The legislation reflects an effort to address set safety, runaway production and diversity in Hollywood.
The legislation was aimed at curbing the flight of productions from California to other states that have introduced more generous tax incentive programs and addressing concerns of set safety following the fatal shooting in 2021 of cinematographer Halyna Hutchins on the set of“It’s a great compromise related to the three main issues of set safety supervision, refundability and diversity,” said Assemblymember Wendy Carrillo, D-Los Angeles, who was one of the authors of the bill.
“Conversations about this legislation started the week after the tragic loss of a cinematographer. Those negotiations have produced the nation’s first and best safety practices for California workers in the state’s vital motion picture industry,” Cortese said in a statement on Tuesday. Additionally, the legislation imposes diversity requirements on studios to receive the full tax benefit for shooting in the state. Productions will automatically get 96 percent for participating in the program and will become eligible for two percent bumps by meeting diversity quotas for below-the-line and above-the-line crew. The requirements will not apply to independent films with qualified expenditures less than $10 million.
Changing the tax incentives to be refundable, which will start in 2025, was a top priority for studios. Companies selected to participate in the program will receive a refund equal to the lesser of 18 percent of the credit or 90 percent of the portion of the credit exceeding their tax liability. Those that elect to receive such a refund will forfeit a portion of their credit equal to the lesser of two percent of the credit or 10 percent of the portion of the credit exceeding their tax liability.
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