BILL NUMBER: AB 1507 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Labor and Employment (Assembly Members
Roger Hernández (Chair), Chu, Low, McCarty, and Thurmond)
MARCH 4, 2015
An act to amend Sections 47605.1, 47612.1, 52052.3, 52302.8,
52520, 53082, 69439, 84830, and 88640 of the Education Code, to amend
Sections 1091.2, 12803.6, and 95501 of the Government Code, to amend
Section 4658.7 of the Labor Code, to amend Section 999.80 of the
Military and Veterans Code, to amend Section 14403 of the Public
Resources Code, to amend Sections 320.5, 325.6, 1177.5, 1269, 1279.5,
2051, 9600.7, 9809.5, 10200, 10204, 10205, 11024, 14002, 14003,
14004.5, 14005, 14013, 14020, 14200, 14206, 14208, 14211, 14221,
14230, 14231, 14500, 18002, and 18008 of the Unemployment Insurance
Code, and to amend Section 16522.1 of the Welfare and Institutions
Code, relating to job training.
LEGISLATIVE COUNSEL'S DIGEST
AB 1507, as introduced, Committee on Labor and Employment.
California Workforce Investment Act.
Existing law, the federal Workforce Investment Act of 1998,
authorizes workforce investment activities, including activities in
which states may participate. Existing federal law, the Workforce
Innovation and Opportunity Act, beginning July 1, 2015, repeals and
supersedes that act and provides for the establishment of a state
workforce development board to develop strategies to support the use
of career pathways for the purpose of providing individuals with
workforce investment activities, education, and support services
necessary for them to enter the workforce or retain employment.
Existing law contains various programs for job training and
employment investment, including work incentive programs.
This bill would update statutory references to the federal
Workforce Investment Act of 1998 to instead refer to the federal
Workforce Innovation and Opportunity Act and make related conforming
changes.
By revising the duties of local workforce investment boards to
conform to the federal Workforce Innovation and Opportunity Act, this
bill would impose 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 47605.1 of the Education Code is amended to
read:
47605.1. (a) (1) Notwithstanding any other law, a charter school
that is granted a charter from the governing board of a school
district or county office of education after July 1, 2002, and
commences providing educational services to pupils on or after July
1, 2002, shall locate in accordance with the geographic and site
limitations of this part.
(2) Notwithstanding any other law, a charter school that is
granted a charter by the state board after July 1, 2002, and
commences providing educational services to pupils on or after July
1, 2002, based on the denial of a petition by the governing board of
a school district or county board of education, as described in
paragraphs (1) and (2) of subdivision (j) of Section 47605, may
locate only within the geographic boundaries of the chartering entity
that initially denied the petition for the charter.
(3) A charter school that receives approval of its charter from a
governing board of a school district, a county office of education,
or the state board before July 1, 2002, but does not commence
operations until after January 1, 2003, shall be subject to the
geographic limitations of the part, in accordance with subdivision
(e).
(b) Nothing in this section is intended to affect the admission
requirements contained in subdivision (d) of Section 47605.
(c) Notwithstanding any other law, a charter school may establish
a resource center, meeting space, or other satellite facility located
in a county adjacent to that in which the charter school is
authorized if the following conditions are met:
(1) The facility is used exclusively for the educational support
of pupils who are enrolled in nonclassroom-based independent study of
the charter school.
(2) The charter school provides its primary educational services
in, and a majority of the pupils it serves are residents of, the
county in which the school is authorized.
(d) Notwithstanding subdivision (a) of this section or
subdivision (a) of Section 47605, a charter school that is unable to
locate within the geographic boundaries of the chartering school
district may establish one site outside the boundaries of the school
district, but within the county within which that school district is
located, if the school district where the charter school proposes to
operate is notified in advance of the charter petition approval, the
county superintendent of schools is notified of the location of the
charter school before it commences operations, and either of the
following circumstances exist:
(1) The school has attempted to locate a single site or facility
to house the entire program but such a facility or site is
unavailable in the area in which the school chooses to locate.
(2) The site is needed for temporary use during a construction or
expansion project.
(e) (1) For a charter school that was granted approval of its
charter before July 1, 2002, and provided educational services to
pupils before July 1, 2002, this section shall only apply to any new
educational services or schoolsites established or acquired by the
charter school on or after July 1, 2002.
(2) For a charter school that was granted approval of its charter
before July 1, 2002, but did not provide educational services to
pupils before July 1, 2002, this section shall only apply upon the
expiration of a charter that is in existence on January 1, 2003.
(3) Notwithstanding other implementation timelines in this
section, by June 30, 2005, or upon the expiration of a charter that
is in existence on January 1, 2003, whichever is later, all charter
schools shall be required to comply with this section for schoolsites
at which education services are provided to pupils before or after
July 1, 2002, regardless of whether the charter school initially
received approval of its charter school petition before July 1, 2002.
To achieve compliance with this section, a charter school shall be
required to receive approval of a charter petition in accordance with
this section and Section 47605.
(4) Nothing in this section is intended to affect the authority of
a governmental entity to revoke a charter that is granted on or
before the effective date of this section.
(f) A charter school that submits its petition directly to a
county board of education, as authorized by Sections 47605.5 or
47605.6, may establish charter school operations only within the
geographical boundaries of the county in which that county board of
education has jurisdiction.
(g) Notwithstanding any other law, the jurisdictional limitations
set forth in this section do not apply to a charter school that
provides instruction exclusively in partnership with any of the
following:
(1) The federal Workforce Investment Act of 1998 (29
U.S.C. Sec. 2801 et seq.). Workforce Innovation and
Opportunity Act.
(2) Federally affiliated Youth Build programs.
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Sections
14507.5 or 14406 of the Public Resources Code.
(5) Instruction provided to juvenile court school pupils pursuant
to subdivision (b) of Section 42238.18 or pursuant to Section 1981
for individuals who are placed in a residential facility.
SEC. 2. Section 47612.1 of the Education Code, as added by Section
31 of Chapter 32 of the Statutes of 2014, is amended to read:
47612.1. (a) Except for the requirement that a pupil be a
California resident, subdivision (b) of Section 47612 shall not apply
to a charter school program that provides instruction exclusively in
partnership with any of the following:
(1) The federal Workforce Investment Act of 1998 (Public
Law No. 105-220; 29 U.S.C. Sec. 2801 et seq.).
Workforce Innovation and Opportunity Act.
(2) Federally affiliated Youth Build programs.
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Sections
14406 or 14507.5 of the Public Resources Code.
(b) This section shall become operative on July 1, 2015.
SEC. 3. Section 52052.3 of the Education Code is amended to read:
52052.3. (a) As part of the alternative accountability system for
schools developed pursuant to subdivision (h) of Section 52052, or
any successor system, the Superintendent and the state board shall
allow no more than 10 dropout recovery high schools, as defined in
subdivision (b), to report, in lieu of other indicators, the results
of an individual pupil growth model that is proposed by the school
and certified by the Superintendent pursuant to subdivision (c).
(b) For purposes of this section, "dropout recovery high school"
means a school offering instruction in any of grades 9 to 12,
inclusive, in which 50 percent or more of its pupils are either
designated as dropouts pursuant to the exit and withdrawal codes
developed by the department or left a school and were not otherwise
enrolled in a school for a period of at least 180 days and the school
provides instruction in partnership with any of the following:
(1) The federal Workforce Investment Act of 1998 (29
U.S.C. Sec. 2801 et seq.). Workforce Innovation and
Opportunity Act.
(2) Federally affiliated Youthbuild programs (42 U.S.C. Sec. 12899
et seq.).
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Section
14406 or 14507.5 of the Public Resources Code.
(c) A dropout recovery high school shall submit to the
Superintendent a certification that the high school meets the
criteria specified in subdivision (b) and provide a summary of data
derived from the California Longitudinal Pupil Achievement Data
System pursuant to Chapter 10 (commencing with Section 60900) of Part
33 to support that designation. A dropout recovery high school shall
also submit a proposed individual pupil growth model, and the
Superintendent shall review and certify that model if it meets all of
the following criteria:
(1) The model measures learning based on valid and reliable
nationally normed or criterion-referenced reading and mathematics
tests.
(2) The model measures skills and knowledge aligned with state
standards.
(3) The model measures the extent to which a pupil scored above an
expected amount of growth based on the individual pupil's initial
achievement score.
(4) The model demonstrates the extent to which a school is able to
accelerate learning on an annual basis.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 4. Section 52302.8 of the Education Code is amended to read:
52302.8. (a) The Legislature hereby finds and declares that
vocational training resources that are provided through regional
occupational centers and programs are an essential component of the
state's secondary school system and the local system of providing
occupational skills training to high school pupils. For this reason,
the Legislature finds and declares that these resources should be
focused primarily on the needs of pupils enrolled in high school.
(b) For the 2008-09 fiscal year, a regional occupational center or
program may claim no more than 50 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(c) For the 2009-10 fiscal year, a regional occupational center or
program may claim no more than 30 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(d) For the 2011-12 fiscal year and every fiscal year thereafter,
a regional occupational center or program may claim no more than 10
percent of the state-funded average daily attendance for which the
center or program is eligible, for services provided to students who
are not enrolled in grades 9 to 12, inclusive, and up to an
additional 5 percent for CalWORKs, Temporary Assistance Program, or
Job Corps participants and participants under the federal
Workforce Investment Act of 1998 (29 U.S.C. Sec. 2810 et seq.)
Workforce Innovation and Opportunity Act who are
enrolled in Intensive Training services.
(e) Pupils who are CalWORKs, Temporary Assistance Program, or Job
Corps participants shall have priority for service within the
percentage limits established under subdivision (d).
(f) Notwithstanding subdivision (d), a regional occupational
center or program may claim more than 15 percent of its average daily
attendance for students who are not enrolled in grades 9 to 12,
inclusive, if all of the students who are not enrolled in grades 9 to
12, inclusive, are CalWORKs, Temporary Assistance Program, or Job
Corps participants, and if the governing board of the regional
occupational center or program does all of the following:
(1) Meets with local human services directors, and representatives
of adult education programs, community colleges and other
institutions of higher education, to assess the needs of CalWORKs,
Temporary Assistance Program, or, Job Corps and federal
Workforce Investment Act Workforce Innovation and
Opportunity Act participants to identify alternative ways to
meet the needs of these adult students.
(2) Enters into a transition plan, approved by the Superintendent,
to become in compliance with subdivision (d) in accordance with
benchmarks and timelines established in the transition plan.
Transition plans shall be established pursuant to guidelines issued
by the department, in consultation with the State Department of
Social Services, and shall be resubmitted and reviewed annually.
(g) Notwithstanding subdivisions (b), (c), and (d), a regional
occupational center or program that claims more than 40 percent of
its students are not enrolled in grades 9 to 12, inclusive, on
January 1, 2007, shall submit a letter to the Superintendent by July
1 of each year until it complies with this subdivision, outlining the
goals of the regional occupational center or program to reduce the
number of adult students in order to comply with subdivision (d) on
or before July 1, 2013.
(h) Regional occupational centers and programs operated in a rural
county of the sixth, seventh, or eighth class may exceed the number
of adults by an additional 10 percent of the limits established in
subdivisions (b), (c), and (d).
(i) (1) For purposes of this calculation, adult average daily
attendance attributable to continuously enrolled grade 12 pupils who
have not passed the high school exit examination pursuant to Section
60851 is excluded from the calculation under this section. Amounts
that may become available from reductions resulting from the
enactment of this section shall be redirected to other regional
occupational centers or programs to serve additional secondary
pupils.
(2) Adult average daily attendance funding for a regional
occupational center or program that has entered into a corrective
action plan pursuant to subdivision (k) shall not be redirected to
other regional occupational centers or programs to serve additional
secondary pupils for up to three years while the regional
occupational center or program is in corrective action.
(j) The governing boards of a community college district and a
regional occupational center or program may enter into contractual
agreements under which the center or program provides services to
adult students of the community college district affected by this
section if both of the following are satisfied:
(1) The agreements conform to state regulations and audit
requirements jointly developed by the Chancellor of the Office of the
California Community Colleges and the State Department of Education,
in consultation with, and subject to approval by, the Department of
Finance.
(2) A course offered for adults pursuant to an agreement entered
into pursuant to this subdivision is limited to the same cost per
student to the state as if the course were offered at the regional
occupational center or program. This subdivision does not authorize
the apportionment of funds for community colleges for adult students
in excess of the revenue limit for regional occupational centers or
programs if a course is deemed eligible for college credit.
(k) A regional occupational center or program that fails to meet a
timeline established under subdivision (c), (d), or (g) shall meet
with the community college, adult education program, or other adult
service to identify alternative means of meeting the needs of adult
students and shall enter into a corrective action plan administered
by the department. The corrective action plan shall be established
pursuant to guidelines issued by the department and shall be
submitted to the department annually for review.
SEC. 5. Section 52520 of the Education Code is amended to read:
52520. (a) Every vocational or occupational training program for
adults offered by any high school district or unified school district
shall be reviewed every two years by the governing board to assure
that each program does all of the following:
(1) Meets a documented labor market demand.
(2) Does not represent unnecessary duplication of other manpower
training programs in the area.
(3) Is of demonstrated effectiveness as measured by the employment
and completion success of its students.
(b) Any program that does not meet the requirements of subdivision
(a) and the standards promulgated by the governing board shall be
terminated within one year.
(c) The review process required by this section shall include the
review and comments by the local workforce Investment board
established pursuant to the Workforce Investment Act of 1998
(29 U.S.C. Sec. 2801 et seq.), federal Workforce
Innovation and Opportunity Act, and pursuant to
(Division Division 8 (commencing with Section
15000) of the Unemployment Insurance Code),
Code, which review and comments shall occur prior to any
decision by the appropriate governing body.
SEC. 6. Section 53082 of the Education Code is amended to read:
53082. (a) (1) For purposes of this chapter, "local partnership"
means a defined system designed to deliver the school-to-career
programs funded pursuant to this chapter. A local partnership may
include, but is not limited to, a collaborative effort between
educators, employers, local government entities, and the public.
(2) For purposes of this chapter, "local partnership geographic
area" means the geographic area that an established local partnership
is designed to serve.
(b) To be eligible for a grant pursuant to this chapter, a local
entity shall, in the grant application, submit a detailed plan
demonstrating the following:
(1) All pupils shall be eligible and have access to the activities
developed in the geographic region. "All pupils" means every pupil,
including, but not limited to, pupils who are college bound, at high
risk, disabled pupils, special education pupils, male and female
pupils pursuing nontraditional careers, gifted pupils, pupils with
limited English proficiency, and economically disadvantaged pupils.
(2) The ability to leverage funds and contributions from public
and private entities, including, but not limited to, the Improving
America's Schools Act of 1994 (20 U.S.C. Sec. 6301), Carl Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. Sec. 2301),
and the Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801). federal Workforce Innovation and Opportunity
Act.
(3) The ability to build on and integrate other beneficial
workforce development and educational programs currently operating in
the state, including, but not limited to, tech prep programs as
provided through the Carl D. Perkins Vocational and Applied
Technology Education Amendments of 1998 (P.L. 105-332), Partnership
Academies established pursuant to Article 5 (commencing with Section
54690) of Chapter 9 of Part 29, Regional Occupational Centers and
programs established pursuant to Article 1 (commencing with Section
52300) of Chapter 9, Project WorkAbility conducted pursuant to
Article 3 (commencing with Section 56470) of Chapter 4.7 of Part 30,
youth apprenticeship programs, and adult education programs.
(4) The ability to provide school-based learning, work-based
learning, and service-based learning at an appropriate level for that
local partnership geographic area.
(5) A significant level of participation and contributions from
business and organized labor, including, but not limited to, internal
school-to-career coordinator salaries, pupil wages in paid
work-based learning, supplies, and equipment necessary for relevant
school-to-career activities.
(6) The ability to be as inclusive as possible and engage all
interested, appropriate, and relevant parties in the activities of
the local partnership. The local partnership shall demonstrate
participation from representatives of local educational agencies,
representatives of local postsecondary educational institutions,
representatives of local vocational education schools, local
educators, parent organizations, employers, employer organizations,
and organized labor. The Interagency Partnership for School-to-Career
Programs may, as it deems necessary, require additional
participation from other parties, including, but not limited to,
community-based organizations, national trade associations,
industrial extension centers, rehabilitation agencies and
organizations, proprietary institutions of higher education, local
government agencies, parent organizations, teacher organizations,
private industry councils, and federally recognized Native American
tribes and Native American organizations.
(7) An instructional program advising pupils of an employee's and
employer's rights and obligations in the workplace.
(8) Accountability measurements shall demonstrate increased
academic performance, postsecondary enrollment, decreased dropout
rates, transition to appropriate employment, apprenticeship, or any
other job training school when applicable, and measurements of pupil,
parent, and employer satisfaction.
SEC. 7. Section 69439 of the Education Code is amended to read:
69439. (a) For the purposes of this section, the following terms
have the following meanings:
(1) "Career pathway" has the same meaning as set forth in Section
88620.
(2) "Economic security" has the same meaning as set forth in
Section 14005 of the Unemployment Insurance Code.
(3) "Industry cluster" has the same meaning as set forth in
Section 88620.
(4) "Long-term unemployed" means, with respect to an award
applicant, a person who has been unemployed for more than 26 weeks at
the time of submission to the commission of his or her application.
(5) "Occupational or technical training" means that phase of
education coming after the completion of a secondary school program
and leading toward recognized occupational goals approved by the
commission.
(b) A Cal Grant C award shall be utilized only for occupational or
technical training in a course of not less than four months. There
shall be the same number of Cal Grant C awards each year as were made
in the 2000-01 fiscal year. The maximum award amount and the total
amount of funding shall be determined each year in the annual Budget
Act.
(c) The commission may use criteria it deems appropriate in
selecting students to receive grants for occupational or technical
training and shall give special consideration to the social and
economic situations of the students applying for these grants, giving
additional weight to disadvantaged applicants, applicants who face
economic hardship, and applicants who face particular barriers to
employment. Criteria to be considered for these purposes shall
include, but are not limited to, all of the following:
(1) Family income and household size.
(2) Student's or the students' parent's household status,
including whether the student is a single parent or child of a single
parent.
(3) The employment status of the applicant and whether the
applicant is unemployed, giving greater weight to the long-term
unemployed.
(d) The Cal Grant C award recipients shall be eligible for renewal
of their grants until they have completed their occupational or
technical training in conformance with terms prescribed by the
commission. A determination by the commission for a subsequent award
year that the program under which a Cal Grant C award was initially
awarded is no longer deemed to receive priority shall not affect an
award recipient's renewal. In no case shall the grants exceed two
calendar years.
(e) Cal Grant C awards may be used for institutional fees,
charges, and other costs, including tuition, plus training-related
costs, such as special clothing, local transportation, required
tools, equipment, supplies, books, and living expenses. In
determining the individual award amounts, the commission shall take
into account the financial means available to the student to fund his
or her course of study and costs of attendance as well as other
state and federal programs available to the applicant.
(f) (1) To ensure alignment with the state's dynamic economic
needs, the commission, in consultation with appropriate state and
federal agencies, including the Economic and Workforce Development
Division of the Office of the Chancellor of the California Community
Colleges and the California Workforce Investment Board, shall
identify areas of occupational and technical training for which
students may utilize Cal Grant C awards. The commission, to the
extent feasible, shall also consult with representatives of the state'
s leading competitive and emerging industry clusters, workforce
professionals, and career technical educators, to determine which
occupational training programs and industry clusters should be
prioritized.
(2) (A) Except as provided in subparagraph (B), the areas of
occupational and technical training developed pursuant to paragraph
(1) shall be regularly reviewed and updated at least every five
years, beginning in 2012.
(B) By January 1, 2016, the commission shall update the priority
areas of occupational and technical training.
(3) (A) The commission shall give priority in granting Cal Grant C
awards to students pursuing occupational or technical training in
areas that meet two of the following criteria pertaining to job
quality:
(i) High employer need or demand for the specific skills offered
in the program.
(ii) High employment growth in the occupational field or industry
cluster for which the student is being trained.
(iii) High employment salary and wage projections for workers
employed in the occupations for which they are being trained.
(iv) The occupation or training program is part of a
well-articulated career pathway to a job providing economic security.
(B) To receive priority pursuant to subparagraph (A), at least one
of the criteria met shall be specified in clause (iii) or (iv) of
that subparagraph.
(g) The commission shall determine areas of occupational or
technical training that meet the criteria described in paragraph (3)
of subdivision (f) in consultation with the Employment Development
Department, the Economic and Workforce Development Division of the
Office of the Chancellor of the California Community Colleges, and
the California Workforce Investment Board using projections available
through the Labor Market Information Data Library. The commission
may supplement the analyses of the Employment Development Department'
s Labor Market Information Data Library with the labor market
analyses developed by the Economic and Workforce Development Division
of the Office of the Chancellor of the California Community Colleges
and the California Workforce Investment Board, as well as the
projections of occupational shortages and skills gap developed by
industry leaders. The commission shall publish, and retain, on its
Internet Web site a current list of the areas of occupational or
technical training that meet the criteria described in
paragraph (3) of subdivision (f),
and update this list as necessary.
(h) Using the best available data, the commission shall examine
the graduation rates and job placement data, or salary data, of
eligible programs. Commencing with the 2014-15 academic year, the
commission shall give priority to Cal Grant C award applicants
seeking to enroll in programs that rate high in graduation rates and
job placement data, or salary data.
(i) (1) The commission shall consult with the Employment
Development Department, the Office of the Chancellor of the
California Community Colleges, the California Workforce Investment
Board, and the local workforce investment boards to develop a plan to
publicize the existence of the grant award program to California's
long-term unemployed to be used by those consulting agencies when
they come in contact with members of the population who are likely to
be experiencing long-term unemployment. The outreach plan shall use
existing administrative and service delivery processes making use of
existing points of contact with the long-term unemployed. The local
workforce investment boards are required to participate only to the
extent that the outreach efforts are a part of their existing
responsibilities under the federal Workforce Investment Act
of 1998 (Public Law 105-220). Workforce Innovation and
Opportunity Act.
(2) The commission shall consult with the Workforce Services
Branch of the Employment Development Department, the Office of the
Chancellor of the California Community Colleges, the California
Workforce Investment Board, and the local workforce investment boards
to develop a plan to make students receiving awards aware of job
search and placement services available through the Employment
Development Department and the local workforce investment boards.
Outreach shall use existing administrative and service delivery
processes making use of existing points of contact with the students.
The local workforce investment boards are required to participate
only to the extent that the outreach efforts are a part of their
existing responsibilities under the federal Workforce
Investment Act of 1998 (Public Law 105-220). Workforce
Innovation and Opportunity Act.
(j) (1) Notwithstanding Section 10231.5 of the Government Code,
the Legislative Analyst's Office shall submit a report to the
Legislature on the outcomes of the Cal Grant C program on or before
April 1, 2015, and on or before April 1 of each odd-numbered year
thereafter. This report shall include, but not necessarily be limited
to, information on all of the following:
(A) The age, gender, and segment of attendance for recipients in
two prior award years.
(B) The occupational and technical training program categories
prioritized.
(C) The number and percentage of students who received selection
priority as defined in paragraph (3) of subdivision (f).
(D) The extent to which recipients in these award years were
successfully placed in jobs that meet local, regional, or state
workforce needs.
(2) For the report due on or before April 1, 2015, the Legislative
Analyst's Office shall include data for two additional prior award
years and shall compare the mix of occupational and technical
training programs and institutions in which Cal Grant C award
recipients enrolled before and after implementation of subdivision
(f).
(3) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 8. Section 84830 of the Education Code is amended to read:
84830. (a) The Chancellor of the California Community Colleges
and the State Department of Education shall, pursuant to funding made
available in the annual Budget Act, jointly provide two-year
planning and implementation grants to regional consortia of community
college districts and school districts for the purpose of developing
regional plans to better serve the educational needs of adults.
(1) Eligibility shall be limited to consortia consisting of at
least one community college district and at least one school district
within the boundaries of the community college district, either of
which may serve as the consortium's fiscal agent, as determined by
the applicant consortium.
(2) If a community college district chooses not to participate in
a consortium, a neighboring community college district may form a
consortium with school districts within the boundaries of the
nonparticipating community college district.
(3) Consortia may include other entities providing adult education
courses, including, but not necessarily limited to, correctional
facilities, other local public entities, and community-based
organizations.
(b) Grant funds provided pursuant to this section shall be used by
each regional consortium to create and implement a plan to better
provide adults in its region with all of the following:
(1) Elementary and secondary basic skills, including classes
required for a high school diploma or high school equivalency
certificate.
(2) Classes and courses for immigrants eligible for educational
services in citizenship and English as a second language, and
workforce preparation classes in basic skills.
(3) Education programs for adults with disabilities.
(4) Short-term career technical education programs with high
employment potential.
(5) Programs for apprentices.
(c) (1) The classes and courses described in paragraphs (1) and
(2) of subdivision (b) shall distribute basic information on American
government and civics that includes, but is not limited to,
instruction on all of the following:
(A) Federal, state, and local government.
(B) The three branches of government.
(C) The importance of civic engagement.
(D) Registering to vote.
(2) It is the intent of the Legislature that, consistent with the
requirements of Sections 51225.3 and 52555, students enrolled in
classes and courses described in paragraphs (1) and (2) of
subdivision (b) in which instruction in American government and
civics is appropriate shall receive instruction in American
government and civics.
(d) Each regional consortium's plan shall include, at a minimum:
(1) An evaluation of current levels and types of adult education
programs within its region, including education for adults in
correctional facilities; credit, noncredit, and enhanced noncredit
adult education coursework; and programs funded through Title II of
the federal Workforce Investment Act of 1998,
Workforce Innovation and Opportunity Act, known as the Adult
Education and Family Literacy Act (Public Law 105-220).
Act.
(2) An evaluation of current needs for adult education programs
within its region.
(3) Plans for parties that make up the consortium to integrate
their existing programs and create seamless transitions into
postsecondary education or the workforce.
(4) Plans to address the gaps identified pursuant to paragraphs
(1) and (2).
(5) Plans to employ approaches proven to accelerate a student's
progress toward his or her academic or career goals, such as
contextualized basic skills and career technical education, and other
joint programming strategies between adult education and career
technical education.
(6) Plans to collaborate in the provision of ongoing professional
development opportunities for faculty and other staff to help them
achieve greater program integration and improve student outcomes.
(7) Plans to leverage existing regional structures, including, but
not necessarily limited to, local workforce investment areas.
(e) The Chancellor of the California Community Colleges and the
State Department of Education may identify additional elements that
consortia must include in a plan.
(f) (1) On or before March 1, 2014, the Chancellor of the
California Community Colleges and the State Department of Education
shall submit a joint report to the Legislature and the Governor. This
report shall include, but not necessarily be limited to, both of the
following:
(A) The status of developing regional consortia across the state,
including identification of unserved geographic areas or emerging
gaps in regional program delivery.
(B) The status and allocation of grant awards made to regional
consortia.
(2) The report shall be submitted to the Legislature as provided
in Section 9795 of the Government Code.
(g) (1) On or before March 1, 2015, the Chancellor of the
California Community Colleges and the State Department of Education
shall submit a joint report to the Legislature and the Governor. This
report shall include, but is not limited to, both of the following:
(A) The plans developed by regional consortia across the state.
(B) Recommendations for additional improvements in the delivery
system serving adult learners.
(2) The report shall be submitted to the Legislature as provided
in Section 9795 of the Government Code.
(h) It is the intent of the Legislature to work toward developing
common policies related to adult education affecting adult schools at
local educational agencies and community colleges, including
policies on fees and funding levels.
(i) It is the intent of the Legislature to provide additional
funding in the 2015-16 fiscal year to regional consortia to expand
and improve the provision of adult education.
SEC. 9. Section 88640 of the Education Code is amended to read:
88640. (a) (1) Programs and activities of the Job Development
Incentive Training Program shall include a strong partnership with
state and local economic development entities, workforce development
agencies, community-based organizations, and the private sector. It
is the intent of the Legislature that this program provide training
on a no-cost or low-cost basis to participating employers who create
employment opportunities at an acceptable wage level for the
attainment of self-sufficiency by both of the following groups:
(A) Recipients of aid under Chapter 2 (commencing with Section
11200) of Part 3 of Division 9 of the Welfare and Institutions Code.
(B) Clients determined to be eligible because they are employed at
a wage too low to attain self-sufficiency.
(2) Guidelines for the determination of eligibility under this
subdivision shall be developed by the chancellor's office in
consultation with the appropriate agencies responsible for collecting
appropriate data. A structured career ladder methodology may be
implemented in this program area.
(3) Funds received from other eligible programs, including, but
not necessarily limited to, programs under the federal
Workforce Investment Act of 1998 (Public Law 105-220)
Workforce Innovation and Opportunity Act and other applicable
programs selected by the chancellor, or a combination of programs,
may be used to provide funds to match job development incentive
training funds.
(b) It is the intent of the Legislature that the expenditure of
funds under this section should lead measurably to the upgrading of
highly skilled and technical workers, upgrade opportunities for those
who are employed at a wage too low to attain self-sufficiency, and
the creation of jobs for new entrants into the workforce.
SEC. 10. Section 1091.2 of the Government Code is amended to read:
1091.2. Section 1090 shall not apply to any contract or grant
made by local workforce investment boards created pursuant to the
federal Workforce Investment Act of 1998
Workforce Innovation and Opportunity Act except where both of
the following conditions are met:
(a) The contract or grant directly relates to services to be
provided by any member of a local workforce investment board or the
entity the member represents or financially benefits the member or
the entity he or she represents.
(b) The member fails to recuse himself or herself from making,
participating in making, or in any way attempting to use his or her
official position to influence a decision on the grant or grants.
SEC. 11. Section 12803.6 of the Government Code is amended to
read:
12803.6. (a) The Governor shall authorize the Secretary of the
Labor and Workforce Development Agency, in collaboration with the
secretary of the California Health and Human Services Agency, to make
available the expertise of state employees and programs to support
the employment-related needs of individuals with disabilities. Using
existing resources, the agencies shall develop a sustainable,
comprehensive strategy to do all of the following:
(1) Bring individuals with disabilities into gainful employment at
a rate that is as close as possible to that of the general
population.
(2) Support the goals of equality of opportunity, full
participation, independent living, and economic self-sufficiency for
these individuals.
(3) Ensure that state government is a model employer of
individuals with disabilities.
(4) Support state coordination with, and participation in,
benefits planning training and information dissemination projects
supported by private foundations and federal grants.
(b) The Labor and Workforce Development Agency shall monitor and
enforce implementation of Section 188 of the federal
Workforce Investment Act of 1998 (29 U.S.C. Sec. 2938).
Workforce Innovation and Opportunity Act.
SEC. 12. Section 95501 of the Government Code is amended to read:
95501. This title shall become operative upon an appropriation of
funds by the Legislature, or the allocation of existing
discretionary funds by the Governor pursuant to Section 128(a) of the
Workforce Investment Act of 1998 (29 U.S.C. Sec. 2853(a)),
federal Workforce Innovation and Opportunity Act,
for the specific stated purpose of establishing the California
Savings and Asset Project. This title shall be implemented to the
extent that funding is appropriated in the annual Budget Act or any
future act by the Legislature, or allocated by the Governor.
SEC. 13. Section 4658.7 of the Labor Code is amended to read:
4658.7. (a) This section shall apply to injuries occurring on or
after January 1, 2013.
(b) If the injury causes permanent partial disability, the injured
employee shall be entitled to a supplemental job displacement
benefit as provided in this section unless the employer makes an
offer of regular, modified, or alternative work, as defined in
Section 4658.1, that meets both of the following criteria:
(1) The offer is made no later than 60 days after receipt by the
claims administrator of the first report received from either the
primary treating physician, an agreed medical evaluator, or a
qualified medical evaluator, in the form created by the
administrative director pursuant to subdivision (h), finding that the
disability from all conditions for which compensation is claimed has
become permanent and stationary and that the injury has caused
permanent partial disability.
(A) If the employer or claims administrator has provided the
physician with a job description of the employee's regular work,
proposed modified work, or proposed alternative work, the physician
shall evaluate and describe in the form whether the work capacities
and activity restrictions are compatible with the physical
requirements set forth in that job description.
(B) The claims administrator shall forward the form to the
employer for the purpose of fully informing the employer of work
capacities and activity restrictions resulting from the injury that
are relevant to potential regular, modified, or alternative work.
(2) The offer is for regular work, modified work, or alternative
work lasting at least 12 months.
(c) The supplemental job displacement benefit shall be offered to
the employee within 20 days after the expiration of the time for
making an offer of regular, modified, or alternative work pursuant to
paragraph (1) of subdivision (b).
(d) The supplemental job displacement benefit shall be in the form
of a voucher redeemable as provided in this section up to an
aggregate of six thousand dollars ($6,000).
(e) The voucher may be applied to any of the following expenses at
the choice of the injured employee:
(1) Payment for education-related retraining or skill enhancement,
or both, at a California public school or with a provider that is
certified and on the state's Eligible Training Provider List (EPTL),
as authorized by the federal Workforce Investment Act (P.L.
105-220), Workforce Innovation and Opportunity Act,
including payment of tuition, fees, books, and other expenses
required by the school for retraining or skill enhancement.
(2) Payment for occupational licensing or professional
certification fees, related examination fees, and examination
preparation course fees.
(3) Payment for the services of licensed placement agencies,
vocational or return-to-work counseling, and résumé preparation, all
up to a combined limit of 10 percent of the amount of the voucher.
(4) Purchase of tools required by a training or educational
program in which the employee is enrolled.
(5) Purchase of computer equipment, up to one thousand dollars
($1,000).
(6) Up to five hundred dollars ($500) as a miscellaneous expense
reimbursement or advance, payable upon request and without need for
itemized documentation or accounting. The employee shall not be
entitled to any other voucher payment for transportation, travel
expenses, telephone or Internet access, clothing or uniforms, or
incidental expenses.
(f) The voucher shall expire two years after the date the voucher
is furnished to the employee, or five years after the date of injury,
whichever is later. The employee shall not be entitled to payment or
reimbursement of any expenses that have not been incurred and
submitted with appropriate documentation to the employer prior to the
expiration date.
(g) Settlement or commutation of a claim for the supplemental job
displacement benefit shall not be permitted under Chapter 2
(commencing with Section 5000) or Chapter 3 (commencing with Section
5100) of Part 3.
(h) The administrative director shall adopt regulations for the
administration of this section, including, but not limited to, both
of the following:
(1) The time, manner, and content of notices of rights under this
section.
(2) The form of a mandatory attachment to a medical report to be
forwarded to the employer pursuant to paragraph (1) of subdivision
(b) for the purpose of fully informing the employer of work
capacities and of activity restrictions resulting from the injury
that are relevant to potential regular work, modified work, or
alternative work.
(i) An employer shall not be liable for compensation for injuries
incurred by the employee while utilizing the voucher.
SEC. 14. Section 999.80 of the Military and Veterans Code is
amended to read:
999.80. Any entity, or other entity with which it subcontracts,
that receives funding from the federal Workforce Investment
Act of 1998 (WIA) (29 U.S.C. Sec. 2801 et seq.),
Workforce Innovation and Opportunity Act, as identified in Item
7100-001-0869, schedule (4) 61.60 - WIA Removing Barriers for
Special Needs Populations, identified for use for veterans, of
Section 2.00 of the Budget Act of 2009 (Chapter 1 of the Statutes of
the 2009 Third Extraordinary Session), and future budget acts, shall
meet the following criteria:
(a) Demonstrate the knowledge, experience, and capacity to provide
desired services to veterans.
(b) Demonstrate that the majority of the entity's WIA resources
are dedicated to serving the needs of veterans and their families.
SEC. 15. Section 14403 of the Public Resources Code is amended to
read:
14403. (a) The corps shall cooperate with, and seek the
cooperation of state and local workforce investment boards and youth
councils, designated pursuant to the federal Workforce
Investment Act (29 U.S.C. Sec. 2801 et seq.) Workforce
Innovation and Opportunity Act to secure employment and
training services for corpsmembers.
(b) These employment and training services may include job search
assistance, skills training, transitional employment, or any other
services provided under the federal Workforce Investment Act
Workforce Innovation and Opportunity Act that
would lead to employment for the corpsmember.
(c) Employment and training services may be provided to
corpsmembers as a component of their work with the corps or upon
their termination from the corps.
SEC. 16. Section 320.5 of the Unemployment Insurance Code is
amended to read:
320.5. The director may by authorized regulations prescribe the
information required to be reported to the department by employing
units under this division and employers subject to withholding tax
under Division 6 (commencing with Section 13000) in order to make
reports required by the Secretary of Labor, to provide information
necessary to administer this code, to estimate unemployment rates or
to make other estimates required for the purpose of dispensing or
withholding money payments under the Welfare Reform Act of 1971, the
Employment Security Amendments of 1970, the Emergency Unemployment
Compensation Act of 1971, or the Workforce Investment Act of
1998, federal Workforce Innovation and Opportunity
Act, and to make any other reports or estimates that may be
required by any other state or federal law. The authorized
regulations of the director may include requirements for the
reporting of employment, unemployment, hours, wages, earnings, the
location and nature of the industrial, business, or other activity of
each establishment for the conduct of business, performance of
services, or industrial operations, and such other requirements as
are necessary to comply with this section.
SEC. 17. Section 325.6 of the Unemployment Insurance Code is
amended to read:
325.6. (a) It is the intent of the Legislature that state
supported Veterans Employment Training services meet the same
performance standards as those required by the federal
Workforce Investment Act Workforce Innovation and
Opportunity Act for services provided to veterans.
(b) Following any fiscal year in which state funds support the
Veterans Employment Training services program, the Employment
Development Department shall provide an annual report to the
Legislature, on or before November 1, regarding the following
performance measures:
(1) The number of veterans receiving individualized, case managed
services.
(2) The number of veterans who receive individualized, case
managed services entering employment.
(3) The retention rate for veterans who enter employment.
(4) The average earnings for veterans entering employment.
SEC. 18. Section 1177.5 of the Unemployment Insurance Code is
amended to read:
1177.5. (a) If the director determines that an overpayment has
been made to the department by an employing unit or the School
Employees Fund because of a reason specified in this subdivision, and
the amount of the overpayment has been reimbursed to the state by
the federal government pursuant to the federal Workforce Investment
Act of 1998, or the Workforce Innovation and Opportunity Act,
then the director shall credit the employing unit or the School
Employees Fund with the amount of that overpayment, provided that
the director determines that the overpayment was made because of one
of the following:
(1) An employing unit paid unemployment insurance contributions
after December 31, 1974, based on wages paid to individuals
participating in a public service employment program under the
federal Workforce Investment Act of 1998.
Workforce Innovation and Opportunity Act.
(2) An employing unit paid amounts after December 31, 1975,
pursuant to Section 803 of this part, for benefits awarded based on
wages paid to individuals participating in a public service
employment program under the federal Workforce Investment
Act of 1998. Workforce Innovation and Opportunity Act.
(3) Payments were made by the School Employees Fund after December
31, 1975, to the Unemployment Fund pursuant to Section 821 of this
part for benefits awarded based on wages paid to individuals
participating in a public service employment program under the
federal Workforce Investment Act of 1998.
Workforce Innovation and Opportunity Act.
(b) No overpayment described in subdivision (a) shall be refunded
to an employing unit or to the School Employees Fund.
SEC. 19. Section 1269 of the Unemployment Insurance Code is
amended to read:
1269. A determination of automatic eligibility for benefits under
this article shall be issued to an unemployed individual if the
director finds that any of the following applies:
(a) The training is authorized by the federal Workforce
Investment Act of 1998 (Public Law 105-220) Workforce
Innovation and Opportunity Act or by the Employment Training
Panel established pursuant to Chapter 3.5 (commencing with Section
10200) of Part 1 of Division 3.
(b) The training is authorized by the federal Trade Act of 1974
(19 U.S.C. Sec. 2101 et seq.), as amended by the federal Trade Act of
2002 (Public Law 107-210), and as those acts may be amended by the
federal Trade and Globalization Adjustment Assistance Act of 2009,
enacted under the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5), pursuant to a certified petition.
(c) The individual is a participant in the California Work
Opportunity and Responsibility to Kids (CalWORKs) program pursuant to
Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3
of Division 9 of the Welfare and Institutions Code, and has entered
into a contract with the county welfare department to participate in
an education or training program.
(d) (1) The individual is a participant in training with a
provider that is certified and on the state's Eligible Training
Provider List (ETPL), as authorized by the federal Workforce
Investment Act of 1998 (Public Law 105-220),
Workforce Innovation and Opportunity Act, or is a permanent or
probationary public school teacher who is a participant in a
credential preparation program or training program approved or
accredited by the Commission on Teacher Credentialing for additional
certification in math, science, or special education, for
kindergarten and grades 1 to 12, inclusive, and was laid off. The
credential preparation program or training program shall only be
approved if a permanent or probationary public school teacher enrolls
in the training within three years of being laid off from the public
school employer.
(2) The changes made to this subdivision by
the act adding this paragraph shall become operative on January 1,
2014.
(e) The individual is a journey level union member and the
training or retraining course of instruction is industry-related
training necessary due to changes in technology, or industry demands,
or is necessary to retain employment or to become more competitive
in obtaining employment.
SEC. 20. Section 1279.5 of the Unemployment Insurance Code, as
added by Section 2 of Chapter 141 of the Statutes of 2013, is amended
to read:
1279.5. (a) As used in this section:
(1) "Affected unit" means a specified plant, department, shift, or
other definable unit that includes two or more workers and not less
than 10 percent of the employer's regular permanent work force
involved in the affected unit or units in each week, or in at least
one week of a two-consecutive-week period, to which an approved work
sharing plan applies.
(2) "Health and retirement benefits" means employer-provided
health benefits and retirement benefits under a defined benefit
pension plan, as defined in Section 414(j) of the Internal Revenue
Code, or contributions under a defined contribution plan, as defined
in Section 414(i) of the Internal Revenue Code, that are incidents of
employment in addition to the cash remuneration earned.
(3) "Work sharing compensation" means the unemployment
compensation benefits payable to employees in an affected unit under
an approved work sharing plan, as distinguished from the unemployment
compensation benefits otherwise payable under this part.
(4) "Work sharing plan" means a plan submitted by an employer, for
approval by the director, under which the employer requests the
payment of work sharing compensation to employees in an affected unit
of the employer in lieu of layoffs.
(5) "Work sharing program" means the program described by this
section.
(6) "Usual weekly hours of work" means the usual hours of work for
full- or part-time employees in the affected unit when that unit is
operating on its regular basis, not to exceed 40 hours and not
including hours of overtime work.
(7) "Unemployment compensation" means the unemployment
compensation benefits payable under this part other than work sharing
compensation and includes amounts payable pursuant to an agreement
under federal law providing for compensation, assistance, or
allowances with respect to unemployment.
(b) Notwithstanding Section 1252 or 1252.2 or any other provision
of this part, for the purposes of this section an employee is
"unemployed" in any week if the employee works less than his or her
usual weekly hours of work for the employee's regular employer, as
the result of the regular employer's participation in a work sharing
plan that meets the requirements of this section and has been
approved by the director, pursuant to which the employer, in lieu of
layoff, reduces employment and stabilizes the workforce.
(c) An employer wishing to participate in the work sharing
program, on and after July 1, 2014, shall submit a signed written
work sharing plan to the director for approval. The director shall
develop an application form to request approval of a work sharing
plan and an approval process that meets the requirements of this
section. The application shall include, but is not limited to, the
following:
(1) The affected unit covered by the plan, including the number of
full- or part-time employees in the unit, the percentage of
employees in the affected unit covered by the plan, identification of
each individual employee in the affected unit by name, social
security number, and the employer's unemployment tax account number
and any other information required by the director to identify plan
participants.
(2) A description of how employees in the affected unit will be
notified of the employer's participation in the work sharing plan if
the application is approved, including how the employer will notify
those employees in a collective bargaining unit as well as any
employees in the affected unit who are not in a collective bargaining
unit. If the employer does not intend to provide advance notice to
employees in the affected unit, the employer shall explain in a
statement in the application why it is not feasible to provide that
notice.
(3) A requirement that the employer identify, in the application,
the usual weekly hours of work for employees in the affected unit and
the specific percentage by which their hours will be reduced during
all weeks covered by the plan. The percentage of reduction of usual
weekly hours of work for which a work sharing plan may be approved
shall not be less than 10 percent or more than 60 percent. If the
plan includes any week for which the employer regularly does not
provide work, including, but not limited to, incidences due to a
holiday or plant closing, then that week shall be identified in the
application.
(4) (A) Except as provided in subparagraph (B), certification by
the employer, if the employer provides health and retirement benefits
to any employee whose usual weekly hours of work are to be reduced
under the plan, that the benefits will continue to be provided, to
the extent permitted by federal law, to employees participating in
the work sharing plan under the same terms and conditions as though
the usual weekly hours of work of these employees had not been
reduced or to the same extent as other employees not participating in
the work sharing plan. For defined benefit retirement plans, to the
extent permitted by federal law, the hours that are reduced under the
work sharing plan shall be credited for purposes of participation,
vesting, and accrual of benefits as though the usual weekly hours of
work had not been reduced. The dollar amount of employer
contributions to a defined contribution plan that are based on a
percentage of compensation may be less due to the reduction in the
employee's compensation.
(B) If a reduction in health and retirement benefits is scheduled
to occur during the duration of the plan and those reductions will be
applied equally to employees who are not participating in the work
sharing program, then the application shall so certify, and those
benefits may be reduced for those employees who are participating in
the work sharing plan.
(5) Certification by the employer that the aggregate reduction in
work hours is in lieu of temporary or permanent layoffs, or both. The
application shall include an estimate of the number of workers who
would have been laid off in the absence of the work sharing plan.
(6) Agreement by the employer to do all of the following:
(A) Furnish reports to the director relating to the proper conduct
of the plan.
(B) Allow the director or his or her authorized representatives
access to all records necessary to approve or disapprove the plan
application.
(C) After approval of a plan, monitor and evaluate the plan.
(D) Follow any other directives the director deems necessary for
the department to implement the plan and that are consistent with the
requirements for plan applications.
(7) Certification by the employer that participation in the work
sharing plan and its implementation is consistent with the employer's
obligations under applicable federal and state laws.
(8) The effective date and duration of the plan, which shall not
be later than the end of the 12th full calendar month after the
effective date.
(9) Any other provision added to the application by the director
that the United States Secretary of Labor determines to be
appropriate for purposes of a work sharing plan.
(d) The director shall approve or disapprove a work sharing plan
in writing by the close of business no later than 10 working days
from the date the completed plan is received and communicate the
decision to the employer. A decision disapproving the plan shall
clearly identify the reasons for the disapproval. Within 20 days, the
employer may submit a request for review of the disapproved work
sharing plan to the director's work sharing administrator, whom the
director shall designate for this purpose. After review, the work
sharing administrator's decision of approval or disapproval shall be
final. If disapproved, the employer may submit a different work
sharing plan for approval.
(e) The director shall work with the employer to determine the
effective date of a work sharing plan, which shall be specified in
the notice of approval to the employer. The plan shall expire on the
date specified in the notice of approval, which shall be either the
date at the end of the 12th full calendar month after its effective
date or an earlier date mutually agreed upon by the employer and the
director. However, if a work sharing plan is revoked by the director
under subdivision (f) of this section, the plan shall terminate on
the date specified in the director's written order of revocation. An
employer may terminate a work sharing plan at any time upon written
notice to the director. An employer may submit an application to
renew the work sharing plan not more than 10 days after a previously
approved work sharing plan expires.
(f) The director may revoke approval of a work sharing plan for
good cause at any time. The revocation order shall be in writing and
shall specify the reasons for the revocation and the date the
revocation is effective. The director may periodically review the
operation of an employer's work sharing plan to ensure that good
cause does not exist for revocation of the approval of the plan. For
purposes of these provisions, good cause includes, but is not limited
to, failure to comply with the assurances given in the plan,
unreasonable revision of productivity standards for the affected
unit, conduct or occurrences tending to defeat the intent and
effective operation of the work sharing plan, and violation of any
criteria on which approval of the plan was based.
(g) An employer may request a modification of an approved plan by
filing a written request to the director. The request shall identify
the specific provisions proposed to be modified and provide an
explanation of why the proposed modification is appropriate for the
work sharing plan. The director shall approve or disapprove the
proposed modification in writing by the close of business no later
than 10 working days from the date the proposed modification is
received and communicate the decision to the employer. The director,
in his or her discretion, may approve a request for modification of
the plan based on conditions that have changed since the plan was
approved, provided that the modification is consistent with and
supports the purposes for which the plan was initially approved. A
modification does not extend the expiration date of the original
plan, and the director shall promptly notify the employer whether the
plan modification has been approved and, if approved, the effective
date of the modification, which shall not be earlier than the
effective date of the original work sharing plan. An employer is not
required to request approval of a plan modification from the director
if the change is not substantial, but the employer shall promptly
report, in writing, every change to the plan to the director. The
director may terminate an employer's plan if the employer fails to
meet this reporting requirement. If the director determines that the
reported change is substantial, the director shall require the
employer to request a modification to the plan.
(h) (1) An employee is eligible to receive work sharing
compensation with respect to any week only if the employee is
monetarily eligible for unemployment compensation, not otherwise
disqualified for unemployment compensation, and both of the following
are true:
(A) During the week, the employee is employed as a member of an
affected unit under an approved work sharing plan, which was approved
prior to that week, and the plan is in effect with respect to the
week for which work sharing compensation is claimed.
(B) Notwithstanding any other provisions relating to availability
for work and actively seeking work, the employee is available for the
employee's usual hours of work with the work sharing employer, which
may include, for purposes of this section, participating in training
to enhance job skills that is approved by the director, such as
employer-sponsored training or training funded under the federal
Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et
seq.). Workforce Innovation and Opportunity
Act.
(2) Notwithstanding any other provision of law, an employee
covered by a work sharing plan is deemed unemployed in any week
during the duration of that plan if the employee's remuneration as an
employee in an affected unit is reduced based on a reduction of the
employee's usual weekly hours of work under an approved work sharing
plan.
(i) For the purposes of this section, an employee shall not be
disqualified under subdivision (c) of Section 1253 for any week if
both of the following conditions exist:
(1) The employee has not been absent from work without the
approval of the regular employer.
(2) The employee accepted all work the regular employer made
available to the individual during hours scheduled off due to the
work sharing plan.
(j) The work sharing weekly compensation amount shall be the
product of the regular weekly unemployment compensation amount for a
week of total unemployment multiplied by the percentage of reduction
in the individual's usual weekly hours of work.
(k) (1) Provisions applicable to unemployment compensation shall
apply to employees in a work sharing plan to the extent that they are
not inconsistent with work sharing program provisions. An employee
who files an initial claim for work sharing compensation shall
receive a monetary determination. An employee may be eligible for
work sharing compensation or unemployment compensation, as
appropriate, except that an employee shall not be eligible for
combined benefits in any benefit year in an amount more than the
maximum entitlement established for regular unemployment
compensation, nor shall an employee be paid work sharing benefits for
more than 52 weeks under a work sharing plan.
(2) An employee who is not provided any work during a week by the
work sharing employer, or any other employer, and who is otherwise
eligible for unemployment compensation, shall be eligible for the
amount of regular unemployment compensation to which he or she would
otherwise be eligible.
(3) An employee who is not provided any work by the work sharing
employer during a week, but who works for another employer and is
otherwise eligible, may be paid unemployment compensation for that
week subject to the disqualifying income and other provisions
applicable to claims for regular unemployment compensation.
(4) The work sharing compensation paid to an employee shall be
deducted from the maximum entitlement amount of regular unemployment
compensation established for that employee's benefit year.
(5) An employee who has received all of the work sharing
compensation or combined unemployment compensation and work sharing
compensation available in a benefit year shall be considered an
exhaustee for purposes of extended benefits and, if otherwise
eligible under those provisions, shall be eligible to receive
extended benefits.
(6) No employee who receives any benefits under this section
during any benefit year shall receive any benefits pursuant to
Section 1252 or 1252.2 as a partially unemployed individual with
respect to any week during a benefit year while in employment status
with the regular employer who initiated the work sharing plan under
this section.
(7) Sections 1253.5 and 1279 shall not apply to any individual
eligible for any payment under this section.
(l) Any amount payable under this section shall be reduced by the
amount of any and all compensation payable for personal services,
whether performed as an employee or an independent contractor or as a
juror or as a witness, except compensation payable by the regular
employer under a work sharing plan. For the purposes of this
subdivision, "regular employer" may include, pursuant to an approved
plan, a labor organization that periodically employs individuals in
accordance with a collective bargaining agreement.
(m) Work sharing compensation shall be charged to employers'
experience rating accounts in the same manner as unemployment
compensation is charged under this part. Employers liable for
payments in lieu of contributions shall have work sharing
compensation attributed to service in their employ in the same manner
as unemployment compensation is attributed.
(n) The benefit payment under this section, if not a multiple of
one dollar ($1), shall be increased to the next higher multiple of
one dollar ($1).
(o) Except as otherwise provided by or inconsistent with this
section, all provisions of this division and authorized regulations
apply to benefits under this section. Authorized regulations may, to
the extent permitted by federal law, make those distinctions and
requirements as may be necessary in the procedures and provisions
applicable to unemployed individuals to carry out the purposes of
this section, including, but not limited to, regulations defining
normal hours, days, workweeks, and wages.
(p) Employees shall not be eligible to receive any benefits under
this section unless their employer agrees, in writing, and their
bargaining agent pursuant to any applicable collective bargaining
agreement agrees, in writing, to voluntarily participate in the work
sharing program created by this section.
(q) Notwithstanding Section 1327, the department shall not be
required to notify an employer of additional claims that result from
an approved plan submitted by the employer under which benefits are
not paid in each week.
(r) This section shall become operative on July 1, 2014. This
section shall apply to work sharing plans that become effective on or
after July 1, 2014.
SEC. 21. Section 2051 of the Unemployment Insurance Code is
amended to read:
2051. The State of California accepts the provisions of the
Wagner-Peyser Act, approved June 6, 1933, as amended by the
Workforce Investment Act of 1998 (Public Law 105-220)
federal Workforce Innovation and Opportunity Act passed by the
Congress of the United States, and entitled "An act to provide for
the establishment of a national employment system and for cooperation
with the states in the promotion of the system, and for other
purposes," in conformity with Section 4 thereof, and will observe and
comply with the requirements of that act.
The department is the agency of this state for the purposes of
that act.
SEC. 22. 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 Investment Act of
1998 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 Investment Act. 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. 23. Section 9809.5 of the Unemployment Insurance Code is
amended to read:
9809.5. Each grant recipient shall report to the director on
other participant outcomes as required by the Governor under Section
122(h) of the federal Workforce Investment Act of 1998.
Workforce Innovation and Opportunity Act.
SEC. 24. Section 10200 of the Unemployment Insurance Code is
amended to read:
10200. The Legislature finds and declares the following:
(a) California's economy is being challenged by competition from
other states and overseas. In order to meet this challenge,
California's employers, workers, labor organizations, and government
need to invest in a skilled and productive workforce, and in
developing the skills of frontline workers. For purposes of this
section, "frontline worker" means a worker who directly produces or
delivers goods or services.
The purpose of this chapter is to establish a strategically
designed employment training program to promote a healthy labor
market in a growing, competitive economy that shall fund only
projects that meet the following criteria:
(1) Foster creation of high-wage, high-skilled jobs, or foster
retention of high-wage, high-skilled jobs in manufacturing and other
industries that are threatened by out-of-state and global
competition, including, but not limited to, those industries in which
targeted training resources for California's small and medium-sized
business suppliers will increase the state's competitiveness to
secure federal, private sector, and other nonstate funds. In
addition, provide for retraining contracts in companies that make a
monetary or in-kind contribution to the funded training enhancements.
(2) Encourage industry-based investment in human resources
development that promotes the competitiveness of California industry
through productivity and product quality enhancements.
(3) Result in secure jobs for those who successfully complete
training. All training shall be customized to the specific
requirements of one or more employers or a discrete industry and
shall include general skills that trainees can use in the future.
(4) Supplement, rather than displace, funds available through
existing programs conducted by employers and government-funded
training programs, such as the Workforce Investment Act of
1998 (29 U.S.C. Sec. 2801 et seq.), federal Workforce
Innovation and Opportunity Act, the Carl D. Perkins Vocational
Education Act (Public Law 98-524), CalWORKs (Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code), the Enterprise Zone Act (Chapter 12.8
(commencing with Section 7070) of Division 7 of Title 1 of the
Government Code), and the McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.), the California
Community Colleges Economic Development Program, or apportionment
funds allocated to the community colleges, regional occupational
centers and programs, or other local educational agencies. In
addition, it is further the intention of the Legislature that
programs developed pursuant to this chapter shall not replace,
parallel, supplant, compete with, or duplicate in any way already
existing approved apprenticeship programs.
(b) The Employment Training Panel, in funding projects that meet
the requirements of subdivision (a), shall give funding priority to
those projects that best meet the following goals:
(1) Result in the growth of the California economy by stimulating
exports from the state and the production of goods and services that
would otherwise be imported from outside the state.
(2) Train new employees of firms locating or expanding in the
state that provide high-skilled, high-wage jobs and are committed to
an ongoing investment in the training of frontline workers.
(3) Develop workers with skills that prepare them for the
challenges of a high performance workplace of the future.
(4) Train workers who have been displaced, have received
notification of impending layoff, or are subject to displacement,
because of a plant closure, workforce reduction, changes in
technology, or significantly increasing levels of international and
out-of-state competition.
(5) Are jointly developed by business management and worker
representatives.
(6) Develop career ladders for workers.
(7) Promote the retention and expansion of the state's
manufacturing workforce.
(c) The program established through this chapter is to be
coordinated with all existing employment training programs and
economic development programs, including, but not limited to,
programs such as the Workforce Investment Act of 1998 (29
U.S.C. Sec. 2801 et seq.), federal Workforce
Innovation and Opportunity Act, the California Community
Colleges, the regional occupational programs, vocational education
programs, joint labor-management training programs, and related
programs under the Employment Development Department and the Governor'
s Office of Business and Economic Development, and the Business,
Consumer Services, and Housing Agency.
SEC. 25. Section 10204 of the Unemployment Insurance Code is
amended to read:
10204. The panel shall coordinate its programs with local and
state workforce investment boards and other partners of the federal
Workforce Investment Act of 1998. Workforce
Innovation and Opportunity Act. This coordination shall
include, but not be limited to, the adoption of a plan, including
regular sharing of data, for the coordination of training authorized
pursuant to this chapter with programs administered under Division 8
(commencing with Section 15000).
SEC. 26. Section 10205 of the Unemployment Insurance Code is
amended to read:
10205. The panel shall do all of the following:
(a) Establish a three-year plan that shall be updated annually,
based on the demand of employers for trained workers, changes in the
state's economy and labor markets, and continuous reviews of the
effectiveness of panel training contracts. The updated plan shall be
submitted to the Governor and the Legislature not later than January
1 of each year. In carrying out this section, the panel shall review
information in the following areas:
(1) Labor market information, including the state-local labor
market information program in the Employment Development Department
and other relevant regional or statewide initiatives and
collaboratives.
(2) Evaluations of the effectiveness of training as measured by
increased security of employment for workers and benefits to the
California economy.
(3) The demand for training by industry, type of training, and
size of employer.
(4) Changes in skills necessary to perform jobs, including changes
in basic literacy skills.
(5) Changes in the demographics of the labor force and the
population entering the labor market.
(6) Proposed expenditures by other agencies of federal
Workforce Investment Act Workforce Innovation and
Opportunity Act funds and other state and federal
training and vocational education funds on eligible participants.
(b) Maintain a system to continuously monitor economic and other
data required under this plan. If this data changes significantly
during the life of the plan, the plan shall
be amended by the panel. Each plan shall include
all of the following:
(1) The panel's objectives with respect to the criteria and
priorities specified in Section 10200 and the distribution of funds
between new-hire training and retraining.
(2) The identification of specific industries, production and
quality control techniques, and regions of the state where employment
training funds would most benefit the state's economy and plans to
encourage training in these areas, including specific standards and a
system for expedited review of proposals that meet the standards.
(3) A system for expedited review of proposals that are
substantially similar with respect to employer needs, training
curriculum, duration of training, and costs of training, in order to
encourage the development of proposals that meet the needs identified
in paragraph (2).
(4) The panel's goals, operational objectives, and strategies to
meet the needs of small businesses, including, but not limited to,
those small businesses with 100 or fewer employees. These strategies
proposed by the panel may include, but not be limited to, pilot
demonstration projects designed to identify potential barriers that
small businesses may experience in accessing panel programs and
workforce training resources, including barriers that may exist
within small businesses.
(5) The research objectives of the panel that contribute to the
effectiveness of this chapter in benefiting the economy of the state
as a whole.
(6) A priority list of skills or occupations that are in such
short supply that employers are choosing to not locate or expand
their businesses in the state or are importing labor in response to
these skills shortages.
(7) A review of the panel's efforts to coordinate with the
California Workforce Investment Board and local boards to achieve an
effective and coordinated approach in the delivery of the state's
workforce resources.
(A) The panel will consider specific strategies to achieve this
goal that include the development of initiatives to engage local
workforce investment boards in enhancing the utilization of panel
training resources by companies in priority sectors, special
populations, and in geographically underserved areas of the state.
(B) Various approaches to foster greater program integration
between workforce investment boards and the panel will also be
considered, which may include marketing agreements, expanded
technical assistance, modification of program regulations and policy,
and expanded use of multiple employer contracts.
(c) Solicit proposals and write contracts on the basis of
proposals made directly to it. Contracts for the purpose of providing
employment training may be written with any of the following:
(1) An employer or group of employers.
(2) A training agency.
(3) A local workforce investment board with the approval of the
appropriate local elected officials in the local workforce investment
area.
(4) A grant recipient or administrative entity selected pursuant
to the federal Workforce Investment Act of 1998,
Workforce Innovation and Opportunity Act, with the
approval of the local workforce investment board and the appropriate
local elected officials.
These contracts shall be in the form of fixed-fee performance
contracts. Notwithstanding any provision of law to the contrary,
contracts entered into pursuant to this chapter shall not be subject
to competitive bidding procedures. Contracts for training may be
written for a period not to exceed 24 months for the purpose of
administration by the panel and the contracting employer or any group
of employers acting jointly or any training agency for the purpose
of providing employment training.
(d) Fund training projects that best meet the priorities
identified annually. In doing so, the panel shall seek to facilitate
the employment of the maximum number of eligible participants.
(e) Establish minimum standards for the consideration of
proposals, which shall include, but not be limited to, evidence of
labor market demand, the number of jobs available, the skill
requirements for the identified jobs, the projected cost per person
trained, hired, and retained in employment, the wages paid successful
trainees upon placement, and the curriculum for the training. No
proposal shall be considered or approved that proposes training for
employment covered by a collective bargaining agreement unless the
signatory labor organization agrees in writing.
(f) Ensure the provision of adequate fiscal and accounting
controls for, monitoring and auditing of, and other appropriate
technical and administrative assistance to, projects funded by this
chapter.
(g) Provide for evaluation of projects funded by this chapter. The
evaluations shall assess the effectiveness of training previously
funded by the panel to improve job security and stability for
workers, and benefit participating employers and the state's economy,
and shall compare the wages of trainees in the 12-month period prior
to training as well as the 12-month period subsequent to completion
of training, as reflected in the department's unemployment insurance
tax records. Individual project evaluations shall contain a summary
description of the project, the number of persons entering training,
the number of persons completing training, the number of persons
employed at the end of the project, the number of persons still
employed three months after the end of the project, the wages paid,
the total costs of the project, and the total reimbursement received
from the Employment Training Fund.
(h) Report annually to the Legislature, by November 30, on
projects operating during the previous state fiscal year. These
annual reports shall provide separate summaries of all of the
following:
(1) Projects completed during the year, including their individual
and aggregate performance and cost.
(2) Projects not completed during the year, briefly describing
each project and identifying approved contract amounts by contract
and for this category as a whole, and identifying any projects in
which funds are expected to be disencumbered.
(3) Projects terminated prior to completion and the reasons for
the termination.
(4) A description of the amount, type, and effectiveness of
literacy training funded by the panel.
(5) Results of complete project evaluations.
(6) A description of pilot projects, and the strategies that were
identified through these projects, to increase access by small
businesses to panel training contracts.
(7) A listing of training projects that were funded in high
unemployment areas and a detailed description of the policies and
procedures that were used to designate geographic regions and
municipalities as high unemployment areas.
In addition, based upon its experience in administering job
training projects, the panel shall include in these reports policy
recommendations concerning the impact of job training and the panel's
program on economic development, labor-management relations,
employment security, and other related issues.
(i) Conduct ongoing reviews of panel policies with the goal of
developing an improved process for developing, funding, and
implementing panel contracts as described in this chapter.
(j) Expedite the processing of contracts for firms considering
locating or expanding businesses in the state, in accordance with the
priorities for employment training programs set forth in subdivision
(b) of Section 10200.
(k) Coordinate and consult regularly with business groups and
labor organizations, the California Workforce Investment Board, the
State Department of Education, the office of the Chancellor of the
California Community Colleges, and the Employment Development
Department.
(l) Adopt by regulation procedures for the conduct of panel
business, including the scheduling and conduct of meetings, the
review of proposals, the disclosure of contacts between panel members
and parties at interest concerning particular proposals, contracts
or cases before the panel or its staff, the awarding of contracts,
the administration of contracts, and the payment of amounts due to
contractors. All decisions by the panel shall be made by resolution
of the panel and any adverse decision shall include a statement of
the reason for the decision.
(m) Adopt regulations and procedures providing reasonable
confidentiality for the proprietary information of employers seeking
training funds from the panel if the public disclosure of that
information would result in an unfair competitive disadvantage to the
employer supplying the information. The panel may not withhold
information from the public regarding its operations, procedures, and
decisions that would otherwise be subject to disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
(n) Review and comment on the budget and performance of any
program, project, or activity funded by the panel utilizing funds
collected pursuant to Section 976.6.
SEC. 27. Section 11024 of the Unemployment Insurance Code is
amended to read:
11024. (a) The program model for implementation of the Caregiver
Training Initiative shall consist of a solicitation and competitive
selection process to identify proposals from regional collaborative
programs that offer the best solutions to removing barriers for
attracting and retaining qualified health care providers, such as
certified nurse assistants, certified nurses, registered nurses,
licensed vocational nurses, and other types of nursing and direct
care staff.
(b) Proposals for funding under the initiative submitted by
regional collaborative programs shall address all of the following
topics:
(1) Marketing and outreach strategies that will attract eligible
participants to begin careers in the health care provider industry
and promote public awareness, especially among employers, to the
opportunity to hire trained health care providers.
(2) Collaboration and agreements with state and local agency
partners to help identify, refer, and provide services to eligible
participants.
(3) Development and use of innovative training strategies, coupled
with industry cooperation, to provide matching career paths that
will enable participants to advance in the health care industry,
including in nursing occupations such as certified nurse assistants,
certified nurses, registered nurses, and licensed vocational nurses.
(4) Strategies for providing incentives to health care employers
to hire program participants, such as taking advantage of existing
tax credits, and incentives for participants to remain in and
graduate from the program, such as postemployment training and
support components.
(5) Leveraging additional resources to support activities that are
not allowable with local welfare-to-work (Article 3.2 (commencing
with Section 11320) of Chapter 1 of Part 3 of Division 9 of the
Welfare and Institutions Code) funds and Workforce
Investment Act of 1998 (29 U.S.C. Sec. 2801, et seq.)
federal Workforce Innovation and Opportunity Act funds and that
will provide flexibility in serving participants.
(c) The regional collaborative programs that compete for contracts
under the initiative may include partnerships of any combination of
local governmental entities, private nonprofit entities, and employer
or employee groups. In order to ensure oversight for funds used in
these contracts, fiscal agents representing these collaborative
programs shall demonstrate all of the following:
(1) The capacity to retain fiduciary responsibility for funds.
(2) That the fiscal agent was chosen by agreement of collaborating
partners.
(3) Previous experience using public funds for similar projects.
(4) The ability to properly account for and administer funds.
SEC. 28. 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(d)(2) Section 134(c)(2)
(iii) of the federal Workforce Investment Act (29
U.S.C. Sec. 2864(d)(2)) Workforce Innovation and
Opportunity Act allows for the use of funds for initial
assessment of skill levels, aptitudes, abilities and support
services, and Section 134(d)(3) Section 134
(c)(2)(xii) of that act (29 U.S.C. Sec. 2864(d)(3))
allows for 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 Investment Act federal
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. 29. Section 14003 of the Unemployment Insurance Code is
amended to read:
14003. (a) Grants or contracts awarded under the federal
Workforce Investment Act, codified in Chapter 30 (commencing with
Section 2801) of Title 29 of the United States Code,
Workforce Innovation and Opportunity Act, 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 Investment Act, codified in Chapter 30 (commencing with
Section 2801) of Title 29 of the United States Code,
Workforce Innovation and Opportunity Act, 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. 30. 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 Investment Act.
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 Investment Act. Workforce Innovation and
Opportunity Act.
SEC. 31. Section 14005 of the Unemployment Insurance Code is
amended to read:
14005. For purposes of this division:
(a) "Board" means the California Workforce Investment Board.
(b) "Agency" means the Labor and Workforce Development Agency.
(c) "Career pathways," "career ladders," or "career lattices" mean
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.
(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 by employers, and pay or lead to payment of a
wage that provides economic security.
(i) "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.
(j) "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.
(k) (1) "Industry or sector partnership" means a workforce
collaborative that organizes key stakeholders in a targeted industry
cluster into a working group that focuses on the workforce needs of
the targeted industry cluster. An industry or sector partnership
organizes the stakeholders connected with a specific local or
regional industry--multiple firms, labor groups, education and
training providers, and workforce and education systems--to develop
workforce development strategies within the industry. Successful
sector partnerships leverage partner resources to address both
short-term and long-term human capital needs of a particular sector,
including by analyzing current labor markets and identifying barriers
to employment within the industry, developing cross-firm skill
standards, curricula, and training programs, and developing
occupational career ladders to ensure workers of all skill levels can
advance within the industry.
(2) Industry or sector partnerships include, at the appropriate
stage of development of the partnership, all of the following:
(A) Representatives of multiple firms or employers in the targeted
industry cluster, including small-sized and medium-sized employers
when practicable.
(B) One or more representatives of state labor organizations,
central labor coalitions, or other labor organizations, except in
instances where no labor representations exists.
(C) One or more representatives of local workforce investment
boards.
(D) One or more representatives of kindergarten and grades 1 to
12, inclusive, and postsecondary educational institutions or other
training providers, including, but not limited to, career technical
educators.
(E) One or more representatives of state workforce agencies or
other entities providing employment services.
(3) An industry or sector partnership may also include
representatives from the following:
(A) State or local government.
(B) State or local economic development agencies.
(C) Other state or local agencies.
(D) Chambers of commerce.
(E) Nonprofit organizations.
(F) Philanthropic organizations.
(G) Economic development organizations.
(H) Industry associations.
(I) Other organizations, as determined necessary by the members
comprising the industry or sector partnership.
(l) "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.
(m) "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.
(n) "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.
(o) "Workforce Investment Act of 1998"
"Workforce Innovation and Opportunity Act" means the federal
act enacted as Public Law 105-220. 113-128.
SEC. 32. 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 the State Workforce Investment Plan.
(c) Developing guidelines for the continuous improvement and
operation of the workforce investment system, including:
(1) Developing policies to guide the one-stop system.
(2) Providing technical assistance for the continuous improvement
of the one-stop system.
(3) Recommending state investments in the one-stop system.
(4) Targeting resources to competitive and emerging industry
sectors and industry clusters that provide economic security and are
either high-growth sectors or critical to California's economy, or
both. These industry sectors and clusters shall have significant
economic impacts on the state and its regional and workforce
development needs and have documented career opportunities.
(5) To the extent permissible under state and federal laws,
recommending youth policies and strategies that support linkages
between kindergarten and grades 1 to 12, inclusive, and community
college educational systems and youth training opportunities in order
to help youth secure educational and career advancement. These
policies and strategies may be implemented using a sector strategies
framework and should ultimately lead to placement in a job providing
economic security or job placement in an entry-level job that has a
well-articulated career pathway or career ladder to a job providing
economic security.
(6) To the extent permissible under state and federal law,
recommending adult and dislocated worker training policies and
investments that offer a variety of career opportunities while
upgrading the skills of California's workforce. These may include
training policies and investments pertaining to any of the following:
(A) Occupational skills training, including training for
nontraditional employment.
(B) On-the-job training.
(C) Programs that combine workplace training with related
instruction, which may include cooperative education programs.
(D) Training programs operated by the private sector.
(E) Skill upgrading and retraining.
(F) Entrepreneurial training.
(G) Job readiness training.
(H) Adult education and literacy activities provided in
combination with any of the services described in this paragraph.
(I) Customized training conducted with a commitment by an employer
or group of employers to employ an individual upon successful
completion of the training.
(d) Developing and continuously improving the statewide workforce
investment system as delivered via the one-stop delivery system and
via other programs and services supported by funding from the federal
Workforce Investment Act of 1998, Workforce
Innovation and Opportunity Act, including:
(1) Developing linkages in order to ensure coordination and
nonduplication among workforce programs and activities.
(2) Reviewing local workforce investment plans.
(3) Leveraging state and federal funds to ensure that resources
are invested in activities that meet the needs of the state's
competitive and emerging industry sectors and advance the education
and employment needs of students and workers so they can keep pace
with the education and skill needs of the state, its regional
economies, and leading industry sectors.
(e) Commenting, at least once annually, on the measures taken
pursuant to the Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990 (Public Law 101-392; 20 U.S.C. Sec.
2301 et seq.).
(f) Designating local workforce investment areas within the state
based on information derived from all of the following:
(1) Consultations with the Governor.
(2) Consultations with the chief local elected officials.
(3) Consideration of comments received through the public comment
process, as described in Section 112(b)(9)
102(b)(2)(E)(iii)(II) of the federal Workforce
Investment Act of 1998. Workforce Innovation and
Opportunity Act.
(g) Developing and modifying allocation formulas, as
necessary, for the distribution of funds for adult employment and
training activities, for youth activities to local workforce
investment areas, and dislocated worker employment and training
activities, as permitted by federal law.
(h) Coordinating the development and continuous improvement of
comprehensive state performance measures, including state adjusted
levels of performance, to assess the effectiveness of the workforce
investment activities in the state.
(i) Preparing the annual report to the United States Secretary of
Labor.
(j) Recommending policy for the development of the statewide
employment statistics system, including workforce and economic data,
as described in Section 49l-2 of Title 29 of the United States Code,
and using, to the fullest extent possible, the Employment Development
Department's existing labor market information systems.
(k) Recommending strategies to the Governor for strategic training
investments of the Governor's 15-percent discretionary funds.
(l) Developing and recommending waivers, in conjunction with local
workforce investment boards, to the Governor as provided for in the
federal Workforce Investment Act of 1998.
Workforce Innovation and Opportunity Act.
(m) Recommending policy to the Governor for the use of the
25-percent rapid response funds, as authorized under the federal
Workforce Investment Act of 1998. Workforce
Innovation and Opportunity Act.
(n) Developing an application to the United States Department of
Labor for an incentive grant under Section 9273 of Title 20 of the
United States Code.
(o) (1) Developing 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, Workforce Innovation and
Opportunity Act, 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.
SEC. 33. Section 14020 of the Unemployment Insurance Code is
amended to read:
14020. (a) The California Workforce Investment 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
investment boards, shall develop a strategic workforce plan to serve
as a framework for the development of public policy, 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
also serve as the framework for the single state plan required by the
federal Workforce Investment Act of 1998.
Workforce Innovation and Opportunity Act. The plan shall be
updated at least every five years.
(b) The state shall develop a California Industry Sector
Initiative that will serve as the cornerstone of the state plan and
provide a framework for state workforce investments and support for
sector strategies.
(c) The California Workforce Investment 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 Investment Act
Workforce Innovation and Opportunity Act 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 and
certificates, and address the career advancement needs of current and
future workers in competitive and emergent industry sectors and
clusters. The California Workforce Investment 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 Investment Board shall do
the following:
(1) Annually 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 Investment Board shall
consider the expertise of local workforce investment boards in the
state's respective regional economies and shall encourage the local
workforce investment boards to identify industry sectors and industry
clusters that have a competitive economic advantage and demonstrated
economic importance in their respective local workforce investment
areas.
(2) Annually 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 Investment Board
shall consider the expertise of local workforce investment boards in
the state's respective regional economies and shall encourage the
local workforce investment 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 investment areas.
(3) Provide an annual 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 Investment Board shall consider the expertise of local
workforce investment boards in the state's respective regional
economies and shall encourage the local workforce investment boards
to conduct skills-gap analysis for their respective local workforce
investment 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 investment boards
and other stakeholders, initial and subsequent eligibility criteria
for the federal Workforce Investment Act of 1998
Workforce Innovation and Opportunity Act 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 investment 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 and bridge training programs that
provide access to 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
Investment Act of 1998 Workforce Innovation and
Opportunity Act in that the state board shall establish, with
input from local workforce investment boards and other stakeholders,
the initial and subsequent eligibility procedures and criteria
utilized by local workforce investment boards to assess training
provider performance. The local boards shall have the authority to
place and retain training providers on the list, and shall provide
relevant performance data pertaining to the training provider
criteria established pursuant to this division to a state agency
designated by the Governor. The relevant state agency shall also have
the authority to remove training providers for nonperformance,
provided they do not meet the performance criteria established
pursuant to this division.
(H) If the state receives a waiver from the federal subsequent
eligibility provisions specified in the federal Workforce
Investment Act of 1998, Workforce Innovation and
Opportunity Act, the state workforce investment board shall
establish its own subsequent eligibility criteria that take into
account all of the criteria specified in subparagraphs (A) to (G),
inclusive.
SEC. 34. 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 investment board to
plan and oversee the workforce investment system.
(b) The Governor shall certify one local board for each local area
in the state once every two years, following the requirements of the
federal Workforce Investment Act of 1998.
Workforce Innovation and Opportunity Act.
(c) The Governor shall establish, through the California Workforce
Investment Board, standards for certification of high-performance
local workforce investment boards. The California Workforce
Investment Board shall, in consultation with representatives from
local workforce investment 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 investment board shall occur thereafter at least once every
two years. In order to meet the standards for certification, a
high-performance local workforce investment 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
Investment Act of 1998 Workforce Innovation and
Opportunity Act 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) Is separate and apart from the local plan required under the
federal Workforce Investment Act of 1998.
Workforce Innovation and Opportunity Act.
(B) Is consistent with the California Workforce Investment Board
strategic 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 investment 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 investment 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 investment area's relevant regional
labor market and high-wage industry sectors. Local workforce
investment 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 investment board that
further develops and makes recommendations for the business service
plan for each local workforce investment board in an effort to
increase employer involvement in the activities of the local
workforce investment board. The subcommittee members should be
comprised of business representatives on the local workforce
investment 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) Beginning in the 2013-14 fiscal year, the Governor and the
Legislature, as part of the annual budget process, in consultation
with the California Workforce Investment Board, shall annually
reserve a portion of the 15-percent discretionary fund made available
pursuant to the federal Workforce Investment Act of 1998
Workforce Innovation and Opportunity Act for the
purpose of providing performance incentives to high-performance
local workforce investment boards. The remaining discretionary funds
shall continue to be available for other discretionary purposes as
provided for in the federal Workforce Investment Act of
1998. Workforce Innovation and Opportunity Act.
(e) Only a workforce investment board that is certified as a
high-performance local workforce investment board by the California
Workforce Investment Board shall be eligible to receive any incentive
money reserved for high-performance local workforce investment
boards, as described in subdivision (d). A board that is not
certified as a high-performance local workforce investment board
shall not receive any portion of the money reserved for
high-performance local workforce investment boards, as described in
subdivision (d) or any portion of the state's 15-percent
discretionary fund.
(f) The California Workforce Investment Board shall establish a
policy for the allocation of incentive moneys to high-performance
local workforce investment boards.
(g) The California Workforce Investment Board may consider the
utilization of incentive grants pursuant to the federal
Workforce Investment Act of (29 U.S.C. Sec. 2864(a)(2)(B)(iii)),
Workforce Innovation and Opportunity Act, for
the purposes of this section.
(h) There shall not be a requirement to set aside federal
Workforce Investment Act of 1998 Workforce Innovation
and Opportunity Act funds for the purposes of subdivisions
(d), (e), (f), or (g) in years when the federal government
significantly reduces the share of federal Workforce
Investment Act of 1998 Workforce Innovation and
Opportunity Act funds appropriated to the state for statewide
discretionary purposes below the federal statutory amount of 15
percent.
SEC. 35. Section 14206 of the Unemployment Insurance Code is
amended to read:
14206. It shall be the duty of the local board to do all of the
following:
(a) Coordinate workforce investment activities in the local area
with economic development strategies.
(b) Promote participation of private sector employers in the local
workforce investment system.
(c) Develop and submit a local workforce investment plan to the
Governor.
(d) Select one-stop operators, with the agreement of the local
chief elected official, annually review their operations, and
terminate for cause the eligibility of such operators.
(e) Award grants or contracts to eligible providers of youth
activities in the local area on a competitive basis, consistent with
the Workforce Investment Act of 1998, federal
Workforce Innovation and Opportunity Act, based upon the
recommendations of the youth council.
(f) Identify, consistent with the Workforce Investment
Act of 1998, federal Workforce Innovation and
Opportunity Act, eligible providers of training services.
(g) Identify eligible providers of intensive services and, when
the one-stop operator does not provide intensive services to the
local area, award contracts to those providers.
(h) Develop local policy on the amount and duration of individual
training accounts based upon the market rate for local training
programs.
(i) Conduct program oversight over workforce investment activities
in the local area.
(j) Negotiate with the local chief elected official in the local
area and the Governor on local performance measures for the local
area.
(k) Assist in the development of a statewide employment statistics
system, which shall be developed in conjunction with and shall
utilize to the fullest extent possible, the Employment Development
Department's labor market information system.
SEC. 36. Section 14208 of the Unemployment Insurance Code is
amended to read:
14208. A youth council shall be established as a subgroup within
each local board, appointed by the local board in cooperation with
the local chief elected official. Youth council membership shall
conform with the requirements of the Workforce Investment
Act of 1998. federal Workforce Innovation and
Opportunity Act.
SEC. 37. 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 Investment Act of 1998 (Public Law 105-220)
Workforce Innovation and Opportunity Act
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 Investment Act of 1998 (Public Law 105-220)
Workforce Innovation and Opportunity Act 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 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
2864(d)(4)(D) of Title 29 of the United States Code
134(c)(3) of the federal Workforce
Innovation and Opportunity Act and Sections 663.300 and 663.508
of Title 20 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) Job readiness training.
(H) Adult education and literacy activities provided in
combination with services described in any of subparagraphs (A) to
(G), inclusive.
(I) 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 investment 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 investment 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
Investment Act of 1998 (Public Law 105-220). Workforce
Innovation and Opportunity Act.
(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 investment 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 Investment Act of 1998 Workforce Innovation
and Opportunity Act 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 investment board. Costs
arising from the recordkeeping required to demonstrate compliance
with the leveraging requirements of this subdivision are the
responsibility of the board.
(c) Beginning program year 2012, the Employment Development
Department shall calculate for each local workforce investment
board, within six months after the end of the second program year of
the two-year period of availability for expenditure of federal
Workforce Investment Act of 1998 Workforce
Innovation and Opportunity Act funds, whether the local
workforce investment board met the requirements of subdivision (a).
The Employment Development Department shall provide to each local
workforce investment board its individual calculations with respect
to the expenditure requirements of subdivision (a).
(d) A local workforce investment 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 investment
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. 38. Section 14221 of the Unemployment Insurance Code is
amended to read:
14221. The local plan shall include all of the following:
(a) A local labor market assessment which contains an
identification of local and regional workforce investment needs of
key industry sectors, businesses, jobseekers, and incumbent workers
in the local area, the current and projected employment opportunities
and the job skills necessary to obtain that employment.
(b) A description of the local one-stop delivery system, including
all of the following:
(1) A description of how the local board will achieve system
integration that will improve services to employers, incumbent
workers, and jobseekers, and a description of local funding sources.
(2) A copy of each memorandum of understanding between the local
board and each of the one-stop partners concerning the operation of
the one-stop delivery system in the local area.
(c) A description of the local levels of performance negotiated
with the Governor and chief local elected official to be used to
measure the performance of the local area and the performance of the
local fiscal agent, eligible providers, and the one-stop delivery
system in the local area. Performance standards shall not create
disincentives for serving clients for whom it is more difficult to
provide service.
(d) A description and assessment of the type and availability of
adult and dislocated worker employment and training activities in the
local area.
(e) A description of how the local board will provide services to
the business community, including, but not limited to, recruitment
and staffing services, training, and development, information and
resources, and outplacement and business retention services.
(f) A description of how the local board will coordinate workforce
investment activities carried out in the local area with statewide
rapid response activities, as appropriate.
(g) A description and assessment of the type and availability of
youth activities in the local area, including an identification of
successful providers of those activities.
(h) A description of the process used by the local board,
consistent with Section 14223, to provide an opportunity for public
comment, including comment by representatives of businesses, labor
organizations, and community-based organizations, and input into the
development of the local plan, prior to submission of the plan.
(i) An identification of the entity, as prescribed in the
Workforce Investment Act of 1998, federal Workforce
Innovation and Opportunity Act, responsible for the disbursal
of funds under the Workforce Investment Act of 1998.
federal Workforce Innovation and Opportunity Act.
(j) A description of the competitive process to be used to award
the grants and contracts in the local area for activities carried out
under the Workforce Investment Act of 1998.
federal Workforce Innovatio n and Opportunity Act.
SEC. 39. 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 core services shall be available to adult
residents regardless of income, education, employment barriers, or
other eligibility requirements. Core 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.
(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 core services described in
paragraph (3).
(5) Intensive services shall be available to individuals who have
completed at least one core service, have been unable to obtain
employment, and who have been determined, by the one-stop operator,
as being in need of more intensive services, or who are employed but
in need of intensive services to obtain or retain employment to
achieve self-sufficiency. Intensive services may include
comprehensive and specialized assessments of skill levels and service
needs, including learning disability screening, the development of
individual employment plans, counseling, career planning, and
short-term prevocational services to prepare an individual for
training and employment.
(6) Training services shall be made available to individuals who
have met the requirements for intensive services, have been unable to
obtain or retain employment through these services, and who, after
an interview, evaluation, or assessment, are determined to be in need
of 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) Job readiness training.
(H) Adult education and literacy activities, including vocational
English as a second language, provided in combination with
subparagraphs (A) through (G), inclusive.
(I) 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.
(7) As prescribed in the Workforce Investment Act of
1998, federal Workforce Innovation and Opportunity
Act, when funds are limited, priority for intensive services
and training services shall be given to adult recipients of public
assistance and other low-income adults, such as CalWORKs
participants.
(b) Each local workforce investment board shall establish at least
one full service one-stop career center in the local workforce
investment area. Each full service one-stop career center shall have
all entities specified in Section 14231 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 Investment Act of 1998,
federal Workforce Innovation and Opportunity Act,
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. 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 Investment Board and each local board
shall ensure that programs and services funded by the
Workforce Investment Act of 1998 federal Workforce
Innovation and Opportunity Act 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 Investment 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. 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
Investment Act of 1998. federal 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 Investment Act of 1998.
federal 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.).
(5) Programs authorized under Section 403(a)(5) of the Social
Security Act (42 U.S.C. Sec. 603(a)(5) as added by Section 5001 of
the Balanced Budget Act of 1997).
(6) Activities authorized under Title V of the Older Americans Act
of 1965 (42 U.S.C. Sec. 3056 et seq.).
(7) Postsecondary vocational education activities authorized under
the Carl D. Perkins Vocational and Applied Technology Education Act
(20 U.S.C. Sec. 2301 et seq.), including community colleges and
regional occupational centers and programs.
(8) Activities authorized under Chapter 2 of Title II of the Trade
Act of 1974 (19 U.S.C. Sec. 2271 et seq.).
(9) Activities authorized under Chapter 41 (commencing with
Section 4100) of Title 38 of the United States Code.
(10) Employment and training activities carried out under the
Community Services Block Grant Act (42 U.S.C. Sec. 9901 et seq.).
(11) Employment and training activities carried out by the
Department of Housing and Urban Development.
(12) Programs authorized by this code, in accordance with
applicable federal law.
(13) Small business development centers, as defined in Section
15382 of the Government Code, where they exist.
(b) Community-based organizations that provide intensive services
as described in paragraph (4) of subdivision (a) of Section 14230,
shall be encouraged to be one-stop partners.
SEC. 41. 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 Investment Act
federal 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 Investment Act federal 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 Investment
Act federal Workforce Innovation and Opportunity Act
individual training account funds.
(c) The entity administering the program shall use the Workforce
Investment Innovation and Opportunity
Act individual training account funds received for the program.
SEC. 42. Section 18002 of the Unemployment Insurance Code is
amended to read:
18002. Each local workforce investment board shall establish at
least one comprehensive one-stop career center in each local
workforce investment area. These one-stop centers shall ensure access
to services pursuant to Section 134(d) of the federal
Workforce Investment Act of 1998 (29 U.S.C. Sec. 2864(d)),
Workforce Innovation and Opportunity Act, including
services for persons with disabilities, including, but not limited
to, all of the following:
(a) Outreach, intake, and orientation.
(b) Initial assessments of skills, aptitudes, abilities, and need
for support services.
(c) Program eligibility determinations.
(d) Information on the local, regional, and national labor market.
(e) Information on filing for unemployment insurance.
(f) Access to intensive services as needed, including, but not
limited to, comprehensive and specialized assessments of skill levels
and service needs, development of individual employment plans, group
counseling, individual counseling and career planning, case
management for participants seeking training services under
subdivision (g), and short-term prevocational services, such as
learning, communication, interview, and other jobseeking and work
related skills to help prepare individuals for unsubsidized
employment and training.
(g) Training services, including, but not limited to, occupational
skills training, on-the-job training, workplace training and
cooperative education programs, private sector training programs,
skills upgrade and retraining, entrepreneurial training, job
readiness training, adult education, and literacy activities combined
with training, and customized training.
SEC. 43. Section 18008 of the Unemployment Insurance Code is
amended to read:
18008. In order to ensure that one-stop career centers operated
by local workforce investment boards meet the needs of workers and
employers with disabilities, the Governor shall ensure that
evaluations conducted pursuant to Sections 134 (a)(2)(B)(ii)
and (v) (a)(2)(B)(vi) of the federal
Workforce Investment Act of 1998 (29 U.S.C. Sec. 2864(a)(2)(B)(ii)
and (v)), Workforce Innovation and Opportunity Act,
address how local one-stop centers provide all of the
following:
(a) Full access to workforce development services for their
disabled community.
(b) Assistive technology to ensure access to services.
(c) Staff training on assessment and service strategies for
jobseekers and employers with disabilities.
(d) Representation of the disability community in program planning
and service delivery.
(e) The development of regional employment networks to participate
in the federal Ticket to Work program and the role of the local
board and one-stop centers in the Ticket to Work program.
SEC. 44. Section 16522.1 of the Welfare and Institutions Code is
amended to read:
16522.1. (a) In order to be licensed as a transitional housing
placement provider pursuant to Section 1559.110 of the Health and
Safety Code and be eligible for payment of AFDC-FC benefits pursuant
to Sections 11403.2 and 11403.3, an applicant shall obtain
certification from the applicable county specifying whether the
facility will serve foster youth at least 16 years of age and not
more than 18 years of age, nonminor dependents, as defined in
subdivision (v) of Section 11400, or both, as follows:
(1) A program serving foster children at least 16 years of age and
not more than 18 years of age shall obtain a certification entitled
"Transitional Housing Placement Program."
(2) A program serving nonminor dependents at least 18 years of age
and not more than 21 years of age shall obtain a certification
entitled a "Transitional Housing Placement-Plus Foster Care program."
(b) The certification for the Transitional Housing Placement
Program shall confirm that the program provides for all of the
following:
(1) Admission criteria for participants in the program, including,
but not limited to, consideration of the applicant's age, previous
placement history, delinquency history, history of drug or alcohol
abuse, current strengths, level of education, mental health history,
medical history, prospects for successful participation in the
program, and work experience. Youth who are wards of the court
described in Section 602 and youth receiving psychotropic medications
shall be eligible for consideration to participate in the program,
and shall not be automatically excluded due to these factors.
(2) The department shall review the admission criteria to ensure
that the criteria are sufficient to protect participants and that
they do not discriminate on the basis of any characteristic listed or
defined in Section 11135 of the Government Code.
(3) Strict employment criteria that include a consideration of the
employee's age, drug or alcohol history, and experience in working
with persons in this age group.
(4) A training program designed to educate employees who work
directly with participants about the characteristics of persons in
this age group placed in long-term care settings, and designed to
ensure that these employees are able to adequately supervise and
counsel participants and to provide them with training in independent
living skills.
(5) A detailed plan for monitoring the placement of persons under
the licensee's care.
(6) A contract between the participating person and the licensee
that specifically sets out the requirements for each party, and in
which the licensee and the participant agree to the requirements of
this article.
(7) An allowance to be provided to each participant in the
program. In the case of a participant living independently, this
allowance shall be sufficient for the participant to purchase food
and other necessities.
(8) A system for payment for utilities, telephone, and rent.
(9) Policies regarding all of the following:
(A) Education requirements.
(B) Work expectations.
(C) Savings requirements.
(D) Personal safety.
(E) Visitors, including, but not limited to, visitation by the
placement auditor pursuant to paragraph (5).
(F) Emergencies.
(G) Medical problems.
(H) Disciplinary measures.
(I) Child care.
(J) Pregnancy.
(K) Curfew.
(L) Apartment cleanliness.
(M) Use of utilities and telephone.
(N) Budgeting.
(O) Care of furnishings.
(P) Decorating of apartments.
(Q) Cars.
(R) Lending or borrowing money.
(S) Unauthorized purchases.
(T) Dating.
(U) Grounds for termination that may include, but shall not be
limited to, illegal activities or harboring runaways.
(10) Apartment furnishings, and a policy on disposition of the
furnishings when the participant completes the program.
(11) Evaluation of the participant's progress in the program and
reporting to the independent living program and to the department
regarding that progress.
(12) A linkage to the federal Workforce Investment Act of
1998 (29 U.S.C. Sec. 2801 et seq.) Workforce
Innovation and Opportunity Act program administered in the
local area to provide employment training to eligible participants.
(13) Effective January 1, 2013, a program staffing ratio of case
manager to client not to exceed 1 to 12.
(c) The certification for the Transitional Housing Placement-Plus
Foster Care program for nonminor dependents, as described in
paragraph (2) of subdivision (a), from the applicable county shall
include all of the following:
(1) That the program is needed by the county.
(2) That the provider is capable of effectively and efficiently
operating the program.
(3) That the provider is willing and able to accept the
AFDC-FC-eligible nonminor dependents for placement by the placing
agency who need the level of care and services that will be provided
by the program.
(4) That the plan of operation is suitable to meet the needs of
the identified population.
(5) That the program staffing ratio of case manager to client does
not exceed 1 to 12.
(6) As used in subdivision (c),"applicable county," for purposes
of the certification of a program that serves nonminor dependents,
means the county where the administrative office or subadministrative
office of a transitional housing placement provider is located, or a
primary placing county.
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.