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. SB 698 Page 2 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 SB 698 Page 3 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 SB 698 Page 4 standards for certification of high-performance LWIBs. Analysis Prepared by : Kimberly Rodriguez / APPR. / (916) 319-2081