BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 698
                                                                  Page  1

          Date of Hearing:   August 25, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      SB 698 (Lieu) - As Amended:  May 31, 2011 

          Policy Committee:                             Labor and 
          Employment   Vote:                            7-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the governor, through the California 
          Workforce Investment Board (CWIB), to establish standards for 
          certification of high-performance local workforce investment 
          boards (LWIBs).  Specifically, this bill:  

          1)Requires CWIB, in consultation with LWIBs, to initiate a 
            stakeholder process to determine the appropriate measurable 
            metrics and standards for high-performance certification.  
            Further requires the standards to be implemented on or before 
            January 1, 2013 and the first certification to occur on or 
            before July 1, 2013, with recertification occurring at least 
            once every two years.  

          2)Requires a high-performance LWIB to meet certain requirements, 
            including meeting or exceeding performance goals, implementing 
            a strategic plan, conducting a local planning process, and 
            establishing a business service plan, as specified.   

          3)Requires the governor and the Legislature, beginning in the 
            2013-14 fiscal year (FY), to annually reserve a portion of the 
            15% discretionary Workforce Investment Act (WIA) fund to 
            provide incentives to high-performance LWIBs.  Specifies only 
            high-performance LWIBs are eligible to receive this incentive 
            funding and prohibits any non-certified high-performance LWIB 
            from receiving any of the state's 15% discretionary WIA funds. 
             

          4)Requires CWIB to establish a policy for the allocation of 
            incentive funds for high-performance LWIBs.  









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          5)Voids the requirement to set-aside WIA discretionary funds for 
            high-performance LWIBs in years when the federal government 
            significantly reduces its allocation of discretionary WIA 
            funds below 15%, as specified.  

           FISCAL EFFECT  

          Federal fund reallocation of approximately $75 million (based on 
          2009-10 estimates) to provide incentive funds to 
          high-performance LWIBs, as specified.  The amount of 15% 
          discretionary WIA funds allocated to the state depends on the 
          state's overall federal grant amount and its economic and 
          demographic statistics, pursuant to the federal formula.  The 
          state's WIA allocation has declined over the years, from $630 
          million in 2000-01 to approximately $500 million in 2009-10.  

          At the federal level, Congress has taken preliminary action to 
          reduce states' discretionary WIA funds from 15% to 5%.  This 
          action is not final.  This bill voids the requirement to 
          set-aside WIA discretionary funds for high-performance LWIBs in 
          years when the federal government significantly reduces its 
          discretionary allocation, as specified.  

           COMMENTS  

           1)Background  .  The WIA was established by federal law in 1998 
            for purposes of job training and workforce development. It 
            requires states to form state workforce investment boards, and 
            requires governors to designate local workforce investment 
            areas and oversee local workforce investment boards to 
            coordinate and distribute job training funds. 

            In California, WIA funds are provided through the state CWIB 
            and 49 local boards.  The state board receives 15% of the 
            state's WIA allocation, and the remaining 85% is allocated to 
            the local boards.  CWIB works with the governor to provide 
            policy guidance on how to spend these funds.  Likewise, each 
            board determines how they spend their funds in accordance with 
            the workforce needs of their areas. 

            WIA funds are distributed to the states based on formulas that 
            consider unemployment rates and other economic and demographic 
            factors.  California and its 49 Local LWIA boards formula 
            funding from the U.S. Department of Labor through three 
            revenue streams: adult, youth, and dislocated workers. Under 








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            federal law, 85% of adult and youth formula funds and 60% of 
            dislocated worker formula funds are distributed to local 
            boards.  Fifteen percent of adult, youth, and dislocated 
            worker formula funds are allocated to the state for a variety 
            of discretionary uses.  

           2)Purpose  .  CWIB is responsible for assisting the governor in 
            all the functions specified under WIA. The board encourages 
            collaboration among both state and local public and private 
            entities. This collaboration is further enhanced through its 
            committee structure. CWIB committee members include 
            representatives from local workforce investment areas 
            (including LWIBs), business leaders, local and state partner 
            entities, and key stakeholders that have an interest in 
            workforce issues.

            CWIB is also responsible for developing a state strategic 
            plan.  It is also required to develop criteria for the 
            certification/recertification of LWIBs (based on federal 
            statutory requirements) and the dissemination of the 15% 
            discretionary funding allocated to the governor.  

            According to the author, "Federal performance measures are 
            largely inadequate for ensuring that local WIA dollars provide 
            the quality services that will guide workers towards pathways 
            that actually lead to a good paying job. In addition, the 
            federal certification requirements don't hold ÝLWIBs] 
            accountable to state policy and high state standards for 
            system performance.  It is crucial for our state to ensure 
            strong and comprehensive workforce investment systems that 
            provide quality services and effective return on investment in 
            terms of employment outcomes for workers hardest hit by the 
            recession.  This means placing higher standards on investments 
            of California's limited federal Workforce Investment Act 
            dollars to ensure the best measurable outcomes.

            "Several States have addressed the need to hold ÝLWIBs] to 
            higher standards through a process of a second-tier 
            certification process delineating high-performance LWIBs. 
            Those states that have implemented, or are in the process of 
            implementing, this certification process includes Kentucky, 
            Missouri, North Carolina, South Carolina, Michigan, and 
            Pennsylvania."

            This bill requires the governor, through CWIB, to establish 








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            standards for certification of high-performance LWIBs.      






           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081