except a contract in
which the worksite is fixed by the provisions of the contract, the
state shall award a 5-percent preference on the price submitted by
California-based companies that demonstrate and certify under penalty
of perjury that not less than 90 percent of the labor hours required
to perform the contract shall be accomplished at an identified
worksite or worksites located in an enterprise zone.
   (c) Where a bidder complies with subdivision (a) or (b), the state
shall award a 1-percent preference for bidders who certify under
penalty of perjury to hire persons living within a targeted
employment area or are enterprise zone eligible employees equal to 5
to 9 percent of its workforce during the period of contract
performance; a 2-percent preference for bidders who shall agree to
hire persons living within a targeted employment area or are
enterprise zone eligible employees equal to 10 to 14 percent of its
workforce during the period of contract performance; a 3-percent
preference for bidders who shall agree to hire persons living within
a targeted employment area or are enterprise zone eligible employees
equal to 15 to 19 percent of its workforce during the period of
contract performance; and a 4-percent preference for bidders who
shall agree to hire persons living within a targeted employment area
or are enterprise zone eligible employees equal to 20 or more percent
of its workforce during the period of contract performance.
   (d) The maximum preference a bidder may be awarded pursuant to
this chapter and any other provision of law shall be 15 percent.
However, in no case shall the maximum preference cost under this
section exceed fifty thousand dollars ($50,000) for any bid, nor
shall the combined cost of preferences granted pursuant to this
section and any other provision of law exceed one hundred thousand
dollars ($100,000).  In those cases where the 15-percent cumulated
preference cost would exceed the one hundred thousand dollar
($100,000) maximum preference cost limit, the one hundred thousand
dollar ($100,000) maximum preference cost limit shall apply.
   (e) Notwithstanding any other provision of this section, small
business bidders qualified in accordance with Section 14838 shall
have precedence over nonsmall business bidders in that the
application of any bidder preference for which nonsmall business
bidders may be eligible, including the preference contained in this
section, shall not result in the denial of the award to a small
business bidder.  This subdivision shall apply to those cases where
the small business bidder is the lowest responsible bidder, as well
as to those cases where the small business bidder is eligible for
award as the result of application of the 5-percent small business
bidder incentive.
   (f) All state contracts issued to bidders who are awarded
preferences under this section shall contain conditions to ensure
that the contractor performs the contract at the location specified
and meets any commitment to employ persons with high risk of
unemployment.
   (g) (1) A business that requests and is given the preference
provided for in subdivision (a) or (b) by reason of having furnished
a false certification, and that by reason of this certification has
been awarded a contract to which it would not otherwise have been
entitled, shall be subject to all of the following:
   (A) Pay to the state any difference between the contract amount
and what the state's cost would have been if the contract had been
properly awarded.
   (B) In addition to the amount specified in subparagraph (A), be
assessed a penalty in an amount of not more than 10 percent of the
amount of the contract involved.
   (C) Be ineligible to directly or indirectly transact any business
with the state for a period of not less than six months and not more
than 36 months.
   (2) Prior to the imposition of any sanction under this
subdivision, the business shall be entitled to a public hearing and
to five days' notice of the time and place thereof.  The notice shall
state the reasons for the hearing.
   (h) In each instance in this section an enterprise zone shall also
mean any enterprise zone or program area previously authorized under
any other provision of state law.
   (i) As used in this section, "enterprise zone eligible employees"
means employees who meet any of the requirements of clause (iv) of
subparagraph (A) of paragraph (4) of subdivision (b) of Section
17053.74, or clause (iv) of subparagraph (A) of paragraph (4) of
subdivision (b) of Section 23622.5, of the Revenue and Taxation Code.
7085.  (a) Notwithstanding Section 7550.5, the department shall
submit a report to the Legislature every five years beginning January
1, 1998, that evaluates the effect of the program on employment,
investment, and incomes, and on state and local tax revenues in
designated enterprise zones. The report shall include a department
review of the progress and effectiveness of each enterprise zone,
including, but not limited to, any efforts made regarding training of
unemployed individuals pursuant to Section 7081. The Employment
Development Department shall, for the purposes of the report, provide
the department with existing data on unemployed individuals
receiving training. The Franchise Tax Board shall make available to
the department and the Legislature aggregate information on the
dollar value of enterprise zone tax credits that are claimed each
year by businesses.
   (b) An enterprise zone governing body shall provide information at
the request of the department as necessary for the department to
prepare the report required pursuant to subdivision (a).
7085.5.  The Franchise Tax Board shall annually make available to
the department and the Legislature information, by enterprise zone
and by city or county, on the dollar value of the enterprise zone tax
credits that are claimed each year by businesses and shall design
and distribute forms and instructions that will allow the following
information to be accessible:
   (a) The number of jobs for which the hiring credits are claimed.
   (b) The number of new employees for which hiring credits are
claimed.
   (c) The number of businesses claiming each individual tax credit.
   (d) The nature of the business claiming each individual tax
credit.
   (e) The distribution of zone tax incentives among industry groups.
   (f) The distribution of zone tax incentives by the annual receipts
and asset value of the business claiming each individual tax credit.
   (g) Any other information that the Franchise Tax Board and the
department deem to be important in determining the cost to, and
benefit derived by, the taxpayers of the state.
7086.  (a) The department shall design, develop, and make available
the applications and the criteria for selection of enterprise zones
pursuant to Section 7073, and shall adopt all regulations necessary
to carry out this chapter.
   (b) The department shall adopt regulations concerning the
designation procedures and application process as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2.  The adoption of the
regulations shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health and safety, or
general welfare, notwithstanding subdivision (e) of Section 11346.1.
Notwithstanding subdivision (e) of Section 11346.1, the regulations
shall not remain in effect more than 120 days unless the department
complies with all provisions of Chapter 3.5 as required by
subdivision (e) of Section 11346.1.
   (c) The Department of General Services, with the cooperation of
the Employment Development Department, the Department of Industrial
Relations, and the Office of Planning and Research, and under the
direction of the State and Consumer Services Agency, shall adopt
appropriate rules, regulations, and guidelines to implement Section
7084.
   (d) The department shall adopt regulations governing the
imposition and collection of fees pursuant to subdivisions (c) and
(d) of Section 7076, and the issuance of certificates by local
governments pursuant to subdivision (c) of Section 17053.74 of the
Revenue and Taxation Code and subdivision (c) of Section 23622.7 of
the Revenue and Taxation Code.  The regulations shall provide for a
notice or invoice to fee payers as to the amount and purpose of the
fee.  The adoption of the regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare.  Notwithstanding
subdivision (e) of Section 11346.1, the regulations shall remain in
effect for no more that 360 days unless the agency complies with all
the provisions of Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 as required by subdivision (e) of Section
11346.1.
7089.  For purposes of the Revenue and Taxation Code, each of the
following shall apply:
   (a) Enterprise zones designated pursuant to former Chapter 12.8
(commencing with Section 7070), as that chapter read prior to January
1, 1997, shall be deemed to remain in existence for taxable or
income years beginning on or after January 1, 1996, and before
January 1, 1997.
   (b) Program areas designated pursuant to former Chapter 12.9
(commencing with Section 7080), as that chapter read prior to January
1, 1997, shall be deemed to remain in existence for taxable or
income years beginning on or after January 1, 1996, and before
January 1, 1997.
   (c) For taxable or income years beginning on or after January 1,
1996, and before January 1, 1997, a taxpayer conducting business
activities located in an enterprise zone designated pursuant to this
chapter shall be treated as conducting business activities in an
enterprise zone designated pursuant to former Chapter 12.8
(commencing with Section 7070), as that chapter read prior to January
1, 1997, or a program area designated pursuant to former Chapter
12.9 (commencing with Section 7080), as that chapter read prior to
January 1, 1997.
   (d) For taxable or income years beginning on or after January 1,
1997, the carryover of any unused credits or deductions attributable
to a taxpayer's business activities in an enterprise zone designated
pursuant to former Chapter 12.8 (commencing with Section 7070), as
that chapter read prior to January 1, 1997, or a program area
designated pursuant to former Chapter 12.9 (commencing with Section
7080), as that chapter read prior to January 1, 1997, from taxable or
income years beginning prior to January 1, 1997, shall be allowed,
but shall be treated as if earned by a taxpayer or entity engaged in
a trade or business within an enterprise zone designated pursuant to
this chapter.  The amount of carryovers of unused enterprise zone or
program area credits shall not be recomputed under the enterprise
zone tax provisions that become effective for taxable or income years
beginning on or after January 1, 1997.