BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1402
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          Date of Hearing:   July 3, 2012

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                     SB 1402 (Lieu) - As Amended:  June 26, 2012

           SENATE VOTE  :   38-0
           
          SUBJECT  :   Economic development:  California Community Colleges 
          Economic and Workforce Development Program.

           SUMMARY  :   Recasts and revises provisions of the Education Code 
          governing the California Community Colleges (CCC) Economic and 
          Workforce Development Program (EWDP) and extends the program's 
          sunset date from January 1, 2013, to January 1, 2018.  
          Specifically,  this bill  :   

          1)Establishes the program under a new Part of the Education 
            Code, moving the EWDP from § 88500 et seq. to § 88600 et seq.  


          2)Extends the sunset on the EWDP from January 1, 2013, to 
            January 1, 2018.  

          3)Adds six principles to the mission of the EWD Program.  
            Specifically, the bill requires the EWDP to:  

             a)   Be responsive to the needs of employers, workers, and 
               students.  

             b)   Collaborate with other public institutions, aligning 
               resources to foster cooperation across workforce education 
               and service delivery systems, and building well-articulated 
               career pathways.  

             c)   Make data driven and evidence based decisions, investing 
               resources and adopting practices on the basis of what 
               works.  

             d)   Develop strong partnerships with the private sector, 
               ensuring industry involvement in needs assessment, 
               planning, and program evaluation.  

             e)   Be outcome oriented and accountable, measuring results 
               for program participants, including students, employers, 








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               and workers.  

             f)   Be accessible to employers, workers, and students who 
               may benefit from its operation.  

          4)Updates the mission of the EWDP to reflect the need to 
            implement sector strategies that align with labor markets.  

          5)Updates the General Provisions to strengthen decision criteria 
            for allocating funds to ensure that education and services are 
            responsive to changing local markets and to improve 
            accountability of regional programs.  Requires funding to be 
            based on each of the following:   

             a)   An evaluation of the relevance of the grant to the labor 
               market needs of the state and relevant region's competitive 
               and emerging industry sectors and industry cluster, or to 
               the state's need to plug skills gaps and skills shortages 
               in the economy, including skills gaps and shortages at the 
               state and regional level.  

             b)   An assessment of the past performance of the grant 
               recipient.  

             c)   For grants providing direct services to employers and 
               industry, an assessment of the purported beneficial impacts 
               of the grant on the relevant businesses, which may include 
               a review of the grant's purported impacts as specified.  

             d)   For grants involving direct education and training 
               services provided to workers and students, an assessment of 
               the educational and training goals of the grant, the 
               projected numbers of the students and workers served and 
               projected rates of course and program completion or 
               transfer-readiness, the projected rate of skills attainment 
               for certificates and degrees, and the projected wages and 
               rate of employment placement for those entering the labor 
               market.  

             e)   For technical assistance and logistical support 
               projects, a concrete enumeration of the ways the project 
               will collaborate with the Chancellor's office to advance 
               sector strategies, regional development, accountability 
               based on performance data, and the adoption of effective 
               workforce and economic development practices.  








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             f)   Authorizes the Chancellor's office to terminate programs 
               for nonperformance.  

          6)Updates definitions to reflect current practices:  

             a)   Defines career pathways and career ladders or career 
               lattices to mean an identified series of positions, work 
               experiences, or educational benchmarks or credentials that 
               offer occupational and financial advancement within a 
               specific career field or related field over time.  

             b)   Defines high-priority occupation to mean an occupation 
               that has a significant presence in a targeted industry or 
               sector or industry cluster, as specified.  

             c)   Defines industry cluster as a group of employers closely 
               linked by a common product or services, workforce needs, 
               similar technologies, and supply chains in a given regional 
               economy or labor market.  

             d)   Defines industry sector to mean those firms that produce 
               similar products or provide similar services using a 
               somewhat similar business process.  

             e)   Defines sector strategies to mean prioritizing 
               investments in competitive and emerging industry sectors 
               and industry clusters as specified.  

             f)   Defines stackable credentials to mean a sequence of 
               modularized training or credentials,   progression of 
               modularized training and   certificates that build on one 
               another and are linked to educational and career 
               advancement where each progression or stack has employment 
               or industry value.

           EXISTING LAW  : 

          Current state law:

          1)Establishes the EWDP as a primary CCC mission and specifies 
            the program's mission and goals and an administrative 
            structure for the program that includes:  

             a)   The California Community Colleges Business Resource 








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               Assistance and Innovation Network Trust Fund.  

             b)   Centers and Regional Collaboratives.  

             c)   The Job Development Incentive Training Program.  

          2)EWDP is administered through the CCC Chancellor's office which 
            is required under current law to implement accountability 
            measures and annually report specified information to the 
            Governor and the Legislature.  (Education Code § 88500 et. 
            seq)

          3)Requires the CCC Board of Governors to assist economic and 
            workforce regional development centers and consortia to 
            improve linkages and career technical education (CTE) pathways 
            between high schools and CCCs in a manner that improves the 
            quality of career exploration.  (EC § 88532)

          Current federal law, the Workforce Investment Act, provides 
          funding for workforce investment activities, including training, 
          access to career information, counseling, and other support 
          services.  

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee, the sunset extension will result in state costs of 
          $22.9 million to $46.7 million annually, subject to an 
          appropriation in the Budget Act. 

          By reauthorizing EWDP, this bill allows existing programs and 
          services that are already funded through the Budget Act to 
          continue and maintains language in current law that specifies 
          the Act will only be implemented during those fiscal years for 
          which funds are appropriated for that purpose in the annual 
          Budget Act.  
           
           COMMENTS  :   This bill is double referred to the Jobs, Economic 
          Development, and the Economy Committee, which is scheduled to 
          hear the bill on the morning of July 3, 2012.

           EWDP background  .  The purpose of the EWDP is to advance 
          California's economic growth and global competitiveness through 
          education and services that contribute to continuous workforce 
          improvement, technology deployment, and business development and 
          are consistent with the current needs of the state's regional 
          economies.  CCCs and business partners form consortia to 








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          identify regional workforce needs and priorities, provide 
          assistance to small businesses in the region through local 
          Economic and Workforce Development Centers, and train workers.  
          The partnerships enable CCCs to develop curricula that address 
          the training needs of local industry.  

          Codified in 1991, the EWDP formalized earlier efforts to 
          coordinate statewide technical training and programs for small 
          businesses and economic development.  SB 1809 (Polanco), Chapter 
          1057, Statutes of 1996, further clarified the EWDP's legislative 
          intent, defined regional planning, priority setting and 
          coordination, added accountability and audit requirements, and 
          made economic development and continuous workforce improvement a 
          primary CCC mission.  

          The 2010-11 EWDP Annual Report shows that CCCs play an integral 
          role in helping California build its workforce despite budget 
          cuts and stagnant economic growth.  The report noted that during 
          the reporting period, 929 people received a job through EWDP, 
          while an additional 9,475 people were able to retain their job 
          through EWDP services.  A one-time return-on-investment report 
          conducted by Time Structures, Inc. found that from 2002-2009, 
          EWDP assisted an average of 41,000 businesses, 107,000 students 
          and trainees, and placed 4,300 individuals in jobs.  The report 
          revealed that it cost the state of California an average of $589 
          to train each worker in a highly concentrated one-time course.  
          Each newly trained worker earned a higher wage, subsequently 
          paying an additional $450 in state and local taxes over the next 
          three years.  The report indicated that the workers' higher tax 
          payments returned almost 80% of the state's costs for the 
          training.  

           Need for this bill  .  According to the author, this bill is 
          necessary to extend the sunset for EWDP from January 1, 2013, to 
          January 2, 2018, and to improve its ability to respond to 
          changing economic conditions, accountability for investments and 
          performance, integration with CTE programs.
          
           Changes to EWDP  .  This bill will create a new code section for 
          EWDP, allowing the previous code section to sunset on January 1, 
          2013, and effectively separating EWDP from the Career Technical 
          Education Pathways Initiative Ýwhose provisions are recast and 
          sunset extended in SB 1070 (Steinberg), approved by this 
          Committee on June 19].  This bill would recast EWDP's provisions 
          to emphasize the importance of aligning activities with changing 








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          labor market needs to ensure that workers are being trained for 
          jobs that are likely to exist and strengthen the evaluation of 
          EWDP, as follows:

          1)Adds six workforce principles as part of an overall strategy 
            to align all of the state's workforce programs.

          2)Redefines EWDP's mission to implement sector strategies that 
            align with the labor market and ensure that resources are used 
            to keep programs current on information and training 
            techniques to keep incumbent workers more competitive in their 
            regional markets.

          3)Enhances the role of the EWDP advisory committee to ensure 
            that funding can adapt to changing local markets.

          4)Increases the accountability of regional programs.

          5)Adds CTE to prompt more cooperation between CTE and EWDP for 
            career building and sector strategies and updates the 
            definitions in the programs.

           Author's amendment  .  The author has agreed to the following 
          amendment to further refine the definition of stackable 
          credential:

          On page 11, line 4:  (t) "Stackable credentials" means a 
           sequence of modularized training or credentials,  progression of 
           modularized  training  modules, credentials or   and  certificates 
          that build on one another and are linked to educational and 
          career advancement  where each progression or stack has 
          employment or industry value  .

           Related and prior legislation  .  A companion bill, SB 1070 
          (Steinberg), approved by this Committee on June 19, extends the 
          sunset date for the Career Technical Education Pathways 
          Initiative component of the current EWDP.  SB 1401 (Lieu), 
          pending in the Jobs, Economic Development and the Economy 
          Committee, requires the state's Workforce Investment Board to 
          assist the Governor in the alignment of the education and 
          workforce investment systems and creates a California Industry 
          Sector Initiative that will accomplish specified tasks, 
          including aligning and leveraging state and local Workforce 
          Investment Act funding streams.  









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           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Aerospace Defense Coalition
          Aerospace Dynamics International, Inc.
          Barstow Community College
          Bayless Engineering, Inc. President
          Biotechnology Initiative of the California Community Colleges
          Board of Governors of the California Community Colleges
          Boston Scientific Neuromodulation Manager
          Business & Entrepreneurship Center Director, Cuesta College
          California Asian Pacific Chamber of Commerce
          California Association for Local Economic Development
          California Chapters of the National Electrical Contractors 
          Association
          California Community College Association of Occupational 
          Education
          California Hospital Association
          California Chamber of Commerce
          California Manufacturers & Technology Association
          California State Association of Electrical Workers
          California Workforce Association
          Center of Excellence at Mt. San Antonio College Director
          Cerritos College
          Coachella Valley Economic Partnership
          Coast Community College District
          College of the Canyons
          Community College League of California
          Council of Goodwill Industries 
          Desert Community College District
          Economic Workforce Development Training & Development Director, 
          Butte College
          El Camino College
          Envision Education
          Faculty Association of California Community Colleges
          Industry Advisory Board of the Southern California Biotechnology 
          Center, San Diego Miramar College
          Long Beach City College
          Los Angeles/Orange County Biotechnology Center
          Los Rios Community College District
          Mendocino College Nursing Program Director
          Montclair Hospital Medical Center Chief Nursing Officer
          Palomar Community Colelge District
          Palomar Health Chief Nurse Executive








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          Prosperity Research Institute
          Regional Economic Association Leaders of California
          Saddleback College
          San Bernardino Community College District
          Santa Clarita City Council
          Santa Clarita Valley Economic Development Corporation President
          Shasta-Tehama-Trinity Joint Community College District
          Sierra College President
          Silicon Valley Leadership Group
          South Orange County Community College District
          Southern California Regional Transit Training Consortium
          State Building and Construction Trades Council of California
          State Center Community College District
          Valley Industry Association of Santa Clarita
          Ventura County Community College District 
          Workplace Learning Resource Center Director
          Yosemite Community College District
          1 Individual
           
            Opposition 
           
          None on file.


           Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916) 
          319-3960