Amended in Assembly April 23, 2013

Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 114


Introduced by Assembly Members Salas and V. Manuel Pérez

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

January 14, 2013


An act to add Chapter 6 (commencing with Section 26240) to Division 16.3 of, and to repeal Section 26243begin delete of,theend deletebegin insert of, theend insert Public Resources Code, relating to energybegin delete, and making an appropriation thereforend delete.

LEGISLATIVE COUNSEL’S DIGEST

AB 114, as amended, Salas. Proposition 39: implementation: workforce development.

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 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 thatbegin delete are located inend deletebegin insert serve low-income or unemployed residents ofend insert economically disadvantaged communitiesbegin delete with a higher unemployment rate than the state unemployment rateend delete. 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, forbegin delete the 5end deletebegin insert eachend insert fiscalbegin delete years beginning with the 2013-14 fiscalend delete yearbegin delete, continuously appropriate to the agency an unspecified sum of money fromend deletebegin insert in which revenue is deposited intoend insert the fundbegin insert, make available 9.6% of the revenue, upon appropriation by the Legislature, to the agencyend insert for the purposes ofbegin delete implementing the program, thereby making an appropriationend deletebegin insert providing to eligible entities grantsend insert.

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

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

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) With the passage of the California Clean Energy Jobs Act
4(Division 16.3 (commencing with Section 26200) of the Public
5Resources Code) at the November 6, 2012, statewide general
6election, the people of California declared their intent to transfer
7five hundred fifty million dollars ($550,000,000) annually, for
8fiscal years 2013-14 to 2017-18, inclusive, for purposes of funding
9energy efficiency projects in public schools, universities, and other
10public facilities, for job training and workforce development, and
11for specified public-private partnerships.

12(2) The California Clean Energy Jobs Act also establishes the
13Citizens Oversight Board to review all expenditures from, to
14commission and review audits of, and to otherwise maintain
15accountability for the expenditure of, those funds.

16(3) California has some of the finest solar, wind, and geothermal
17resources in the world, giving California the opportunity to lead
P3    1the United States in the development of renewable energy
2technologies and the creation of green collar jobs.

3(4) A 2006 analysis performed by the Renewable Energy Policy
4Project looked at the employment gains in the United States and
5found, of the 50 states, California has the greatest potential to
6generate renewable energy manufacturing activity.

7(5) In addition to renewable energy opportunities, California
8has also pioneered energy efficiency through appliances and
9utilization standards and continues to find new and innovative
10ways to reduce greenhouse gas emissions.

11(6) The California Workforce Investment Board, within the
12Labor and Workforce Development Agency, has established the
13Green Collar Jobs Council pursuant to Section 15002 of the
14Unemployment Insurance Code. The council is tasked with
15understanding the current and future workforce needs of the green
16and clean energy economy, developing a comprehensive strategy
17to prepare California’s workforce to meet the needs of businesses
18supporting the economy, and ensuring that efforts aimed at
19improving workers’ skills are coordinated and effective.

20(b) It is the intent of the Legislature in enacting this act to
21establish the Clean Energy and Jobs Workforce Development
22Program that would be administered by the Labor and Workforce
23Development Agency to oversee the implementation of the goal
24of the California Clean Energy Jobs Act related to job training and
25workforce development.

26

SEC. 2.  

Chapter 6 (commencing with Section 26240) is added
27to Division 16.3 of the Public Resources Code, to read:

28 

29Chapter  6. Job Training and Workforce Development
30

 

31

26240.  

For the purposes of this chapter, the following terms
32mean the following:

33(a) “Agency” means the Labor and Workforce Development
34Agency.

35(b) “Eligible entity” means the California Conservation Corps,
36certified community conservation corps, YouthBuild, and other
37organizations with existing workforce development programs to
38train and employ disadvantaged youth, veterans, and others on
39energy efficiency and clean energy projects.

P4    1(c) “Program” means the Clean Energy Jobs and Workforce
2Development Program.

3

26241.  

(a) The agency shall develop and implement the Clean
4Energy Jobs and Workforce Development Program.

5(b) In developing and implementing the program, the agency
6shall do all of the following:

7(1) Establish and implement a procedure to set explicit goals,
8identify performance metrics, institute a data tracking system, and
9evaluate outcomes, including, quantity, quality, access, and the
10demographic and geographic distribution of workers trained by
11an eligible entity, particularly those in entry level jobs.

12(2) (A) Administer grants to eligible entities for the purposes
13of workforce development and job training on energy efficiency
14and clean energy projects.

15(B) The agency shall, in consultation with the Chancellor of the
16California Community Colleges, the State Department of
17Education, the State Energy Resources Conservation and
18Development Commission, and the Public Utilities Commission,
19develop a competitive process to award grants to eligible entities,
20and evaluate and select applications for grants.

21(3) Require an eligible entity receiving a grant pursuant to this
22chapter to submit to the agency an annual report on the quantity
23and quality of jobs created, including the wages and benefits, and
24the demographic and geographic profile of workers, the number
25of workers trained, the number of training completions, the cost
26of training per worker, the number and type of credentials and
27certificates awarded, number of trainees enrolled in state-certified
28apprenticeship programs, and the number of job placements for
29trainees.

30(c) (1) A project eligible for a grant pursuant to this chapter
31shallbegin delete be located inend deletebegin insert serve low-income or unemployed residents ofend insert
32 an economically disadvantaged communitybegin delete with a higher
33unemployment rate than the state unemployment rateend delete
. The agency
34shall give priority to projects as following:

35(A) First priority to projects providing job training on energy
36efficiency and clean energy projects to disadvantaged youth,
37veterans, or personsbegin delete currentend deletebegin insert currentlyend insert in military service.

38(B) Second priority to projects providing upgraded training on
39energy efficiency and clean energy projects to incumbent workers
P5    1enrolled in, or graduated from, state-certified apprenticeship
2programs.

3(2) In awarding the grants, the agency shall give priority to
4 projects that include one or more of the following elements:

5(A) Training to perform specific skills related to energy
6efficiency and clean energy that is embedded in, or linked to, a
7broader occupational training program.

8(B) Training that leads to industry-recognized credentials and
9certificates that, to the extent possible, provide college credits or
10are linked to credit-bearing programs.

11(C) Training that expands the utilization of state-approved
12apprenticeship programs and other learn-and-earn models that
13promote industry-recognized skills and credentials.

14(D) Training that demonstrates a high probability of placement
15of trainees into career track jobs.

16

26242.  

The agency shall, after the first year of implementation
17of the program, review and assess whether the program is achieving
18the job training and workforce development goals specified in this
19division, identify problems and barriers to achieve those goals,
20and provide solutions to improve program performance.

21

26243.  

(a) By July 1, 2015 and by each July 1 annually
22thereafter until July 1, 2018, the agency shall post on its Internet
23Web site, and, pursuant to Section 9795 of the Government Code,
24submit to the Legislature, a report that compiles the annual reports
25submitted by eligible entities receiving grants pursuant to this
26chapter.

27(b) Pursuant to Section 10231.5 of the Government Code, this
28section is repealed on January 1, 2023.

29

26244.  

begin deleteNotwithstanding Section 13340 of the Government
30Code, the sum of ____ dollars ($____) is, for the end delete
begin insertFor each end insertfiscal
31begin delete years 2013-14 to 2017-18, inclusive, hereby appropriated fromend delete
32begin insert year in which revenue is deposited intoend insert the Job Creation Fundbegin insert, 9.6
33percent of the revenue shall be available, upon appropriation by
34the Legislature,end insert
to the agency for the purposes ofbegin delete implementing
35this chapterend delete
begin insert providing to eligible entities grantsend insert.

36

26245.  

Subject to subdivision (f) of Section 26206, this chapter
37does not affect the eligibility of an eligible entity to receive other
P6    1incentives available from federal, state, or local government, or
2other public and private sources.



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