Amended in Senate July 9, 2013

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 Bill No. 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 begin delete 26240 end delete begin insert 26250 end insert ) to Division 16.3 begin delete of, and to repeal Section 26243 of, end delete begin insert of end insert 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.

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Existing law appropriates $3,000,000 from the fund to the California Workforce Investment Board to develop and implement a competitive grant program for eligible community-based and other training workforce organizations preparing disadvantaged youth or veterans for employment.

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This bill would begin insert additionally end insert require the begin delete 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 end delete begin insert California Workforce Investment Board to require a grant recipient to report to the board specified information. The bill would require the board, after the first year of implementation of the program, to review and assess the program in achieving the job training and workforce development goals, identify problems and barriers, and provide solutions to improve program performance end insert .

Vote: majority. Appropriation: no. 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   

end insert

begin insert Chapter 6 (commencing with Section 26250) 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 26250. end insert   

In addition to the requirements of Section 26230, the
California Workforce Development Board shall do both of the
following:

(a) Require grant recipients to do both of the following:

(1) Report to the California Workforce Development Board the
number of individuals trained, their demographic and geographic
profile, the number of training completions, the cost of training
per individual, the number and type of credentials and certificates
awarded, the number of trainees enrolled in state-certified
apprenticeship programs, and the number of job placements and
retention after six months for trainees and job characteristics of
the placements, including industry, occupation, and wages and
benefits.

(2) (A) Disclose if the grant recipient is receiving incentives
for energy efficiency or clean energy job training projects from
other local, state, and federal programs.

(B) A grant recipient’s receipt of incentives from other local,
state, and federal programs does not preclude the grant recipient
from receiving, or reduce the amount of, a grant awarded pursuant
to the competitive grant program developed pursuant to Section
26230.

(b) Review and assess, after the first year of implementation of
the competitive grant program developed pursuant to Section
26230, whether the program is achieving the job training and
workforce development goals, identify problems and barriers to
achieving those goals, and provide solutions to improve program
performance.

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SECTION 1.  

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

(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.

(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.

(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.

(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.

(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.

(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.

(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.

SEC. 2.  

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

 

Chapter  6. Job Training and Workforce Development

 

26240.  

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.

26241.  

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

(3) (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.

(4) 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 serve low-income or unemployed residents of an economically
disadvantaged community . The agency shall give priority to
projects as following:

(A) First priority shall be given to projects providing job training
or preapprenticeship jobs on energy efficiency and clean energy
projects to disadvantaged youth, women, veterans, or persons
currently in military service, or bridge programs like the California
Conservation Corps, certified community Conservation Corps,
YouthBuild, and other community-based training apprenticeships
or jobs in the energy efficiency and clean energy sectors.

(B) Second priority shall be given to projects providing upgraded
training on energy efficiency and clean energy projects to
incumbent workers enrolled in, or graduated from, state-certified
apprenticeship programs or to training projects that provide energy
efficient and clean energy specific training to incumbent school
employees who are responsible for operation of school facilities.

(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.

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

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

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

26242.  

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.

26243.  

(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.

26244.  

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

26245.  

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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