California Legislature—2015–16 Regular Session

Assembly Bill No. 1270

Introduced by Assembly Member Eduardo Garcia

February 27, 2015

An act to amend Sections 9600.5, 9600.7, 14000, 14002, 14003, 14004.5, 14005, 14010, 14012, 14013, 14017, 14020, 14200, 14201, 14207, 14209, 14211, 14220, 14222, 14223, 14230, 14230.5, 14231, 14232, 14235, 14500, and 14510, to amend the headings of Article 1 (commencing with Section 14010) and Article 2 (commencing with Section 14020) of Chapter 3 of, to amend the heading of Article 1 (commencing with Section 14200) of Chapter 4 of Division 7 of, to amend the heading of Division 7 (commencing with Section 14000) of, to repeal Sections 14022, 14203, 14204, 14206.1, and 14210, and to repeal and add Sections 14202, 14206, 14208, and 14221 of, the Unemployment Insurance Code, relating to workforce development.

LEGISLATIVE COUNSEL’S DIGEST

AB 1270, as introduced, Eduardo Garcia. California Workforce Innovation and Opportunity Act.

The federal Workforce Innovation and Opportunity Act of 2014 provides for workforce investment activities, including activities in which states may participate. These provisions were previously contained in the federal Workforce Investment Act of 1998. The California Workforce Investment Act contains various programs for job training and employment investment, including work incentive programs, as specified.

This bill would update statutory references to the Workforce Investment Act of 1998 to instead refer to the Workforce Innovation and Opportunity Act of 2014 and make related conforming changes.

Existing law provides that the California Workforce Investment Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system. Existing law further provides that the board must assist the Governor in targeting resources to specified high-wage industry sectors and providing guidance to ensure that services reflect the needs of those sectors.

This bill would revise legislative findings with regard to the act, revise the definitions of terms used within the act, and rename the California Workforce Investment Board the California Workforce Development Board. With regard to the board, the bill would require the board to assist the Governor in the development of a State Plan and would provide that the State Plan serve as a comprehensive framework and coordinated plan for the aligned investment of all federal and state workforce training and employment service funding streams and programs. The bill would revise the membership of the board and task the board with, among other things, developing and continuously improving the statewide workforce investment system.

The federal Workforce Investment Act of 1998 requires the local chief elected officials in a local workforce development area to form, pursuant to specified guidelines, a local workforce investment board to, among other things, plan and oversee the workforce investment system and develop a comprehensive 5-year local plan. Existing law requires the Governor to establish, through the California Workforce Investment Board, standards for certification of high-performance local workforce investment boards, in accordance with specified criteria. Existing law requires a youth council be established within each local board and specified the duties of the council. Existing law also requires local workforce investment boards to spend a certain percentage of available federal funds for in a manner consistent with federal law, as prescribed.

This bill would rename the local boards as local workforce development boards, would revise the timeline for certifications of high-performance local workforce development boards, revise the guidelines used to appoint members of the local boards, and revise the duties of the local board consistent with the federal Workforce Innovation and Opportunity Act of 2014. The bill would, with regard to the provision of services to youth, instead authorize a local board to establish a standing committee on the provision of youth services, as provided. This bill would require the local boards to develop a comprehensive 4-year local plan, revise the content of the local plan, and revise the manner by which the board shares that plan with the public. This bill would impose new requirements on local boards in conformance with federal law, thereby imposing a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 9600.5 of the Unemployment Insurance
Code is amended to read:

9600.5.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert Notwithstanding Section 10231.5 of the
Government Code, the end insert director of the Employment Development
Department shall report annually to the Governor, the Legislature,
and the California Workforce begin delete Investment end delete begin insert Development end insert Board, no
later than November 30, regarding the training expenditures made
by local workforce begin delete investment end delete begin insert development end insert boards in the prior
fiscal year. The department shall specify what expenditures qualify
as training begin delete expenditures, including, but not limited to, the price
paid for classroom instruction or other training opportunities,
contracted services for customized training and on-the-job training,
development of training materials, and supportive services,
including case management, that enable a participant to attend and
complete training. end delete begin insert expenditures using the definition of training
provided for in Section 3174(c)(3)(D) of Title 29 of the United
States Code. end insert The annual report shall specify the total amount of
federal funding provided to the state and to each of the local
workforce investment areas for the adult and dislocated persons
programs and the amount within each program expended for
training services.

begin insert

(b) A report to be submitted pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government
Code.

end insert

SEC. 2.  

Section 9600.7 of the Unemployment Insurance Code
is amended to read:

9600.7.  

(a) The department shall have the authority to
administer the requirements of the federal Workforce begin delete Investment
Act of 1998 end delete begin insert Innovation and Opportunity Act end insert including, but not
limited to, establishing accounting, monitoring, auditing, and
reporting procedures and criteria in order to ensure state compliance
with the objectives and requirements of the federal Workforce
begin delete Investment end delete begin insert Innovation and Opportunity end insert Act.

(b) The department shall adopt, amend, or repeal any rules and
regulations as necessary to implement Division 7 (commencing
with Section 14000).

SEC. 3.  

The heading of Division 7 (commencing with Section
14000) of the Unemployment Insurance Code is amended to read:

 

Division 7.  CALIFORNIA WORKFORCE begin delete INVESTMENT end delete
begin insert INNOVATION AND OPPORTUNITY end insert ACT

 

SEC. 4.  

Section 14000 of the Unemployment Insurance Code
is amended to read:

14000.  

(a) The Legislature finds and declares that, in order
for California to remain prosperous and globally competitive, it
needs to have a well-educated and highly skilled workforce.

(b) The Legislature finds and declares that the following
principles shall guide the state’s workforce investment system:

(1) Workforce investment programs and services shall be
responsive to the needs of employers, workers, and students by
accomplishing the following:

(A) Preparing California’s students and workers with the skills
necessary to successfully compete in the global economy.

(B) Producing greater numbers of individuals who obtain
industry-recognized certificates and begin insert career-oriented end insert degrees in
competitive and emerging industry sectors and filling critical labor
market skills gaps.

(C) Adapting to rapidly changing local and regional labor
markets as specific workforce skill requirements change over time.

(D) Preparing workers for good-paying jobs that foster economic
security and upward mobility.

begin insert

(E) Aligning employment programs, resources and planning
efforts regionally around industry sectors that drive regional
employment to connect services and training directly to jobs.

end insert

(2) State and local workforce begin delete investment end delete begin insert development end insert boards
are encouraged to collaborate with other public and private
institutions, including businesses, unions, nonprofit organizations,
kindergarten and grades 1 to 12, inclusive, career technical
education programs, adult career technical education and basic
skills programs, begin insert apprenticeships, end insert community college career
technical education and basic skills programs, entrepreneurship
training programs, where appropriate, the California Community
Colleges Economic and Workforce Development Program, begin delete and end delete
the Employment Training Panel, begin insert and county-based social and
employment services, end insert to better align resources across workforce begin insert ,
training, end insert education begin insert , end insert and begin delete training end delete begin insert social end insert service delivery systems
and build a well-articulated workforce investment system by
accomplishing the following:

(A) Adopting local and regional training and education strategies
that build on the strengths and fill the gaps in the education and
workforce development pipeline in order to address the needs of
job seekers, workers, and employers within regional labor markets
by supporting sector strategies.

(B) Leveraging resources across education and workforce
training delivery systems to build career pathways and fill critical
skills gaps.

(3) Workforce investment programs and services shall be data
driven and evidence based when setting priorities, investing
resources, and adopting practices.

(4) Workforce investment programs and services shall develop
strong partnerships with the private sector, ensuring industry
involvement in needs assessment, planning, and program
evaluation.

(A) Workforce investment programs and services shall
encourage industry involvement by developing strong partnerships
with an industry’s employers and the unions that represent the
industry’s workers.

(B) Workforce investment programs and services may consider
the needs of employers and businesses of all sizes, including large,
medium, small, and microenterprises, when setting priorities,
investing resources, and adopting practices.

(5) Workforce investment programs and services shall be
outcome oriented and accountable, measuring results for program
participants, including, but not limited to, outcomes related to
program completion, employment, and earnings.

(6) Programs and services shall be accessible to employers, the
self-employed, workers, and students who may benefit from their
operation, including individuals with employment barriers, such
as persons with economic, physical, or other barriers to
employment.

SEC. 5.  

Section 14002 of the Unemployment Insurance Code
is amended to read:

14002.  

(a) The Legislature finds and declares that screening
designed to detect unidentified disabilities, including learning
disabilities, improves workforce preparation and enhances the use
of employment and training resources.

(b) Section begin delete 134(d)(2) end delete begin insert 134(c)(2) end insert of the federal Workforce
begin delete Investment end delete begin insert Innovation and Opportunity end insert Act (29 U.S.C. Sec.
begin delete 2864(d)(2)) end delete begin insert 3174(c)(2)) end insert allows for the use of funds for initial
assessment of skill levels, aptitudes, abilities and support services,
begin delete and Section 134(d)(3) of that act (29 U.S.C. Sec. 2864(d)(3)) allows
for end delete begin insert including, when appropriate, end insert comprehensive and specialized
assessments of skill levels and service needs, including, but not
limited to, diagnostic testing and the use of other assessment tools
and in-depth interviewing and evaluation to identify employment
barriers and appropriate employment goals.

(c) The Legislature encourages one-stop career centers to
maximize the use of Workforce begin delete Investment end delete begin insert Innovation and
Opportunity end insert Act resources and other federal and state workforce
development resources for screening designed to detect unidentified
disabilities, and if indicated, appropriate diagnostic assessment.

SEC. 6.  

Section 14003 of the Unemployment Insurance Code
is amended to read:

14003.  

(a) Grants or contracts awarded under the federal
Workforce begin delete Investment end delete begin insert Innovation and Opportunity end insert Act, codified
in Chapter begin delete 30 end delete begin insert 32 end insert (commencing with Section begin delete 2801) end delete begin insert 3101) end insert of Title
29 of the United States Code, or any other state or federally funded
workforce development program, may not be awarded to
organizations that are owned or operated as pervasively sectarian
organizations.

(b) Grants or contracts awarded under the federal Workforce
begin delete Investment end delete begin insert Innovation and Opportunity end insert Act, codified in Chapter
begin delete 30 end delete begin insert 32 end insert (commencing with Section begin delete 2801) end delete begin insert 3101) end insert of Title 29 of the
United States Code, or any other state or federally funded
workforce development program, shall comply with Section 4 of
Article I and Section 5 of Article XVI of the California
Constitution, state and federal civil rights laws, and the First
Amendment to the United States Constitution in regard to
pervasively sectarian organizations. These legal constraints include
prohibitions on the discrimination against beneficiaries and staff
based on protected categories and on the promoting of religious
doctrine to advance sectarian beliefs.

SEC. 7.  

Section 14004.5 of the Unemployment Insurance Code
is amended to read:

14004.5.  

The Consolidated Work Program Fund is hereby
created in the State Treasury, for the receipt of all moneys
deposited pursuant to the federal Workforce begin delete Investment end delete begin insert Innovation
and Opportunity end insert Act. The Employment Development Department
shall be the entity responsible for administering this section.
Moneys in the fund shall be made available, upon appropriation
by the Legislature, to the department, for expenditure consistent
with the purposes of the federal Workforce begin delete Investment Act end delete
begin insert Innovation and Opportunity Act and the State Plan required by
the federal Workforce Innovation and Opportunity Act end insert .

SEC. 8.  

Section 14005 of the Unemployment Insurance Code
is amended to read:

14005.  

For purposes of this division:

(a) “Board” means the California Workforce begin delete Investment end delete
begin insert Development end insert Board.

(b) “Agency” means the Labor and Workforce Development
Agency.

(c) “Career pathways,” “career ladders,” or “career lattices”
begin delete mean end delete begin insert are end insert an identified series of positions, work experiences, or
educational benchmarks or credentials with multiple access points
that offer occupational and financial advancement within a
specified career field or related fields over time. begin insert “Career
pathways,” “career ladders,” and “career lattices” offer combined
programs of rigorous and high-quality education, training, and
other services that do all of the following: end insert

begin insert

(1) Align with the skill needs of industries in the economy of the
state or regional economy involved.

end insert begin insert

(2) Prepare an individual to be successful in any of a full range
of secondary or postsecondary education options, including
apprenticeships registered under the National Apprenticeship Act
of 1937 (29 U.S.C.A. 50 et seq.), except as in section 3226 of Title
29 of the United States Code.

end insert begin insert

(3) Include counseling to support an individual in achieving the
individual's education and career goals.

end insert begin insert

(4) Include, as appropriate, education offered concurrently with
and in the same context as workforce preparation activities and
training for a specific occupation or occupational cluster.

end insert begin insert

(5) Organize education, training, and other services to meet the
particular needs of an individual in a manner that accelerates the
educational and career advancement of the individual to the extent
practicable.

end insert begin insert

(6) Enable an individual to attain a secondary school diploma
or its recognized equivalent, and at least one recognized
postsecondary credential.

end insert begin insert

(7) Help an individual enter or advance within a specific
occupation or occupational cluster.

end insert

(d) “Cluster-based sector strategies” means methods of focusing
workforce and economic development on those sectors that have
demonstrated a capacity for economic growth and job creation in
a particular geographic area.

(e) “Data driven” means a process of making decisions about
investments and policies based on systematic analysis of data,
which may include data pertaining to labor markets.

(f) “Economic security” means, with respect to a worker, earning
a wage sufficient to support a family adequately, and, over time,
to save for emergency expenses and adequate retirement income,
based on factors such as household size, the cost of living in the
worker’s community, and other factors that may vary by region.

(g) “Evidence-based” means making use of policy research as
a basis for determining best policy practices. Evidence-based
policymakers adopt policies that research has shown to produce
positive outcomes, in a variety of settings, for a variety of
populations over time. Successful, evidence-based programs deliver
quantifiable and sustainable results. Evidence-based practices
differ from approaches that are based on tradition, belief,
convention, or anecdotal evidence.

(h) “High-priority occupations” mean occupations that have a
significant presence in a targeted industry sector or industry cluster,
are in demand begin insert , or projected to be in demand, end insert by employers, and
pay or lead to payment of a wage that provides economic security.

begin insert

(i) (1) “In-demand industry sector or occupation” means either
of the following:

end insert begin insert

(A) An industry sector that has a substantial current or potential
impact, including through jobs that lead to economic
self-sufficiency and opportunities for advancement, on the state,
regional, or local economy, as appropriate, and that contributes
to the growth or stability of other supporting businesses, or the
growth of other industry sectors.

end insert begin insert

(B) An occupation that currently has or is projected to have a
number of positions, including positions that lead to economic
self-sufficiency and opportunities for advancement, in an industry
sector so as to have a significant impact on the State, regional, or
local economy, as appropriate.

end insert begin insert

(2) The determination of whether an industry sector or
occupation is “in-demand” under this subdivision shall be made
by the board or local board, or through the regional planning
process in which local boards participate under the Workforce
Innovation and Opportunity Act, as appropriate, using state and
regional business and labor market projections, including the use
of labor market information.

end insert begin delete

(i)

end delete

begin insert (j) end insert  “Individual with employment barriers” means an individual
with any characteristic that substantially limits an individual’s
ability to obtain employment, including indicators of poor work
history, lack of work experience, or access to employment in
nontraditional occupations, long-term unemployment, lack of
educational or occupational skills attainment, dislocation from
high-wage and high-benefit employment, low levels of literacy or
English proficiency, disability status, or welfare begin delete dependency. end delete
begin insert dependency, including members of all of the following groups: end insert

begin insert

(1) Displaced homemakers.

end insert begin insert

(2) Low-income individuals.

end insert begin insert

(3) Indians, Alaska Natives, and Native Hawaiians, as those
terms are defined in Section 3221 of Title 29 of the United States
Code.

end insert begin insert

(4) Individuals with disabilities, including youths who are
individuals with disabilities.

end insert begin insert

(5) Older individuals.

end insert begin insert

(6) Ex-offenders.

end insert begin insert

(7) Homeless individuals, as defined in Section 14043e-2(6) of
Title 42 of the United States Code, or homeless children and
youths, as defined in Section 11434a(2) of Title 42 of the United
States Code.

end insert begin insert

(8) Youth who are in, or have aged out of, the foster care system.

end insert begin insert

(9) Individuals who are English language learners, individuals
who have low levels of literacy, and individuals facing substantial
cultural barriers.

end insert begin insert

(10) Eligible migrant and seasonal farmworkers, as defined in
Section 3322(i) of Title 29 of the United States Code.

end insert begin insert

(11) Individuals within two years of exhausting lifetime
eligibility under Part A of Title IV of the Social Security Act (42
U.S.C.A. 601 et. seq.).

end insert begin insert

(12) Single parents, including single, pregnant women.

end insert begin insert

(13) Long-term unemployed individuals.

end insert begin insert

(14) Any other groups as the Governor determines to have
barriers to employment.

end insert begin delete

(j)

end delete

begin insert (k) end insert  “Industry cluster” means a geographic concentration or
emerging concentration of interdependent industries with direct
service, supplier, and research relationships, or independent
industries that share common resources in a given regional
economy or labor market. An industry cluster is a group of
employers closely linked by common product or services,
workforce needs, similar technologies, and supply chains in a given
regional economy or labor market.

begin delete

(k) (1)

end delete

begin insert (l) end insert  “Industry or sector partnership” means a workforce
begin delete collaborative that organizes key stakeholders in a targeted industry
cluster into a working group that focuses on the workforce needs
of the targeted industry cluster. An industry or sector partnership
organizes the stakeholders connected with a specific local or
regional industry--multiple firms, labor groups, education and
training providers, and workforce and education systems--to
develop workforce development strategies within the industry.
Successful sector partnerships leverage partner resources to address
both short-term and long-term human capital needs of a particular
sector, including by analyzing current labor markets and identifying
barriers to employment within the industry, developing cross-firm
skill standards, curricula, and training programs, and developing
occupational career ladders to ensure workers of all skill levels
can advance within the industry. end delete begin insert collaborative, convened or acting
in partnership with the board or a local board, that does the
following: end insert

begin delete

(2) Industry or sector partnerships include, at the appropriate
stage of development of the partnership, all of the following:

(A) Representatives of multiple firms or employers in the
targeted industry cluster, including small-sized and medium-sized
employers when practicable.

(B) One or more representatives of state labor organizations,
central labor coalitions, or other labor organizations, except in
instances where no labor representations exists.

(C) One or more representatives of local workforce investment
boards.

(D) One or more representatives of kindergarten and grades 1
to 12, inclusive, and postsecondary educational institutions or other
training providers, including, but not limited to, career technical
educators.

(E) One or more representatives of state workforce agencies or
other entities providing employment services.

(3) An industry or sector partnership may also include
representatives from the following:

(A) State or local government.

(B) State or local economic development agencies.

(C) Other state or local agencies.

(D) Chambers of commerce.

(E) Nonprofit organizations.

(F) Philanthropic organizations.

(G) Economic development organizations.

(H) Industry associations.

(I) Other organizations, as determined necessary by the members
comprising the industry or sector partnership.

end delete begin insert

(1) Organizes key stakeholders in an industry cluster into a
working group that focuses on the shared goals and human
resources needs of the industry cluster and that includes, at the
appropriate stage of development of the partnership:

end insert begin insert

(A) Representatives of multiple businesses or other employers
in the industry cluster, including small and medium-sized
employers when practicable.

end insert begin insert

(B) One or more representatives of a recognized state labor
organization or central labor council, or another labor
representative, as appropriate.

end insert begin insert

(C) One or more representatives of an institution of higher
education with, or another provider of, education or training
programs that support the industry cluster.

end insert begin insert

(2) The workforce collaborative may include representatives of
any of the following:

end insert begin insert

(A) State or local government.

end insert begin insert

(B) State or local economic development agencies.

end insert begin insert

(C) State boards or local boards, as appropriate.

end insert begin insert

(D) A state workforce agency or other entity providing
employment services.

end insert begin insert

(E) Other state or local agencies.

end insert begin insert

(F) Business or trade associations.

end insert begin insert

(G) Economic development organizations.

end insert begin insert

(H) Nonprofit organizations, community-based organizations,
or intermediaries.

end insert begin insert

(I) Philanthropic associations.

end insert begin insert

(J) Industry associations

end insert begin insert

(K) Other organizations, as determined to be necessary by the
members comprising the industry sector or partnership.

end insert begin delete

(l)

end delete

begin insert (m) end insert  “Industry sector” means those firms that produce similar
products or provide similar services using somewhat similar
business processes, and are closely linked by workforce needs,
within a regional labor market.

begin delete

(m)

end delete

begin insert (n) end insert  “Local labor federation” means a central labor council that
is an organization of local unions affiliated with the California
Labor Federation or a local building and construction trades council
affiliated with the State Building and Construction Trades Council.

begin delete

(n)

end delete

begin insert (o) end insert  “Sector strategies” means methods of prioritizing
investments in competitive and emerging industry sectors and
industry clusters on the basis of labor market and other economic
data indicating strategic growth potential, especially with regard
to jobs and income, and exhibit the following characteristics:

(1) Focus workforce investment in education and workforce
training programs that are likely to lead to jobs providing economic
security or to an entry-level job with a well-articulated career
pathway into a job providing economic security.

(2) Effectively boost labor productivity or reduce business
barriers to growth and expansion stemming from workforce supply
problems, including skills gaps and occupational shortages by
directing resources and making investments to plug skills gaps
and provide education and training programs for high-priority
occupations.

(3) May be implemented using articulated career pathways or
lattices and a system of stackable credentials.

(4) May target underserved communities, disconnected youths,
incumbent workers, and recently separated military veterans.

(5) Frequently are implemented using industry or sector
partnerships.

(6) Typically are implemented at the regional level where sector
firms, those employers described in subdivisions (j) and (l), often
share a common labor market and supply chains. However, sector
strategies may also be implemented at the state or local level
depending on sector needs and labor market conditions.

begin delete

(o)

end delete

begin insert (p) end insert  “Workforce begin delete Investment Act of 1998” end delete begin insert Innovation and
Opportunity Act of 2014” end insert means the federal act enacted as Public
Law begin delete 105-220 end delete begin insert 113-128 end insert .

SEC. 9.  

The heading of Article 1 (commencing with Section
14010) of Chapter 3 of Division 7 of the Unemployment Insurance
Code is amended to read:

 

Article 1.  California Workforce begin delete Investment end delete begin insert Development end insert Board

 

SEC. 10.  

Section 14010 of the Unemployment Insurance Code
is amended to read:

14010.  

The California Workforce begin delete Investment end delete begin insert Development end insert
Board is the body responsible for assisting the Governor in the
development, oversight, and continuous improvement of
California’s workforce investment system and the alignment of
the education and workforce investment systems to the needs of
the 21st century economy and workforce.

SEC. 11.  

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 begin delete Workforce Investment end delete Plan and
to carry out other functions, as described in Section 14103. The
board shall be comprised of the Governor and representatives from
the following categories:

(a) 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 begin delete small and large end delete businesses, chief executives
or operating officers of begin delete small and large end delete businesses, and other begin delete small
and large end delete business executives or employers with optimum
policymaking or hiring authority, begin delete including members of local
workforce investment boards end delete begin insert who, in addition, may be members
of a local board described in Section 3122(b)(2)(A)(i) of Title 29
of the United States Code end insert .

(2) Represent begin delete businesses with employment opportunities that
reflect the employment opportunities of the state end delete begin insert businesses,
including small businesses, or organizations representing
businesses that include high-quality, work-relevant training and
development in in-demand industry sectors or occupations in the
state end insert .

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

begin delete

(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

end delete

begin insert (c) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert At end insert least begin delete 15 end delete begin insert 20 end insert percent of board members shall be
representatives of begin delete labor organizations. end delete begin insert the workforce within the
state, and shall include: end insert

begin delete

(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.

end delete begin insert

(A) Representatives of labor organizations, who have been
nominated by state labor federations, amounting to not less than
15 percent of state board membership.

end insert begin insert

(B) A representative, who shall be a member of a labor
organization or a training director, from a joint labor-management
apprenticeship program, or if no such joint program exists in the
state, such a representative of an apprenticeship program in the
state.

end insert begin insert

(2) Representatives appointed pursuant to this subdivision may
include:

end insert begin insert

(A) Representatives of community-based organizations that
have demonstrated experience and expertise in addressing the
employment, training, or education needs of individuals with
barriers to employment, including organizations that serve veterans
or that provide or support competitive, integrated employment for
individuals with disabilities.

end insert begin insert

(B) Representatives of organizations that have demonstrated
experience and expertise in addressing the employment, training,
or education needs of eligible youth, including representatives of
organizations that serve out-of-school youth.

end insert begin insert

(d) The balance of board members:

end insert begin insert

(1) Shall include representatives of government that are lead
state officials with primary responsibility for the core programs
and shall include chief elected officials, collectively representing
cities, counties, and cities and counties where appropriate.

end insert begin insert

(2) May include other representatives and officials as the
Governor may designate, like any of the following:

end insert begin insert

(A) State agency officials from agencies that are one-stop
partners, not specified in paragraph (1), including additional
one-stop partners whose programs are covered by the State Plan,
if any.

end insert begin insert

(B) State agency officials responsible for economic development
or juvenile justice programs in the state.

end insert begin insert

(C) Individuals who represent an Indian tribe or tribal
organization, as those terms are defined in Section 3221(b) of Title
29 of the United States Code.

end insert begin insert

(D) State agency officials responsible for education programs
in the state, including chief executive officers of community colleges
and other institutions of higher education.

end insert

SEC. 12.  

Section 14013 of the Unemployment Insurance Code
is amended to read:

14013.  

The board shall assist the Governor in the following:

(a) Promoting the development of a well-educated and highly
skilled 21st century workforce.

(b) Developing begin insert , implementing, and modifying end insert the State
begin delete Workforce Investment end delete Plan. begin insert The State Plan shall serve as the
comprehensive framework and coordinated plan for the aligned
investment of all federal and state workforce training and
employment services funding streams and programs. To the extent
feasible and when appropriate, the state plan should reinforce and
work with adult education and career technical education efforts
that are responsive to labor market trends. end insert

begin delete

(c) Developing guidelines for the continuous improvement and
operation of the workforce investment system, including:

(1) Developing policies to guide the one-stop system.

(2) Providing technical assistance for the continuous
improvement of the one-stop system.

(3) Recommending state investments in the one-stop system.

(4) Targeting resources to competitive and emerging industry
sectors and industry clusters that provide economic security and
are either high-growth sectors or critical to California’s economy,
or both. These industry sectors and clusters shall have significant
economic impacts on the state and its regional and workforce
development needs and have documented career opportunities.

(5) To the extent permissible under state and federal laws,
recommending youth policies and strategies that support linkages
between kindergarten and grades 1 to 12, inclusive, and community
college educational systems and youth training opportunities in
order to help youth secure educational and career advancement.
These policies and strategies may be implemented using a sector
strategies framework and should ultimately lead to placement in
a job providing economic security or job placement in an
entry-level job that has a well-articulated career pathway or career
ladder to a job providing economic security.

(6) To the extent permissible under state and federal law,
recommending adult and dislocated worker training policies and
investments that offer a variety of career opportunities while
upgrading the skills of California’s workforce. These may include
training policies and investments pertaining to any of the following:

(A) Occupational skills training, including training for
nontraditional employment.

(B) On-the-job training.

(C) Programs that combine workplace training with related
instruction, which may include cooperative education programs.

(D) Training programs operated by the private sector.

(E) Skill upgrading and retraining.

(F) Entrepreneurial training.

(G) Job readiness training.

(H) Adult education and literacy activities provided in
combination with any of the services described in this paragraph.

(I) Customized training conducted with a commitment by an
employer or group of employers to employ an individual upon
successful completion of the training.

end delete begin insert

(c) The review of statewide policies, of statewide programs, and
of recommendations on actions that should be taken by the state
to align workforce, education, training, and employment funding
programs in the state in a manner that supports a comprehensive
and streamlined workforce development system in the state,
including the review and provision of comments on the State Plan,
if any, for programs and activities of one-stop partners that are
not core programs.

end insert

(d) Developing and continuously improving the statewide
workforce investment begin delete system as delivered via the one-stop delivery
system and via other programs and services supported by funding
from the federal Workforce Investment Act of 1998, end delete begin insert system, end insert
including:

begin delete

(1) Developing linkages in order to ensure coordination and
nonduplication among workforce programs and activities.

(2) Reviewing local workforce investment plans.

(3) Leveraging state and federal funds to ensure that resources
are invested in activities that meet the needs of the state’s
competitive and emerging industry sectors and advance the
education and employment needs of students and workers so they
can keep pace with the education and skill needs of the state, its
regional economies, and leading industry sectors.

(e) Commenting, at least once annually, on the measures taken
pursuant to the Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990 (Public Law 101-392; 20
U.S.C. Sec. 2301 et seq.).

(f) Designating local workforce investment areas within the
state based on information derived from all of the following:

(1) Consultations with the Governor.

(2) Consultations with the chief local elected officials.

(3) Consideration of comments received through the public
comment process, as described in Section 112(b)(9) of the federal
Workforce Investment Act of 1998.

(g) Developing and modifying allocation formulas, as necessary,
for the distribution of funds for adult employment and training
activities, for youth activities to local workforce investment areas,
and dislocated worker employment and training activities, as
permitted by federal law.

end delete begin insert

(1) The identification of barriers and means for removing
barriers to better coordinate, align, and avoid duplication among
the programs and activities carried out through the system.

end insert begin insert

(2) The development of strategies to support the use of career
pathways for the purpose of providing individuals, including
low-skilled adults, youth, and individuals with barriers to
employment, including individuals with disabilities, with workforce
investment activities, education, and supportive services to enter
or retain employment. To the extent permissible under state and
federal laws, these policies and strategies should support linkages
between kindergarten and grades 1 to 12, inclusive, and community
college educational systems in order to help secure educational
and career advancement. These policies and strategies may be
implemented using a sector strategies framework and should
ultimately lead to placement in a job providing economic security
or job placement in an entry-level job that has a well-articulated
career pathway or career ladder to a job providing economic
security.

end insert begin insert

(3) The development of strategies for providing effective
outreach to and improved access for individuals and employers
who could benefit from services provided through the workforce
development system.

end insert begin insert

(4) The development and expansion of strategies for meeting
the needs of employers, workers, and jobseekers, particularly
through industry or sector partnerships related to in-demand
industry sectors and occupations, including policies targeting
resources to competitive and emerging industry sectors and
industry clusters that provide economic security and are either
high-growth sectors or critical to California’s economy, or both.
These industry sectors and clusters shall have significant economic
impacts on the state and its regional and workforce development
needs and have documented career opportunities.

end insert begin insert

(5) Recommending adult and dislocated worker training policies
and investments that offer a variety of career opportunities while
upgrading the skills of California’s workforce. These may include
training policies and investments pertaining to any of the following:

end insert begin insert

(A) Occupational skills training, including training for
nontraditional employment.

end insert begin insert

(B) On-the-job training.

end insert begin insert

(C) Incumbent worker training in accordance with Section
3174(d)(4) of Title 29 of the United States Code.

end insert begin insert

(D) Programs that combine workplace training with related
instruction, which may include cooperative education programs.

end insert begin insert

(E) Training programs operated by the private sector.

end insert begin insert

(F) Skill upgrading and retraining.

end insert begin insert

(G) Entrepreneurial training.

end insert begin insert

(H) Transitional jobs in accordance with Section 3174 (d)(5)
of Title 29 of the United States Code.

end insert begin insert

(I) Job readiness training provided in combination with any of
the services described in subparagraphs (A) to (H), inclusive.

end insert begin insert

(J) Adult education and literacy activities provided in
combination with any of the services described subparagraphs (A)
to (G), inclusive.

end insert begin insert

(K) Customized training conducted with a commitment by an
employer or group of employers to employ an individual upon
successful completion of the training.

end insert begin insert

(e) The identification of regions, including planning regions,
for the purposes of Section 3121(a) of Title 29 of the United States
Code, and the designation of local areas under Section 3121 of
Title 29 of the United States Code, after consultation with local
boards and chief elected officials.

end insert begin delete

(h) Coordinating the

end delete

begin insert (f) end insert begin insert   end insert begin insert The end insert development and continuous improvement of
begin delete comprehensive state performance measures, including state
adjusted levels of performance, to assess the effectiveness of the
workforce investment activities in the state end delete begin insert the one-stop delivery
system in local areas, including providing assistance to local
boards, one-stop operators, one-stop partners, and providers with
planning and delivering services, including training services and
supportive services, to support effective delivery of services to
workers, job seekers, and employers end insert .

begin delete

(i) Preparing the annual report to the United States Secretary of
Labor.

end delete begin delete

(j) Recommending policy for the development of the statewide
employment statistics system, including workforce and economic
data, as described in Section 49l-2 of Title 29 of the United States
Code, and using, to the fullest extent possible, the Employment
Development Department’s existing labor market information
systems.

end delete begin delete

(k)

end delete

begin insert (g) end insert  Recommending strategies to the Governor for strategic
training investments of the Governor’s 15-percent discretionary
funds.

begin delete

(l)

end delete

begin insert (h) end insert  Developing begin delete and recommending waivers, in conjunction with
local workforce investment boards, to the Governor as provided
for in the federal Workforce Investment Act of 1998 end delete begin insert strategies to
support staff training and awareness across programs supported
under the workforce development system end insert .

begin delete

(m) Recommending policy to the Governor for the use of the
25-percent rapid response funds, as authorized under the federal
Workforce Investment Act of 1998.

end delete begin delete

(n) Developing an application to the United States Department
of Labor for an incentive grant under Section 9273 of Title 20 of
the United States Code.

end delete begin insert

(i) The development and updating of comprehensive state
performance accountability measures, including state adjusted
levels of performance, to assess the effectiveness of the core
programs in the state as required under Section 3141(b) of Title
29 of the United States Code. As part of this process the board
shall do all of the following:

end insert begin delete

(o) (1) Developing

end delete

begin insert (1) end insert begin insert   end insert begin insert Develop end insert a workforce metrics dashboard, to be updated
annually, that measures the state’s human capital investments in
workforce development to better understand the collective impact
of these investments on the labor market. The workforce metrics
dashboard shall be produced using existing available data and
resources that are currently collected and accessible to state
agencies. The board shall convene workforce program partners to
develop a standardized set of inputs and outputs for the workforce
metrics dashboard. The workforce metrics dashboard shall do all
of the following:

(A) Provide a status report on credential attainment, training
completion, degree attainment, and participant earnings from
workforce education and training programs. The board shall publish
and distribute the final report.

(B) Provide demographic breakdowns, including, to the extent
possible, race, ethnicity, age, gender, veteran status, wage and
credential or degree outcomes, and information on workforce
outcomes in different industry sectors.

(C) Measure, at a minimum and to the extent feasible with
existing resources, the performance of the following workforce
programs: community college career technical education, the
Employment Training Panel, Title I and Title II of the federal
Workforce Investment Act of 1998, Trade Adjustment Assistance,
and state apprenticeship programs.

(D) Measure participant earnings in California, and to the extent
feasible, in other states. The Employment Development Department
shall assist the board by calculating aggregated participant earnings
using unemployment insurance wage records, without violating
any applicable confidentiality requirements.

(2) The State Department of Education is hereby authorized to
collect the social security numbers of adults participating in adult
education programs so that accurate participation in those programs
can be represented in the report card. However, an individual shall
not be denied program participation if he or she refuses to provide
a social security number. The State Department of Education shall
keep this information confidential and shall only use this
information for tracking purposes, in compliance with all applicable
state and federal law.

(3) (A) Participating workforce programs, as specified in clause
subparagraph (C) of paragraph (1), shall provide participant data
in a standardized format to the Employment Development
Department.

(B) The Employment Development Department shall aggregate
data provided by participating workforce programs and shall report
the data, organized by demographics, earnings, and industry of
employment, to the board to assist the board in producing the
annual workforce metrics dashboard.

begin insert

(j) The identification and dissemination of information on best
practices, including best practices for all of the following:

end insert begin insert

(1) The effective operation of one-stop centers, relating to the
use of business outreach, partnerships, and service delivery
strategies, including strategies for serving individuals with barriers
to employment.

end insert begin insert

(2) The development of effective local boards, which may include
information on factors that contribute to enabling local boards to
exceed negotiated local levels of performance, sustain fiscal
integrity, and achieve other measures of effectiveness.

end insert begin insert

(3) Effective training programs that respond to real-time labor
market analysis, that effectively use direct assessment and prior
learning assessment to measure an individual's prior knowledge,
skills, competencies, and experiences, and that evaluate such skills,
and competencies for adaptability, to support efficient placement
into employment or career pathways.

end insert begin insert

(k) The development and review of statewide policies affecting
the coordinated provision of services through the state's one-stop
delivery system described in Section 3151(e) of Title 29 of the
United States Code, including the development of all of the
following:

end insert begin insert

(1) Objective criteria and procedures for use by local boards
in assessing the effectiveness and continuous improvement of
one-stop centers described in Section 3151(e) of Title 29 of the
United States Code.

end insert begin insert

(2) Guidance for the allocation of one-stop center infrastructure
funds under Section 3151(h) of Title 29 of the United States Code.

end insert begin insert

(3) Policies relating to the appropriate roles and contributions
of entities carrying out one-stop partner programs within the
one-stop delivery system, including approaches to facilitating
equitable and efficient cost allocation in such system.

end insert begin insert

(l) The development of strategies for technological improvements
to facilitate access to, and improve the quality of, services and
activities provided through the one-stop delivery system, including
such improvements to all of the following:

end insert begin insert

(1) Enhance digital literacy skills, as defined in Section 9101
of Title 20 of the United States Code, referred to in this division
as “digital literacy skills.”

end insert begin insert

(2) Accelerate the acquisition of skills and recognized
postsecondary credentials by participants.

end insert begin insert

(3) Strengthen the professional development of providers and
workforce professionals.

end insert begin insert

(4) Ensure the technology is accessible to individuals with
disabilities and individuals residing in remote areas.

end insert begin insert

(m) The development of strategies for aligning technology and
data systems across one-stop partner programs to enhance service
delivery and improve efficiencies in reporting on performance
accountability measures, including the design and implementation
of common intake, data collection, case management information,
and performance accountability measurement and reporting
processes and the incorporation of local input into such design
and implementation, to improve coordination of services across
one-stop partner programs.

end insert begin insert

(n) The development of allocation formulas for the distribution
of funds for employment and training activities for adults, and
youth workforce investment activities, to local areas as permitted
under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
States Code.

end insert begin insert

(o) The preparation of the annual reports described in
paragraphs (1) and (2) of Section 3141(d) of Title 29 of the United
States Code.

end insert begin insert

(p) The development of the statewide workforce and labor
market information system described in Section 49l-2(e) of Title
29 of the United States Code.

end insert begin insert

(q) The development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the state.

end insert

SEC. 13.  

Section 14017 of the Unemployment Insurance Code
is amended to read:

14017.  

(a) In efforts to expand job training and employment
for allied health professions, the California Workforce begin delete Investment end delete
begin insert Development end insert Board, in consultation with the Division of
Apprenticeship Standards, shall do the following:

(1) Identify opportunities for “earn and learn” job training
opportunities that meet the industry’s workforce demands and that
are in high-wage, high-demand jobs.

(2) Identify and develop specific requirements and qualifications
for entry into “earn and learn” job training models.

(3) Establish standards for “earn and learn” job training
programs that are outcome oriented and accountable. The standards
shall measure the results from program participation, including a
measurement of how many complete the program with an
industry-recognized credential that certifies that the individual is
ready to enter the specific allied health profession for which he or
she has been trained.

(4) Develop means to identify, assess, and prepare a pool of
qualified candidates seeking to enter “earn and learn” job training
models.

(b) (1) The board, on or before December 1, 2015, shall prepare
and submit to the appropriate policy committees of the Legislature
a report on the findings and recommendations of the board.

(2) The requirement for submitting a report imposed pursuant
to this subdivision is inoperative on January 1, 2019, pursuant to
Section 10231.5 of the Government Code.

SEC. 14.  

The heading of Article 2 (commencing with Section
14020) of Chapter 3 of Division 7 of the Unemployment Insurance
Code is amended to read:

 

Article 2.  State Planning begin insert and Sectors end insert

 

SEC. 15.  

Section 14020 of the Unemployment Insurance Code
is amended to read:

14020.  

(a) The California Workforce begin delete Investment end delete begin insert Development end insert
Board, in collaboration with state and local partners, including the
Chancellor of the California Community Colleges, the State
Department of Education, other appropriate state agencies, and
local workforce begin delete investment end delete begin insert development end insert boards, shall develop begin delete a
strategic workforce plan end delete begin insert the State Plan end insert to serve as a framework
for the development of public policy, begin insert employment services, end insert fiscal
investment, and operation of all state labor exchange, workforce
education, and training programs to address the state’s economic,
demographic, and workforce needs. The strategic workforce plan
shall begin delete also serve as the framework for the single state plan required
by the federal Workforce Investment Act of 1998. The plan shall
be updated at least every five years end delete begin insert be prepared in a manner
consistent with the requirements of the federal Workforce
Innovation and Opportunity Act of 2014 end insert .

(b)  begin delete The state end delete begin insert Consistent with the federal Workforce Innovation
and Opportunity Act, the State Plan end insert shall begin delete develop a California
Industry Sector Initiative that will serve as the cornerstone of the
state plan and provide a framework for state workforce investments
and support for end delete begin insert provide a framework for state workforce policies
and support end insert sector strategies.

(c) The California Workforce begin delete Investment end delete begin insert Development end insert Board
shall work collaboratively with state and local partners to identify
ways to eliminate systemwide barriers and better align and leverage
federal, state, and local Workforce begin delete Investment end delete begin insert Innovation and
Opportunity end insert Act funding streams begin insert , and other funding streams, end insert and
policies to develop, support, and sustain regional alliances of
employers and workforce and education professionals who are
working to improve the educational pipeline, establish
well-articulated career pathways, provide industry-recognized begin delete credentials and certificates, end delete begin insert credentials, certificates, and recognized
postsecondary credentials, end insert and address the career advancement
needs of current and future workers in competitive and emergent
industry sectors and clusters. The California Workforce begin delete Investment end delete
begin insert Development end insert Board and its partners shall work collaboratively to
maximize state and local investments and pursue other resources
to address the skills-gap needs identified pursuant to paragraph
(3) of subdivision (d).

(d) In order to support the requirement of the plans in
subdivision (a), the California Workforce begin delete Investment end delete begin insert Development end insert
Board shall do the following:

(1)  begin delete Annually identify end delete begin insert Identify end insert industry sectors and industry
clusters that have a competitive economic advantage and
demonstrated economic importance to the state and its regional
economies. In developing this analysis, the California Workforce
begin delete Investment end delete begin insert Development end insert Board shall consider the expertise of
local workforce begin delete investment end delete begin insert development end insert boards in the state’s
respective regional economies and shall encourage the local
workforce begin delete investment end delete begin insert development end insert boards to identify industry
sectors and industry clusters that have a competitive economic
advantage and demonstrated economic importance in their
respective local workforce begin delete investment end delete begin insert development end insert areas.

(2)  begin delete Annually identify end delete begin insert Identify end insert new dynamic emergent industry
sectors and industry clusters with substantial potential to generate
new jobs and income growth for the state and its regional
economies. In developing this analysis, the California Workforce
begin delete Investment end delete begin insert Development end insert Board shall consider the expertise of
local workforce begin delete investment end delete begin insert development end insert boards in the state’s
respective regional economies and shall encourage the local
workforce begin delete investment end delete begin insert development end insert boards to identify new dynamic
emergent industry sectors and industry clusters with substantial
potential to generate new jobs and income growth in their
respective local workforce begin delete investment end delete begin insert development end insert areas.

(3) Provide begin delete an annual end delete begin insert a end insert skills-gap analysis enumerating
occupational and skills shortages in the industry sectors and
industry clusters identified as having strategic importance to the
state’s economy and its regional economies. In developing this
analysis, the California Workforce begin delete Investment end delete begin insert Development end insert Board
shall consider the expertise of local workforce begin delete investment end delete
begin insert development end insert boards in the state’s respective regional economies
and shall encourage the local workforce begin delete investment end delete begin insert development end insert
boards to conduct skills-gap analysis for their respective local
workforce begin delete investment end delete begin insert development end insert areas. Skills-gap analysis for
the state and its regional economies shall use labor market data to
specify a list of high-priority, in-demand occupations for the state
and its regional economies. This list shall be used to inform
investment decisions and eligible training provider policies.

(4) Establish, with input from local workforce begin delete investment end delete
begin insert development end insert boards and other stakeholders, initial and subsequent
eligibility criteria for the federal Workforce begin delete Investment Act of
1998 end delete begin insert Innovation and Opportunity Act of 2014 end insert eligible training
provider list that effectively directs training resources into training
programs leading to employment in high-demand, high-priority,
and occupations that provide economic security, particularly those
facing a shortage of skilled workers. The subsequent eligibility
criteria, to the extent feasible, shall use performance and outcome
measures to determine whether a provider is qualified to remain
on the list. At a minimum, initial and subsequent eligibility criteria
shall consider the following:

(A) The relevance of the training program to the workforce
needs of the state’s strategic industry sectors and industry clusters.

(B) The need to plug skills gaps and skills shortages in the
economy, including skills gaps and skills shortages at the state and
regional level.

(C) The need to plug skills gaps and skills shortages in local
workforce begin delete investment end delete begin insert development end insert areas.

(D) The likelihood that the training program will lead to job
placement in a job providing economic security or job placement
in an entry-level job that has a well-articulated career pathway or
career ladder to a job providing economic security.

(E) The need for basic skills begin delete and bridge training end delete begin insert in combination
with end insert programs that provide begin delete access to end delete occupational skills training
for individuals with barriers to employment and those who would
otherwise be unable to enter occupational skills training.

(F) To the extent feasible, utilize criteria that measure training
and education provider performance, including, but not limited to,
the following:

(i) Measures of skills or competency attainment.

(ii) Measures relevant to program completion, including
measures of course, certificate, degree, licensure, and program of
study rate of completion.

(iii) For those entering the labor market, measures of
employment placement and retention.

(iv) For those continuing in training or education, measures of
educational or training progression.

(v) For those who have entered the labor market, measures of
income, including wage measures.

(G) The division of labor for making initial and subsequent
eligibility determinations under this division shall be modeled on
the division of labor envisioned in the federal Workforce
begin delete Investment Act of 1998 in that the state board shall establish, with
input from local workforce investment boards and other
stakeholders, the initial and subsequent eligibility procedures and
criteria utilized by local workforce investment boards to assess
training provider performance. The local boards shall have the
authority to place and retain training providers on the list, and shall
provide relevant performance data pertaining to the training
provider criteria established pursuant to this division to a state
agency designated by the Governor. The relevant state agency
shall also have the authority to remove training providers for
nonperformance, provided they do not meet the performance
criteria established pursuant to this division end delete begin insert Innovation and
Opportunity Act of 2014 end insert .

(H) If the state receives a waiver from the federal subsequent
eligibility provisions specified in the federal Workforce begin delete Investment
Act of 1998, end delete begin insert Innovation and Opportunity Act of 2014, end insert the state
workforce begin delete investment end delete begin insert development end insert board shall establish its own
subsequent eligibility criteria that take into account all of the
criteria specified in subparagraphs (A) to (G), inclusive.

SEC. 16.  

Section 14022 of the Unemployment Insurance Code
is repealed.

begin delete

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 green collar strategic initiative
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.

end delete

SEC. 17.  

The heading of Article 1 (commencing with Section
14200) of Chapter 4 of Division 7 of the Unemployment Insurance
Code is amended to read:

 

Article 1.  Local Workforce begin delete Investment end delete begin insert Development end insert Board

 

SEC. 18.  

Section 14200 of the Unemployment Insurance Code
is amended to read:

14200.  

(a) The local chief elected officials in a local workforce
development area shall form, pursuant to guidelines established
by the Governor and the board, a local workforce begin delete investment end delete
begin insert development end insert board to plan and oversee the workforce investment
system.

(b) The Governor shall begin insert periodically end insert certify one local board for
each local area in the begin delete state once every two years, end delete begin insert state, end insert following
the requirements of the federal Workforce begin delete Investment Act of 1998 end delete
begin insert Innovation and Opportunity Act of 2014 end insert .

(c) The Governor shall establish, through the California
Workforce begin delete Investment end delete begin insert Development end insert Board, standards for
certification of high-performance local workforce begin delete investment end delete
begin insert development end insert boards. The California Workforce begin delete Investment end delete
begin insert Development end insert Board shall, in consultation with representatives
from local workforce begin delete investment end delete begin insert development end insert boards, initiate a
stakeholder process to determine the appropriate measurable
metrics and standards for high-performance certification. These
standards shall be implemented on or before January 1, 2013, and
the first certification of high-performance boards shall occur on
or before July 1, 2013. Certification and recertification of each
high-performance local workforce begin delete investment end delete begin insert development end insert board
shall occur thereafter begin delete at least once every two years end delete begin insert midway through
the implementation of the local and regional plans required by the
Workforce Innovation and Opportunity Act end insert . In order to meet the
standards for certification, a high-performance local workforce
begin delete investment end delete begin insert development end insert board shall do all of the following:

(1) Consistently meet or exceed negotiated performance goals
for all of the measures in each of the three federal Workforce
begin delete Investment Act of 1998 end delete begin insert Innovation and Opportunity Act of 2014 end insert
customer groups, which consist of adults, dislocated workers, and
youth.

(2) Consistently meet the statutory requirements of this division.

(3) Develop and implement local policies and a local strategic
plan that meets all of the following requirements:

(A)  begin delete Is separate and apart from the local plan required end delete begin insert Meets all
local and regional planning requirements specified end insert under the
federal Workforce begin delete Investment Act of 1998 end delete begin insert Innovation and
Development Act of 2014 end insert .

(B) Is consistent with the California Workforce begin delete Investment end delete
begin insert Development end insert Board begin delete strategic plan end delete begin insert State Plan end insert .

(C) Describes the actions that the board shall take to implement
local policies in furtherance of its goals.

(D) Serves as a written account of intended future courses of
action aimed at achieving the specific goals of the local and state
board within a specific timeframe.

(E) Explains what needs to be done, by whom, and when each
action is required to occur in order to meet those goals.

(4) Demonstrate that the local planning process involves key
stakeholders, including the major employers and industry groups
in the relevant regional economy and organized labor.

(5) Demonstrate that the local planning process takes into
account the entire workforce training pipeline for the relevant
regional economy, including partners in K-12 education, career
technical education, the community college system, other
postsecondary institutions, and other local workforce begin delete investment end delete
begin insert development end insert areas operating in relevant regional economy.

(6) Demonstrate that the local planning process and plan are
data driven, and that policy decisions at the local level are evidence
based. Each high-performance local workforce begin delete investment end delete
begin insert development end insert board shall use labor market data to develop and
implement the local plan, taking care to steer resources into
programs and services that are relevant to the needs of each
workforce begin delete investment end delete begin insert development end insert area’s relevant regional labor
market and high-wage industry sectors. Local workforce begin delete investment end delete
begin insert development end insert areas shall demonstrate an evidence-based approach
to policymaking by establishing performance benchmarks and
targets to measure progress toward local goals and objectives.

(7) Demonstrate investment in workforce initiatives, and,
specifically, training programs that promote skills development
and career ladders relevant to the needs of each workforce
investment area’s regional labor market and high-wage industry
sectors.

(8) Establish a youth strategy aligned with the needs of each
workforce investment area’s regional labor market and high-wage
industry sectors.

(9) Establish a business service plan that integrates local
business involvement with workforce initiatives. This plan at a
minimum shall include all of the following:

(A) Efforts to partner with businesses to identify the workforce
training and educational barriers to attract jobs in the relevant
regional economy, existing skill gaps reducing the competitiveness
of local businesses in the relevant regional economies, and potential
emerging industries that would likely contribute to job growth in
the relevant regional economy if investments were made for
training and educational programs.

(B) An electronic system for both businesses and job seekers
to communicate about job opportunities.

(C) A subcommittee of the local workforce begin delete investment end delete
begin insert development end insert board that further develops and makes
recommendations for the business service plan for each local
workforce begin delete investment end delete begin insert development end insert board in an effort to increase
employer involvement in the activities of the local workforce
begin delete investment end delete begin insert development end insert board. The subcommittee members should
be comprised of business representatives on the local workforce
begin delete investment end delete begin insert development end insert board who represent both the leading
industries and employers in the relevant regional economy and
potential emerging sectors that have significant potential to
contribute to job growth in the relevant regional economy if
investments were made for training and educational programs.

(d)  begin delete Beginning in the 2013-14 fiscal year, the end delete begin insert The end insert Governor and
the Legislature, as part of the annual budget process, in consultation
with the California Workforce begin delete Investment end delete begin insert Development end insert Board,
shall annually reserve a portion of the 15-percent discretionary
fund made available pursuant to the federal Workforce begin delete Investment
Act of 1998 end delete begin insert Innovation and Opportunity Act of 2014 end insert for the
purpose of providing performance incentives to high-performance
local workforce begin delete investment end delete begin insert development end insert boards. The remaining
discretionary funds shall continue to be available for other
discretionary purposes as provided for in the federal Workforce
begin delete Investment Act of 1998 end delete begin insert Innovation and Opportunity Act of 2014 end insert .

(e) Only a workforce begin delete investment end delete begin insert development end insert board that is
certified as a high-performance local workforce begin delete investment end delete
begin insert development end insert board by the California Workforce begin delete Investment end delete
begin insert Development end insert Board shall be eligible to receive any incentive
money reserved for high-performance local workforce begin delete investment end delete
begin insert development end insert boards, as described in subdivision (d). A board that
is not certified as a high-performance local workforce begin delete investment end delete
begin insert development end insert board shall not receive any portion of the money
reserved for high-performance local workforce begin delete investment end delete
begin insert development end insert boards, as described in subdivision (d) begin delete or any portion
of the state’s 15-percent discretionary fund end delete .

(f) The California Workforce begin delete Investment end delete begin insert Development end insert Board
shall establish a policy for the allocation of incentive moneys to
high-performance local workforce begin delete investment end delete begin insert development end insert boards.

(g)  begin delete The end delete begin insert To the extent permitted by the Workforce Innovation
and Opportunity Act of 2014, the end insert California Workforce begin delete Investment end delete
begin insert Development end insert Board may consider the utilization of incentive begin delete grants
pursuant to the federal Workforce Investment Act of 1998 (29
U.S.C. Sec. 2864(a)(2)(B)(iii)), end delete begin insert grants, or direct assistance, or
both, to local workforce development boards end insert for the purposes of
this section.

(h) There shall not be a requirement to set aside federal
Workforce begin delete Investment Act of 1998 end delete begin insert Innovation and Opportunity
Act of 2014 end insert funds for the purposes of subdivisions (d), (e), (f), or
(g) in years when the federal government significantly reduces the
share of federal Workforce begin delete Investment Act of 1998 end delete begin insert Innovation
and Opportunity Act of 2014 end insert funds appropriated to the state for
statewide discretionary purposes below the federal statutory amount
of 15 percent.

SEC. 19.  

Section 14201 of the Unemployment Insurance Code
is amended to read:

14201.  

Local workforce begin delete investment end delete begin insert development end insert boards shall
be established in each local workforce begin delete investment end delete begin insert development end insert
area of the state to assist the local chief elected official in planning,
oversight, and evaluation of local workforce investment. The local
board shall promote effective outcomes consistent with statewide
goals, objectives, and negotiated local performance standards.

SEC. 20.  

Section 14202 of the Unemployment Insurance Code
is repealed.

begin delete

14202.  

Membership of the local board shall be appointed by
the local chief elected official using criteria established by the
Governor and the board, and shall include:

(a) Representatives of business in the local area appointed from
among individuals nominated by local business organizations and
business trade associations and that reflect employment
opportunities of the local area. Business representatives shall be
owners of businesses, chief executives, or operating officers of
businesses or other business executives, including human resources
executives, or employers with optimum policymaking or hiring
authority.

(b) Representatives of local educational entities, including
representatives of local educational agencies, local school boards,
entities providing adult education and literacy activities, public
and private postsecondary educational institutions, including
representatives of community colleges, selected from among
individuals nominated by regional or local educational agencies,
institutions, or organizations representing local educational entities.

(c)  Representatives of labor organizations nominated by local
labor federations, including a representative of an apprenticeship
program. At least 15 percent of local board members shall be
representatives of labor organizations unless the local labor
federation fails to nominate enough members. If this occurs, then
at least 10 percent of the local board members shall be
representatives of labor organizations.

(d) Representatives of local community-based organizations,
including organizations representing individuals with disabilities
and veterans, and organizations that serve populations with barriers
to employment, such as the economically disadvantaged, youth,
farmworkers, homeless, and immigrants.

(e) Representatives of economic development agencies,
including private sector economic development entities.

(f) Representatives of each of the one-stop partners.

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

end delete

SEC. 21.  

Section 14202 is added to the Unemployment
Insurance Code, to read:

14202.  

The Governor, in partnership with the board, shall
establish criteria for use by chief elected officials in the local areas
for appointment of members of the local boards. Such criteria shall
require that, at a minimum, all of the following:

(a) A majority of the members of each local board shall be
representatives of business in the local area, who:

(1) Are owners of businesses, chief executives or operating
officers of businesses, or other business executives or employers
with optimum policymaking or hiring authority.

(2) Represent businesses, including small businesses, or
organizations representing businesses described in this subdivision,
that provide employment opportunities that, at a minimum, include
high-quality, work-relevant training and development in in-demand
industry sectors or occupations in the local area.

(3) Are appointed from among individuals nominated by local
business organizations and business trade associations.

(b) Not less than 20 percent of the members of each local board
shall be representatives of the workforce within the local area,
who:

(1) Shall include representatives of labor organizations, for a
local area in which employees are represented by labor
organizations, who have been nominated by local labor federations
and these representatives shall amount to not less than 15 percent
of local board membership. For a local area in which no employees
are represented by such organizations other representatives of
employees shall be appointed to the board but any local board that
appoints representatives of employees that are not nominated by
local labor federations shall demonstrate that no employees are
represented by such organizations in the local area.

(2) Shall include a representative, who shall be a member of a
labor organization or a training director, from a joint
labor-management apprenticeship program, or if no such joint
program exists in the area, such a representative of a state-approved
apprenticeship program in the area, if such a program exists.

(3) May include representatives of community-based
organizations that have demonstrated experience and expertise in
addressing the employment needs of individuals with barriers to
employment, including organizations that serve veterans or that
provide or support competitive integrated employment for
individuals with disabilities.

(4) May include representatives of organizations that have
demonstrated experience and expertise in addressing the
employment, training, or education needs of eligible youth,
including representatives of organizations that serve out-of-school
youth.

(c) Each local board shall include representatives of entities
administering education and training activities in the local area,
who:

(1) Shall include a representative of eligible providers
administering adult education and literacy activities under Title II
of the Workforce Innovation and Opportunity Act.

(2) Shall include a representative of institutions of higher
education providing workforce investment activities, including
community colleges.

(3) May include representatives of local educational agencies,
and of community-based organizations with demonstrated
experience and expertise in addressing the education or training
needs of individuals with barriers to employment.

(d) Each local board shall include representatives of
governmental and economic and community development entities
serving the local area, who:

(1) Shall include a representative of economic and community
development entities.

(2) Shall include an appropriate representative from the state
employment service office under the Wagner-Peyser Act (29 U.S.C.
49 et seq.) serving the local area.

(3) Shall include an appropriate representative of the programs
carried out under Title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than Section 112 or Part C of that Title
(29 U.S.C. 732, 741), serving the local area.

(4) Shall include an appropriate representative of the programs
carried out under Title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than Section 112 or Part C of that Title
(29 U.S.C. 732, 741), serving the local area.

(5) May include representatives of philanthropic organizations
serving the local area.

(e) Each local board may include such other individuals or
representatives of entities as the chief elected official in the local
area may determine to be appropriate.

SEC. 22.  

Section 14203 of the Unemployment Insurance Code
is repealed.

begin delete

14203.  

Membership of local boards may include other
individuals or representatives of entities as the local elected official
in the local area may determine to be appropriate. A single member
of the local board may be appointed to represent multiple
constituencies on the local board.

end delete

SEC. 23.  

Section 14204 of the Unemployment Insurance Code
is repealed.

begin delete

14204.  

A majority of the members of the local board shall be
representatives of businesses in the local area.

end delete

SEC. 24.  

Section 14206 of the Unemployment Insurance Code
is repealed.

begin delete

14206.  

It shall be the duty of the local board to do all of the
following:

(a) Coordinate workforce investment activities in the local area
with economic development strategies.

(b) Promote participation of private sector employers in the
local workforce investment system.

(c) Develop and submit a local workforce investment plan to
the Governor.

(d) Select one-stop operators, with the agreement of the local
chief elected official, annually review their operations, and
terminate for cause the eligibility of such operators.

(e) Award grants or contracts to eligible providers of youth
activities in the local area on a competitive basis, consistent with
the Workforce Investment Act of 1998, based upon the
recommendations of the youth council.

(f) Identify, consistent with the Workforce Investment Act of
1998, eligible providers of training services.

(g) Identify eligible providers of intensive services and, when
the one-stop operator does not provide intensive services to the
local area, award contracts to those providers.

(h) Develop local policy on the amount and duration of
individual training accounts based upon the market rate for local
training programs.

(i) Conduct program oversight over workforce investment
activities in the local area.

(j) Negotiate with the local chief elected official in the local
area and the Governor on local performance measures for the local
area.

(k) Assist in the development of a statewide employment
statistics system, which shall be developed in conjunction with
and shall utilize to the fullest extent possible, the Employment
Development Department’s labor market information system.

end delete

SEC. 25.  

Section 14206 is added to the Unemployment
Insurance Code, to read:

14206.  

Consistent with the requirements of the Workforce
Innovation and Opportunity Act, the local board shall do all of the
following:

(a) In partnership with the chief elected official for the local
area involved, develop and submit a local plan to the Governor
that meets the requirements of the Workforce Innovation and
Opportunity Act. If the local area is part of a planning region that
includes other local areas, the local board shall collaborate with
the other local boards and chief elected officials from such other
local areas in the preparation and submission of a regional plan as
described in the Workforce and Innovation and Opportunity Act.

(b) In order to assist in the development and implementation of
the local plan, the local board shall do all of the following:

(1) Carry out analyses of the economic conditions in the region,
the needed knowledge and skills for the region, the workforce in
the region, and workforce development activities, including
education and training, in the region described in Section
3123(b)(1)(D) of Title 29 of the United States Code, and regularly
update such information.

(2) Assist the Governor in developing the statewide workforce
and labor market information system described in Section 15(e)
of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)), specifically in the
collection, analysis, and utilization of workforce and labor market
information for the region.

(3) Conduct such other research, data collection, and analysis
related to the workforce needs of the regional economy as the
board, after receiving input from a wide array of stakeholders,
determines to be necessary to carry out its functions.

(c) Convene local workforce development system stakeholders
to assist in the development of the local plan under Section 3123
of Title 29 of the United States Code and in identifying nonfederal
expertise and resources to leverage support for workforce
development activities. The local board, including standing
committees, may engage such stakeholders in carrying out the
functions described in this subdivision.

(d) Lead efforts to engage with a diverse range of employers
and with entities in the region involved to do all of the following:

(1) Promote business representation, particularly representatives
with optimal policymaking or hiring authority from employers
whose employment opportunities reflect existing and emerging
employment opportunities in the region, on the local board.

(2) Develop effective linkages, including the use of
intermediaries, with employers in the region to support employer
utilization of the local workforce development system and to
support local workforce investment activities.

(3) Ensure that workforce investment activities meet the needs
of employers and support economic growth in the region, by
enhancing communication, coordination, and collaboration among
employers, economic development entities, and service providers.

(4) Develop and implement proven or promising strategies for
meeting the employment and skill needs of workers and employers,
like the establishment of industry and sector partnerships, that
provide the skilled workforce needed by employers in the region,
and that expand employment and career advancement opportunities
for workforce development system participants in in-demand
industry sectors or occupations.

(e) With representatives of secondary and postsecondary
education programs, lead efforts in the local area to develop and
implement career pathways within the local area by aligning the
employment, training, education, and supportive services that are
needed by adults and youth, particularly individuals with barriers
to employment.

(f) Lead efforts in the local area to accomplish both of the
following:

(1) Identify and promote proven and promising strategies and
initiatives for meeting the needs of employers, and workers and
jobseekers, including individuals with barriers to employment, in
the local workforce development system, including providing
physical and programmatic accessibility, in accordance with
Section 3248 of Title 29 of the United States Code, if applicable,
and applicable provisions of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), to the one-stop delivery system.

(2) Identify and disseminate information on proven and
promising practices carried out in other local areas for meeting
these needs.

(g) Develop strategies for using technology to maximize the
accessibility and effectiveness of the local workforce development
system for employers, and workers and jobseekers, by doing all
of the following:

(1) Facilitating connections among the intake and case
management information systems of the one-stop partner programs
to support a comprehensive workforce development system in the
local area.

(2) Facilitating access to services provided through the one-stop
delivery system involved, including facilitating the access in remote
areas.

(3) Identifying strategies for better meeting the needs of
individuals with barriers to employment, including strategies that
augment traditional service delivery, and increase access to services
and programs of the one-stop delivery system, such as improving
digital literacy skills.

(4) Leveraging resources and capacity within the local workforce
development system, including resources and capacity for services
for individuals with barriers to employment.

(h) In partnership with the chief elected official for the local
area, shall conduct oversight for local youth workforce investment
activities as required under the federal Workforce Innovation and
Opportunity Act, ensure the appropriate use and management of
the funds as required under the Workforce Innovation and
Opportunity Act, and, for workforce development activities, ensure
the appropriate use, management, and investment of funds to
maximize performance outcomes as required under the federal
Workforce Innovation and Opportunity Act.

(i) Negotiate and reach agreement on local performance
accountability measures, as described in Section 3141(c) of Title
29 of the United States Code, with the chief elected official and
the Governor.

(j) Select and provide access to system operators, service
providers, trainers, and educators, in a manner consistent with the
requirements of the Workforce Innovation and Opportunity Act
and applicable state laws, including all of the following:

(1) Consistent with Section 3151(d) of Title 29 of the United
States Code, and with the agreement of the chief elected official
for the local area, designate or certify one-stop operators as
described in Section 3151(d)(2)(A) of Title 29 of the United States
Code and terminate for cause the eligibility of these operators.

(2) Consistent with Section 3153 of Title 29 of the United States
Code, identify eligible providers of youth workforce investment
activities in the local area by awarding grants or contracts on a
competitive basis, except as provided in Section 3153(b) of Title
29 of the United States Code, based on the recommendations of
the youth standing committee, if such a committee is established
for the local area and terminate for cause the eligibility of these
providers.

(3) Consistent with Section 3152 of Title 29 of the United States
Code and paragraph (4) of subdivision (d) of Section 14020,
identify eligible providers of training services in the local area.

(4) If the one-stop operator does not provide career services
described in Section 3174(c)(2) of Title 29 of the United States
Code in a local area, identify eligible providers of those career
services in the local area by awarding contracts.

(5) Consistent with Section 3152 of Title 29 of the United States
Code and paragraphs (2) and (3) of Section 3174(c) of Title 29 of
the United States Code, work with the state to ensure there are
sufficient numbers and types of providers of career services and
training services, including eligible providers with expertise in
assisting individuals with disabilities and eligible providers with
expertise in assisting adults in need of adult education and literacy
activities, serving the local area and providing the services involved
in a manner that maximizes consumer choice, as well as providing
opportunities that lead to competitive integrated employment for
individuals with disabilities.

(k) Consistent with the requirements of the Workforce
Innovation and Opportunity Act, coordinate activities with
education and training providers in the local area, including
providers of workforce development activities, providers of adult
education and literacy activities under Title II of the Workforce
Innovation and Opportunity Act, providers of career and technical
education, as defined in Section 2302 of Title 20 of the United
States Code, and local agencies administering plans under Title I
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than Section 112 or Part C of that Title (29 U.S.C. 732, 741).

SEC. 26.  

Section 14206.1 of the Unemployment Insurance
Code is repealed.

begin delete

14206.1.  

For purposes of disbursing economic recovery funds
made available as part of the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) to workforce
development programs, local workforce investment boards may
work directly with institutions of higher education and other
training providers approved by state or federal government
agencies, including private postsecondary institutions that
participate in the federal student financial aid programs under Title
IV of the Higher Education Act of 1965 and comply with
applicable regulations pursuant to the federal act, to quickly design
education and training to fit the needs of the job seekers and
employers they are serving.

end delete

SEC. 27.  

Section 14207 of the Unemployment Insurance Code
is amended to read:

14207.  

The local board, in order to carry out its functions:

(a) Shall prepare a budget for the purpose of carrying out the
duties of the local board as specified under this section, subject to
the approval of the local chief elected official.

(b) Shall direct the activities of the local board’s executive
director.

(c) May employ additional staff to carry out the activities as
described in the local board’s begin delete strategic end delete plan.

(d) May solicit and accept contributions and grant funds from
other sources.

(e) Shall not provide training services unless the Governor grants
a written waiver begin delete of this provision end delete begin insert in accordance with the process
outlined in the Workforce Innovation and Opportunity Act end insert .

begin delete

(f) Shall not provide other workforce investment services or be
designated as a one-stop operator without the agreement of the
local chief elected official and the Governor.

end delete begin insert

(f) May provide career services described in Section 3174(c)(2)
of Title 29 of the United States Code through a one-stop delivery
system or be designated or certified as a one-stop operator only
with the agreement of the chief elected official in the local area
and the Governor.

end insert

SEC. 28.  

Section 14208 of the Unemployment Insurance Code
is repealed.

begin delete

14208.  

A youth council shall be established as a subgroup
within each local board, appointed by the local board in cooperation
with the local chief elected official. Youth council membership
shall conform with the requirements of the Workforce Investment
Act of 1998.

end delete

SEC. 29.  

Section 14208 is added to the Unemployment
Insurance Code, to read:

14208.  

A local workforce development board may establish
as a standing committee to provide information and to assist with
planning, operational, and other issues relating to the provision of
services to youth, which shall include community-based
organizations with a demonstrated record of success in serving
eligible youth. Members of this committee shall be appointed in
conformity with the requirements of the federal Workforce
Innovation and Opportunity Act.

SEC. 30.  

Section 14209 of the Unemployment Insurance Code
is amended to read:

14209.  

It is the intent of the Legislature that when appointing
members to begin delete the youth council, end delete begin insert any standing committee on the
provision of youth services, end insert the local workforce investment board
and the local chief elected official begin insert shall endeavor to end insert appoint:

(a) Representatives of youth who are enrolled in school, and
out of school youth.

(b) Representatives from the private sector.

(c) Representatives of local educational agencies serving youth.

(d) Representatives of private nonprofit agencies serving youth.

(e) Representatives of apprenticeship training programs serving
youth.

SEC. 31.  

Section 14210 of the Unemployment Insurance Code
is repealed.

begin delete

14210.  

The youth council shall do all of the following:

(a) Develop the portions of the local plan relating to youth.

(b) Make recommendations of eligible providers of youth
activities for the award of grants or contracts on a competitive
basis by the local board to carry out youth activities.

(c) Leverage other youth program funds in the local area for the
purpose of improving the effectiveness of local youth programs
through collaborative planning, funding, and service delivery.

(d) Conduct oversight of eligible youth activities in the local
area.

(e) Make recommendations to the local board for connecting
youth program activities, including those provided by local
educational entities to the one-stop delivery system.

(f) Make recommendations to the local board for including
training in nontraditional occupations for women and girls and
preapprenticeship training in youth program activities.

end delete

SEC. 32.  

Section 14211 of the Unemployment Insurance Code
is amended to read:

14211.  

(a) (1) Beginning program year 2012, an amount equal
to at least 25 percent of funds available under Title I of the federal
Workforce begin delete Investment Act of 1998 (Public Law 105-220) end delete
begin insert Innovation and Opportunity Act of 2014 (Public Law 113-128) end insert
provided to local workforce investment boards for adults and
dislocated workers shall be spent on workforce training programs.
This minimum may be met either by spending 25 percent of those
base formula funds on training or by combining a portion of those
base formula funds with leveraged funds as specified in subdivision
(b).

(2) Beginning program year 2016, an amount equal to at least
30 percent of funds available under Title I of the federal Workforce
begin delete Investment Act of 1998 (Public Law 105-220) end delete begin insert Innovation and
Opportunity Act of 2014 (Public Law 113-128) end insert provided to local
workforce begin delete investment end delete begin insert development end insert boards for adults and dislocated
workers shall be spent on workforce training programs. This
minimum may be met either by spending 30 percent of those base
formula funds on training or by combining a portion of those base
formula funds with leveraged funds as specified in subdivision
(b).

(3) Expenditures that shall count toward the minimum
percentage of funds shall include only training services as defined
in Section begin delete 2864(d)(4)(D) end delete begin insert 3174(c)(3)(D) end insert of Title 29 of the United
States Code and begin delete Sections 663.300 and 663.508 of Title 20 end delete begin insert the
corresponding sections end insert of the Code of Federal Regulations,
including all of the following:

(A) Occupational skills training, including training for
nontraditional employment.

(B) On-the-job training.

(C) Programs that combine workplace training with related
instruction, which may include cooperative education programs.

(D) Training programs operated by the private sector.

(E) Skill upgrading and retraining.

(F) Entrepreneurial training.

begin insert

(G) Incumbent worker training in accordance with Section
3174(d)(4) of Title 29 of the United States Code.

end insert begin insert

(H) Transitional jobs in accordance with Section 3174(d)(5) of
Title 29 of the United States Code.

end insert begin delete

(G)

end delete

begin insert (I) end insert  Job readiness training begin insert provided in combination with any of
the services described in subparagraphs (A) to (H), inclusive. end insert .

begin delete

(H)

end delete

begin insert (J) end insert  Adult education and literacy activities provided in
combination with services described in any of subparagraphs (A)
to (G), inclusive.

begin delete

(I)

end delete

begin insert (K) end insert  Customized training conducted with a commitment by an
employer or group of employers to employ an individual upon
successful completion of the training.

(b) (1) Local workforce begin delete investment end delete begin insert development end insert boards may
receive a credit of up to 10 percent of their adult and dislocated
worker formula fund base allocations for public education and
training funds and private resources from industry and from joint
labor-management trusts that are leveraged by a local workforce
begin delete investment end delete begin insert development end insert board for training services described in
paragraph (3) of subdivision (a). This credit may be applied toward
the minimum training requirements in paragraphs (1) and (2) of
subdivision (a).

(A) Leveraged funds that may be applied toward the credit
allowed by this subdivision shall only include the following:

(i) Federal Pell Grants established under Title IV of the federal
Higher Education Act of 1965 (20 U.S.C. Sec. 1070 et seq.).

(ii) Programs authorized by the federal Workforce begin delete Investment
Act of 1998 (Public Law 105-220) end delete begin insert Innovation and Opportunity
Act of 2014 (Public Law 113-128) end insert .

(iii) Trade adjustment assistance.

(iv) Department of Labor National Emergency Grants.

(v) Match funds from employers, industry, and industry
associations.

(vi) Match funds from joint labor-management trusts.

(vii) Employment training panel grants.

(B) Credit for leveraged funds shall only be given if the local
workforce begin delete investment end delete begin insert development end insert board keeps records of all
training expenditures it chooses to apply to the credit. Training
expenditures may only be applied to the credit if the relevant
training costs can be independently verified by the Employment
Development Department and training participants must be
coenrolled in the federal Workforce begin delete Investment Act of 1998 end delete
begin insert Innovation and Opportunity Act of 2014 end insert performance monitoring
system.

(2) The use of leveraged funds to partially meet the training
requirements specified in paragraphs (1) and (2) of subdivision
(a) is the prerogative of a local workforce begin delete investment end delete begin insert development end insert
board. Costs arising from the recordkeeping required to
demonstrate compliance with the leveraging requirements of this
subdivision are the responsibility of the begin insert local end insert board.

(c) Beginning program year 2012, the Employment Development
Department shall calculate for each local workforce begin delete investment end delete
begin insert development end insert board, within six months after the end of the second
program year of the two-year period of availability for expenditure
of federal Workforce begin delete Investment Act of 1998 end delete begin insert Innovation and
Opportunity Act of 2014 end insert funds, whether the local workforce
begin delete investment end delete begin insert development end insert board met the requirements of subdivision
(a). The Employment Development Department shall provide to
each local workforce begin delete investment end delete begin insert development end insert board its individual
calculations with respect to the expenditure requirements of
subdivision (a).

(d) A local workforce begin delete investment end delete begin insert development end insert area that does
not meet the requirements of subdivision (a) shall submit a
corrective action plan to the Employment Development Department
that provides reasons for not meeting the requirements and
describes actions taken to address the identified expenditure
deficiencies. A local workforce begin delete investment end delete begin insert development end insert area shall
provide a corrective action plan to the Employment Development
Department pursuant to this section within 90 days of receiving
the calculations described in subdivision (c).

(e) For the purpose of this section, “program year” has the same
meaning as provided in Section 667.100 of Title 20 of the Code
of Federal Regulations.

SEC. 33.  

Section 14220 of the Unemployment Insurance Code
is amended to read:

14220.  

Each local board shall develop and submit to the
Governor a comprehensive begin delete five-year end delete begin insert four-year end insert local plan in
partnership with the appropriate chief local elected official. The
begin insert local end insert plan shall be consistent with the begin delete state workforce investment
plan end delete begin insert State Plan. If the local area is part of a planning region, the
local board shall comply with Section 3121(c) of Title 29 of the
United States Code in the preparation and submission of a regional
plan. At the end of the first two-year period of the four-year local
plan, each local board shall review the local plan and the local
board, in partnership with the chief elected official, shall prepare
and submit modifications to the local plan to reflect changes in
labor market and economic conditions or in other factors affecting
the implementation of the local plan end insert .

SEC. 34.  

Section 14221 of the Unemployment Insurance Code
is repealed.

begin delete

14221.  

The local plan shall include all of the following:

(a) A local labor market assessment which contains an
identification of local and regional workforce investment needs
of key industry sectors, businesses, jobseekers, and incumbent
workers in the local area, the current and projected employment
opportunities and the job skills necessary to obtain that
employment.

(b) A description of the local one-stop delivery system, including
all of the following:

(1) A description of how the local board will achieve system
integration that will improve services to employers, incumbent
workers, and jobseekers, and a description of local funding sources.

(2) A copy of each memorandum of understanding between the
local board and each of the one-stop partners concerning the
operation of the one-stop delivery system in the local area.

(c) A description of the local levels of performance negotiated
with the Governor and chief local elected official to be used to
measure the performance of the local area and the performance of
the local fiscal agent, eligible providers, and the one-stop delivery
system in the local area. Performance standards shall not create
disincentives for serving clients for whom it is more difficult to
provide service.

(d) A description and assessment of the type and availability of
adult and dislocated worker employment and training activities in
the local area.

(e) A description of how the local board will provide services
to the business community, including, but not limited to,
recruitment and staffing services, training, and development,
information and resources, and outplacement and business retention
services.

(f) A description of how the local board will coordinate
workforce investment activities carried out in the local area with
statewide rapid response activities, as appropriate.

(g) A description and assessment of the type and availability of
youth activities in the local area, including an identification of
successful providers of those activities.

(h) A description of the process used by the local board,
consistent with Section 14223, to provide an opportunity for public
comment, including comment by representatives of businesses,
labor organizations, and community-based organizations, and input
into the development of the local plan, prior to submission of the
plan.

(i) An identification of the entity, as prescribed in the Workforce
Investment Act of 1998, responsible for the disbursal of funds
under the Workforce Investment Act of 1998.

(j) A description of the competitive process to be used to award
the grants and contracts in the local area for activities carried out
under the Workforce Investment Act of 1998.

end delete

SEC. 35.  

Section 14221 is added to the Unemployment
Insurance Code, to read:

14221.  

The local plan shall include all of the following:

(a) A description of the strategic planning elements consisting
of each of the following:

(1) An analysis of the regional economic conditions, including,
existing and emerging in-demand industry sectors and occupations
and the employment needs of employers in those industry sectors
and occupations.

(2) An analysis of the knowledge and skills needed to meet the
employment needs of the employers in the region, including
employment needs in in-demand industry sectors and occupations.

(3) An analysis of the workforce in the region, including current
labor force employment and unemployment data, and information
on labor market trends, and the educational and skill levels of the
workforce in the region, including individuals with barriers to
employment.

(4) An analysis of the workforce development activities,
including education and training, in the region, including an
analysis of the strengths and weaknesses of such services, and the
capacity to provide such services, to address the identified
education and skill needs of the workforce and the employment
needs of employers in the region.

(5) A description of the local board's strategic vision and goals
for preparing an educated and skilled workforce, including youth
and individuals with barriers to employment, including goals
relating to the performance accountability measures based on
primary indicators of performance described in Section
3141(b)(2)(A) of Title 29 of the United States Code in order to
support regional economic growth and economic self-sufficiency.

(6) Taking into account analyses described in paragraphs (1) to
(4), inclusive, a strategy to work with the entities that carry out
the core programs to align resources available to the local area, to
achieve the strategic vision and goals described in paragraph (5).

(b) A description of the workforce development system in the
local area that identifies the programs that are included in that
system and how the local board will work with the entities carrying
out core programs and other workforce development programs to
support alignment to provide services, including programs of study
authorized under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), that support the
strategy identified in the State Plan under Section 3112(b)(1)(E)
of the Title 29 of the United States Code.

(c) A description of how the local board, working with the
entities carrying out core programs, will expand access to
employment, training, education, and supportive services for
eligible individuals, particularly eligible individuals with barriers
to employment, including how the local board will facilitate the
development of career pathways and co-enrollment, as appropriate,
in core programs, and improve access to activities leading to a
recognized postsecondary credential, including a credential that
is an industry-recognized certificate or certification, portable, and
stackable.

(d) A description of the strategies and services that will be used
in the local area in order to facilitate engagement of employers,
including small employers and employers in in-demand industry
sectors and occupations, in workforce development programs,
support a local workforce development system that meets the needs
of businesses in the local area, better coordinate workforce
development programs and economic development, and strengthen
linkages between the one-stop delivery system and unemployment
insurance programs. This may include the implementation of
initiatives such as incumbent worker training programs, on-the-job
training programs, customized training programs, industry and
sector strategies, career pathways initiatives, utilization of effective
business intermediaries, and other business services and strategies,
designed to meet the needs of employers in the corresponding
region in support of the strategy described in paragraph (5) of
subdivision (a).

(e) A description of how the local board will coordinate
workforce investment activities carried out in the local area with
economic development activities carried out in the region in which
the local area is located, or planning region, and promote
entrepreneurial skills training and microenterprise services.

(f) A description of the one-stop delivery system in the local
area, including all of the following:

(1) A description of how the local board will ensure the
continuous improvement of eligible providers of services through
the system and ensure that such providers meet the employment
needs of local employers, and workers and jobseekers.

(2) A description of how the local board will facilitate access
to services provided through the one-stop delivery system,
including in remote areas, through the use of technology and
through other means.

(3) A description of how entities within the one-stop delivery
system, including one-stop operators and the one-stop partners,
will comply with Section 3248 of Title 29 of the United States
Code, if applicable, and applicable provisions of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding
the physical and programmatic accessibility of facilities, programs
and services, technology, and materials for individuals with
disabilities, including providing staff training and support for
addressing the needs of individuals with disabilities.

(4) A description of the roles and resource contributions of the
one-stop partners.

(g) A description and assessment of the type and availability of
adult and dislocated worker employment and training activities in
the local area.

(h) A description of how the local board will coordinate
workforce investment activities carried out in the local area with
statewide rapid response activities, as described in Section
3174(a)(2)(A) of this Title 29 of the United States Code.

(i) A description and assessment of the type and availability of
youth workforce investment activities in the local area, including
activities for youth who are individuals with disabilities, which
description and assessment shall include an identification of
successful models of such youth workforce investment activities.

(j) A description of how the local board will coordinate
education and workforce investment activities carried out in the
local area with relevant secondary and postsecondary education
programs and activities to coordinate strategies, enhance services,
and avoid duplication of services.

(k) A description of how the local board will coordinate
workforce investment activities carried out under this article in
the local area with the provision of transportation, including public
transportation, and other appropriate supportive services in the
local area.

(l) A description of plans and strategies for, and assurances
concerning, maximizing coordination of services provided by the
state employment service under the Wagner-Peyser Act (29 U.S.C.
49 et seq.) and services provided in the local area through the
one-stop delivery system, to improve service delivery and avoid
duplication of services.

(m) A description of how the local board will coordinate
workforce investment activities carried out in the local area with
the provision of adult education and literacy activities in the local
area, including a description of how the local board will carry out,
consistent with subparagraphs (A) and (B)(i) of Section
3122(d)(11) of Title 29 of the United States Code and Section
3322 of Title 29 of the United States Code, the review of local
applications.

(n) A description of the replicated cooperative agreements, as
defined in Section 3122(d)(11) of Title 29 of the United States
Code between the local board or other local entities described in
section 101(a)(11)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
721(a)(11)(B)) and the local office of a designated state agency
or designated state unit administering programs carried out under
Title I of that act, other than Section 112 or Part C of that Title (29
U.S.C. 732, 741) and subject to Section 3151(f) of Title 29 of the
United States Code, in accordance with Section 101(a)(11) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)) with respect to
efforts that will enhance the provision of services to individuals
with disabilities and to other individuals, such as cross training of
staff, technical assistance, use and sharing of information,
cooperative efforts with employers, and other efforts at cooperation,
collaboration, and coordination.

(o) An identification of the entity responsible for the disbursal
of grant funds described in Section 3122(d)(12)(B)(i)(III) of Title
29 of the United States Code, as determined by the chief elected
official or the Governor under Section 3122(d)(12)(B)(i) of Title
29 of the United States Code.

(p) A description of the competitive process to be used to award
the subgrants and contracts in the local area for activities carried
out pursuant to this act.

(q) A description of the local levels of performance negotiated
with the Governor and chief elected official pursuant to Section
3141(c) of Title 29 of the United States Code, to be used to measure
the performance of the local area and to be used by the local board
for measuring the performance of the local fiscal agent, where
appropriate, eligible providers, and the one-stop delivery system,
in the local area.

(r) A description of the actions the local board will take toward
becoming or remaining a high-performing board, consistent with
the factors developed by the board pursuant to Section 3111(d)(6)
of Title 29 of the United States Code. This federal requirement is
separate and apart from state standards pertaining to the
certification of high-performance local workforce development
boards.

(s) A description of how training services will be provided in
accordance with Section 3174(c)(3)(G) of Title 29 of the United
States Code, including, if contracts for the training services will
be used, how the use of such contracts will be coordinated with
the use of individual training accounts and how the local board
will ensure informed customer choice in the selection of training
programs regardless of how the training services are to be provided.

(t) A description of the process used by the local board,
consistent with subsection (d), to provide an opportunity for public
comment, including comment by representatives of businesses and
comment by representatives of labor organizations, and input into
the development of the local plan, prior to submission of the plan.

(u) A description of how one-stop centers are implementing and
transitioning to an integrated, technology-enabled intake and case
management information system for programs carried out under
this act and programs carried out by one-stop partners.

(v) Any other information as the Governor may require.

SEC. 36.  

Section 14222 of the Unemployment Insurance Code
is amended to read:

14222.  

begin delete The end delete begin insert To the extent permitted under the federal Workforce
Innovation and Opportunity Act, the end insert local board may submit a
local unified plan that includes or integrates the local workforce
investment and other local workforce plans such as:

(a) An instructional and job training plan required by Section
10200 of the Education Code.

(b) A plan for community college curriculum development or
redesign required pursuant to Section 79202 of the Education Code.

(c) A county plan for CalWORKs required by Section 10531
of the Welfare and Institutions Code.

(d) A local welfare-to-work plan required by Section 5063, to
the extent permitted under federal law.

SEC. 37.  

Section 14223 of the Unemployment Insurance Code
is amended to read:

14223.  

begin delete The end delete begin insert Prior to the date upon which the local board
submits a local plan, the end insert local board shall make available copies
of a proposed local begin delete plan, end delete begin insert plan to the public through electronic and
other means, like public hearings and local news media, end insert allow
members of the begin delete local board and members of the public end delete begin insert public,
including representatives of business, representatives of labor
organizations, and representatives of education end insert to submit
comments on the proposed local plan to the local board not later
than the end of the 30-day period beginning on the date on which
the proposed local plan is made available and submit the plan to
the Governor along with any comments that were in disagreement
with the plan.

SEC. 38.  

Section 14230 of the Unemployment Insurance Code
is amended to read:

14230.  

(a) It is the intent of the Legislature that:

(1) California deliver comprehensive workforce services to
jobseekers, students, and employers through a system of one-stop
career centers.

(2) Services and resources target high-wage industry sectors
with career advancement opportunities.

(3) Universal access to begin delete core end delete begin insert career end insert services shall be available
to adult residents regardless of income, education, employment
barriers, or other eligibility requirements. begin delete Core end delete begin insert Career end insert services
shall include, but not be limited to:

(A) Outreach, intake, and orientation to services available
through the one-stop delivery system.

(B) Initial assessment of skill levels, aptitudes, abilities, and
supportive service needs.

(C) Job search and placement assistance.

(D) Career counseling, where appropriate.

(E) Provision of labor market information.

(F) Provision of program performance and cost information on
eligible providers of training services and local area performance
measures.

(G) Provision of information on supportive services in the local
area.

(H) Provision of information on the filing of claims for
unemployment compensation benefits and unemployment
compensation disability benefits.

(I) Assistance in establishing eligibility for welfare-to-work
activities pursuant to Section 11325.8 of the Welfare and
Institutions Code, and financial aid assistance.

begin insert

(J) Comprehensive and specialized assessments of skill levels
and service needs, including learning disability screening.

end insert begin insert

(K) Development of individual employment plans.

end insert begin insert

(L) Counseling.

end insert begin insert

(M) Career planning.

end insert begin insert

(N) Short-term prevocational services to prepare an individual
for training or employment.

end insert

(4) State and federally funded workforce education, training,
and employment programs shall be integrated in the one-stop
delivery system to achieve universal access to the begin delete core end delete begin insert career end insert
services described in paragraph (3).

begin delete

(5) Intensive services shall be available to individuals who have
completed at least one core service, have been unable to obtain
employment, and who have been determined, by the one-stop
operator, as being in need of more intensive services, or who are
employed but in need of intensive services to obtain or retain
employment to achieve self-sufficiency. Intensive services may
include comprehensive and specialized assessments of skill levels
and service needs, including learning disability screening, the
development of individual employment plans, counseling, career
planning, and short-term prevocational services to prepare an
individual for training and employment.

end delete begin delete

(6)

end delete

begin insert (5) end insert  Training services shall be made available to individuals who
have met the requirements for intensive services, have been unable
to obtain or retain employment through begin delete these end delete begin insert career end insert services, begin delete and
who, after an interview, evaluation, or assessment, are determined
to be in need of training, end delete begin insert are in need of training services to obtain
or retain employment that leads to economic self-sufficiency or
wages comparable to, or higher than, wages from previous
employment, have the skills and qualifications to successfully
participate in the training, end insert and have selected a program of services
directly linked to occupations in demand in the local or regional
area. Training services may include:

(A) Occupational skill training including training for
nontraditional employment.

(B) On-the-job training.

(C) Programs that combine workplace training with related
instruction.

(D) Training programs operated by the private sector.

(E) Skill upgrading and retraining.

(F) Entrepreneurial training.

begin insert

(G) Incumbent worker training, in accordance with Section
134(d)(4) of the Workforce Innovation and Opportunity Act.

end insert begin insert

(H) Transitional jobs, in accordance with Section 134(d)(5) of
the Workforce Innovation and Opportunity Act.

end insert begin delete

(G)

end delete

begin insert (I) end insert  Job readiness training begin insert , provided in combination with any
service under subparagraphs (A) to (H), inclusive end insert .

begin delete

(H)

end delete

begin insert (J) end insert  Adult education and literacy activities, including vocational
English as a second language, provided in combination with
subparagraphs (A) through (G), inclusive.

begin delete

(I)

end delete

begin insert (K) end insert  Customized training conducted by an employer or a group
of employers or a labor-management training partnership with a
commitment to employ an individual upon completion of the
training.

begin delete

(7)

end delete

begin insert (6) end insert  As prescribed in the Workforce begin delete Investment Act of 1998,
when funds are limited, priority for intensive services and training
services shall be given to adult recipients of public assistance and
other low-income adults, such as CalWORKs participants end delete
begin insert Innovation and Opportunity Act, adult recipients of public
assistance, other low-income adults, and individuals who are basic
skills deficient shall be given priority for training services and
career services described in Section 134(d)(2)(A)(xii) of the
Workforce Innovation and Opportunity Act end insert .

(b) Each local workforce begin delete investment end delete begin insert development end insert board shall
establish at least one full service one-stop career center in the local
workforce begin delete investment end delete begin insert development end insert area. Each full service one-stop
career center shall have all entities begin delete specified in Section 14231 end delete
begin insert required to be partners in Section 3151 of Title 29 of the United
States Code end insert as partners and shall provide jobseekers with integrated
employment, education, training, and job search services.
Additionally, employers will be provided with access to
comprehensive career and labor market information, job placement,
economic development information, performance and program
information on service providers, and other such services as the
businesses in the community may require.

(c) Local boards may also establish affiliated and specialized
centers, as defined in the Workforce begin delete Investment Act of 1998, end delete
begin insert Innovation and Opportunity Act of 2014, end insert which shall act as portals
into the larger local one-stop system, but are not required to have
all of the partners specified for full service one-stop centers.

(d) Each local board shall develop a policy for identifying
individuals who, because of their skills or experience, should be
referred immediately to training services. begin delete This end delete begin insert To the extent
permitted under the Workforce Innovation and Opportunity Act
of 2014, this end insert policy, along with the methods for referral of
individuals between the one-stop operators and the one-stop
partners for appropriate services and activities, shall be contained
in the memorandum of understanding between the local board and
the one-stop partners.

(e) The California Workforce begin delete Investment end delete begin insert Development end insert Board
and each local board shall ensure that programs and services funded
by the Workforce begin delete Investment Act of 1998 end delete begin insert Innovation and
Opportunity Act of 2014 end insert and directed to apprenticeable
occupations, including preapprenticeship training, are conducted,
to the maximum extent feasible, in coordination with one or more
apprenticeship programs approved by the Division of
Apprenticeship Standards for the occupation and geographic area.
The California Workforce begin delete Investment end delete begin insert Development end insert Board and
each local board shall also develop a policy of fostering
collaboration between community colleges and approved
apprenticeship programs in the geographic area to provide
preapprenticeship training, apprenticeship training, and continuing
education in apprenticeable occupations through the approved
apprenticeship programs.

(f) In light of California’s diverse population, each one-stop
career center should have the capacity to provide the appropriate
services to the full range of languages and cultures represented in
the community served by the one-stop career center.

SEC. 39.  

Section 14230.5 of the Unemployment Insurance
Code is amended to read:

14230.5.  

For purposes of this division and any laws governing
workforce development begin delete programs provided for under the federal
American Recovery and Reinvestment Act of 2009 (Public Law
111-5), end delete begin insert programs, and to the extent permitted under Chapter 32
of Title 29 of the United States Code and any related regulations, end insert
entrance into a registered apprenticeship program shall be
considered placement into a job.

SEC. 40.  

Section 14231 of the Unemployment Insurance Code
is amended to read:

14231.  

(a) The local providers of the following programs or
activities shall be required partners in the local one-stop system:

(1) Programs authorized under Title I of the Workforce
begin delete Investment Act of 1998 end delete begin insert Innovation and Opportunity Act end insert .

(2) Programs authorized under the Wagner-Peyser Act (29
U.S.C. Sec. 49 et seq.).

(3) Adult education and literacy activities authorized under Title
II of the Workforce begin delete Investment Act of 1998 end delete begin insert Innovation and
Opportunity Act end insert .

(4) Programs authorized under Title I of the Rehabilitation Act
of 1973 (29 U.S.C. Sec. 720 et seq.) begin insert other than Section 112 or
Part C of the act (29 U.S.C. 732, 741) end insert .

begin delete

(5) Programs authorized under Section 403(a)(5) of the Social
Security Act (42 U.S.C. Sec. 603(a)(5) as added by Section 5001
of the Balanced Budget Act of 1997).

end delete begin delete

(6)

end delete

begin insert (5) end insert  Activities authorized under Title V of the Older Americans
Act of 1965 (42 U.S.C. Sec. 3056 et seq.).

begin insert

(6) Career and technical education programs at the
postsecondary level authorized under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. Sec. 2301 et seq.).

end insert begin delete

(7) Postsecondary vocational education activities authorized
under the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. Sec. 2301 et seq.), including community
colleges and regional occupational centers and programs.

end delete begin delete

(8)

end delete

begin insert (7) end insert  Activities authorized under Chapter 2 of Title II of the Trade
Act of 1974 (19 U.S.C. Sec. 2271 et seq.).

begin delete

(9)

end delete

begin insert (8) end insert  Activities authorized under Chapter 41 (commencing with
Section 4100) of Title 38 of the United States Code.

begin delete

(10)

end delete

begin insert (9) end insert  Employment and training activities carried out under the
Community Services Block Grant Act (42 U.S.C. Sec. 9901 et
seq.).

begin delete

(11)

end delete

begin insert (10) end insert  Employment and training activities carried out by the
Department of Housing and Urban Development.

begin delete

(12)

end delete

begin insert (11) end insert  Programs authorized by this code, in accordance with
applicable federal law.

begin delete

(13) Small business development centers, as defined in Section
15382 of the Government Code, where they exist.

end delete begin insert

(12) Programs authorized under section 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532).

end insert begin insert

(13) Programs authorized under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)

end insert

(b) Community-based organizations that provide intensive
services as described in begin delete paragraph (4) of subdivision (a) end delete
begin insert subparagraphs (J) to (N), inclusive, of paragraph (1) of subdivision
(a) end insert of Section 14230, shall be encouraged to be one-stop partners.

SEC. 41.  

Section 14232 of the Unemployment Insurance Code
is amended to read:

14232.  

begin delete The end delete begin insert In conformity with the requirements of Section
3151 of Title 29 of the United States Code, and all applicable state
and federal laws and regulations, the end insert local board, with the
agreement of the chief local elected official for the local area, shall
develop and enter into a memorandum of understanding with the
local one-stop partners, begin delete designate or certify end delete begin insert designate, certify, and
terminate end insert one-stop operators, and conduct oversight over the local
one-stop delivery system.

SEC. 42.  

Section 14235 of the Unemployment Insurance Code
is amended to read:

14235.  

To the full extent permitted by federal law, begin insert required
by federal law, or both, end insert the Employment Development Department
shall utilize its Wagner-Peyser funded activities and programs to
support local one-stop career centers.

SEC. 43.  

Section 14500 of the Unemployment Insurance Code
is amended to read:

14500.  

Notwithstanding any other provision of law, when a
person using his or her Workforce begin delete Investment end delete begin insert Innovation and
Opportunity end insert Act individual training account enrolls in an adult
education program, a noncredit curricula program at a community
college, or a regional occupational center or program, for which
state funds are allocated, all of the following shall apply:

(a) The entities administering the program may use Workforce
begin delete Investment end delete begin insert Innovation and Opportunity end insert Act individual training
account funds only to increase the number of hours of services
provided above their adult block entitlement pursuant to Section
52616 of the Education Code and funding limit for regional
occupational center programs for the purpose of enhancing services
already supported with state funds. Any state funds provided to
these entities above their adult block entitlements and funding
limit for regional occupational center programs shall be subject to
an appropriation in the annual Budget Act.

(b) Any state funds allocated to the entity administering the
program shall not be offset with the Workforce begin delete Investment end delete
begin insert Innovation and Opportunity end insert Act individual training account funds.

(c) The entity administering the program shall use the Workforce
begin delete Investment end delete begin insert Innovation and Opportunity end insert Act individual training
account funds received for the program.

SEC. 44.  

Section 14510 of the Unemployment Insurance Code
is amended to read:

14510.  

To the extent permitted by federal law, school districts
and county offices of education are eligible to apply to local begin delete youth
councils end delete begin insert workforce development boards end insert to provide basic skills
training and skills necessary for attaining a secondary school
diploma.

SEC. 45.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act implements a federal law or regulation and results only in
costs mandated by the federal government, within the meaning of
Section 17556 of the Government Code.