BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 35
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          Date of Hearing:   January 13, 2009

          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT AND THE ECONOMY
                               V. Manuel Perez, Chair
                   AB 35 (Furutani) - As Amended:  January 4, 2009
           
          SUBJECT  :   Education: workforce preparation

           SUMMARY  :   Expands the scope of the functions and  
          responsibilities of the California Postsecondary Education  
          Commission (CPEC) to include the development of a strategic plan  
          for the purpose of connecting education and workforce  
          development programs in the state.  Specifically this bill:  

          1)Specifies that it is the intent of the Legislature to enact  
            legislation to develop a strategic plan in the education  
            system for workforce preparation and career technical  
            education.

          2)Requires CPEC to develop recommendations for the strategic  
            plan by connecting education and workforce development  
            programs in the state.  Working with representatives from the  
            California Department of Education (CDE) the California  
            Workforce Investment Board (CWIB), business and labor  
            organizations, to make recommendations in the strategic plan  
            that address the contribution of academic and career technical  
            education to workforce development.

          3)Requires that the strategic plan include, at a minimum, the  
            following provisions:

             a)   How the state determines appropriate measures for  
               evaluating and collecting data for future workforce needs;

             b)   Alignment of workforce needs with future postsecondary  
               education programs and capacity at both the state and  
               regional levels;

             c)   Strategies for fostering long-term improvements in  
               workers' skills and knowledge;

             d)   Methods for closing the skills gap and strengthening the  
               nexus between education and the workforce; and

             e)   Appropriate measures for improving data collection on  








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               future workforce needs.

          4)Specifies that it is the intent of the legislature that CPEC  
            solicit input from K-12, postsecondary education institutions,  
            local workforce investment boards and other appropriate  
            governmental entities in developing recommendations for the  
            strategic plan.

          5)Requires CPEC to report its recommendations for the strategic  
            plan to the Governor and the Legislature no later than July 1,  
            2011.

           EXISTING LAW:

           1)Establishes CPEC as the statewide postsecondary education  
            coordinating and planning agency and advisor to the  
            Legislature and the Governor.  

          2)Requires CPEC to prepare a state plan for postsecondary  
            education that integrates the planning efforts of the public  
            segments with other pertinent plans.  In undertaking this  
            task, CPEC is directed to resolve any inconsistencies among  
            the segment plans and report to the Legislature any unresolved  
            issues, including recommendations on how to resolve the  
            differences.  

          3)Establishes the CWIB for the purpose of assisting the state in  
            meeting the requirements of the federal Workforce Investment  
            Act of 1998 (WIA), as well as, assisting the Governor in the  
            development, oversight, and continuous improvement of  
            California's workforce investment system.

           FISCAL EFFECT  :   Unknown

           1)Purpose:   According to the author, California has a startling  
            high unemployment rate of over 12%.  The state needs a  
            comprehensive strategy to get people back into jobs that will  
            reenergize our economy.  In many cases, entire industries have  
            left regions requiring displaced workers to retrain into other  
            professions.  
           
             The author further states, the current method of workforce  
            preparation has great potential to address the individual  
            needs of a diverse population.  However, more can be done to  
            strengthen the coordination between California Community  








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            Colleges, adult education, high school career technical  
            programs, and California Workforce Investment Boards (WIBs).  

            Many agencies are involved in workforce development planning,  
            but these agencies fail to work cohesively, resulting in a  
            lack of statewide direction and coordination on workforce  
            development.  By requiring lead agencies involved in education  
            to work together on a strategic plan for workforce  
            development, this bill will begin the conversation and  
            reevaluation of the state's method of educating and training  
            the majority of the workforce. 

           2)No state current plan  :  Existing law provides that one of the  
            primary roles and responsibilities of CPEC is to prepare a  
            state plan for postsecondary education that integrates the  
            planning efforts of the various public segments.  According to  
            CPEC staff, this plan has never been prepared.  CPEC has  
            instead produced a number of topic-specific reports, such as  
            the workforce preparation reports detailed below.

            In 2007, CPEC issued a series of 4 reports on workforce  
            development.  The first three reports provided an assessment,  
            including a review of employers concerns that California's  
            postsecondary education system was not producing enough  
            graduates with the skills needed to competitive in today's  
            workplace.  The final report included a set of recommendations  
            for strengthening the nexus between education and career  
            preparation.  Among other recommendations, the report includes  
            the following:

             a)   CPEC should compile and disseminate "Best Practices" for  
               partnerships; 

             b)   There should be an increased focus on workforce and  
               career development in both K-12 and postsecondary education  
               systems;

             c)   The alignment between K-12 and postsecondary education  
               should be improved to better prepare students for success  
               in both their careers and higher education;  

             d)   Data linkages between Employment Development Department  
               (EDD), K-12,  and postsecondary education should be  
               improved, i.e. students success in obtaining jobs,  
               including pay levels, should be tracked; and








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             e)   Regional workforce strategies should be encouraged that  
               include K-12 and postsecondary education. 

            CPEC, who is in support of this measure, has indicated its  
            agreement with these policy options and requested staff to  
            develop implementation options for the council's  
            consideration.  Progress on implementation has been mixed,  
            according to information prepared by CPEC.  Potentially,  
            implementation of AB 35 could assist CPEC in operationalizing  
            these and other workforce development recommendations into a  
            single strategy, including funding sources. Comment 5 provides  
            additional information on related workforce development  
            funding.


           3)Unemployment in California  :  While increases in unemployment  
            are slowing over 7 million California workers were identified  
            as unemployed in November 2009, the most recent month for  
            which data is available.  The numbers provided below have not  
            been seasonally adjusted by EDD. 
                 Statewide: 12.2% (Up from 8.4% in 2008) 
                 Alameda County: 11.2% (Up from 7.3% in 2008) 
                 Colusa County: 22.6% (Up from 18.6% in 2008) 
                 Contra Costa: 11.2 % (Up from 7.1% in 2008) 
                 Fresno County: 16.5% (Up from 12.1% 2008) 
                 Imperial County: 29.2% (Up from 25.5% in 2008)
                 Los Angeles County: 12.2% (Up from 8.8% in 2008)
                 Riverside County: 14.6% (Up from 10.0% in 2008)
                 Sacramento County: 12.5% (Up from 8.2% in 2008)
                 Santa Clara County: 11.7% (Up from 7.0% in 2008) 

           4 California Economic Development Recovery Strategy:   In  
            anticipation of the enactment of the $787 billion federal  
            stimulus package, Assemblyman P?rez, Chairman of the Assembly  
            Economic Development Committee, called for the preparation of  
            a statewide 24 month blueprint on how to most effectively use  
            federal stimulus funds to address the state's most immediate  
            economic and workforce needs while still serving as a catalyst  
            for advancing the state's long-term economic growth.  

            The Recovery Strategy proposed to use the broadest set of  
            community, economic, and workforce development tools to link  
            these new and enhanced federal resources with the people and  
            organizations they are designed to serve.   This bill  








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            implements several recommendations in the Recovery Strategy,  
            including the overall objective to manage resources toward  
            defined outcomes, utilizing solid planning principles and good  
            data, and making workforce training needs a special focus.


           5)Background on workforce training programs  :  California  
            annually receives hundreds of millions of dollars in federal  
            workforce training funds.  In addition, employers contribute  
            to a state employment training program and the state offers  
            certain workforce hiring credits.  The following are  
            descriptions, including funding levels, for several of the  
            larger existing workforce training programs and services.

              a)   Workforce Investment Board (WIB)  :  The role of the WIB  
               is to assist the Governor in designing a statewide plan and  
               establishing appropriate policy for workforce development  
               programs.  WIA funding is distributed to states based on a  
               set formula which includes specified economic and  
               demographic data. California's share has declined over the  
               years from a high of $630 million in 2000-01 to an  
               estimated $427 million 2009-10.

               Pursuant to federal WIA requirements, 85% of funding  
               flowing to the states ius reallocated to the local  
               workforce investment boards.  Resources used to carry out  
               CWIB activities are derived from the Governor's 15% WIA  
               Discretionary funds.  The 2009-10 estimated WIA allocation  
               to local workforce investment boards is $363 million, while  
               the state will receive about $63 million in discretionary  
               moneys.  Recent budget actions, however, redirected  
               portions of state discretionary moneys to offset General  
               Fund employment and training costs at the California  
               Department of Corrections and Rehabilitation or the  
               California Conservation Corp.

               Under the $787 billion federal stimulus package, California  
               was expected to receive $568.6 million in supplemental  
               funding through three WIA funding streams:  Youth formula  
               grants, dislocated worker funding, and adult services  
               grants.  Of the $568.6 million in WIA moneys targeted for  
               California, the CWIB is expected to receive approximately  
               $70 million to carry out supplemental activities related to  
               the federal stimulus programs.  These moneys are required  
               to be fully expended in 24 months.   The dislocated worker  








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               and adult activities moneys are distributed to the state  
               under existing Workforce Investment Act formulas.  As  
               January 7, 2010 only $493.1 million of the WIA moneys have  
               been award and only $133.1 million have been expended by  
               California. 

              b)   One-Stop Service Centers and Wagner-Peyser Funding  :   
               Among EDD's most important missions is to ensure that  
               California's workforce has the skills that employers need  
               to manage their businesses.  EDD's major workforce  
               investment programs include the California One-Stop Career  
               Centers, the California Jobs Service Program (CalJOBS),  
               Employment Training Panel, and the Workforce Investment  
               Program. 
             
               The One-Stop Career Center system is a statewide network of  
               centers that provide employment, education, and training  
               services all in one location.  The One-Stop Centers work  
               with public and private non-profit partners to provide  
               their services.  The One-Stop Centers include programs such  
               as Job Services, Unemployment Insurance, Vocational  
               Education, and Vocational Rehabilitation.  The One-Stop  
               Centers provide their services in English and Spanish and  
               are organized around a locally determined set of  
               priorities, which are designed to meet the unique  
               employment needs in each community.  All but two of  
               California's 58 counties have a One-Stop Center, with many  
               counties having multiple one-stop locations.

               The federal Wagner-Peyser Act (WPA) funds employment  
               training programs administered through EDD, most  
               specifically, the employment services through the One-Stop  
               Career Center service delivery structure. The state  
               currently receives about $80 million in WPA funds.   
               Services funded with WPA moneys include: job search  
               assistance, job referral, placement assistance for job  
               seekers, reemployment services to unemployment insurance  
               (UI) claimants, and recruitment services to employers with  
               job openings.

               The Recovery Act provides an additional $47 million in WPA  
               funds for state employment services.  Of this amount,  
               approximately $29 million is required to be used for  
               reemployment services to UI claimants.
            








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               State                         Total Allotment     RES Other
               Total                    $396,000,000              
               $247,500,000 $148,500,000
               California               46,970,564                
               29,356,604     17,613,960

              c)   California Employment Training Panel:  The Employment  
               Training Panel (ETP) was created in 1983.  Monies in the  
               Employment Training Fund are provided by one tenth of 1% of  
               unemployment insurance wages paid by every private,  
               for-profit employer in the state, as well as, some  
               non-profits, amounting to no more than $7.00 per covered  
               employee per year.  Projects funded through the ETP assists  
               employers in strengthening their competitive edge by  
               providing funds to offset the costs of job skills training  
               necessary to maintain high-performance workplaces.  ETP is  
               governed by an 8 member panel, of which 7 are appointed by  
               the Governor and the Assembly and Senate leadership and the  
               last member is the Secretary of Business, Transportation  
               and Housing.  
             
         Currently, there is no single plan or strategy that brings  
            together all the federal and state workforce development  
            programs and services with the related programs and services  
            in K-12 and postsecondary education.

           6)Related legislation  :   

             a)   AB 365 (Portantino)  : of 2007, which was vetoed, would  
               have required CPEC, in cooperation with the Labor and  
               Workforce Development Agency, to convene a Task Force on  
               State Workforce Needs.  Status:  Vetoed by the Governor in  
               2007.  In his veto message, Governor Schwarzenegger wrote:  
           
               "I am supportive of efforts to align state workforce needs  
               with program development at postsecondary education  
               institutions.  However, statutory authority is not  
               necessary for the California Postsecondary Education  
               Commission to meet the objective of convening meetings with  
               the relevant entities, and developing recommendations.  
               Therefore, this bill is unnecessary."

              a)   AB 699 (Portantino and V. Manuel Perez)  :  This bill  
               would have updated the requirements for the development of  
               a State Economic Development Strategy, including key  








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               elements related to innovation-based industries and  
               workforce development.  Status:  Held in the Assembly  
               Appropriations Committee in May of 2009.

              b)   AB 1916 (Portantino, Arambula, Price, Salas, and  
               Caballero):   This bill would have updated the membership  
               and requirements of the California Economic Strategy Panel  
               and required that the next State Economic Development  
               Strategy be submitted to the Legislature by January 1,  
               2010.  Status:  Vetoed by the Governor in 2008 due to  
               budget delays.  

              c)   AB 2595 (Arambula)  :  This bill would have required the  
               Secretary of Labor and Workforce Development and the  
               California Workforce Investment Board to establish a  
               Logistics Worker Training Initiative for the purpose of  
               increasing California workers' competitiveness within the  
               global manufacturing value chain.  The outcome of this  
               initiative was to have a state strategy to support  
               regionally based workforce intermediaries that provide  
               training in advanced logistical systems, especially in the  
               transportation and goods movement sectors.  Status:  Vetoed  
               by the Governor in 2007 due to budget delay.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Postsecondary Education Commission

           Opposition 
           
          None received
           
          Analysis Prepared by  :    Mercedes Flores/Toni Symonds/  / J.,  
          E.D. & E. / (916) 319-2090