Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 114

Introduced by Assembly begin delete Member end delete begin insert Members end insert Salas begin insert and V. end insert begin insert  Manuel end insert begin insert  Pérez end insert

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(Coauthors: Assembly Members Alejo, Brown, Gomez, Holden, Perea, and Quirk-Silva)

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January 14, 2013

An act to add begin insert Chapter 6 (commencing with Section 26240) to end insert Division begin delete 16.4 (commencing with Section 26225) to end delete begin insert 16.3 of, and to repeal Section 26243 of, end insert the Public Resources Code, relating to energy begin insert , and making an appropriation therefor end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 114, as amended, Salas. Proposition 39: begin delete implementation. end delete begin insert implementation: workforce development end insert begin insert . end insert

The California Clean Energy Jobs Act, an initiative approved by the voters at the November 6, 2012, statewide general election as Proposition 39, made changes to corporate income taxes and, except as specified, provides for the transfer of $550,000,000 annually from the General Fund to the Clean Energy Job Creation Fund for 5 fiscal years beginning with the 2013-14 fiscal year. Moneys in the Clean Energy Job Creation Fund are available, upon appropriation by the Legislature, for purposes of funding eligible projects that create jobs in California, improving energy efficiency and expanding clean energy generation. Existing law, among other things, provides for allocation of available funds to job training and workforce development.

This bill would require the begin delete Employment Development Department, using funds made available from the Clean Energy Job Creation Fund for job training and workforce development purposes, to administer grants, no-interest loans, or other financial assistance for allocation to existing workforce development programs for the purposes of creating green energy jobs in California. The bill would require the California Conservation Corps, certified community conservation corps, YouthBuild, and other existing workforce development programs to give higher priority to disadvantaged youth and veterans who reside in an economically disadvantaged community or in a community with a higher unemployment rate than the statewide unemployment rate. The bill would make legislative findings and declarations end delete begin insert Labor and Workforce Development Agency, in consultation with specified entities, to develop and implement the Clean Energy Jobs and Workforce Development Program to award grants to eligible entities, as defined, for projects to provide job training on energy efficiency and clean energy projects that are located in economically disadvantaged communities with a higher unemployment rate than the state unemployment rate. The bill would require the agency, after the first year of program implementation, to review and assess the effectiveness of the program, identify problems and barriers to achieving the workforce development goals of the act, and develop solutions to improve program performance. The bill would, for the 5 fiscal years beginning with the 2013 end insert begin insert -14 fiscal year, continuously appropriate to the agency an unspecified sum of money from the fund for the purposes of implementing the program, thereby making an appropriation end insert .

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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(a) The Legislature finds and declares all of the
following:

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(1) With the passage of the California Clean Energy Jobs Act
(Division 16.3 (commencing with Section 26200) of the Public
Resources Code) at the November 6, 2012, statewide general
election, the people of California declared their intent to transfer
five hundred fifty million dollars ($550,000,000) annually, for
fiscal years 2013-14 to 2017-18, inclusive, for purposes of funding
energy efficiency projects in public schools, universities, and other
public facilities, for job training and workforce development, and
for specified public-private partnerships.

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(2) The California Clean Energy Jobs Act also establishes the
Citizens Oversight Board to review all expenditures from, to
commission and review audits of, and to otherwise maintain
accountability for the expenditure of, those funds.

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(3) California has some of the finest solar, wind, and geothermal
resources in the world, giving California the opportunity to lead
the United States in the development of renewable energy
technologies and the creation of green collar jobs.

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(4) A 2006 analysis performed by the Renewable Energy Policy
Project looked at the employment gains in the United States and
found, of the 50 states, California has the greatest potential to
generate renewable energy manufacturing activity.

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(5) In addition to renewable energy opportunities, California
has also pioneered energy efficiency through appliances and
utilization standards and continues to find new and innovative
ways to reduce greenhouse gas emissions.

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(6) The California Workforce Investment Board, within the
Labor and Workforce Development Agency, has established the
Green Collar Jobs Council pursuant to Section 15002 of the
Unemployment Insurance Code. The council is tasked with
understanding the current and future workforce needs of the green
and clean energy economy, developing a comprehensive strategy
to prepare California’s workforce to meet the needs of businesses
supporting the economy, and ensuring that efforts aimed at
improving workers’ skills are coordinated and effective.

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(b) It is the intent of the Legislature in enacting this act to
establish the Clean Energy and Jobs Workforce Development
Program that would be administered by the Labor and Workforce
Development Agency to oversee the implementation of the goal of
the California Clean Energy Jobs Act related to job training and
workforce development.

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begin insert SEC. 2. end insert   

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begin insert Chapter 6 (commencing with Section 26240) is added
to Division 16.3 of the end insert begin insert Public Resources Code end insert begin insert , to read: end insert

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Chapter   begin insert 6. end insert Job Training and Workforce Development

 

begin insert 26240. end insert   

For the purposes of this chapter, the following terms
mean the following:

(a) “Agency” means the Labor and Workforce Development
Agency.

(b) “Eligible entity” means the California Conservation Corps,
certified community conservation corps, YouthBuild, and other
organizations with existing workforce development programs to
train and employ disadvantaged youth, veterans, and others on
energy efficiency and clean energy projects.

(c) “Program” means the Clean Energy Jobs and Workforce
Development Program.

begin insert 26241. end insert   

(a) The agency shall develop and implement the Clean
Energy Jobs and Workforce Development Program.

(b) In developing and implementing the program, the agency
shall do all of the following:

(1) Establish and implement a procedure to set explicit goals,
identify performance metrics, institute a data tracking system, and
evaluate outcomes, including, quantity, quality, access, and the
demographic and geographic distribution of workers trained by
an eligible entity, particularly those in entry level jobs.

(2) (A) Administer grants to eligible entities for the purposes
of workforce development and job training on energy efficiency
and clean energy projects.

(B) The agency shall, in consultation with the Chancellor of the
California Community Colleges, the State Department of
Education, the State Energy Resources Conservation and
Development Commission, and the Public Utilities Commission,
develop a competitive process to award grants to eligible entities,
and evaluate and select applications for grants.

(3) Require an eligible entity receiving a grant pursuant to this
chapter to submit to the agency an annual report on the quantity
and quality of jobs created, including the wages and benefits, and
the demographic and geographic profile of workers, the number
of workers trained, the number of training completions, the cost
of training per worker, the number and type of credentials and
certificates awarded, number of trainees enrolled in state-certified
apprenticeship programs, and the number of job placements for
trainees.

(c) (1) A project eligible for a grant pursuant to this chapter
shall be located in an economically disadvantaged community
with a higher unemployment rate than the state unemployment
rate. The agency shall give priority to projects as following:

(A) First priority to projects providing job training on energy
efficiency and clean energy projects to disadvantaged youth,
veterans, or persons current in military service.

(B) Second priority to projects providing upgraded training on
energy efficiency and clean energy projects to incumbent workers
enrolled in, or graduated from, state-certified apprenticeship
programs.

(2) In awarding the grants, the agency shall give priority to
projects that include one or more of the following elements:

(A) Training to perform specific skills related to energy
efficiency and clean energy that is embedded in, or linked to, a
broader occupational training program.

(B) Training that leads to industry-recognized credentials and
certificates that, to the extent possible, provide college credits or
are linked to credit-bearing programs.

(C) Training that expands the utilization of state-approved
apprenticeship programs and other learn-and-earn models that
promote industry-recognized skills and credentials.

(D) Training that demonstrates a high probability of placement
of trainees into career track jobs.

begin insert 26242. end insert   

The agency shall, after the first year of implementation
of the program, review and assess whether the program is
achieving the job training and workforce development goals
specified in this division, identify problems and barriers to achieve
those goals, and provide solutions to improve program
performance.

begin insert 26243. end insert   

(a) By July 1, 2015 and by each July 1 annually
thereafter until July 1, 2018, the agency shall post on its Internet
Web site, and, pursuant to Section 9795 of the Government Code,
submit to the Legislature, a report that compiles the annual reports
submitted by eligible entities receiving grants pursuant to this
chapter.

(b) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2023.

begin insert 26244. end insert   

Notwithstanding Section 13340 of the Government
Code, the sum of ____ dollars ($____) is, for the fiscal years
2013-14 to 2017-18, inclusive, hereby appropriated from the Job
Creation Fund to the agency for the purposes of implementing this
chapter.

begin insert 26245. end insert   

Subject to subdivision (f) of Section 26206, this chapter
does not affect the eligibility of an eligible entity to receive other
incentives available from federal, state, or local government, or
other public and private sources.

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SECTION 1.  

The Legislature finds and declares all of the
following:

(a) With the passage of Proposition 39 at the November 6, 2012,
statewide general election, the people of California declared their
intent to provide up to five hundred fifty million dollars
($550,000,000) annually, between the 2013-14 and 2017-18 fiscal
years, for purposes of funding energy efficiency projects in public
schools, universities, and other public facilities, and for job training
and workforce development.

(b) Proposition 39 establishes funding for the California
Conservation Corps, certified community conservation corps,
YouthBuild, and other existing workforce development programs
to train and employ disadvantaged youth, veterans, and others
relative to energy efficiency and clean energy projects.

(c) California’s unemployment rate is 10 percent, and the
California economy has not recovered since the economic recession
began in 2007.

(d) Workforce development programs should receive funds to
train unemployed Californians for green energy jobs.

(e) It is the intent of the Legislature to establish guidelines for
job training and workforce development to ensure that revenue in
the Clean Energy Job Creation Fund is appropriately distributed
for the purposes intended by voters.

SEC. 2.  

Division 16.4 (commencing with Section 26225) is
added to the Public Resources Code, to read:

 

Division 16.4.  PROPOSITION 39 IMPLEMENTATION

 

26225.  

From funds made available from the Clean Energy Job
Creation Fund for job training and workforce development
purposes, the Employment Development Department shall
administer grants, no-interest loans, or other financial assistance
for allocation to existing workforce development programs for the
purposes of creating green energy jobs in California.

26230.  

In utilizing funds made available for job training and
workforce development from the Clean Energy Job Creation Fund,
the California Conservation Corps, certified community
conservation corps, YouthBuild, and other existing workforce
development programs shall give higher priority to disadvantaged
youth and veterans who reside in an economically disadvantaged
community or in a community with a higher unemployment rate
than the statewide unemployment rate.

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