Amended in Assembly May 8, 2013

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 26243 of, the Public Resources Code, relating to energy.

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 that serve low-income or unemployed residents of economically disadvantaged communities. 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 each fiscal year in which revenue is deposited into the fund, make available 9.6% of the revenue, upon appropriation by the Legislature, to the agency for the purposes of providing to eligible entities grants.

Vote: majority. Appropriation: no. 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
18the United States in the development of renewable energy
19technologies and the creation of green collar jobs.

20(4) A 2006 analysis performed by the Renewable Energy Policy
21Project looked at the employment gains in the United States and
P3    1found, of the 50 states, California has the greatest potential to
2generate renewable energy manufacturing activity.

3(5) In addition to renewable energy opportunities, California
4has also pioneered energy efficiency through appliances and
5utilization standards and continues to find new and innovative
6ways to reduce greenhouse gas emissions.

7(6) The California Workforce Investment Board, within the
8Labor and Workforce Development Agency, has established the
9Green Collar Jobs Council pursuant to Section 15002 of the
10Unemployment Insurance Code. The council is tasked with
11understanding the current and future workforce needs of the green
12and clean energy economy, developing a comprehensive strategy
13to prepare California’s workforce to meet the needs of businesses
14supporting the economy, and ensuring that efforts aimed at
15improving workers’ skills are coordinated and effective.

16(b) It is the intent of the Legislature in enacting this act to
17establish the Clean Energy and Jobs Workforce Development
18Program that would be administered by the Labor and Workforce
19Development Agency to oversee the implementation of the goal
20of the California Clean Energy Jobs Act related to job training and
21workforce development.

22

SEC. 2.  

Chapter 6 (commencing with Section 26240) is added
23to Division 16.3 of the Public Resources Code, to read:

24 

25Chapter  6. Job Training and Workforce Development
26

 

27

26240.  

For the purposes of this chapter, the following terms
28mean the following:

29(a) “Agency” means the Labor and Workforce Development
30Agency.

31(b) “Eligible entity” means the California Conservation Corps,
32certified community conservation corps, YouthBuild, and other
33organizations with existing workforce development programs to
34train and employ disadvantaged youth, veterans, and others on
35energy efficiency and clean energy projects.

36(c) “Program” means the Clean Energy Jobs and Workforce
37Development Program.

38

26241.  

(a) The agency shall develop and implement the Clean
39Energy Jobs and Workforce Development Program.

P4    1(b) In developing and implementing the program, the agency
2shall do all of the following:

3(1) Establish and implement a procedure to set explicit goals,
4identify performance metrics, institute a data tracking system, and
5evaluate outcomes, including, quantity, quality, access, and the
6demographic and geographic distribution of workers trained by
7an eligible entity, particularly those in entry level jobs.

begin insert

8(2) Ensure the program is complementary and not duplicative
9of other similar statewide job training programs.

end insert
begin delete

10(2)

end delete

11begin insert(end insertbegin insert3)end insert (A) Administer grants to eligible entities for the purposes
12of workforce development and job training on energy efficiency
13and clean energy projects.

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

begin delete

20(3)

end delete

21begin insert(end insertbegin insert4)end insert 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
31shall serve low-income or unemployed residents of an economically
32disadvantaged community . The agency shall give priority to
33projects as following:

34(A) First prioritybegin insert shall be givenend insert to projects providing job training
35begin insert or preapprenticeship jobsend insert on energy efficiency and clean energy
36projects to disadvantaged youth,begin insert women, end insert veterans, or persons
37currently in military servicebegin insert, or bridge programs like the California
38Conservation Corps, certified community Conservation Corps,
39YouthBuild, and other community-based training apprenticeships
40or jobs in the energy efficiency and clean energy sectorsend insert
.

P5    1(B) Second prioritybegin insert shall be givenend insert to projects providing upgraded
2training on energy efficiency and clean energy projects to
3incumbent workers enrolled in, or graduated from, state-certified
4apprenticeship programsbegin insert or to training projects that provide energy
5efficient and clean energy specific training to incumbent school
6employees who are responsible for operation of school facilitiesend insert
.

7(2) In awarding the grants, the agency shall give priority to
8 projects that include one or more of the following elements:

9(A) Training to perform specific skills related to energy
10efficiency and clean energy that is embedded in, or linked to, a
11broader occupational training program.

12(B) Training that leads to industry-recognized credentials and
13certificates that, to the extent possible, provide college credits or
14are linked to credit-bearing programs.

15(C) Training that expands the utilization of state-approved
16apprenticeship programs and other learn-and-earn models that
17promote industry-recognized skills and credentials.

18(D) Training that demonstrates a high probability of placement
19of trainees into career track jobs.

begin insert

20(d) (1) An entity requesting a grant shall disclose if the entity
21is receiving incentives for energy efficiency or clean energy job
22training projects from other local, state, and federal programs.

end insert
begin insert

23(2) The requirement for disclosure pursuant to this subdivision
24does not preclude an entity from receiving a grant pursuant to this
25chapter or reduce the amount of grant awarded.

end insert
begin insert

26(e) For the purposes of reporting job creation, an entity
27receiving a grant pursuant to this chapter shall report to the agency
28the numbers of direct full-time jobs created as a result of the grant
29and the job-years for each job created.

end insert
30

26242.  

The agency shall, after the first year of implementation
31of the program, review and assess whether the program is achieving
32the job training and workforce development goals specified in this
33division, identify problems and barriers to achieve those goals,
34and provide solutions to improve program performance.

35

26243.  

(a) By July 1, 2015 and by each July 1 annually
36thereafter until July 1, 2018, the agency shall post on its Internet
37Web site, and, pursuant to Section 9795 of the Government Code,
38submit to the Legislature, a report that compiles the annual reports
39submitted by eligible entities receiving grants pursuant to this
40chapter.

P6    1(b) Pursuant to Section 10231.5 of the Government Code, this
2section is repealed on January 1, 2023.

3

26244.  

For each fiscal year in which revenue is deposited into
4the Job Creation Fund, 9.6 percent of the revenue shall be available,
5upon appropriation by the Legislature, to the agency for the
6purposes of providing to eligible entities grants.

7

26245.  

Subject to subdivision (f) of Section 26206, this chapter
8does not affect the eligibility of an eligible entity to receive other
9incentives available from federal, state, or local government, or
10other public and private sources.



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