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L.A. County Recommends Changes to O-Zone Regs

JUN. 4, 2019

L.A. County Recommends Changes to O-Zone Regs

DATED JUN. 4, 2019
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COUNTY OF LOS ANGELES' PUBLIC COMMENTS ON
OPPORTUNITY ZONES REGULATIONS

June 4, 2019

Internal Revenue Service
CC:PA:LPD:PR (REG-120186-18), Room 5203
P.O. Box 7604
Ben Franklin Station
Washington, D.C. 20044

Dear Sir or Madam:

The County of Los Angeles (County) appreciates the opportunity to provide public comments on the implementation of the Federal Opportunity Zones Program (Program), as established by Congress in the Tax Cuts and Jobs Act of 2017, H.R. I (Pub. L.115-97). These comments are related to the most recent Opportunity Zones Proposed Regulations, released on April 17, 2019.

On behalf of the County, the Chief Executive Office (CEO) respectfully offers its recommendations for ensuring the success of the Program. There are over 270 Opportunity Zone-designated census tracts in the County, and 17 of those are the County's direct jurisdictional responsibility. The County is hopeful that investments by Opportunity Zones Funds will assist in improving the quality of life for the residents who reside and work across the County.

One in 35 Americans call the County home. However, one out of four residents live in poverty. While hopeful that the Program has the potential to positively impact economically distressed portions of the County, the County is also concerned that the Program could have negative impacts on these areas through the displacement of current residents and small businesses, discourage wealth-building within historically economically-disadvantaged communities, and potentially increase the costs of living and doing business in these neighborhoods.

Therefore, the County recommends the following:

1. Ensure that benefits accrue to the local communities

The County recommends the U.S. Department of the Treasury (the Treasury) seek to ensure that: any business receiving Opportunity Zones investment demonstrates their business predominantly serves the local community in which it is located; minimum requirements and preference should be given to businesses that provide goods and services to the local community and provide jobs to local residents; and minimum requirements and preferences should be given to enterprises that support and foster local and/or minority-owned business ownership.

2. Add provisions to protect against displacement

The County recommends adding language in the Program's regulations to promote equitable growth and ensure that Opportunity Funds investment does not displace existing residents, and small businesses. Each investment should demonstrate a direct and sustained community benefit to the residents living in the designated Opportunity Zones census tract. The Treasury should prevent the elimination or displacement of affordable housing units, as the result of Opportunity Funds investment, and should state as much in the rules.

3. Enhance annual reporting and notification requirements

To ensure that all Opportunity Funds investment provides a direct and sustained community benefit to the residents living in the census tract, the reporting requirements should include any direct impact on the local economy, including the number of new housing units created and preserved, and their affordability levels. Also, additional metrics that the County recommends be tracked include: the number of jobs created; hourly wages; types of jobs (full-time, permanent, temporary); and industry groups.

4. Allow projects in adjacent areas

In the dense urban areas, census tracts tend to be very compacted. Some potential development projects could go beyond the boundaries of the designated Opportunity Zones census tracts. Therefore, for Opportunity Zones in the urban areas, consider allowing projects in areas directly adjacent to or within a short distance from Opportunity Zones census tracts.

CONCLUSION

The CEO supports the Treasury in taking a place-based approach to spurring local economic development. Thank you for the opportunity to engage on the Treasury's rulemaking process for the Opportunity Zones Program.

Should you have any questions or seek further feedback, please contact Julia Orozco at (213) 974-1151 or iorozcoc@ceo.lacounty.qov.

Sincerely,

SACHI A. HAMAI
Chief Executive Officer
County of Los Angeles
Los Angeles, CA

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