BILL NUMBER: AB 114 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 9, 2013
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY APRIL 9, 2013
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
26250 ) to Division 16.3 of, and to
repeal Section 26243 of, 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.
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.
This bill would additionally 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 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 .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6 (commencing with Section
26250) is added to Division 16.3 of the Public Resources
Code , to read:
CHAPTER 6. JOB TRAINING AND WORKFORCE DEVELOPMENT
26250. 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.
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.