Bill Text: CA AB628 | 2023-2024 | Regular Session | Introduced
Bill Title: GO-Biz: Made in California Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-06-29 - Ordered to inactive file at the request of Senator Roth. [AB628 Detail]
Download: California-2023-AB628-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 628
| Introduced by Assembly Member Wilson |
February 09, 2023 |
An act to amend Section 12098.10 of the Government Code, relating to economic development.
LEGISLATIVE COUNSEL'S DIGEST
AB 628, as introduced, Wilson.
GO-Biz: Made in California Program.
Existing law establishes the Made in California Program within the Governor’s Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a “Made in U.S.A.” label, as provided.
This bill would remove the requirement that a company establish that the finished product could lawfully use a “Made in U.S.A.” label in order to be eligible under the program.
Existing law requires the office to require each company to register with the office for use of the Made in California label and
requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified.
This bill would remove the requirement that the certification described above be a qualified third-party certification and would instead require the certification to be signed under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
Existing law authorizes the office to accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program.
This bill would prohibit the office from accepting a donation that meets certain criteria, including that the donation would constitute more than 20 percent of the program’s annual budget.
The
California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12098.10 of the Government Code is amended to read:12098.10.
(a) The Made in California Program, a public and private collaboration, is hereby created within the Governor’s Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.(b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish all of that the following: product is substantially made by an individual located in the state.
(A)The product is substantially made by an individual located in the state.
(B)The finished product could lawfully use a “Made in U.S.A.” label and not violate Section 17533.7 of the Business and Professions Code.
(2) For purposes of this section,
“substantially made” means completing an act that adds at least 51 percent of a final product’s wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. “Substantially made” does not include the act of packaging a product.
(c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.
(d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the
agreement.
(e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.
(2) The company filing the registration shall submit a qualified third-party certification certification, signed under penalty of perjury, at least once every three years that the product is made in accordance with this section.
(3)For purposes of this section, “qualified third-party” means an individual, group, or association that possesses a professional license, certification, or other equivalent documentation indicating sufficient training, education, or expertise to perform a regulatory compliance audit.
(4)
(3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).
(f) (1) The office may may, subject to paragraph (3), accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).
(2) A donation accepted pursuant to this subdivision shall be deposited in the Made in California Fund established in subdivision (h).
(3) (A) With respect to a donation for the general use of the program, the office shall not accept a donation if doing so would result in that donation constituting more than 20 percent of the program’s annual budget.
(B) With respect to a donation for a specific project, the office shall not accept a donation if doing so would result in that donation constituting more than 20 percent of the amount of the project cost.
(g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive January 1, regarding its expenditures, progress, and ongoing priorities with this program.
(2) The plan report submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.
(h) (1) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding
(2) Notwithstanding
Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.
(3) (A) The office shall provide notice of the receipt of funds pursuant to subdivision (f) within 20 calendar days of receipt.
(B) The office shall provide the notice required by this paragraph in writing to the Assembly
Committee on Jobs, Economic Development, and the Economy, the Senate Committee on Business Professions and Economic Development, and the Joint Legislative Budget Committee. The notice shall include the amount of money donated, the name and contact information of the source of the donated money, and a general description of any conditions or requirements associated with the donation.
