Amended in Senate September 5, 2013

Amended in Senate July 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1315

Introduced by Assembly Member John A. Pérez

February 22, 2013

An act to amend Sections 14012, 14022, 15002, and 15003 of the Unemployment Insurance Code, relating to workforce development.

LEGISLATIVE COUNSEL’S DIGEST

AB 1315, as amended, John A. Pérez. California Green Collar Jobs Act of 2008: Green Collar Jobs Council.

Existing law establishes the California Workforce Investment Board and requires the board to establish a special committee known as the Green Collar Jobs Council, comprised of appropriate representatives of the board and other appropriate members. Existing law authorizes the council to consult with other state agencies, other higher education representatives, local workforce investment boards, industry representatives, and philanthropic, nongovernmental, and environmental groups, as appropriate, in the development of a strategic initiative relating to the training and development of a skilled workforce to meet the needs of California’s emerging green economy. Existing law requires the board to participate in the development of various budget materials in order to ensure consistency with the strategic initiative. Existing law requires the board to annually report to the Legislature on, among other things, the council’s development and implementation of the strategic initiative.

This bill would add the Speaker of the Assembly and the President Pro Tempore of the Senate as members of the begin insert California Workforce Investment Board and the end insert Green Collar Jobs Council. The bill would instead authorize the council membership to include representatives from other state agencies, higher education, local workforce investment boards, industry representatives, and philanthropic, nongovernmental, and environmental groups, as appropriate. The bill would eliminate the council’s requirement to develop a strategic initiative and would require the council to develop and annually update a common framework consisting of specified elements to address workforce needs arising from changes in the energy, building and construction, transportation, and other industries impacted by state policies to reduce greenhouse gas emissions. The bill would require the council to submit the common framework and annual updates to the board for review and further action. The bill would authorize specified state entities to work with the council on the development of the common framework. The bill would require the board to participate in the development of various budget materials in order to ensure consistency with common framework. The bill would require the board to annually report to the Legislature on, among other things, the development of the common framework for workforce development. The bill would also correct an erroneous cross-reference.

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.  

Section 14012 of the Unemployment Insurance
Code is amended to read:

14012.  

The board shall be appointed by the Governor to assist
in the development of the State Workforce Investment Plan and
to carry out other functions, as described in Section 14013. The
board shall be comprised of the Governor and representatives from
the following categories:

(a) (1) The Speaker of the Assembly and the President pro
Tempore of the Senate.

(2) Two members of each house of the Legislature, appointed
by the appropriate presiding officer of each house.

(b) A majority of board members shall be representatives of
business who:

(1) Are owners of small and large businesses, chief executives
or operating officers of small and large businesses, and other small
and large business executives or employers with optimum
policymaking or hiring authority, including members of local
workforce investment boards.

(2) Represent businesses with employment opportunities that
reflect the employment opportunities of the state.

(3) Are appointed from a group of individuals nominated by
state business organizations and business trade associations.

(c) Chief elected officials representing both cities and counties,
where appropriate.

(d) Representatives of labor organizations that are appointed to
the board by the Governor shall have been nominated by state
labor federations. At least 15 percent of board members shall be
representatives of labor organizations.

(e) Representatives of individuals and organizations that have
experience with regard to youth activities.

(f) Representatives of individuals and organizations that have
experience and expertise in the delivery of workforce investment
activities, including the Chancellor of the California Community
Colleges, representatives of school districts, and representatives
of community-based organizations within the state.

(g) The lead state agency officials with responsibility for the
programs, services, or activities that are mandatory participants in
the one-stop system, or, where there are no lead state agency
officials responsible for those programs, services, or activities, a
representative with expertise relating to those programs, services,
or activities.

(h) Any other representatives and state agency officials as the
Governor may designate, such as the state agency officials
responsible for economic development and juvenile justice
programs in the state.

(i) Members of the board that represent organizations, agencies,
or other entities shall be individuals with optimum policymaking
authority within those organizations, agencies, or entities.

(j) In making appointments to the board, the Governor shall
consider the ethnic, race, gender, and geographic distribution of
the state’s population, and members of the board shall represent
diverse regions of the state, including urban, rural, and suburban
areas.

(k) The Governor may appoint a single member to the board to
represent multiple constituencies on the board.

(l) The Governor shall select a chairperson for the board from
the business representatives.

SEC. 2.  

Section 14022 of the Unemployment Insurance Code
is amended to read:

14022.  

(a) The California Workforce Investment Board, in
coordination with the department, shall participate in the
development of Request for Proposal (RFP) language and the
evaluation of proposals for determining grant allocations of the
funds, as identified in Item 7100-001-0869, Schedule (4) 61.60 -
WIA Removing Barriers for Special Needs Populations for Green
Technology/Green Collar Jobs, and Schedule (2) 61.40 - WIA
Growth Industries for Green Technology/Green Collar Jobs, of
Section 2.00 of the Budget Act of 2009 (Chapter 1 of the Statutes
of the 2009 Third Extraordinary Session), and future budget acts,
to ensure consistency with the common framework required to be
developed by the Green Collar Jobs Council pursuant to Section
15002.

(b) The board shall also annually prepare and submit to the
Legislature a report containing all of the following information:

(1) A list of any funds allocated, or not allocated for the purposes
of subdivision (a), including a statement of the reasons for any
such action.

(2) The name of each grant recipient, and the amount allocated
to the recipient.

SEC. 3.  

Section 15002 of the Unemployment Insurance Code
is amended to read:

15002.  

(a) The California Workforce Investment Board
(CWIB) shall establish a special committee known as the Green
Collar Jobs Council (GCJC), comprised of the appropriate
representatives from the CWIB existing membership, including
the K-12 representative, the California Community Colleges
representative, begin delete the Business, Transportation and Housing Agency
representative end delete begin insert the Governor’s Office of Business and Economic
Development representative end insert , the Employment Development
Department representative, the Speaker of the Assembly or his or
her designated representative, the President pro Tempore of the
Senate or his or her designated representative, and other appropriate
members. The GCJC may also include representatives from other
state agencies, other higher education representatives, local
workforce investment boards, organized labor, industry
representatives as well as philanthropic, nongovernmental, and
environmental groups, and other representatives, as appropriate.

(b) The GCJC shall focus on developing the common
framework, funding, strategies, programs, policies, partnerships,
and opportunities necessary to address the growing need for a
highly skilled and well-trained workforce to meet the needs of
California’s emerging green economy. The GCJC shall do all of
the following:

(1) Assist in identifying and linking green collar job
opportunities with workforce development training opportunities
in local workforce investment areas (LWIAs), encouraging regional
collaboration among LWIAs to meet regional economic demands.

(2) Align workforce development activities with regional
economic recovery and growth strategies.

(3) Develop public, private, philanthropic, and nongovernmental
partnerships to build and expand the state’s workforce development
programs, network, and infrastructure.

(4) Provide policy guidance for job training programs for the
clean and green technology sectors to help them prepare specific
populations, such as at-risk youth, displaced workers, veterans,
formerly incarcerated individuals, and others facing barriers to
employment.

(5) Develop, collect, analyze, and distribute statewide and
regional labor market data on California’s new and emerging green
industries workforce needs, trends, and job growth.

(6) Collaborate with community colleges and other educational
institutions, state-approved apprenticeship programs, business and
labor organizations, and community-based and philanthropic
organizations to align workforce development services with
strategies for regional economic growth.

(7) Identify funding resources and make recommendations on
how to expand and leverage these funds.

(8) Foster regional collaboratives in the green economic sector.

(c) To the extent private funds are available, it is the intent of
the Legislature that the GCJC will develop an annual award for
outstanding achievement for workforce training programs operated
by local or state agencies, businesses, or nongovernment
organizations to be named after Parrish R. Collins.

(d) The CWIB may accept any revenues, moneys, grants, goods,
or services from federal and state entities, philanthropic
organizations, and other sources, to be used for purposes relating
to the administration and implementation of activities described
in subdivisions (b) and (c). The CWIB shall also ensure the highest
level of transparency and accountability and make information
available on the CWIB Internet Web site.

(e) Upon appropriation by the Legislature, the department may
expend the moneys and revenues received pursuant to subdivision
(d) for purposes related to the administration and implementation
of activities described in subdivisions (b) and (c) and for the award
of workforce training grants.

(f) (1) Under the purview of the CWIB, the GCJC shall develop
and annually update a common framework to address workforce
needs arising from changes in the energy, building and
construction, transportation, and other industries impacted by state
policies to reduce greenhouse gas emissions.

(2) The GCJC shall submit the common framework and annual
updates to the CWIB for review and further action consistent with
Section 14013.

(3) The state entities described in paragraph (4) may work with
the GCJC to develop the common framework for workforce
development.

(4) Participating state entities may include the State Air
Resources Board, the California Environmental Protection Agency,
the Public Utilities Commission, the State Energy Resources
Conservation and Development Commission, the begin delete Business,
Transportation and Housing end delete begin insert Transportation end insert Agency, the
Department of Housing and Community Development, the Labor
and Workforce Development Agency, the Department of Food
and Agriculture, the Office of the Chancellor of the California
Community Colleges, the Office of the Superintendent of Public
Instruction, and the Governor’s Office of Business and Economic
Development.

(5) Representatives from the participating state entities described
in paragraph (4) shall be executive level representatives with
policymaking authority.

(6) At minimum, the common framework shall include elements
that are critical to good jobs and quality workforce development
outcomes, including, but not limited to, all of the following:

(A) Responsible contractor requirements that ensure good jobs
and skilled workers.

(B) Guidance for connecting disadvantaged communities and
other target populations, including veterans, to jobs created by
investments to begin delete reduced end delete begin insert reduce end insert greenhouse gas emissions.

(C) Workforce standards to ensure high-quality work.

(D) Mechanisms that ensure training results in industry-valued
certificates or credentials, college credit, placements in
state-approved apprenticeship programs, and other similar
outcomes.

(E) Guidance for allocating and prioritizing training investments.

(F) Guidance for tracking and reporting training outcomes.

(G) Guidance for tracking and reporting job creation, including
job quality and geographic and demographic distribution of jobs.

SEC. 4.  

Section 15003 of the Unemployment Insurance Code
is amended to read:

15003.  

(a) (1) Notwithstanding Section 10231.5 of the
Government Code, on or before April 1, 2011, and annually each
April 1 thereafter, the CWIB shall report to the Legislature on the
status of GCJC activities, grants awarded, and its development of
a common framework for workforce development as described in
Section 15002.

(2) A report to the Legislature pursuant to this section shall be
submitted in compliance with Section 9795 of the Government
Code.

(b) The GCJC shall also consult with the appropriate state and
local agencies to identify opportunities to coordinate the award of
grant and green workforce training funds received by the state
under the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5) or any other funding sources.