Amended in Assembly March 24, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1270

Introduced by Assembly Member begin delete Eduardo Garcia end delete begin insert Eduardo  end insert begin insert Garcia end insert

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 begin insert of end insert , 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 begin insert of end insert , 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 amended, begin delete Eduardo Garcia end delete   begin insert Eduardo Garcia end insert . 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.  

(a) Notwithstanding Section 10231.5 of the
Government Code, the director of the Employment Development
Department shall report annually to the Governor, the Legislature,
and the California Workforce Development Board, no later than
November 30, regarding the training expenditures made by local
workforce development boards in the prior fiscal year. The
department shall specify what expenditures qualify as training
expenditures using the definition of training provided for in Section
3174(c)(3)(D) of Title 29 of the United States Code. 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.

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

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 Innovation
and Opportunity Act 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 Innovation and Opportunity
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 INNOVATION
AND OPPORTUNITY 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 career-oriented 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.

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

(2) State and local workforce development 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,
apprenticeships, community college career technical education
and basic skills programs, entrepreneurship training programs,
where appropriate, the California Community Colleges Economic
and Workforce Development Program, the Employment Training
Panel, and county-based social and employment services, to better
align resources across workforce, training, education, and social
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 134(c)(2) of the federal Workforce Innovation and
Opportunity Act (29 U.S.C. Sec. 3174(c)(2)) allows for the use of
funds for initial assessment of skill levels, aptitudes, abilities and
support services, including, when appropriate, 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 Innovation and Opportunity 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 Innovation and Opportunity Act, codified in Chapter
32 (commencing with Section 3101) 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
Innovation and Opportunity Act, codified in Chapter 32
(commencing with Section 3101) 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 Innovation and
Opportunity 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 Innovation and Opportunity
Act and the State Plan required by the federal Workforce
Innovation and Opportunity Act.

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 Development
Board.

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

(c) “Career pathways,” “career ladders,” or “career lattices” are
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. “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:

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

(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 begin delete U.S.C.A. end delete begin insert U.S.C. Sec. end insert 50 et seq.), except as in begin delete section end delete
begin insert Section end insert 3226 of Title 29 of the United States Code.

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

(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.

(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.

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

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

(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, or projected to be in demand, by employers, and
pay or lead to payment of a wage that provides economic security.

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

(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.

(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 begin delete State end delete begin insert state end insert , regional,
or local economy, as appropriate.

(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.

(j) “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 dependency,
including members of all of the following groups:

(1) Displaced homemakers.

(2) Low-income individuals.

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

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

(5) Older individuals.

(6) Ex-offenders.

(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.

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

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

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

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

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

(13) Long-term unemployed individuals.

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

(k) “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.

(l) “Industry or sector partnership” means a workforce
collaborative, convened or acting in partnership with the board or
a local board, that does the following:

(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:

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

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

(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.

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

(A) State or local government.

(B) State or local economic development agencies.

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

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

(E) Other state or local agencies.

(F) Business or trade associations.

(G) Economic development organizations.

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

(I) Philanthropic associations.

(J) Industry begin delete associations end delete begin insert associations. end insert

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

(m) “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.

(n) “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.

(o) “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.

(p) “Workforce Innovation and Opportunity Act of 2014” means
the federal act enacted as Public Law 113-128.

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 Development Board

 

SEC. 10.  

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

14010.  

The California Workforce Development 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 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 businesses, chief executives or operating
officers of businesses, and other business executives or employers
with optimum policymaking or hiring authority, 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.

(2) Represent 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.

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

(c) (1)  begin delete At least end delete begin insert Not less than end insert 20 percent of board members shall
be representatives of the workforce within the state, begin delete and shall
include: end delete begin insert including representatives of labor organizations nominated
by state labor federations, who shall not be less than 15 percent
of the board membership and who shall include at least one
representative that is a member of a labor organization or a
training director, from a joint labor-management apprenceticeship
program, or if no such joint program exists in the state, such a
representative of an apprenticeship program in the state. end insert

begin delete

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

(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 delete

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

(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.

(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.

(d) The balance of board members:

(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.

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

(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.

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

(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.

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

begin insert

(e) Other requirements of board membership shall include:

end insert begin insert

(1) The Governor shall select a chairperson for the board from
among the representatives described in subdivision (b).

end insert begin insert

(2) The members of the board shall represent diverse geographic
areas of the state, including urban, rural, and suburban areas.

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, implementing, and modifying the State Plan.
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.

(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.

(d) Developing and continuously improving the statewide
workforce investment system, including:

(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.

(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.

(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.

(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.

(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:

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

(B) On-the-job training.

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

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

(E) Training programs operated by the private sector.

(F) Skill upgrading and retraining.

(G) Entrepreneurial training.

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

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

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

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

(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.

(f) The development and continuous improvement of 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.

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

(h) Developing strategies to support staff training and awareness
across programs supported under the workforce development
system.

(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:

(1) Develop 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.

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

(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.

(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.

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

(k) The development and review of statewide policies affecting
the coordinated provision of services through the begin delete state's end delete begin insert state’s end insert
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:

(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.

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

(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.

(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:

(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.”

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

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

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

(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.

(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.

(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.

(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.

(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.

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
Development 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 and Sectors

 

SEC. 15.  

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

14020.  

(a) The California Workforce Development 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
development boards, shall develop the State Plan to serve as a
framework for the development of public policy, employment
services, 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 be prepared in a manner consistent
with the requirements of the federal Workforce Innovation and
Opportunity Act of 2014.

(b) Consistent with the federal Workforce Innovation and
Opportunity Act, the State Plan shall provide a framework for state
workforce policies and support sector strategies.

(c) The California Workforce Development 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 Innovation and Opportunity Act funding
streams, and other funding streams, 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 credentials, certificates, and
recognized postsecondary credentials, and address the career
advancement needs of current and future workers in competitive
and emergent industry sectors and clusters. The California
Workforce Development 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 Development Board
shall do the following:

(1) Identify 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 Development Board shall
consider the expertise of local workforce development boards in
the state’s respective regional economies and shall encourage the
local workforce development boards to identify industry sectors
and industry clusters that have a competitive economic advantage
and demonstrated economic importance in their respective local
workforce development areas.

(2) Identify 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 Development Board shall
consider the expertise of local workforce development boards in
the state’s respective regional economies and shall encourage the
local workforce development 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 development areas.

(3) Provide a 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 Development Board shall consider the
expertise of local workforce development boards in the state’s
respective regional economies and shall encourage the local
workforce development boards to conduct skills-gap analysis for
their respective local workforce development 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 development
boards and other stakeholders, initial and subsequent eligibility
criteria for the federal Workforce Innovation and Opportunity Act
of 2014 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 development 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 in combination with programs that
provide 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
Innovation and Opportunity Act of 2014.

(H) If the state receives a waiver from the federal subsequent
eligibility provisions specified in the federal Workforce Innovation
and Opportunity Act of 2014, the state workforce development
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.

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 Development 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 development
board to plan and oversee the workforce investment system.

(b) The Governor shall periodically certify one local board for
each local area in the state, following the requirements of the
federal Workforce Innovation and Opportunity Act of 2014.

(c) The Governor shall establish, through the California
Workforce Development Board, standards for certification of
high-performance local workforce development boards. The
California Workforce Development Board shall, in consultation
with representatives from local workforce development 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
development board shall occur thereafter midway through the
implementation of the local and regional plans required by the
Workforce Innovation and Opportunity Act. In order to meet the
standards for certification, a high-performance local workforce
development 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
Innovation and Opportunity Act of 2014 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) Meets all local and regional planning requirements specified
under the federal Workforce Innovation and Development Act of
2014.

(B) Is consistent with the California Workforce Development
Board State Plan.

(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 development
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 development 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 development area’s
relevant regional labor market and high-wage industry sectors.
Local workforce development 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 development board
that further develops and makes recommendations for the business
service plan for each local workforce development board in an
effort to increase employer involvement in the activities of the
local workforce development board. The subcommittee members
should be comprised of business representatives on the local
workforce development 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) The Governor and the Legislature, as part of the annual
budget process, in consultation with the California Workforce
Development Board, shall annually reserve a portion of the
15-percent discretionary fund made available pursuant to the
federal Workforce Innovation and Opportunity Act of 2014 for
the purpose of providing performance incentives to
high-performance local workforce development boards. The
remaining discretionary funds shall continue to be available for
other discretionary purposes as provided for in the federal
Workforce Innovation and Opportunity Act of 2014.

(e) Only a workforce development board that is certified as a
high-performance local workforce development board by the
California Workforce Development Board shall be eligible to
receive any incentive money reserved for high-performance local
workforce development boards, as described in subdivision (d).
A board that is not certified as a high-performance local workforce
development board shall not receive any portion of the money
reserved for high-performance local workforce development
boards, as described in subdivision (d).

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

(g) To the extent permitted by the Workforce Innovation and
Opportunity Act of 2014, the California Workforce Development
Board may consider the utilization of incentive grants, or direct
assistance, or both, to local workforce development boards for the
purposes of this section.

(h) There shall not be a requirement to set aside federal
Workforce Innovation and Opportunity Act of 2014 funds for the
purposes of subdivisions (d), (e), (f), or (g) in years when the
federal government significantly reduces the share of federal
Workforce Innovation and Opportunity Act of 2014 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 development boards shall be
established in each local workforce development 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.

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 begin delete 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. end delete begin insert membership,
and be subject to the following: end insert

begin insert

(A) 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.

end insert begin delete

(2)

end delete

begin insert (B) end insert  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.

begin delete

(3)

end delete

begin insert (2) end insert  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.

begin delete

(4)

end delete

begin insert (3) end insert  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.
begin insert Sec. end insert 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. begin insert Sec. end insert 720 et seq.), other than Section 112 or Part C of that
Title (29 U.S.C. begin insert Sec. end insert 732, 741), serving the local area.

begin delete

(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.

end delete begin delete

(5)

end delete

begin insert (4) end insert  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.

SEC. 23.  

Section 14204 of the Unemployment Insurance Code
is repealed.

SEC. 24.  

Section 14206 of the Unemployment Insurance Code
is repealed.

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. begin insert Sec. end insert 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. begin insert Sec. end insert 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. begin insert Sec. end insert 720 et seq.),
other than Section 112 or Part C of that Title (29 U.S.C. begin insert Sec. end insert 732,
741).

SEC. 26.  

Section 14206.1 of the Unemployment Insurance
Code is repealed.

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 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 in accordance with the process outlined in the
Workforce Innovation and Opportunity Act.

(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.

SEC. 28.  

Section 14208 of the Unemployment Insurance Code
is repealed.

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 begin delete when end delete begin insert if end insert appointing
members to any standing committee on the provision of youth
services, the local workforce investment board and the local chief
elected official shall endeavor to 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.

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 Innovation and Opportunity Act of 2014 (Public Law
113-128) 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
Innovation and Opportunity Act of 2014 (Public Law 113-128)
provided to local workforce development 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 3174(c)(3)(D) of Title 29 of the United States Code and
the corresponding sections 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.

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

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

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

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

(K) 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 development 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
development 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 Innovation
and Opportunity Act of 2014 (Public Law 113-128).

(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 development 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 Innovation and Opportunity Act of 2014
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 development board.
Costs arising from the recordkeeping required to demonstrate
compliance with the leveraging requirements of this subdivision
are the responsibility of the local board.

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

(d) A local workforce development 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 development 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 four-year local plan in partnership with
the appropriate chief local elected official. The local plan shall be
consistent with the 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.

SEC. 34.  

Section 14221 of the Unemployment Insurance Code
is repealed.

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. begin insert Sec. end insert 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.
begin insert Sec. end insert 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
begin delete section end delete begin insert Section end insert 101(a)(11)(B) of the Rehabilitation Act of 1973
(29 U.S.C. begin insert Sec. end insert 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. begin delete 732, end delete begin insert Secs. 732 and end insert 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.
begin insert Sec. end insert 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.  

To the extent permitted under the federal Workforce
Innovation and Opportunity Act, the 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.  

Prior to the date upon which the local board submits a
local plan, the local board shall make available copies of a proposed
local plan to the public through electronic and other means, like
public hearings and local news media, allow members of the public,
including representatives of business, representatives of labor
organizations, and representatives of education 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 career services shall be available to adult
residents regardless of income, education, employment barriers,
or other eligibility requirements. Career 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.

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

(K) Development of individual employment plans.

(L) Counseling.

(M) Career planning.

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

(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 career services
described in paragraph (3).

(5) Training services shall be made available to individuals who
have met the requirements for begin delete intensive end delete begin insert career end insert services, have been
unable to obtain or retain employment through career services, 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, 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.

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

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

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

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

(K) 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.

(6) As prescribed in the Workforce 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.

(b) Each local workforce development board shall establish at
least one full service one-stop career center in the local workforce
development area. Each full service one-stop career center shall
have all entities required to be partners in Section 3151 of Title
29 of the United States Code 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 Innovation and Opportunity
Act of 2014, 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. To the extent permitted
under the Workforce Innovation and Opportunity Act of 2014, this
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 Development Board and each
local board shall ensure that programs and services funded by the
Workforce Innovation and Opportunity Act of 2014 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 Development 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 programs, and to the extent permitted
under Chapter 32 of Title 29 of the United States Code and any
related regulations, 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
Innovation and Opportunity Act.

(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 Innovation and Opportunity Act.

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

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

(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.).

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

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

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

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

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

(12) Programs authorized under begin delete section end delete begin insert Section end insert 212 of the
Second Chance Act of 2007 (42 U.S.C. begin insert Sec. end insert 17532).

(13) Programs authorized under begin delete part end delete begin insert Part end insert A of begin delete title end delete begin insert Title end insert IV of
the Social Security Act (42 U.S.C. begin insert Sec. end insert 601 et seq.)

(b) Community-based organizations that provide begin delete intensive end delete
begin insert career end insert services as described in subparagraphs (J) to (N), inclusive,
of paragraph (1) of subdivision (a) 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.  

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 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, designate, certify, and terminate 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, required
by federal law, or both, 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 Innovation and Opportunity
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
Innovation and Opportunity 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 Innovation and
Opportunity Act individual training account funds.

(c) The entity administering the program shall use the Workforce
Innovation and Opportunity 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
workforce development boards 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.