Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1507


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,begin delete 9600.7,end delete 9809.5, 10200, 10204, 10205, 11024,begin delete 14002, 14003, 14004.5, 14005, 14013, 14020, 14200, 14206, 14208, 14211, 14221, 14230, 14231, 14500,end delete 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 amended, 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:

P2    1

SECTION 1.  

Section 47605.1 of the Education Code is
2amended to read:

3

47605.1.  

(a) (1) Notwithstanding any other law, a charter
4school that is granted a charter from the governing board of a
5school district or county office of education after July 1, 2002, and
6commences providing educational services to pupils on or after
7July 1, 2002, shall locate in accordance with the geographic and
8site limitations of this part.

9(2) Notwithstanding any other law, a charter school that is
10granted a charter by the state board after July 1, 2002, and
11commences providing educational services to pupils on or after
12July 1, 2002, based on the denial of a petition by the governing
13board of a school district or county board of education, as described
14in paragraphs (1) and (2) of subdivision (j) of Section 47605, may
15locate only within the geographic boundaries of the chartering
16entity that initially denied the petition for the charter.

17(3) A charter school that receives approval of its charter from
18a governing board of a school district, a county office of education,
19or the state board before July 1, 2002, but does not commence
20operations until after January 1, 2003, shall be subject to the
P3    1geographic limitations of the part, in accordance with subdivision
2(e).

3(b) Nothing in this section is intended to affect the admission
4requirements contained in subdivision (d) of Section 47605.

5(c) Notwithstanding any other law, a charter school may
6establish a resource center, meeting space, or other satellite facility
7located in a county adjacent to that in which the charter school is
8authorized if the following conditions are met:

9(1) The facility is used exclusively for the educational support
10of pupils who are enrolled in nonclassroom-based independent
11study of the charter school.

12(2) The charter school provides its primary educational services
13in, and a majority of the pupils it serves are residents of, the county
14in which the school is authorized.

15(d) Notwithstanding subdivision (a) of this section or subdivision
16(a) of Section 47605, a charter school that is unable to locate within
17the geographic boundaries of the chartering school district may
18establish one site outside the boundaries of the school district, but
19within the county within which that school district is located, if
20the school district where the charter school proposes to operate is
21notified in advance of the charter petition approval, the county
22superintendent of schools is notified of the location of the charter
23school before it commences operations, and either of the following
24circumstances exist:

25(1) The school has attempted to locate a single site or facility
26to house the entire program but such a facility or site is unavailable
27in the area in which the school chooses to locate.

28(2) The site is needed for temporary use during a construction
29or expansion project.

30(e) (1) For a charter school that was granted approval of its
31charter before July 1, 2002, and provided educational services to
32pupils before July 1, 2002, this section shall only apply to any new
33educational services or schoolsites established or acquired by the
34charter school on or after July 1, 2002.

35(2) For a charter school that was granted approval of its charter
36before July 1, 2002, but did not provide educational services to
37pupils before July 1, 2002, this section shall only apply upon the
38expiration of a charter that is in existence on January 1, 2003.

39(3) Notwithstanding other implementation timelines in this
40section, by June 30, 2005, or upon the expiration of a charter that
P4    1is in existence on January 1, 2003, whichever is later, all charter
2schools shall be required to comply with this section for schoolsites
3at which education services are provided to pupils before or after
4July 1, 2002, regardless of whether the charter school initially
5received approval of its charter school petition before July 1, 2002.
6To achieve compliance with this section, a charter school shall be
7required to receive approval of a charter petition in accordance
8with this section and Section 47605.

9(4) Nothing in this section is intended to affect the authority of
10a governmental entity to revoke a charter that is granted on or
11before the effective date of this section.

12(f) A charter school that submits its petition directly to a county
13board of education, as authorized by Sections 47605.5 or 47605.6,
14may establish charter school operations only within the
15geographical boundaries of the county in which that county board
16of education has jurisdiction.

17(g) Notwithstanding any other law, the jurisdictional limitations
18set forth in this section do not apply to a charter school that
19provides instruction exclusively in partnership with any of the
20following:

21(1) The federal Workforce Innovation and Opportunity Act.

22(2) Federally affiliatedbegin delete Youth Buildend deletebegin insert Youthbuildend insert programs.

23(3) Federal job corps training or instruction provided pursuant
24to a memorandum of understanding with the federal provider.

25(4) The California Conservation Corps or local conservation
26corps certified by the California Conservation Corps pursuant to
27Sections 14507.5 or 14406 of the Public Resources Code.

28(5) Instruction provided to juvenile court school pupils pursuant
29to subdivision (b) of Section 42238.18 or pursuant to Section 1981
30for individuals who are placed in a residential facility.

31

SEC. 2.  

Section 47612.1 of the Education Code, as added by
32Section 31 of Chapter 32 of the Statutes of 2014, is amended to
33read:

34

47612.1.  

(a) Except for the requirement that a pupil be a
35California resident, subdivision (b) of Section 47612 shall not
36apply to a charter school program that provides instruction
37exclusively in partnership with any of the following:

38(1) The federal Workforce Innovation and Opportunity Act.

39(2) Federally affiliatedbegin delete Youth Buildend deletebegin insert Youthbuildend insert programs.

P5    1(3) Federal job corps training or instruction provided pursuant
2to a memorandum of understanding with the federal provider.

3(4) The California Conservation Corps or local conservation
4corps certified by the California Conservation Corps pursuant to
5Sections 14406 or 14507.5 of the Public Resources Code.

6(b) This section shall become operative on July 1, 2015.

7

SEC. 3.  

Section 52052.3 of the Education Code is amended to
8read:

9

52052.3.  

(a) As part of the alternative accountability system
10for schools developed pursuant to subdivision (h) of Section 52052,
11or any successor system, the Superintendent and the state board
12shall allow no more than 10 dropout recovery high schools, as
13defined in subdivision (b), to report, in lieu of other indicators, the
14results of an individual pupil growth model that is proposed by
15the school and certified by the Superintendent pursuant to
16subdivision (c).

17(b) For purposes of this section, “dropout recovery high school”
18means a school offering instruction in any of grades 9 to 12,
19inclusive, in which 50 percent or more of its pupils are either
20designated as dropouts pursuant to the exit and withdrawal codes
21developed by the department or left a school and were not
22 otherwise enrolled in a school for a period of at least 180 days and
23the school provides instruction in partnership with any of the
24following:

25(1) The federal Workforce Innovation and Opportunity Act.

26(2) Federally affiliated Youthbuildbegin delete programs (42 U.S.C. Sec.
2712899 et seq.).end delete
begin insert programs.end insert

28(3) Federal job corps training or instruction provided pursuant
29to a memorandum of understanding with the federal provider.

30(4) The California Conservation Corps or local conservation
31corps certified by the California Conservation Corps pursuant to
32Section 14406 or 14507.5 of the Public Resources Code.

33(c) A dropout recovery high school shall submit to the
34Superintendent a certification that the high school meets the criteria
35specified in subdivision (b) and provide a summary of data derived
36from the California Longitudinal Pupil Achievement Data System
37pursuant to Chapter 10 (commencing with Section 60900) of Part
3833 to support that designation. A dropout recovery high school
39shall also submit a proposed individual pupil growth model, and
P6    1the Superintendent shall review and certify that model if it meets
2all of the following criteria:

3(1) The model measures learning based on valid and reliable
4nationally normed or criterion-referenced reading and mathematics
5tests.

6(2) The model measures skills and knowledge aligned with state
7 standards.

8(3) The model measures the extent to which a pupil scored above
9an expected amount of growth based on the individual pupil’s
10initial achievement score.

11(4) The model demonstrates the extent to which a school is able
12to accelerate learning on an annual basis.

13(d) This section shall remain in effect only until January 1, 2017,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2017, deletes or extends that date.

16

SEC. 4.  

Section 52302.8 of the Education Code is amended to
17read:

18

52302.8.  

(a) The Legislature hereby finds and declares that
19vocational training resources that are provided through regional
20occupational centers and programs are an essential component of
21the state’s secondary school system and the local system of
22providing occupational skills training to high school pupils. For
23this reason, the Legislature finds and declares that these resources
24should be focused primarily on the needs of pupils enrolled in high
25school.

26(b) For the 2008-09 fiscal year, a regional occupational center
27or program may claim no more than 50 percent of the state-funded
28average daily attendance for which the center or program is eligible,
29for services provided to students who are not enrolled in grades 9
30to 12, inclusive.

31(c) For the 2009-10 fiscal year, a regional occupational center
32or program may claim no more than 30 percent of the state-funded
33average daily attendance for which the center or program is eligible,
34for services provided to students who are not enrolled in grades 9
35to 12, inclusive.

36(d) For the 2011-12 fiscal year and every fiscal year thereafter,
37a regional occupational center or program may claim no more than
3810 percent of the state-funded average daily attendance for which
39the center or program is eligible, for services provided to students
40who are not enrolled in grades 9 to 12, inclusive, and up to an
P7    1additional 5 percent for CalWORKs, Temporary Assistance
2Program, or Job Corps participants and participants under the
3federal Workforce Innovation and Opportunity Act who are
4enrolled in Intensive Training services.

5(e) Pupils who are CalWORKs, Temporary Assistance Program,
6or Job Corps participants shall have priority for service within the
7percentage limits established under subdivision (d).

8(f) Notwithstanding subdivision (d), a regional occupational
9center or program may claim more than 15 percent of its average
10daily attendance for students who are not enrolled in grades 9 to
1112, inclusive, if all of the students who are not enrolled in grades
129 to 12, inclusive, are CalWORKs, Temporary Assistance Program,
13or Job Corps participants, and if the governing board of the regional
14occupational center or program does all of the following:

15(1) Meets with local human services directors, and
16representatives of adult education programs, communitybegin delete collegesend delete
17begin insert colleges,end insert and other institutions of higher education, to assess the
18needs of CalWORKs, Temporary Assistance Program,begin delete or,end deletebegin insert orend insert Job
19Corps and federal Workforce Innovation and Opportunity Act
20participants to identify alternative ways to meet the needs of these
21adult students.

22(2) Enters into a transition plan, approved by the Superintendent,
23to become in compliance with subdivision (d) in accordance with
24benchmarks and timelines established in the transition plan.
25Transition plans shall be established pursuant to guidelines issued
26by the department, in consultation with the State Department of
27Social Services, and shall be resubmitted and reviewed annually.

28(g) Notwithstanding subdivisions (b), (c), and (d), a regional
29occupational center or program that claims more than 40 percent
30of its students are not enrolled in grades 9 to 12, inclusive, on
31January 1, 2007, shall submit a letter to the Superintendent by July
321 of each year until it complies with this subdivision, outlining the
33goals of the regional occupational center or program to reduce the
34number of adult students in order to comply with subdivision (d)
35on or before July 1, 2013.

36(h) Regional occupational centers and programs operated in a
37rural county of the sixth, seventh, or eighth class may exceed the
38number of adults by an additional 10 percent of the limits
39established in subdivisions (b), (c), and (d).

P8    1(i) (1) For purposes of this calculation, adult average daily
2attendance attributable to continuously enrolled grade 12 pupils
3who have not passed the high school exit examination pursuant to
4Section 60851 is excluded from the calculation under this section.
5Amounts that may become available from reductions resulting
6from the enactment of this section shall be redirected to other
7regional occupational centers or programs to serve additional
8secondary pupils.

9(2) Adult average daily attendance funding for a regional
10occupational center or program that has entered into a corrective
11action plan pursuant to subdivision (k) shall not be redirected to
12other regional occupational centers or programs to serve additional
13secondary pupils for up to three years while the regional
14occupational center or program is in corrective action.

15(j) The governing boards of a community college district and a
16regional occupational center or program may enter into contractual
17agreements under which the center or program provides services
18to adult students of the community college district affected by this
19section if both of the following are satisfied:

20(1) The agreements conform to state regulations and audit
21requirements jointly developed by the Chancellor of the Office of
22the California Community Colleges and the State Department of
23Education, in consultation with, and subject to approval by, the
24Department of Finance.

25(2) A course offered for adults pursuant to an agreement entered
26into pursuant to this subdivision is limited to the same cost per
27student to the state as if the course were offered at the regional
28occupational center or program. This subdivision does not authorize
29the apportionment of funds for community colleges for adult
30students in excess of the revenue limit for regional occupational
31centers or programs if a course is deemed eligible for college credit.

32(k) A regional occupational center or program that fails to meet
33a timeline established under subdivision (c), (d), or (g) shall meet
34with the community college, adult education program, or other
35adult service to identify alternative means of meeting the needs of
36adult students and shall enter into a corrective action plan
37administered by the department. The corrective action plan shall
38be established pursuant to guidelines issued by the department and
39shall be submitted to the department annually for review.

P9    1

SEC. 5.  

Section 52520 of the Education Code is amended to
2read:

3

52520.  

(a) Every vocational or occupational training program
4for adults offered by any high school district or unified school
5district shall be reviewed every two years by the governing board
6to assure that each program does all of the following:

7(1) Meets a documented labor market demand.

8(2) Does not represent unnecessary duplication of other
9manpower training programs in the area.

10(3) Is of demonstrated effectiveness as measured by the
11employment and completion success of its students.

12(b) Any program that does not meet the requirements of
13subdivision (a) and the standards promulgated by the governing
14board shall be terminated within one year.

15(c) The review process required by this section shall include
16the review and comments by the local workforce Investment board
17established pursuant to the federal Workforce Innovation and
18Opportunity Act, and pursuant to Division 8 (commencing with
19Section 15000) of the Unemployment Insurance Code, which
20review and comments shall occur prior to any decision by the
21appropriate governing body.

22

SEC. 6.  

Section 53082 of the Education Code is amended to
23read:

24

53082.  

(a) (1) For purposes of this chapter, “local partnership”
25means a defined system designed to deliver the school-to-career
26programs funded pursuant to this chapter. A local partnership may
27include, but is not limited to, a collaborative effort between
28educators, employers, local government entities, and the public.

29(2) For purposes of this chapter, “local partnership geographic
30area” means the geographic area that an established local
31partnership is designed to serve.

32(b) To be eligible for a grant pursuant to this chapter, a local
33entity shall, in the grant application, submit a detailed plan
34demonstrating the following:

35(1) All pupils shall be eligible and have access to the activities
36developed in the geographic region. “All pupils” means every
37pupil, including, but not limited to, pupils who are college bound,
38at high risk, disabled pupils, special education pupils, male and
39female pupils pursuing nontraditional careers, gifted pupils, pupils
P10   1with limited English proficiency, and economically disadvantaged
2pupils.

3(2) The ability to leverage funds and contributions from public
4and private entities, including, but not limited to, the Improving
5America’s Schools Act of 1994 (20 U.S.C. Sec. 6301), Carl Perkins
6Vocational and Technical Education Act of 1998 (20 U.S.C. Sec.
72301), and the federal Workforce Innovation and Opportunity Act.

8(3) The ability to build on and integrate other beneficial
9workforce development and educational programs currently
10operating in the state, including, but not limited to, tech prep
11programs as provided through the Carl D. Perkins Vocational and
12Applied Technology Education Amendments of 1998begin delete (P.L.end deletebegin insert (Public
13Lawend insert
105-332), Partnership Academies established pursuant to
14Article 5 (commencing with Section 54690) of Chapter 9 of Part
1529, Regional Occupational Centers and programs established
16pursuant to Article 1 (commencing with Section 52300) of Chapter
179, Project WorkAbility conducted pursuant to Article 3
18 (commencing with Section 56470) of Chapter 4.7 of Part 30, youth
19apprenticeship programs, and adult education programs.

20(4) The ability to provide school-based learning, work-based
21learning, and service-based learning at an appropriate level for
22that local partnership geographic area.

23(5) A significant level of participation and contributions from
24business and organized labor, including, but not limited to, internal
25school-to-career coordinator salaries, pupil wages in paid
26work-based learning, supplies, and equipment necessary for
27relevant school-to-career activities.

28(6) The ability to be as inclusive as possible and engage all
29interested, appropriate, and relevant parties in the activities of the
30local partnership. The local partnership shall demonstrate
31participation from representatives of local educational agencies,
32representatives of local postsecondary educational institutions,
33representatives of local vocational education schools, local
34educators, parent organizations, employers, employer
35organizations, and organized labor. The Interagency Partnership
36for School-to-Career Programs may, as it deems necessary, require
37additional participation from other parties, including, but not
38limited to, community-based organizations, national trade
39associations, industrial extension centers, rehabilitation agencies
40and organizations, proprietary institutions of higher education,
P11   1local government agencies, parent organizations, teacher
2organizations, private industry councils, and federally recognized
3Native American tribes and Native American organizations.

4(7) An instructional program advising pupils of an employee’s
5and employer’s rights and obligations in the workplace.

6(8) Accountability measurements shall demonstrate increased
7academic performance, postsecondary enrollment, decreased
8dropout rates, transition to appropriate employment, apprenticeship,
9or any other job training school when applicable, and measurements
10of pupil, parent, and employer satisfaction.

11

SEC. 7.  

Section 69439 of the Education Code is amended to
12read:

13

69439.  

(a) For the purposes of this section, the following terms
14have the following meanings:

15(1) “Career pathway” has the same meaning as set forth in
16Section 88620.

17(2) “Economic security” has the same meaning as set forth in
18Section 14005 of the Unemployment Insurance Code.

19(3) “Industry cluster” has the same meaning as set forth in
20Section 88620.

21(4) “Long-term unemployed” means, with respect to an award
22applicant, a person who has been unemployed for more than 26
23weeks at the time of submission to the commission of his or her
24application.

25(5) “Occupational or technical training” means that phase of
26education coming after the completion of a secondary school
27program and leading toward recognized occupational goals
28approved by the commission.

29(b) A Cal Grant C award shall be utilized only for occupational
30or technical training in a course of not less than four months. There
31shall be the same number of Cal Grant C awards each year as were
32made in the 2000-01 fiscal year. The maximum award amount
33and the total amount of funding shall be determined each year in
34the annual Budget Act.

35(c) The commission may use criteria it deems appropriate in
36selecting students to receive grants for occupational or technical
37training and shall give special consideration to the social and
38economic situations of the students applying for these grants, giving
39additional weight to disadvantaged applicants, applicants who face
40economic hardship, and applicants who face particular barriers to
P12   1employment. Criteria to be considered for these purposes shall
2include, but are not limited to, all of the following:

3(1) Family income and household size.

4(2) Student’s or the students’ parent’s household status,
5including whether the student is a single parent or child of a single
6parent.

7(3) The employment status of the applicant and whether the
8applicant is unemployed, giving greater weight to the long-term
9unemployed.

10(d) The Cal Grant C award recipients shall be eligible for
11renewal of their grants until they have completed their occupational
12or technical training in conformance with terms prescribed by the
13commission. A determination by the commission for a subsequent
14award year that the program under which a Cal Grant C award was
15initially awarded is no longer deemed to receive priority shall not
16affect an award recipient’s renewal. In no case shall the grants
17exceed two calendar years.

18(e) Cal Grant C awards may be used for institutional fees,
19charges, and other costs, including tuition, plus training-related
20costs, such as special clothing, local transportation, required tools,
21equipment, supplies, books, and living expenses. In determining
22the individual award amounts, the commission shall take into
23account the financial means available to the student to fund his or
24her course of study and costs of attendance as well as other state
25and federal programs available to the applicant.

26(f) (1) To ensure alignment with the state’s dynamic economic
27needs, the commission, in consultation with appropriate state and
28federal agencies, including the Economic and Workforce
29Development Division of the Office of the Chancellor of the
30California Community Colleges and the California Workforce
31Investment Board, shall identify areas of occupational and technical
32training for which students may utilize Cal Grant C awards. The
33commission, to the extent feasible, shall also consult with
34representatives of the state’s leading competitive and emerging
35industry clusters, workforce professionals, and career technical
36educators, to determine which occupational training programs and
37industry clusters should be prioritized.

38(2) (A) Except as provided in subparagraph (B), the areas of
39occupational and technical training developed pursuant to
P13   1paragraph (1) shall be regularly reviewed and updated at least
2every five years, beginning in 2012.

3(B) By January 1, 2016, the commission shall update the priority
4areas of occupational and technical training.

5(3) (A) The commission shall give priority in granting Cal
6Grant C awards to students pursuing occupational or technical
7training in areas that meet two of the following criteria pertaining
8to job quality:

9(i) High employer need or demand for the specific skills offered
10in the program.

11(ii) High employment growth in the occupational field or
12industry cluster for which the student is being trained.

13(iii) High employment salary and wage projections for workers
14employed in the occupations for which they are being trained.

15(iv) The occupation or training program is part of a
16 well-articulated career pathway to a job providing economic
17security.

18(B) To receive priority pursuant to subparagraph (A), at least
19one of the criteria met shall be specified in clause (iii) or (iv) of
20that subparagraph.

21(g) The commission shall determine areas of occupational or
22technical training that meet the criteria described in paragraph (3)
23of subdivision (f) in consultation with the Employment
24Development Department, the Economic and Workforce
25Development Division of the Office of the Chancellor of the
26California Community Colleges, and the California Workforce
27Investment Board using projections available through the Labor
28Market Information Data Library. The commission may supplement
29the analyses of the Employment Development Department’s Labor
30Market Information Data Library with the labor market analyses
31developed by the Economic and Workforce Development Division
32of the Office of the Chancellor of the California Community
33Colleges and the California Workforce Investment Board, as well
34as the projections of occupational shortages and skills gap
35developed by industry leaders. The commission shall publish, and
36retain, on its Internet Web site a current list of the areas of
37occupational or technical training that meet the criteria described
38in paragraph (3) of subdivision (f), and update this list as necessary.

39(h) Using the best available data, the commission shall examine
40the graduation rates and job placement data, or salary data, of
P14   1eligible programs. Commencing with the 2014-15 academic year,
2the commission shall give priority to Cal Grant C award applicants
3seeking to enroll in programs that rate high in graduation rates and
4job placement data, or salary data.

5(i) (1) The commission shall consult with the Employment
6 Development Department, the Office of the Chancellor of the
7California Community Colleges, the California Workforce
8Investment Board, and the local workforce investment boards to
9develop a plan to publicize the existence of the grant award
10program to California’s long-term unemployed to be used by those
11consulting agencies when they come in contact with members of
12the population who are likely to be experiencing long-term
13unemployment. The outreach plan shall use existing administrative
14and service delivery processes making use of existing points of
15contact with the long-term unemployed. The local workforce
16investment boards are required to participate only to the extent
17that the outreach efforts are a part of their existing responsibilities
18under the federal Workforce Innovation and Opportunity Act.

19(2) The commission shall consult with the Workforce Services
20Branch of the Employment Development Department, the Office
21of the Chancellor of the California Community Colleges, the
22California Workforce Investment Board, and the local workforce
23investment boards to develop a plan to make students receiving
24awards aware of job search and placement services available
25through the Employment Development Department and the local
26workforce investment boards. Outreach shall use existing
27administrative and service delivery processes making use of
28existing points of contact with the students. The local workforce
29investment boards are required to participate only to the extent
30that the outreach efforts are a part of their existing responsibilities
31under the federal Workforce Innovation and Opportunity Act.

32(j) (1) Notwithstanding Section 10231.5 of the Government
33Code, the Legislative Analyst’s Office shall submit a report to the
34Legislature on the outcomes of the Cal Grant C program on or
35before April 1, 2015, and on or before April 1 of each
36odd-numbered year thereafter. This report shall include, but not
37necessarily be limited to, information on all of the following:

38(A) The age, gender, and segment of attendance for recipients
39in two prior award years.

P15   1(B) The occupational and technical training program categories
2prioritized.

3(C) The number and percentage of students who received
4selection priority as defined in paragraph (3) of subdivision (f).

5(D) The extent to which recipients in these award years were
6successfully placed in jobs that meet local, regional, or state
7workforce needs.

8(2) For the report due on or before April 1, 2015, the Legislative
9Analyst’s Office shall include data for two additional prior award
10years and shall compare the mix of occupational and technical
11training programs and institutions in which Cal Grant C award
12recipients enrolled before and after implementation of subdivision
13(f).

14(3) A report to be submitted pursuant to this subdivision shall
15be submitted in compliance with Section 9795 of the Government
16Code.

17

SEC. 8.  

Section 84830 of the Education Code is amended to
18read:

19

84830.  

(a) The Chancellor of the California Community
20Colleges and the State Department of Education shall, pursuant to
21funding made available in the annual Budget Act, jointly provide
22two-year planning and implementation grants to regional consortia
23of community college districts and school districts for the purpose
24of developing regional plans to better serve the educational needs
25of adults.

26(1) Eligibility shall be limited to consortia consisting of at least
27one community college district and at least one school district
28within the boundaries of the community college district, either of
29which may serve as the consortium’s fiscal agent, as determined
30by the applicant consortium.

31(2) If a community college district chooses not to participate in
32a consortium, a neighboring community college district may form
33a consortium with school districts within the boundaries of the
34nonparticipating community college district.

35(3) Consortia may include other entities providing adult
36education courses, including, but not necessarily limited to,
37correctional facilities, other local public entities, and
38community-based organizations.

P16   1(b) Grant funds provided pursuant to this section shall be used
2by each regional consortium to create and implement a plan to
3better provide adults in its region with all of the following:

4(1) Elementary and secondary basic skills, including classes
5required for a high school diploma or high school equivalency
6certificate.

7(2) Classes and courses for immigrants eligible for educational
8services in citizenship and English as a second language, and
9workforce preparation classes in basic skills.

10(3) Education programs for adults with disabilities.

11(4) Short-term career technical education programs with high
12employment potential.

13(5) Programs for apprentices.

14(c) (1) The classes and courses described in paragraphs (1) and
15(2) of subdivision (b) shall distribute basic information on
16American government and civics that includes, but is not limited
17to, instruction on all of the following:

18(A) Federal, state, and local government.

19(B) The three branches of government.

20(C) The importance of civic engagement.

21(D) Registering to vote.

22(2) It is the intent of the Legislature that, consistent with the
23requirements of Sections 51225.3 and 52555, students enrolled in
24classes and courses described in paragraphs (1) and (2) of
25subdivision (b) in which instruction in American government and
26civics is appropriate shall receive instruction in American
27government and civics.

28(d) Each regional consortium’s plan shall include, at a minimum:

29(1) An evaluation of current levels and types of adult education
30programs within its region, including education for adults in
31correctional facilities; credit, noncredit, and enhanced noncredit
32adult education coursework; and programs funded through Title
33II of the federal Workforce Innovation and Opportunity Act, known
34as the Adult Education and Family Literacy Act.

35(2) An evaluation of current needs for adult education programs
36within its region.

37(3) Plans for parties that make up the consortium to integrate
38their existing programs and create seamless transitions into
39postsecondary education or the workforce.

P17   1(4) Plans to address the gaps identified pursuant to paragraphs
2(1) and (2).

3(5) Plans to employ approaches proven to accelerate a student’s
4progress toward his or her academic or career goals, such as
5contextualized basic skills and career technical education, and
6other joint programming strategies between adult education and
7career technical education.

8(6) Plans to collaborate in the provision of ongoing professional
9development opportunities for faculty and other staff to help them
10achieve greater program integration and improve student outcomes.

11(7) Plans to leverage existing regional structures, including, but
12not necessarily limited to, local workforce investment areas.

13(e) The Chancellor of the California Community Colleges and
14the State Department of Education may identify additional elements
15that consortia must include in a plan.

16(f) (1) On or before March 1, 2014, the Chancellor of the
17California Community Colleges and the State Department of
18Education shall submit a joint report to the Legislature and the
19Governor. This report shall include, but not necessarily be limited
20to, both of the following:

21(A) The status of developing regional consortia across the state,
22including identification of unserved geographic areas or emerging
23gaps in regional program delivery.

24(B) The status and allocation of grant awards made to regional
25consortia.

26(2) The report shall be submitted to the Legislature as provided
27 in Section 9795 of the Government Code.

28(g) (1) On or before March 1, 2015, the Chancellor of the
29California Community Colleges and the State Department of
30Education shall submit a joint report to the Legislature and the
31Governor. This report shall include, but is not limited to, both of
32the following:

33(A) The plans developed by regional consortia across the state.

34(B) Recommendations for additional improvements in the
35delivery system serving adult learners.

36(2) The report shall be submitted to the Legislature as provided
37in Section 9795 of the Government Code.

38(h) It is the intent of the Legislature to work toward developing
39common policies related to adult education affecting adult schools
P18   1at local educational agencies and community colleges, including
2policies on fees and funding levels.

3(i) It is the intent of the Legislature to provide additional funding
4in the 2015-16 fiscal year to regional consortia to expand and
5improve the provision of adult education.

6

SEC. 9.  

Section 88640 of the Education Code is amended to
7read:

8

88640.  

(a) (1) Programs and activities of the Job Development
9Incentive Training Program shall include a strong partnership with
10state and local economic development entities, workforce
11development agencies, community-based organizations, and the
12private sector. It is the intent of the Legislature that this program
13provide training on a no-cost or low-cost basis to participating
14employers who create employment opportunities at an acceptable
15wage level for the attainment of self-sufficiency by both of the
16following groups:

17(A) Recipients of aid under Chapter 2 (commencing with Section
1811200) of Part 3 of Division 9 of the Welfare and Institutions Code.

19(B) Clients determined to be eligible because they are employed
20at a wage too low to attain self-sufficiency.

21(2) Guidelines for the determination of eligibility under this
22subdivision shall be developed by the chancellor’s office in
23consultation with the appropriate agencies responsible for
24collecting appropriate data. A structured career ladder methodology
25may be implemented in this program area.

26(3) Funds received from other eligible programs, including, but
27not necessarily limited to, programs under the federal Workforce
28Innovation and Opportunity Act and other applicable programs
29selected by the chancellor, or a combination of programs, may be
30used to provide funds to match job development incentive training
31funds.

32(b) It is the intent of the Legislature that the expenditure of funds
33under this section should lead measurably to the upgrading of
34highly skilled and technical workers, upgrade opportunities for
35those who are employed at a wage too low to attain self-sufficiency,
36and the creation of jobs for new entrants into the workforce.

37

SEC. 10.  

Section 1091.2 of the Government Code is amended
38to read:

39

1091.2.  

Section 1090 shall not apply to any contract or grant
40made by local workforce investment boards created pursuant to
P19   1the federal Workforce Innovation and Opportunity Act except
2where both of the following conditions are met:

3(a) The contract or grant directly relates to services to be
4provided by any member of a local workforce investment board
5or the entity the member represents or financially benefits the
6member or the entity he or she represents.

7(b) The member fails to recuse himself or herself from making,
8participating in making, or in any way attempting to use his or her
9official position to influence a decision on the grant or grants.

10

SEC. 11.  

Section 12803.6 of the Government Code is amended
11to read:

12

12803.6.  

(a) The Governor shall authorize the Secretary of the
13Labor and Workforce Development Agency, in collaboration with
14the secretary of the California Health and Human Services Agency,
15to make available the expertise of state employees and programs
16to support the employment-related needs of individuals with
17disabilities. Using existing resources, the agencies shall develop
18a sustainable, comprehensive strategy to do all of the following:

19(1) Bring individuals with disabilities into gainful employment
20at a rate that is as close as possible to that of the general population.

21(2) Support the goals of equality of opportunity, full
22participation, independent living, and economic self-sufficiency
23for these individuals.

24(3) Ensure that state government is a model employer of
25individuals with disabilities.

26(4) Support state coordination with, and participation in, benefits
27planning training and information dissemination projects supported
28by private foundations and federal grants.

29(b) The Labor and Workforce Development Agency shall
30monitor and enforce implementation of Section 188 of the federal
31Workforce Innovation and Opportunity Act.

32

SEC. 12.  

Section 95501 of the Government Code is amended
33to read:

34

95501.  

This title shall become operative upon an appropriation
35of funds by the Legislature, or the allocation of existing
36discretionary funds by the Governor pursuant to Section 128(a) of
37the federal Workforce Innovation and Opportunity Act, for the
38specific stated purpose of establishing the California Savings and
39Asset Project. This title shall be implemented to the extent that
P20   1funding is appropriated in the annual Budget Act or any future act
2by the Legislature, or allocated by the Governor.

3

SEC. 13.  

Section 4658.7 of the Labor Code is amended to read:

4

4658.7.  

(a) This section shall apply to injuries occurring on
5or after January 1, 2013.

6(b) If the injury causes permanent partial disability, the injured
7employee shall be entitled to a supplemental job displacement
8benefit as provided in this section unless the employer makes an
9offer of regular, modified, or alternative work, as defined in Section
104658.1, that meets both of the following criteria:

11(1) The offer is made no later than 60 days after receipt by the
12claims administrator of the first report received from either the
13primary treating physician, an agreed medical evaluator, or a
14qualified medical evaluator, in the form created by the
15administrative director pursuant to subdivision (h), finding that
16 the disability from all conditions for which compensation is
17claimed has become permanent and stationary and that the injury
18has caused permanent partial disability.

19(A) If the employer or claims administrator has provided the
20physician with a job description of the employee’s regular work,
21proposed modified work, or proposed alternative work, the
22physician shall evaluate and describe in the form whether the work
23capacities and activity restrictions are compatible with the physical
24requirements set forth in that job description.

25(B) The claims administrator shall forward the form to the
26employer for the purpose of fully informing the employer of work
27capacities and activity restrictions resulting from the injury that
28are relevant to potential regular, modified, or alternative work.

29(2) The offer is for regular work, modified work, or alternative
30work lasting at least 12 months.

31(c) The supplemental job displacement benefit shall be offered
32to the employee within 20 days after the expiration of the time for
33making an offer of regular, modified, or alternative work pursuant
34to paragraph (1) of subdivision (b).

35(d) The supplemental job displacement benefit shall be in the
36form of a voucher redeemable as provided in this section up to an
37aggregate of six thousand dollars ($6,000).

38(e) The voucher may be applied to any of the following expenses
39at the choice of the injured employee:

P21   1(1) Payment for education-related retraining or skill
2enhancement, or both, at a California public school or with a
3provider that is certified and on the state’s Eligible Training
4Provider List (EPTL), as authorized by the federal Workforce
5Innovation and Opportunity Act, including payment of tuition,
6fees, books, and other expenses required by the school for
7retraining or skill enhancement.

8(2) Payment for occupational licensing or professional
9certification fees, related examination fees, and examination
10preparation course fees.

11(3) Payment for the services of licensed placement agencies,
12vocational or return-to-work counseling, and résumé preparation,
13all up to a combined limit of 10 percent of the amount of the
14voucher.

15(4) Purchase of tools required by a training or educational
16program in which the employee is enrolled.

17(5) Purchase of computer equipment, up to one thousand dollars
18($1,000).

19(6) Up to five hundred dollars ($500) as a miscellaneous expense
20reimbursement or advance, payable upon request and without need
21for itemized documentation or accounting. The employee shall not
22be entitled to any other voucher payment for transportation, travel
23expenses, telephone or Internet access, clothing or uniforms, or
24incidental expenses.

25(f) The voucher shall expire two years after the date the voucher
26is furnished to the employee, or five years after the date of injury,
27whichever is later. The employee shall not be entitled to payment
28or reimbursement of any expenses that have not been incurred and
29submitted with appropriate documentation to the employer prior
30to the expiration date.

31(g) Settlement or commutation of a claim for the supplemental
32job displacement benefit shall not be permitted under Chapter 2
33(commencing with Section 5000) or Chapter 3 (commencing with
34Section 5100) of Part 3.

35(h) The administrative director shall adopt regulations for the
36administration of this section, including, but not limited to, both
37of the following:

38(1) The time, manner, and content of notices of rights under this
39section.

P22   1(2) The form of a mandatory attachment to a medical report to
2be forwarded to the employer pursuant to paragraph (1) of
3subdivision (b) for the purpose of fully informing the employer of
4work capacities and of activity restrictions resulting from the injury
5that are relevant to potential regular work, modified work, or
6 alternative work.

7(i) An employer shall not be liable for compensation for injuries
8incurred by the employee while utilizing the voucher.

9

SEC. 14.  

Section 999.80 of the Military and Veterans Code is
10amended to read:

11

999.80.  

Any entity, or other entity with which it subcontracts,
12that receives funding from the federal Workforce Innovation and
13Opportunity Act, as identified in Item 7100-001-0869, schedule
14(4) 61.60 - WIA Removing Barriers for Special Needs Populations,
15identified for use for veterans, of Section 2.00 of the Budget Act
16of 2009 (Chapter 1 of the Statutes of the 2009 Third Extraordinary
17Session), and future budget acts, shall meet the following criteria:

18(a) Demonstrate the knowledge, experience, and capacity to
19provide desired services to veterans.

20(b) Demonstrate that the majority of the entity’s WIA resources
21are dedicated to serving the needs of veterans and their families.

22

SEC. 15.  

Section 14403 of the Public Resources Code is
23amended to read:

24

14403.  

(a) The corps shall cooperate with, and seek the
25cooperationbegin delete ofend deletebegin insert of,end insert state and local workforce investment boards and
26youth councils, designated pursuant to the federal Workforce
27Innovation and Opportunity Act to secure employment and training
28services for corpsmembers.

29(b) These employment and training services may include job
30search assistance, skills training, transitional employment, or any
31other services provided under the federal Workforce Innovation
32and Opportunity Act that would lead to employment for the
33corpsmember.

34(c) Employment and training services may be provided to
35corpsmembers as a component of their work with the corps or
36upon their termination from the corps.

37

SEC. 16.  

Section 320.5 of the Unemployment Insurance Code
38 is amended to read:

39

320.5.  

The director may by authorized regulations prescribe
40the information required to be reported to the department by
P23   1employing units under this division and employers subject to
2withholding tax under Division 6 (commencing with Section
313000) in order to make reports required by the Secretary of Labor,
4to provide information necessary to administer this code, to
5estimate unemployment rates or to make other estimates required
6for the purpose of dispensing or withholding money payments
7under the Welfare Reform Act of 1971, the Employment Security
8Amendments of 1970, the Emergency Unemployment
9Compensation Act of 1971, or the federal Workforce Innovation
10and Opportunity Act, and to make any other reports or estimates
11that may be required by any other state or federal law. The
12authorized regulations of the director may include requirements
13for the reporting of employment, unemployment, hours, wages,
14earnings, the location and nature of the industrial, business, or
15other activity of each establishment for the conduct of business,
16performance of services, or industrial operations, and such other
17requirements as are necessary to comply with this section.

18

SEC. 17.  

Section 325.6 of the Unemployment Insurance Code
19 is amended to read:

20

325.6.  

(a) It is the intent of the Legislature that state supported
21Veterans Employment Training services meet the same
22performance standards as those required by the federal Workforce
23Innovation and Opportunity Act for services provided to veterans.

24(b) Following any fiscal year in which state funds support the
25Veterans Employment Training services program, the Employment
26Development Department shall provide an annual report to the
27Legislature, on or before November 1, regarding the following
28performance measures:

29(1) The number of veterans receiving individualized, case
30managed services.

31(2) The number of veterans who receive individualized, case
32managed services entering employment.

33(3) The retention rate for veterans who enter employment.

34(4) The average earnings for veterans entering employment.

35

SEC. 18.  

Section 1177.5 of the Unemployment Insurance Code
36 is amended to read:

37

1177.5.  

(a) If the director determines that an overpayment has
38been made to the department by an employing unit or the School
39Employees Fund because of a reason specified in this subdivision,
40and the amount of the overpayment has been reimbursed to the
P24   1state by the federal government pursuant to the federal Workforce
2Investment Act of 1998, or the Workforce Innovation and
3Opportunity Act, then the director shall credit the employing unit
4or the School Employees Fund with the amount of that
5overpayment, provided that the director determines that the
6overpayment was made because of one of the following:

7(1) An employing unit paid unemployment insurance
8contributions after December 31, 1974, based on wages paid to
9individuals participating in a public service employment program
10under the federal Workforce Innovation and Opportunity Act.

11(2) An employing unit paid amounts after December 31, 1975,
12pursuant to Section 803 of this part, for benefits awarded based
13on wages paid to individuals participating in a public service
14employment program under the federal Workforce Innovation and
15Opportunity Act.

16(3) Payments were made by the School Employees Fund after
17December 31, 1975, to the Unemployment Fund pursuant to
18Section 821 of this part for benefits awarded based on wages paid
19to individuals participating in a public service employment program
20under the federal Workforce Innovation and Opportunity Act.

21(b) No overpayment described in subdivision (a) shall be
22refunded to an employing unit or to the School Employees Fund.

23

SEC. 19.  

Section 1269 of the Unemployment Insurance Code
24 is amended to read:

25

1269.  

A determination of automatic eligibility for benefits
26under this article shall be issued to an unemployed individual if
27the director finds that any of the following applies:

28(a) The training is authorized by the federal Workforce
29Innovation and Opportunity Act or by the Employment Training
30Panel established pursuant to Chapter 3.5 (commencing with
31Section 10200) of Part 1 of Division 3.

32(b) The training is authorized by the federal Trade Act of 1974
33(19 U.S.C. Sec. 2101 et seq.), as amended by the federal Trade
34Act of 2002 (Public Law 107-210), and as those acts may be
35amended by the federal Trade and Globalization Adjustment
36Assistance Act of 2009, enacted under the federal American
37Recovery and Reinvestment Act of 2009 (Public Law 111-5),
38pursuant to a certified petition.

39(c) The individual is a participant in the California Work
40Opportunity and Responsibility to Kids (CalWORKs) program
P25   1pursuant to Article 3.2 (commencing with Section 11320) of
2Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
3Code, and has entered into a contract with the county welfare
4department to participate in an education or training program.

5(d) (1) The individual is a participant in training with a provider
6that is certified and on the state’s Eligible Training Provider List
7(ETPL), as authorized by the federal Workforce Innovation and
8Opportunity Act, or is a permanent or probationary public school
9teacher who is a participant in a credential preparation program
10or training program approved or accredited by the Commission
11on Teacher Credentialing for additional certification in math,
12science, or special education, for kindergarten and grades 1 to 12,
13inclusive, and was laid off. The credential preparation program or
14training program shall only be approved if a permanent or
15probationary public school teacher enrolls in the training within
16three years of being laid off from the public school employer.

17(2) The changes made to this subdivision by the act adding this
18paragraph shall become operative on January 1, 2014.

19(e) The individual is a journey level union member and the
20training or retraining course of instruction is industry-related
21training necessary due to changes in technology, or industry
22demands, or is necessary to retain employment or to become more
23competitive in obtaining employment.

24

SEC. 20.  

Section 1279.5 of the Unemployment Insurance Code,
25as added by Section 2 of Chapter 141 of the Statutes of 2013, is
26amended to read:

27

1279.5.  

(a) As used in this section:

28(1) “Affected unit” means a specified plant, department, shift,
29or other definable unit that includes two or more workers and not
30less than 10 percent of the employer’s regular permanent work
31force involved in the affected unit or units in each week, or in at
32least one week of a two-consecutive-week period, to which an
33approved work sharing plan applies.

34(2) “Health and retirement benefits” means employer-provided
35health benefits and retirement benefits under a defined benefit
36pension plan, as defined in Section 414(j) of the Internal Revenue
37Code, or contributions under a defined contribution plan, as defined
38in Section 414(i) of the Internal Revenue Code, that are incidents
39of employment in addition to the cash remuneration earned.

P26   1(3) “Work sharing compensation” means the unemployment
2compensation benefits payable to employees in an affected unit
3under an approved work sharing plan, as distinguished from the
4unemployment compensation benefits otherwise payable under
5this part.

6(4) “Work sharing plan” means a plan submitted by an employer,
7for approval by the director, under which the employer requests
8the payment of work sharing compensation to employees in an
9affected unit of the employer in lieu of layoffs.

10(5) “Work sharing program” means the program described by
11this section.

12(6) “Usual weekly hours of work” means the usual hours of
13work for full- or part-time employees in the affected unit when
14that unit is operating on its regular basis, not to exceed 40 hours
15and not including hours of overtime work.

16(7) “Unemployment compensation” means the unemployment
17compensation benefits payable under this part other than work
18sharing compensation and includes amounts payable pursuant to
19an agreement under federal law providing for compensation,
20assistance, or allowances with respect to unemployment.

21(b) Notwithstanding Section 1252 or 1252.2 or any other
22provision of this part, for the purposes of this section an employee
23is “unemployed” in any week if the employee works less than his
24or her usual weekly hours of work for the employee’s regular
25employer, as the result of the regular employer’s participation in
26a work sharing plan that meets the requirements of this section
27and has been approved by the director, pursuant to which the
28employer, in lieu of layoff, reduces employment and stabilizes the
29workforce.

30(c) An employer wishing to participate in the work sharing
31program, on and after July 1, 2014, shall submit a signed written
32work sharing plan to the director for approval. The director shall
33develop an application form to request approval of a work sharing
34plan and an approval process that meets the requirements of this
35section. The application shall include, but is not limited to, the
36following:

37(1) The affected unit covered by the plan, including the number
38of full- or part-time employees in the unit, the percentage of
39employees in the affected unit covered by the plan, identification
40of each individual employee in the affected unit by name, social
P27   1security number, and the employer’s unemployment tax account
2number and any other information required by the director to
3identify plan participants.

4(2) A description of how employees in the affected unit will be
5notified of the employer’s participation in the work sharing plan
6if the application is approved, including how the employer will
7notify those employees in a collective bargaining unit as well as
8any employees in the affected unit who are not in a collective
9bargaining unit. If the employer does not intend to provide advance
10notice to employees in the affected unit, the employer shall explain
11in a statement in the application why it is not feasible to provide
12that notice.

13(3) A requirement that the employer identify, in the application,
14the usual weekly hours of work for employees in the affected unit
15and the specific percentage by which their hours will be reduced
16during all weeks covered by the plan. The percentage of reduction
17of usual weekly hours of work for which a work sharing plan may
18be approved shall not be less than 10 percent or more than 60
19percent. If the plan includes any week for which the employer
20regularly does not provide work, including, but not limited to,
21incidences due to a holiday or plant closing, then that week shall
22be identified in the application.

23(4) (A) Except as provided in subparagraph (B), certification
24by the employer, if the employer provides health and retirement
25benefits to any employee whose usual weekly hours of work are
26to be reduced under the plan, that the benefits will continue to be
27provided, to the extent permitted by federal law, to employees
28participating in the work sharing plan under the same terms and
29conditions as though the usual weekly hours of work of these
30employees had not been reduced or to the same extent as other
31employees not participating in the work sharing plan. For defined
32benefit retirement plans, to the extent permitted by federal law,
33the hours that are reduced under the work sharing plan shall be
34credited for purposes of participation, vesting, and accrual of
35benefits as though the usual weekly hours of work had not been
36reduced. The dollar amount of employer contributions to a defined
37contribution plan that are based on a percentage of compensation
38may be less due to the reduction in the employee’s compensation.

39(B) If a reduction in health and retirement benefits is scheduled
40to occur during the duration of the plan and those reductions will
P28   1be applied equally to employees who are not participating in the
2work sharing program, then the application shall so certify, and
3those benefits may be reduced for those employees who are
4participating in the work sharing plan.

5(5) Certification by the employer that the aggregate reduction
6in work hours is in lieu of temporary or permanent layoffs, or both.
7The application shall include an estimate of the number of workers
8who would have been laid off in the absence of the work sharing
9plan.

10(6) Agreement by the employer to do all of the following:

11(A) Furnish reports to the director relating to the proper conduct
12of the plan.

13(B) Allow the director or his or her authorized representatives
14access to all records necessary to approve or disapprove the plan
15application.

16(C) After approval of a plan, monitor and evaluate the plan.

17(D) Follow any other directives the director deems necessary
18for the department to implement the plan and that are consistent
19with the requirements for plan applications.

20(7) Certification by the employer that participation in the work
21sharing plan and its implementation is consistent with the
22employer’s obligations under applicable federal and state laws.

23(8) The effective date and duration of the plan, which shall not
24be later than the end of the 12th full calendar month after the
25effective date.

26(9) Any other provision added to the application by the director
27that the United States Secretary of Labor determines to be
28appropriate for purposes of a work sharing plan.

29(d) The director shall approve or disapprove a work sharing
30plan in writing by the close of business no later than 10 working
31days from the date the completed plan is received and communicate
32the decision to the employer. A decision disapproving the plan
33shall clearly identify the reasons for the disapproval. Within 20
34days, the employer may submit a request for review of the
35disapproved work sharing plan to the director’s work sharing
36administrator, whom the director shall designate for this purpose.
37After review, the work sharing administrator’s decision of approval
38or disapproval shall be final. If disapproved, the employer may
39submit a different work sharing plan for approval.

P29   1(e) The director shall work with the employer to determine the
2effective date of a work sharing plan, which shall be specified in
3the notice of approval to the employer. The plan shall expire on
4the date specified in the notice of approval, which shall be either
5the date at the end of the 12th full calendar month after its effective
6date or an earlier date mutually agreed upon by the employer and
7the director. However, if a work sharing plan is revoked by the
8director under subdivision (f) of this section, the plan shall
9terminate on the date specified in the director’s written order of
10revocation. An employer may terminate a work sharing plan at
11any time upon written notice to the director. An employer may
12submit an application to renew the work sharing plan not more
13than 10 days after a previously approved work sharing plan expires.

14(f) The director may revoke approval of a work sharing plan
15for good cause at any time. The revocation order shall be in writing
16and shall specify the reasons for the revocation and the date the
17revocation is effective. The director may periodically review the
18operation of an employer’s work sharing plan to ensure that good
19cause does not exist for revocation of the approval of the plan. For
20purposes of these provisions, good cause includes, but is not limited
21to, failure to comply with the assurances given in the plan,
22unreasonable revision of productivity standards for the affected
23unit, conduct or occurrences tending to defeat the intent and
24effective operation of the work sharing plan, and violation of any
25 criteria on which approval of the plan was based.

26(g) An employer may request a modification of an approved
27plan by filing a written request to the director. The request shall
28identify the specific provisions proposed to be modified and
29provide an explanation of why the proposed modification is
30appropriate for the work sharing plan. The director shall approve
31or disapprove the proposed modification in writing by the close
32of business no later than 10 working days from the date the
33proposed modification is received and communicate the decision
34to the employer. The director, in his or her discretion, may approve
35a request for modification of the plan based on conditions that
36have changed since the plan was approved, provided that the
37modification is consistent with and supports the purposes for which
38the plan was initially approved. A modification does not extend
39the expiration date of the original plan, and the director shall
40promptly notify the employer whether the plan modification has
P30   1been approved and, if approved, the effective date of the
2modification, which shall not be earlier than the effective date of
3the original work sharing plan. An employer is not required to
4request approval of a plan modification from the director if the
5change is not substantial, but the employer shall promptly report,
6in writing, every change to the plan to the director. The director
7may terminate an employer’s plan if the employer fails to meet
8this reporting requirement. If the director determines that the
9reported change is substantial, the director shall require the
10employer to request a modification to the plan.

11(h) (1) An employee is eligible to receive work sharing
12compensation with respect to any week only if the employee is
13monetarily eligible for unemployment compensation, not otherwise
14disqualified for unemployment compensation, and both of the
15following are true:

16(A) During the week, the employee is employed as a member
17of an affected unit under an approved work sharing plan, which
18was approved prior to that week, and the plan is in effect with
19respect to the week for which work sharing compensation is
20claimed.

21(B) Notwithstanding any other provisions relating to availability
22for work and actively seeking work, the employee is available for
23the employee’s usual hours of work with the work sharing
24employer, which may include, for purposes of this section,
25participating in training to enhance job skills that is approved by
26the director, such as employer-sponsored training or training funded
27under the federal Workforce Innovation and Opportunity Act.

28(2) Notwithstanding any other provision of law, an employee
29covered by a work sharing plan is deemed unemployed in any
30week during the duration of that plan if the employee’s
31remuneration as an employee in an affected unit is reduced based
32on a reduction of the employee’s usual weekly hours of work under
33an approved work sharing plan.

34(i) For the purposes of this section, an employee shall not be
35disqualified under subdivision (c) of Section 1253 for any week
36if both of the following conditions exist:

37(1) The employee has not been absent from work without the
38approval of the regular employer.

P31   1(2) The employee accepted all work the regular employer made
2available to the individual during hours scheduled off due to the
3work sharing plan.

4(j) The work sharing weekly compensation amount shall be the
5product of the regular weekly unemployment compensation amount
6for a week of total unemployment multiplied by the percentage of
7reduction in the individual’s usual weekly hours of work.

8(k) (1) Provisions applicable to unemployment compensation
9shall apply to employees in a work sharing plan to the extent that
10they are not inconsistent with work sharing program provisions.
11An employee who files an initial claim for work sharing
12compensation shall receive a monetary determination. An employee
13may be eligible for work sharing compensation or unemployment
14compensation, as appropriate, except that an employee shall not
15be eligible for combined benefits in any benefit year in an amount
16more than the maximum entitlement established for regular
17unemployment compensation, nor shall an employee be paid work
18sharing benefits for more than 52 weeks under a work sharing
19plan.

20(2) An employee who is not provided any work during a week
21by the work sharing employer, or any other employer, and who is
22otherwise eligible for unemployment compensation, shall be
23eligible for the amount of regular unemployment compensation to
24which he or she would otherwise be eligible.

25(3) An employee who is not provided any work by the work
26sharing employer during a week, but who works for another
27employer and is otherwise eligible, may be paid unemployment
28compensation for that week subject to the disqualifying income
29and other provisions applicable to claims for regular unemployment
30compensation.

31(4) The work sharing compensation paid to an employee shall
32be deducted from the maximum entitlement amount of regular
33unemployment compensation established for that employee’s
34benefit year.

35(5) An employee who has received all of the work sharing
36compensation or combined unemployment compensation and work
37sharing compensation available in a benefit year shall be considered
38an exhaustee for purposes of extended benefits and, if otherwise
39eligible under those provisions, shall be eligible to receive extended
40benefits.

P32   1(6) No employee who receives any benefits under this section
2during any benefit year shall receive any benefits pursuant to
3Section 1252 or 1252.2 as a partially unemployed individual with
4respect to any week during a benefit year while in employment
5status with the regular employer who initiated the work sharing
6plan under this section.

7(7) Sections 1253.5 and 1279 shall not apply to any individual
8 eligible for any payment under this section.

9(l) Any amount payable under this section shall be reduced by
10the amount of any and all compensation payable for personal
11services, whether performed as an employee or an independent
12contractor or as a juror or as a witness, except compensation
13payable by the regular employer under a work sharing plan. For
14the purposes of this subdivision, “regular employer” may include,
15pursuant to an approved plan, a labor organization that periodically
16employs individuals in accordance with a collective bargaining
17agreement.

18(m) Work sharing compensation shall be charged to employers’
19experience rating accounts in the same manner as unemployment
20compensation is charged under this part. Employers liable for
21payments in lieu of contributions shall have work sharing
22compensation attributed to service in their employ in the same
23manner as unemployment compensation is attributed.

24(n) The benefit payment under this section, if not a multiple of
25one dollar ($1), shall be increased to the next higher multiple of
26one dollar ($1).

27(o) Except as otherwise provided by or inconsistent with this
28section, all provisions of this division and authorized regulations
29apply to benefits under this section. Authorized regulations may,
30to the extent permitted by federal law, make those distinctions and
31requirements as may be necessary in the procedures and provisions
32applicable to unemployed individuals to carry out the purposes of
33this section, including, but not limited to, regulations defining
34normal hours, days, workweeks, and wages.

35(p) Employees shall not be eligible to receive any benefits under
36this section unless their employer agrees, in writing, and their
37bargaining agent pursuant to any applicable collective bargaining
38agreement agrees, in writing, to voluntarily participate in the work
39sharing program created by this section.

P33   1(q) Notwithstanding Section 1327, the department shall not be
2required to notify an employer of additional claims that result from
3an approved plan submitted by the employer under which benefits
4are not paid in each week.

5(r) This section shall become operative on July 1, 2014. This
6section shall apply to work sharing plans that become effective on
7or after July 1, 2014.

8

SEC. 21.  

Section 2051 of the Unemployment Insurance Code
9 is amended to read:

10

2051.  

The State of California accepts the provisions of the
11Wagner-Peyser Act, approved June 6, 1933, as amended by the
12federal Workforce Innovation and Opportunity Act passed by the
13Congress of the United States, and entitled “An act to provide for
14the establishment of a national employment system and for
15cooperation with the states in the promotion of the system, and for
16other purposes,” in conformity with Section 4 thereof, and will
17observe and comply with the requirements of that act.

18The department is the agency of this state for the purposes of
19that act.

begin delete20

SEC. 22.  

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

22

9600.7.  

(a) The department shall have the authority to
23administer the requirements of the federal Workforce Innovation
24and Opportunity Act including, but not limited to, establishing
25accounting, monitoring, auditing, and reporting procedures and
26criteria in order to ensure state compliance with the objectives and
27requirements of the federal Workforce Innovation and Opportunity
28Act.

29(b) The department shall adopt, amend, or repeal any rules and
30regulations as necessary to implement Division 7 (commencing
31with Section 14000).

end delete
32

begin deleteSEC. 23.end delete
33begin insertSEC. 22.end insert  

Section 9809.5 of the Unemployment Insurance Code
34 is amended to read:

35

9809.5.  

Each grant recipient shall report to the director on other
36participant outcomes as required by the Governor under Section
37122(h) of the federal Workforce Innovation and Opportunity Act.

38

begin deleteSEC. 24.end delete
39begin insertSEC. 23.end insert  

Section 10200 of the Unemployment Insurance Code
40 is amended to read:

P34   1

10200.  

The Legislature finds and declares the following:

2(a) California’s economy is being challenged by competition
3from other states and overseas. In order to meet this challenge,
4California’s employers, workers, labor organizations, and
5government need to invest in a skilled and productive workforce,
6and in developing the skills of frontline workers. For purposes of
7this section, “frontline worker” means a worker who directly
8produces or delivers goods or services.

9The purpose of this chapter is to establish a strategically designed
10employment training program to promote a healthy labor market
11in a growing, competitive economy that shall fund only projects
12that meet the following criteria:

13(1) Foster creation of high-wage, high-skilled jobs, or foster
14retention of high-wage, high-skilled jobs in manufacturing and
15other industries that are threatened by out-of-state and global
16competition, including, but not limited to, those industries in which
17targeted training resources for California’s small and medium-sized
18business suppliers will increase the state’s competitiveness to
19secure federal, private sector, and other nonstate funds. In addition,
20provide for retraining contracts in companies that make a monetary
21or in-kind contribution to the funded training enhancements.

22(2) Encourage industry-based investment in human resources
23development that promotes the competitiveness of California
24industry through productivity and product quality enhancements.

25(3) Result in secure jobs for those who successfully complete
26training. All training shall be customized to the specific
27requirements of one or more employers or a discrete industry and
28shall include general skills that trainees can use in the future.

29(4) Supplement, rather than displace, funds available through
30existing programs conducted by employers and government-funded
31training programs, such as the federal Workforce Innovation and
32Opportunity Act, the Carl D. Perkins Vocational Education Act
33(Public Law 98-524), CalWORKs (Chapter 2 (commencing with
34Section 11200) of Part 3 of Division 9 of the Welfare and
35Institutions Code), and the McKinney-Vento Homeless Assistance
36Act (42 U.S.C. Sec. 11301 et seq.), the California Community
37Colleges Economic Development Program, or apportionment funds
38allocated to the community colleges, regional occupational centers
39and programs, or other local educational agencies. In addition, it
40is further the intention of the Legislature that programs developed
P35   1pursuant to this chapter shall not replace, parallel, supplant,
2compete with, or duplicate in any way already existing approved
3apprenticeship programs.

4(b) The Employment Training Panel, in funding projects that
5meet the requirements of subdivision (a), shall give funding priority
6to those projects that best meet the following goals:

7(1) Result in the growth of the California economy by
8stimulating exports from the state and the production of goods and
9services that would otherwise be imported from outside the state.

10(2) Train new employees of firms locating or expanding in the
11state that provide high-skilled, high-wage jobs and are committed
12to an ongoing investment in the training of frontline workers.

13(3) Develop workers with skills that prepare them for the
14challenges of a high performance workplace of the future.

15(4) Train workers who have been displaced, have received
16notification of impending layoff, or are subject to displacement,
17because of a plant closure, workforce reduction, changes in
18technology, or significantly increasing levels of international and
19out-of-state competition.

20(5) Are jointly developed by business management and worker
21representatives.

22(6) Develop career ladders for workers.

23(7) Promote the retention and expansion of the state’s
24manufacturing workforce.

25(c) The program established through this chapter is to be
26coordinated with all existing employment training programs and
27economic development programs, including, but not limited to,
28programs such as the federal Workforce Innovation and
29Opportunity Act, the California Community Colleges, the regional
30occupational programs, vocational education programs, joint
31labor-management training programs, and related programs under
32the Employment Development Department and the Governor’s
33Office of Business and Economic Development, and the Business,
34Consumer Services, and Housing Agency.

35

begin deleteSEC. 25.end delete
36begin insertSEC. 24.end insert  

Section 10204 of the Unemployment Insurance Code
37 is amended to read:

38

10204.  

The panel shall coordinate its programs with local and
39state workforce investment boards and other partners of the federal
40Workforce Innovation and Opportunity Act. This coordination
P36   1shall include, but not be limited to, the adoption of a plan, including
2regular sharing of data, for the coordination of training authorized
3pursuant to this chapter with programs administered under Division
48 (commencing with Section 15000).

5

begin deleteSEC. 26.end delete
6begin insertSEC. 25.end insert  

Section 10205 of the Unemployment Insurance Code
7 is amended to read:

8

10205.  

The panel shall do all of the following:

9(a) Establish a three-year plan that shall be updated annually,
10based on the demand of employers for trained workers, changes
11in the state’s economy and labor markets, and continuous reviews
12of the effectiveness of panel training contracts. The updated plan
13shall be submitted to the Governor and the Legislature not later
14than January 1 of each year. In carrying out this section, the panel
15shall review information in the following areas:

16(1) Labor market information, including the state-local labor
17market information program in the Employment Development
18Department and other relevant regional or statewide initiatives and
19collaboratives.

20(2) Evaluations of the effectiveness of training as measured by
21increased security of employment for workers and benefits to the
22California economy.

23(3) The demand for training by industry, type of training, and
24size of employer.

25(4) Changes in skills necessary to perform jobs, including
26changes in basic literacy skills.

27(5) Changes in the demographics of the labor force and the
28population entering the labor market.

29(6) Proposed expenditures by other agencies of federal
30Workforce Innovation and Opportunity Act funds and other state
31and federal training and vocational education funds on eligible
32participants.

33(b) Maintain a system to continuously monitor economic and
34other data required under this plan. If this data changes significantly
35during the life of the plan, the plan shall be amended by the panel.
36Each plan shall include all of the following:

37(1) The panel’s objectives with respect to the criteria and
38priorities specified in Section 10200 and the distribution of funds
39between new-hire training and retraining.

P37   1(2) The identification of specific industries, production and
2quality control techniques, and regions of the state where
3employment training funds would most benefit the state’s economy
4and plans to encourage training in these areas, including specific
5standards and a system for expedited review of proposals that meet
6the standards.

7(3) A system for expedited review of proposals that are
8substantially similar with respect to employer needs, training
9curriculum, duration of training, and costs of training, in order to
10encourage the development of proposals that meet the needs
11identified in paragraph (2).

12(4) The panel’s goals, operational objectives, and strategies to
13meet the needs of small businesses, including, but not limited to,
14those small businesses with 100 or fewer employees. These
15strategies proposed by the panel may include, but not be limited
16to, pilot demonstration projects designed to identify potential
17barriers that small businesses may experience in accessing panel
18programs and workforce training resources, including barriers that
19may exist within small businesses.

20(5) The research objectives of the panel that contribute to the
21effectiveness of this chapter in benefiting the economy of the state
22as a whole.

23(6) A priority list of skills or occupations that are in such short
24supply that employers are choosing to not locate or expand their
25businesses in the state or are importing labor in response to these
26skills shortages.

27(7) A review of the panel’s efforts to coordinate with the
28California Workforce Investment Board and local boards to achieve
29an effective and coordinated approach in the delivery of the state’s
30workforce resources.

31(A) The panel will consider specific strategies to achieve this
32goal that include the development of initiatives to engage local
33workforce investment boards in enhancing the utilization of panel
34training resources by companies in priority sectors, special
35 populations, and in geographically underserved areas of the state.

36(B) Various approaches to foster greater program integration
37between workforce investment boards and the panel will also be
38considered, which may include marketing agreements, expanded
39technical assistance, modification of program regulations and
40policy, and expanded use of multiple employer contracts.

P38   1(c) Solicit proposals and write contracts on the basis of proposals
2made directly to it. Contracts for the purpose of providing
3employment training may be written with any of the following:

4(1) An employer or group of employers.

5(2) A training agency.

6(3) A local workforce investment board with the approval of
7the appropriate local elected officials in the local workforce
8investment area.

9(4) A grant recipient or administrative entity selected pursuant
10to the federal Workforce Innovation and Opportunity Act, with
11the approval of the local workforce investment board and the
12appropriate local elected officials.

13These contracts shall be in the form of fixed-fee performance
14contracts. Notwithstanding any provision of law to the contrary,
15contracts entered into pursuant to this chapter shall not be subject
16to competitive bidding procedures. Contracts for training may be
17written for a period not to exceed 24 months for the purpose of
18administration by the panel and the contracting employer or any
19group of employers acting jointly or any training agency for the
20purpose of providing employment training.

21(d) Fund training projects that best meet the priorities identified
22annually. In doing so, the panel shall seek to facilitate the
23employment of the maximum number of eligible participants.

24(e) Establish minimum standards for the consideration of
25proposals, which shall include, but not be limited to, evidence of
26labor market demand, the number of jobs available, the skill
27requirements for the identified jobs, the projected cost per person
28trained, hired, and retained in employment, the wages paid
29successful trainees upon placement, and the curriculum for the
30training. No proposal shall be considered or approved that proposes
31training for employment covered by a collective bargaining
32agreement unless the signatory labor organization agrees in writing.

33(f) Ensure the provision of adequate fiscal and accounting
34controls for, monitoring and auditing of, and other appropriate
35technical and administrative assistance to, projects funded by this
36chapter.

37(g) Provide for evaluation of projects funded by this chapter.
38The evaluations shall assess the effectiveness of training previously
39funded by the panel to improve job security and stability for
40workers, and benefit participating employers and the state’s
P39   1economy, and shall compare the wages of trainees in the 12-month
2period prior to training as well as the 12-month period subsequent
3to completion of training, as reflected in the department’s
4unemployment insurance tax records. Individual project evaluations
5shall contain a summary description of the project, the number of
6persons entering training, the number of persons completing
7training, the number of persons employed at the end of the project,
8the number of persons still employed three months after the end
9of the project, the wages paid, the total costs of the project, and
10the total reimbursement received from the Employment Training
11Fund.

12(h) Report annually to the Legislature, by November 30, on
13projects operating during the previous state fiscal year. These
14annual reports shall provide separate summaries of all of the
15following:

16(1) Projects completed during the year, including their individual
17and aggregate performance and cost.

18(2) Projects not completed during the year, briefly describing
19each project and identifying approved contract amounts by contract
20and for this category as a whole, and identifying any projects in
21which funds are expected to be disencumbered.

22(3) Projects terminated prior to completion and the reasons for
23the termination.

24(4) A description of the amount, type, and effectiveness of
25literacy training funded by the panel.

26(5) Results of complete project evaluations.

27(6) A description of pilot projects, and the strategies that were
28identified through these projects, to increase access by small
29businesses to panel training contracts.

30(7) A listing of training projects that were funded in high
31unemployment areas and a detailed description of the policies and
32procedures that were used to designate geographic regions and
33municipalities as high unemployment areas.

34In addition, based upon its experience in administering job
35training projects, the panel shall include in these reports policy
36recommendations concerning the impact of job training and the
37panel’s program on economic development, labor-management
38relations, employment security, and other related issues.

P40   1(i) Conduct ongoing reviews of panel policies with the goal of
2developing an improved process for developing, funding, and
3implementing panel contracts as described in this chapter.

4(j) Expedite the processing of contracts for firms considering
5locating or expanding businesses in the state, in accordance with
6the priorities for employment training programs set forth in
7subdivision (b) of Section 10200.

8(k) Coordinate and consult regularly with business groups and
9labor organizations, the California Workforce Investment Board,
10the State Department of Education, the office of the Chancellor of
11the California Community Colleges, and the Employment
12Development Department.

13(l) Adopt by regulation procedures for the conduct of panel
14business, including the scheduling and conduct of meetings, the
15review of proposals, the disclosure of contacts between panel
16members and parties at interest concerning particular proposals,
17contracts or cases before the panel or its staff, the awarding of
18contracts, the administration of contracts, and the payment of
19amounts due to contractors. All decisions by the panel shall be
20made by resolution of the panel and any adverse decision shall
21include a statement of the reason for the decision.

22(m) Adopt regulations and procedures providing reasonable
23confidentiality for the proprietary information of employers seeking
24training funds from the panel if the public disclosure of that
25information would result in an unfair competitive disadvantage to
26the employer supplying the information. The panel may not
27withhold information from the public regarding its operations,
28procedures, and decisions that would otherwise be subject to
29disclosure under the California Public Records Act (Chapter 3.5
30(commencing with Section 6250) of Division 7 of Title 1 of the
31Government Code).

32(n) Review and comment on the budget and performance of any
33program, project, or activity funded by the panel utilizing funds
34collected pursuant to Section 976.6.

35

begin deleteSEC. 27.end delete
36begin insertSEC. 26.end insert  

Section 11024 of the Unemployment Insurance Code
37 is amended to read:

38

11024.  

(a) The program model for implementation of the
39Caregiver Training Initiative shall consist of a solicitation and
40competitive selection process to identify proposals from regional
P41   1collaborative programs that offer the best solutions to removing
2barriers for attracting and retaining qualified health care providers,
3such as certified nurse assistants, certified nurses, registered nurses,
4licensed vocational nurses, and other types of nursing and direct
5care staff.

6(b) Proposals for funding under the initiative submitted by
7regional collaborative programs shall address all of the following
8topics:

9(1) Marketing and outreach strategies that will attract eligible
10 participants to begin careers in the health care provider industry
11and promote public awareness, especially among employers, to
12the opportunity to hire trained health care providers.

13(2) Collaboration and agreements with state and local agency
14partners to help identify, refer, and provide services to eligible
15participants.

16(3) Development and use of innovative training strategies,
17coupled with industry cooperation, to provide matching career
18paths that will enable participants to advance in the health care
19industry, including in nursing occupations such as certified nurse
20assistants, certified nurses, registered nurses, and licensed
21vocational nurses.

22(4) Strategies for providing incentives to health care employers
23to hire program participants, such as taking advantage of existing
24tax credits, and incentives for participants to remain in and graduate
25from the program, such as postemployment training and support
26components.

27(5) Leveraging additional resources to support activities that
28are not allowable with local welfare-to-work (Article 3.2
29(commencing with Section 11320) of Chapter 1 of Part 3 of
30Division 9 of the Welfare and Institutions Code) funds and federal
31Workforce Innovation and Opportunity Act funds and that will
32provide flexibility in serving participants.

33(c) The regional collaborative programs that compete for
34contracts under the initiative may include partnerships of any
35combination of local governmental entities, private nonprofit
36entities, and employer or employee groups. In order to ensure
37oversight for funds used in these contracts, fiscal agents
38representing these collaborative programs shall demonstrate all of
39the following:

40(1) The capacity to retain fiduciary responsibility for funds.

P42   1(2) That the fiscal agent was chosen by agreement of
2collaborating partners.

3(3) Previous experience using public funds for similar projects.

4(4) The ability to properly account for and administer funds.

begin delete
5

SEC. 28.  

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

7

14002.  

(a) The Legislature finds and declares that screening
8designed to detect unidentified disabilities, including learning
9disabilities, improves workforce preparation and enhances the use
10of employment and training resources.

11(b) Section 134(c)(2)(iii) of the federal Workforce Innovation
12and Opportunity Act allows for the use of funds for initial
13assessment of skill levels, aptitudes, abilities and support services,
14and Section 134(c)(2)(xii) of that act allows for comprehensive
15and specialized assessments of skill levels and service needs,
16including, but not limited to, diagnostic testing and the use of other
17assessment tools and in-depth interviewing and evaluation to
18identify employment barriers and appropriate employment goals.

19(c) The Legislature encourages one-stop career centers to
20maximize the use of federal Workforce Innovation and Opportunity
21Act resources and other federal and state workforce development
22resources for screening designed to detect unidentified disabilities,
23and if indicated, appropriate diagnostic assessment.

24

SEC. 29.  

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

26

14003.  

(a) Grants or contracts awarded under the federal
27Workforce Innovation and Opportunity Act, or any other state or
28federally funded workforce development program, may not be
29awarded to organizations that are owned or operated as pervasively
30sectarian organizations.

31(b) Grants or contracts awarded under the federal Workforce
32Innovation and Opportunity Act, or any other state or federally
33funded workforce development program, shall comply with Section
344 of Article I and Section 5 of Article XVI of the California
35Constitution, state and federal civil rights laws, and the First
36Amendment to the United States Constitution in regard to
37pervasively sectarian organizations. These legal constraints include
38prohibitions on the discrimination against beneficiaries and staff
39based on protected categories and on the promoting of religious
40doctrine to advance sectarian beliefs.

P43   1

SEC. 30.  

Section 14004.5 of the Unemployment Insurance
2Code
is amended to read:

3

14004.5.  

The Consolidated Work Program Fund is hereby
4created in the State Treasury, for the receipt of all moneys
5deposited pursuant to the federal Workforce Innovation and
6Opportunity Act. The Employment Development Department shall
7be the entity responsible for administering this section. Moneys
8in the fund shall be made available, upon appropriation by the
9Legislature, to the department, for expenditure consistent with the
10purposes of the federal Workforce Innovation and Opportunity
11Act.

12

SEC. 31.  

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

14

14005.  

For purposes of this division:

15(a) “Board” means the California Workforce Investment Board.

16(b) “Agency” means the Labor and Workforce Development
17Agency.

18(c) “Career pathways,” “career ladders,” or “career lattices”
19mean an identified series of positions, work experiences, or
20educational benchmarks or credentials with multiple access points
21that offer occupational and financial advancement within a
22specified career field or related fields over time.

23(d) “Cluster-based sector strategies” means methods of focusing
24workforce and economic development on those sectors that have
25demonstrated a capacity for economic growth and job creation in
26a particular geographic area.

27(e) “Data driven” means a process of making decisions about
28investments and policies based on systematic analysis of data,
29which may include data pertaining to labor markets.

30(f) “Economic security” means, with respect to a worker, earning
31a wage sufficient to support a family adequately, and, over time,
32to save for emergency expenses and adequate retirement income,
33based on factors such as household size, the cost of living in the
34worker’s community, and other factors that may vary by region.

35(g) “Evidence-based” means making use of policy research as
36a basis for determining best policy practices. Evidence-based
37policymakers adopt policies that research has shown to produce
38positive outcomes, in a variety of settings, for a variety of
39 populations over time. Successful, evidence-based programs deliver
40quantifiable and sustainable results. Evidence-based practices
P44   1differ from approaches that are based on tradition, belief,
2convention, or anecdotal evidence.

3(h) “High-priority occupations” mean occupations that have a
4significant presence in a targeted industry sector or industry cluster,
5are in demand by employers, and pay or lead to payment of a wage
6that provides economic security.

7(i) “Individual with employment barriers” means an individual
8with any characteristic that substantially limits an individual’s
9ability to obtain employment, including indicators of poor work
10history, lack of work experience, or access to employment in
11nontraditional occupations, long-term unemployment, lack of
12educational or occupational skills attainment, dislocation from
13high-wage and high-benefit employment, low levels of literacy or
14English proficiency, disability status, or welfare dependency.

15(j) “Industry cluster” means a geographic concentration or
16emerging concentration of interdependent industries with direct
17service, supplier, and research relationships, or independent
18industries that share common resources in a given regional
19economy or labor market. An industry cluster is a group of
20employers closely linked by common product or services,
21workforce needs, similar technologies, and supply chains in a given
22regional economy or labor market.

23(k) (1) “Industry or sector partnership” means a workforce
24collaborative that organizes key stakeholders in a targeted industry
25cluster into a working group that focuses on the workforce needs
26of the targeted industry cluster. An industry or sector partnership
27organizes the stakeholders connected with a specific local or
28regional industry--multiple firms, labor groups, education and
29training providers, and workforce and education systems--to
30develop workforce development strategies within the industry.
31Successful sector partnerships leverage partner resources to address
32both short-term and long-term human capital needs of a particular
33sector, including by analyzing current labor markets and identifying
34barriers to employment within the industry, developing cross-firm
35skill standards, curricula, and training programs, and developing
36occupational career ladders to ensure workers of all skill levels
37can advance within the industry.

38(2) Industry or sector partnerships include, at the appropriate
39stage of development of the partnership, all of the following:

P45   1(A) Representatives of multiple firms or employers in the
2targeted industry cluster, including small-sized and medium-sized
3employers when practicable.

4(B) One or more representatives of state labor organizations,
5central labor coalitions, or other labor organizations, except in
6instances where no labor representations exists.

7(C) One or more representatives of local workforce investment
8boards.

9(D) One or more representatives of kindergarten and grades 1
10to 12, inclusive, and postsecondary educational institutions or other
11training providers, including, but not limited to, career technical
12educators.

13(E) One or more representatives of state workforce agencies or
14other entities providing employment services.

15(3) An industry or sector partnership may also include
16representatives from the following:

17(A) State or local government.

18(B) State or local economic development agencies.

19(C) Other state or local agencies.

20(D) Chambers of commerce.

21(E) Nonprofit organizations.

22(F) Philanthropic organizations.

23(G) Economic development organizations.

24(H) Industry associations.

25(I) Other organizations, as determined necessary by the members
26comprising the industry or sector partnership.

27(l) “Industry sector” means those firms that produce similar
28products or provide similar services using somewhat similar
29business processes, and are closely linked by workforce needs,
30within a regional labor market.

31(m) “Local labor federation” means a central labor council that
32is an organization of local unions affiliated with the California
33Labor Federation or a local building and construction trades council
34affiliated with the State Building and Construction Trades Council.

35(n) “Sector strategies” means methods of prioritizing
36investments in competitive and emerging industry sectors and
37industry clusters on the basis of labor market and other economic
38data indicating strategic growth potential, especially with regard
39to jobs and income, and exhibit the following characteristics:

P46   1(1) Focus workforce investment in education and workforce
2training programs that are likely to lead to jobs providing economic
3security or to an entry-level job with a well-articulated career
4pathway into a job providing economic security.

5(2) Effectively boost labor productivity or reduce business
6barriers to growth and expansion stemming from workforce supply
7problems, including skills gaps and occupational shortages by
8directing resources and making investments to plug skills gaps
9and provide education and training programs for high-priority
10occupations.

11(3) May be implemented using articulated career pathways or
12lattices and a system of stackable credentials.

13(4) May target underserved communities, disconnected youths,
14incumbent workers, and recently separated military veterans.

15(5) Frequently are implemented using industry or sector
16partnerships.

17(6) Typically are implemented at the regional level where sector
18firms, those employers described in subdivisions (j) and (l), often
19share a common labor market and supply chains. However, sector
20strategies may also be implemented at the state or local level
21depending on sector needs and labor market conditions.

22(o) “Workforce Innovation and Opportunity Act” means the
23federal act enacted as Public Law 113-128.

24

SEC. 32.  

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

26

14013.  

The board shall assist the Governor in the following:

27(a) Promoting the development of a well-educated and highly
28skilled 21st century workforce.

29(b) Developing the State Workforce Investment Plan.

30(c) Developing guidelines for the continuous improvement and
31operation of the workforce investment system, including:

32(1) Developing policies to guide the one-stop system.

33(2) Providing technical assistance for the continuous
34improvement of the one-stop system.

35(3) Recommending state investments in the one-stop system.

36(4) Targeting resources to competitive and emerging industry
37sectors and industry clusters that provide economic security and
38are either high-growth sectors or critical to California’s economy,
39or both. These industry sectors and clusters shall have significant
P47   1economic impacts on the state and its regional and workforce
2development needs and have documented career opportunities.

3(5) To the extent permissible under state and federal laws,
4recommending youth policies and strategies that support linkages
5between kindergarten and grades 1 to 12, inclusive, and community
6college educational systems and youth training opportunities in
7order to help youth secure educational and career advancement.
8These policies and strategies may be implemented using a sector
9strategies framework and should ultimately lead to placement in
10a job providing economic security or job placement in an
11entry-level job that has a well-articulated career pathway or career
12ladder to a job providing economic security.

13(6) To the extent permissible under state and federal law,
14recommending adult and dislocated worker training policies and
15investments that offer a variety of career opportunities while
16upgrading the skills of California’s workforce. These may include
17training policies and investments pertaining to any of the following:

18(A) Occupational skills training, including training for
19nontraditional employment.

20(B) On-the-job training.

21(C) Programs that combine workplace training with related
22instruction, which may include cooperative education programs.

23(D) Training programs operated by the private sector.

24(E) Skill upgrading and retraining.

25(F) Entrepreneurial training.

26(G) Job readiness training.

27(H) Adult education and literacy activities provided in
28combination with any of the services described in this paragraph.

29(I) Customized training conducted with a commitment by an
30employer or group of employers to employ an individual upon
31successful completion of the training.

32(d) Developing and continuously improving the statewide
33workforce investment system as delivered via the one-stop delivery
34system and via other programs and services supported by funding
35from the federal Workforce Innovation and Opportunity Act,
36including:

37(1) Developing linkages in order to ensure coordination and
38nonduplication among workforce programs and activities.

39(2) Reviewing local workforce investment plans.

P48   1(3) Leveraging state and federal funds to ensure that resources
2are invested in activities that meet the needs of the state’s
3competitive and emerging industry sectors and advance the
4education and employment needs of students and workers so they
5can keep pace with the education and skill needs of the state, its
6regional economies, and leading industry sectors.

7(e) Commenting, at least once annually, on the measures taken
8pursuant to the Carl D. Perkins Vocational and Applied Technology
9Education Act Amendments of 1990 (Public Law 101-392; 20
10U.S.C. Sec. 2301 et seq.).

11(f) Designating local workforce investment areas within the
12state based on information derived from all of the following:

13(1) Consultations with the Governor.

14(2) Consultations with the chief local elected officials.

15(3) Consideration of comments received through the public
16comment process, as described in Section 102(b)(2)(E)(iii)(II) of
17the federal Workforce Innovation and Opportunity Act.

18(g) Developing and modifying allocation formulas, as necessary,
19for the distribution of funds for adult employment and training
20activities, for youth activities to local workforce investment areas,
21and dislocated worker employment and training activities, as
22permitted by federal law.

23(h) Coordinating the development and continuous improvement
24of comprehensive state performance measures, including state
25adjusted levels of performance, to assess the effectiveness of the
26workforce investment activities in the state.

27(i) Preparing the annual report to the United States Secretary of
28Labor.

29(j) Recommending policy for the development of the statewide
30employment statistics system, including workforce and economic
31data, as described in Section 49l-2 of Title 29 of the United States
32Code, and using, to the fullest extent possible, the Employment
33Development Department’s existing labor market information
34systems.

35(k) Recommending strategies to the Governor for strategic
36training investments of the Governor’s 15-percent discretionary
37funds.

38(l) Developing and recommending waivers, in conjunction with
39local workforce investment boards, to the Governor as provided
40for in the federal Workforce Innovation and Opportunity Act.

P49   1(m) Recommending policy to the Governor for the use of the
225-percent rapid response funds, as authorized under the federal
3Workforce Innovation and Opportunity Act.

4(n) Developing an application to the United States Department
5of Labor for an incentive grant under Section 9273 of Title 20 of
6the United States Code.

7(o) (1) Developing a workforce metrics dashboard, to be
8updated annually, that measures the state’s human capital
9investments in workforce development to better understand the
10collective impact of these investments on the labor market. The
11workforce metrics dashboard shall be produced using existing
12available data and resources that are currently collected and
13accessible to state agencies. The board shall convene workforce
14program partners to develop a standardized set of inputs and
15outputs for the workforce metrics dashboard. The workforce
16 metrics dashboard shall do all of the following:

17(A) Provide a status report on credential attainment, training
18completion, degree attainment, and participant earnings from
19workforce education and training programs. The board shall publish
20and distribute the final report.

21(B) Provide demographic breakdowns, including, to the extent
22possible, race, ethnicity, age, gender, veteran status, wage and
23credential or degree outcomes, and information on workforce
24outcomes in different industry sectors.

25(C) Measure, at a minimum and to the extent feasible with
26existing resources, the performance of the following workforce
27programs: community college career technical education, the
28Employment Training Panel, Title I and Title II of the federal
29 Workforce Innovation and Opportunity Act, Trade Adjustment
30Assistance, and state apprenticeship programs.

31(D) Measure participant earnings in California, and to the extent
32feasible, in other states. The Employment Development Department
33shall assist the board by calculating aggregated participant earnings
34using unemployment insurance wage records, without violating
35any applicable confidentiality requirements.

36(2) The State Department of Education is hereby authorized to
37collect the social security numbers of adults participating in adult
38education programs so that accurate participation in those programs
39can be represented in the report card. However, an individual shall
40not be denied program participation if he or she refuses to provide
P50   1a social security number. The State Department of Education shall
2keep this information confidential and shall only use this
3information for tracking purposes, in compliance with all applicable
4state and federal law.

5(3) (A) Participating workforce programs, as specified in clause
6subparagraph (C) of paragraph (1), shall provide participant data
7in a standardized format to the Employment Development
8Department.

9(B) The Employment Development Department shall aggregate
10data provided by participating workforce programs and shall report
11the data, organized by demographics, earnings, and industry of
12employment, to the board to assist the board in producing the
13annual workforce metrics dashboard.

14

SEC. 33.  

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

16

14020.  

(a) The California Workforce Investment Board, in
17collaboration with state and local partners, including the Chancellor
18of the California Community Colleges, the State Department of
19Education, other appropriate state agencies, and local workforce
20investment boards, shall develop a strategic workforce plan to
21serve as a framework for the development of public policy, fiscal
22investment, and operation of all state labor exchange, workforce
23education, and training programs to address the state’s economic,
24demographic, and workforce needs. The strategic workforce plan
25shall also serve as the framework for the single state plan required
26by the federal Workforce Innovation and Opportunity Act. The
27plan shall be updated at least every five years.

28(b) The state shall develop a California Industry Sector Initiative
29that will serve as the cornerstone of the state plan and provide a
30framework for state workforce investments and support for sector
31strategies.

32(c) The California Workforce Investment Board shall work
33collaboratively with state and local partners to identify ways to
34eliminate systemwide barriers and better align and leverage federal,
35state, and local Workforce Innovation and Opportunity Act funding
36streams and policies to develop, support, and sustain regional
37alliances of employers and workforce and education professionals
38who are working to improve the educational pipeline, establish
39well-articulated career pathways, provide industry-recognized
40credentials and certificates, and address the career advancement
P51   1needs of current and future workers in competitive and emergent
2industry sectors and clusters. The California Workforce Investment
3Board and its partners shall work collaboratively to maximize state
4and local investments and pursue other resources to address the
5skills-gap needs identified pursuant to paragraph (3) of subdivision
6(d).

7(d) In order to support the requirement of the plans in
8subdivision (a), the California Workforce Investment Board shall
9do the following:

10(1) Annually identify industry sectors and industry clusters that
11have a competitive economic advantage and demonstrated
12economic importance to the state and its regional economies. In
13developing this analysis, the California Workforce Investment
14Board shall consider the expertise of local workforce investment
15boards in the state’s respective regional economies and shall
16encourage the local workforce investment boards to identify
17industry sectors and industry clusters that have a competitive
18economic advantage and demonstrated economic importance in
19their respective local workforce investment areas.

20(2) Annually identify new dynamic emergent industry sectors
21and industry clusters with substantial potential to generate new
22jobs and income growth for the state and its regional economies.
23In developing this analysis, the California Workforce Investment
24Board shall consider the expertise of local workforce investment
25boards in the state’s respective regional economies and shall
26encourage the local workforce investment boards to identify new
27dynamic emergent industry sectors and industry clusters with
28substantial potential to generate new jobs and income growth in
29their respective local workforce investment areas.

30(3) Provide an annual skills-gap analysis enumerating
31occupational and skills shortages in the industry sectors and
32industry clusters identified as having strategic importance to the
33state’s economy and its regional economies. In developing this
34analysis, the California Workforce Investment Board shall consider
35the expertise of local workforce investment boards in the state’s
36respective regional economies and shall encourage the local
37workforce investment boards to conduct skills-gap analysis for
38their respective local workforce investment areas. Skills-gap
39analysis for the state and its regional economies shall use labor
40market data to specify a list of high-priority, in-demand occupations
P52   1for the state and its regional economies. This list shall be used to
2inform investment decisions and eligible training provider policies.

3(4) Establish, with input from local workforce investment boards
4and other stakeholders, initial and subsequent eligibility criteria
5for the federal Workforce Innovation and Opportunity Act eligible
6training provider list that effectively directs training resources into
7training programs leading to employment in high-demand,
8high-priority, and occupations that provide economic security,
9particularly those facing a shortage of skilled workers. The
10subsequent eligibility criteria, to the extent feasible, shall use
11performance and outcome measures to determine whether a
12provider is qualified to remain on the list. At a minimum, initial
13and subsequent eligibility criteria shall consider the following:

14(A) The relevance of the training program to the workforce
15needs of the state’s strategic industry sectors and industry clusters.

16(B) The need to plug skills gaps and skills shortages in the
17economy, including skills gaps and skills shortages at the state and
18regional level.

19(C) The need to plug skills gaps and skills shortages in local
20workforce investment areas.

21(D) The likelihood that the training program will lead to job
22placement in a job providing economic security or job placement
23in an entry-level job that has a well-articulated career pathway or
24career ladder to a job providing economic security.

25(E) The need for basic skills and bridge training programs that
26provide access to occupational skills training for individuals with
27barriers to employment and those who would otherwise be unable
28to enter occupational skills training.

29(F) To the extent feasible, utilize criteria that measure training
30and education provider performance, including, but not limited to,
31the following:

32(i) Measures of skills or competency attainment.

33(ii) Measures relevant to program completion, including
34measures of course, certificate, degree, licensure, and program of
35study rate of completion.

36(iii) For those entering the labor market, measures of
37employment placement and retention.

38(iv) For those continuing in training or education, measures of
39educational or training progression.

P53   1(v) For those who have entered the labor market, measures of
2income, including wage measures.

3(G) The division of labor for making initial and subsequent
4eligibility determinations under this division shall be modeled on
5the division of labor envisioned in the federal Workforce
6Innovation and Opportunity Act in that the state board shall
7establish, with input from local workforce investment boards and
8other stakeholders, the initial and subsequent eligibility procedures
9and criteria utilized by local workforce investment boards to assess
10training provider performance. The local boards shall have the
11 authority to place and retain training providers on the list, and shall
12provide relevant performance data pertaining to the training
13provider criteria established pursuant to this division to a state
14agency designated by the Governor. The relevant state agency
15shall also have the authority to remove training providers for
16nonperformance, provided they do not meet the performance
17criteria established pursuant to this division.

18(H) If the state receives a waiver from the federal subsequent
19eligibility provisions specified in the federal Workforce Innovation
20and Opportunity Act, the state workforce investment board shall
21establish its own subsequent eligibility criteria that take into
22account all of the criteria specified in subparagraphs (A) to (G),
23inclusive.

24

SEC. 34.  

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

26

14200.  

(a) The local chief elected officials in a local workforce
27development area shall form, pursuant to guidelines established
28by the Governor and the board, a local workforce investment board
29to plan and oversee the workforce investment system.

30(b) The Governor shall certify one local board for each local
31area in the state once every two years, following the requirements
32of the federal Workforce Innovation and Opportunity Act.

33(c) The Governor shall establish, through the California
34 Workforce Investment Board, standards for certification of
35high-performance local workforce investment boards. The
36California Workforce Investment Board shall, in consultation with
37representatives from local workforce investment boards, initiate
38a stakeholder process to determine the appropriate measurable
39metrics and standards for high-performance certification. These
40standards shall be implemented on or before January 1, 2013, and
P54   1the first certification of high-performance boards shall occur on
2or before July 1, 2013. Certification and recertification of each
3high-performance local workforce investment board shall occur
4thereafter at least once every two years. In order to meet the
5standards for certification, a high-performance local workforce
6investment board shall do all of the following:

7(1) Consistently meet or exceed negotiated performance goals
8for all of the measures in each of the three federal Workforce
9Innovation and Opportunity Act customer groups, which consist
10of adults, dislocated workers, and youth.

11(2) Consistently meet the statutory requirements of this division.

12(3) Develop and implement local policies and a local strategic
13plan that meets all of the following requirements:

14(A) Is separate and apart from the local plan required under the
15federal Workforce Innovation and Opportunity Act.

16(B) Is consistent with the California Workforce Investment
17Board strategic plan.

18(C) Describes the actions that the board shall take to implement
19local policies in furtherance of its goals.

20(D) Serves as a written account of intended future courses of
21action aimed at achieving the specific goals of the local and state
22board within a specific timeframe.

23(E) Explains what needs to be done, by whom, and when each
24action is required to occur in order to meet those goals.

25(4) Demonstrate that the local planning process involves key
26stakeholders, including the major employers and industry groups
27in the relevant regional economy and organized labor.

28(5) Demonstrate that the local planning process takes into
29account the entire workforce training pipeline for the relevant
30regional economy, including partners in K-12 education, career
31technical education, the community college system, other
32postsecondary institutions, and other local workforce investment
33areas operating in relevant regional economy.

34(6) Demonstrate that the local planning process and plan are
35data driven, and that policy decisions at the local level are evidence
36based. Each high-performance local workforce investment board
37shall use labor market data to develop and implement the local
38plan, taking care to steer resources into programs and services that
39are relevant to the needs of each workforce investment area’s
40relevant regional labor market and high-wage industry sectors.
P55   1Local workforce investment areas shall demonstrate an
2evidence-based approach to policymaking by establishing
3performance benchmarks and targets to measure progress toward
4local goals and objectives.

5(7) Demonstrate investment in workforce initiatives, and,
6specifically, training programs that promote skills development
7and career ladders relevant to the needs of each workforce
8investment area’s regional labor market and high-wage industry
9sectors.

10(8) Establish a youth strategy aligned with the needs of each
11workforce investment area’s regional labor market and high-wage
12industry sectors.

13(9) Establish a business service plan that integrates local
14business involvement with workforce initiatives. This plan at a
15minimum shall include all of the following:

16(A) Efforts to partner with businesses to identify the workforce
17training and educational barriers to attract jobs in the relevant
18regional economy, existing skill gaps reducing the competitiveness
19of local businesses in the relevant regional economies, and potential
20emerging industries that would likely contribute to job growth in
21the relevant regional economy if investments were made for
22training and educational programs.

23(B) An electronic system for both businesses and job seekers
24to communicate about job opportunities.

25(C) A subcommittee of the local workforce investment board
26that further develops and makes recommendations for the business
27service plan for each local workforce investment board in an effort
28to increase employer involvement in the activities of the local
29workforce investment board. The subcommittee members should
30be comprised of business representatives on the local workforce
31investment board who represent both the leading industries and
32employers in the relevant regional economy and potential emerging
33sectors that have significant potential to contribute to job growth
34in the relevant regional economy if investments were made for
35 training and educational programs.

36(d) Beginning in the 2013-14 fiscal year, the Governor and the
37Legislature, as part of the annual budget process, in consultation
38with the California Workforce Investment Board, shall annually
39reserve a portion of the 15-percent discretionary fund made
40available pursuant to the federal Workforce Innovation and
P56   1Opportunity Act for the purpose of providing performance
2incentives to high-performance local workforce investment boards.
3The remaining discretionary funds shall continue to be available
4for other discretionary purposes as provided for in the federal
5 Workforce Innovation and Opportunity Act.

6(e) Only a workforce investment board that is certified as a
7high-performance local workforce investment board by the
8California Workforce Investment Board shall be eligible to receive
9any incentive money reserved for high-performance local
10workforce investment boards, as described in subdivision (d). A
11board that is not certified as a high-performance local workforce
12investment board shall not receive any portion of the money
13reserved for high-performance local workforce investment boards,
14as described in subdivision (d) or any portion of the state’s
1515-percent discretionary fund.

16(f) The California Workforce Investment Board shall establish
17a policy for the allocation of incentive moneys to high-performance
18local workforce investment boards.

19(g) The California Workforce Investment Board may consider
20the utilization of incentive grants pursuant to the federal Workforce
21Innovation and Opportunity Act, for the purposes of this section.

22(h) There shall not be a requirement to set aside federal
23Workforce Innovation and Opportunity Act funds for the purposes
24of subdivisions (d), (e), (f), or (g) in years when the federal
25government significantly reduces the share of federal Workforce
26Innovation and Opportunity Act funds appropriated to the state
27for statewide discretionary purposes below the federal statutory
28amount of 15 percent.

29

SEC. 35.  

Section 14206 of the Unemployment Insurance Code
30 is amended to read:

31

14206.  

It shall be the duty of the local board to do all of the
32following:

33(a) Coordinate workforce investment activities in the local area
34with economic development strategies.

35(b) Promote participation of private sector employers in the
36local workforce investment system.

37(c) Develop and submit a local workforce investment plan to
38the Governor.

P57   1(d) Select one-stop operators, with the agreement of the local
2chief elected official, annually review their operations, and
3terminate for cause the eligibility of such operators.

4(e) Award grants or contracts to eligible providers of youth
5activities in the local area on a competitive basis, consistent with
6the federal Workforce Innovation and Opportunity Act, based upon
7the recommendations of the youth council.

8(f) Identify, consistent with the federal Workforce Innovation
9and Opportunity Act, eligible providers of training services.

10(g) Identify eligible providers of intensive services and, when
11the one-stop operator does not provide intensive services to the
12local area, award contracts to those providers.

13(h) Develop local policy on the amount and duration of
14individual training accounts based upon the market rate for local
15training programs.

16(i) Conduct program oversight over workforce investment
17activities in the local area.

18(j) Negotiate with the local chief elected official in the local
19area and the Governor on local performance measures for the local
20area.

21(k) Assist in the development of a statewide employment
22statistics system, which shall be developed in conjunction with
23and shall utilize to the fullest extent possible, the Employment
24Development Department’s labor market information system.

25

SEC. 36.  

Section 14208 of the Unemployment Insurance Code
26 is amended to read:

27

14208.  

A youth council shall be established as a subgroup
28within each local board, appointed by the local board in cooperation
29with the local chief elected official. Youth council membership
30shall conform with the requirements of the federal Workforce
31Innovation and Opportunity Act.

32

SEC. 37.  

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

34

14211.  

(a) (1) Beginning program year 2012, an amount equal
35to at least 25 percent of funds available under Title I of the federal
36Workforce Innovation and Opportunity Act provided to local
37workforce investment boards for adults and dislocated workers
38shall be spent on workforce training programs. This minimum may
39be met either by spending 25 percent of those base formula funds
P58   1on training or by combining a portion of those base formula funds
2with leveraged funds as specified in subdivision (b).

3(2) Beginning program year 2016, an amount equal to at least
430 percent of funds available under Title I of the federal Workforce
5Innovation and Opportunity Act provided to local workforce
6investment boards for adults and dislocated workers shall be spent
7on workforce training programs. This minimum may be met either
8by spending 30 percent of those base formula funds on training or
9by combining a portion of those base formula funds with leveraged
10funds as specified in subdivision (b).

11(3) Expenditures that shall count toward the minimum
12percentage of funds shall include only training services as defined
13in Section 134(c)(3) of the federal Workforce Innovation and
14Opportunity Act and Sections 663.300 and 663.508 of Title 20 of
15the Code of Federal Regulations, including all of the following:

16(A) Occupational skills training, including training for
17nontraditional employment.

18(B) On-the-job training.

19(C) Programs that combine workplace training with related
20instruction, which may include cooperative education programs.

21(D) Training programs operated by the private sector.

22(E) Skill upgrading and retraining.

23(F) Entrepreneurial training.

24(G) Job readiness training.

25(H) Adult education and literacy activities provided in
26combination with services described in any of subparagraphs (A)
27to (G), inclusive.

28(I) Customized training conducted with a commitment by an
29employer or group of employers to employ an individual upon
30successful completion of the training.

31(b) (1) Local workforce investment boards may receive a credit
32of up to 10 percent of their adult and dislocated worker formula
33fund base allocations for public education and training funds and
34private resources from industry and from joint labor-management
35trusts that are leveraged by a local workforce investment board
36for training services described in paragraph (3) of subdivision (a).
37This credit may be applied toward the minimum training
38requirements in paragraphs (1) and (2) of subdivision (a).

39(A) Leveraged funds that may be applied toward the credit
40allowed by this subdivision shall only include the following:

P59   1(i) Federal Pell Grants established under Title IV of the federal
2Higher Education Act of 1965 (20 U.S.C. Sec. 1070 et seq.).

3(ii) Programs authorized by the federal Workforce Innovation
4and Opportunity Act.

5(iii) Trade adjustment assistance.

6(iv) Department of Labor National Emergency Grants.

7(v) Match funds from employers, industry, and industry
8associations.

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

10(vii) Employment training panel grants.

11(B) Credit for leveraged funds shall only be given if the local
12workforce investment board keeps records of all training
13expenditures it chooses to apply to the credit. Training expenditures
14may only be applied to the credit if the relevant training costs can
15be independently verified by the Employment Development
16Department and training participants must be coenrolled in the
17federal Workforce Innovation and Opportunity Act performance
18monitoring system.

19(2) The use of leveraged funds to partially meet the training
20requirements specified in paragraphs (1) and (2) of subdivision
21(a) is the prerogative of a local workforce investment board. Costs
22arising from the recordkeeping required to demonstrate compliance
23with the leveraging requirements of this subdivision are the
24responsibility of the board.

25(c) Beginning program year 2012, the Employment Development
26Department shall calculate for each local workforce investment
27board, within six months after the end of the second program year
28of the two-year period of availability for expenditure of federal
29 Workforce Innovation and Opportunity Act funds, whether the
30local workforce investment board met the requirements of
31subdivision (a). The Employment Development Department shall
32provide to each local workforce investment board its individual
33calculations with respect to the expenditure requirements of
34subdivision (a).

35(d) A local workforce investment area that does not meet the
36requirements of subdivision (a) shall submit a corrective action
37plan to the Employment Development Department that provides
38reasons for not meeting the requirements and describes actions
39taken to address the identified expenditure deficiencies. A local
40workforce investment area shall provide a corrective action plan
P60   1to the Employment Development Department pursuant to this
2section within 90 days of receiving the calculations described in
3subdivision (c).

4(e) For the purpose of this section, “program year” has the same
5meaning as provided in Section 667.100 of Title 20 of the Code
6of Federal Regulations.

7

SEC. 38.  

Section 14221 of the Unemployment Insurance Code
8 is amended to read:

9

14221.  

The local plan shall include all of the following:

10(a) A local labor market assessment which contains an
11identification of local and regional workforce investment needs
12of key industry sectors, businesses, jobseekers, and incumbent
13workers in the local area, the current and projected employment
14opportunities and the job skills necessary to obtain that
15employment.

16(b) A description of the local one-stop delivery system, including
17all of the following:

18(1) A description of how the local board will achieve system
19integration that will improve services to employers, incumbent
20workers, and jobseekers, and a description of local funding sources.

21(2) A copy of each memorandum of understanding between the
22local board and each of the one-stop partners concerning the
23operation of the one-stop delivery system in the local area.

24(c) A description of the local levels of performance negotiated
25with the Governor and chief local elected official to be used to
26measure the performance of the local area and the performance of
27the local fiscal agent, eligible providers, and the one-stop delivery
28system in the local area. Performance standards shall not create
29disincentives for serving clients for whom it is more difficult to
30provide service.

31(d) A description and assessment of the type and availability of
32adult and dislocated worker employment and training activities in
33the local area.

34(e) A description of how the local board will provide services
35to the business community, including, but not limited to,
36recruitment and staffing services, training, and development,
37information and resources, and outplacement and business retention
38services.

P61   1(f) A description of how the local board will coordinate
2workforce investment activities carried out in the local area with
3statewide rapid response activities, as appropriate.

4(g) A description and assessment of the type and availability of
5youth activities in the local area, including an identification of
6successful providers of those activities.

7(h) A description of the process used by the local board,
8consistent with Section 14223, to provide an opportunity for public
9comment, including comment by representatives of businesses,
10labor organizations, and community-based organizations, and input
11into the development of the local plan, prior to submission of the
12plan.

13(i) An identification of the entity, as prescribed in the federal
14Workforce Innovation and Opportunity Act, responsible for the
15disbursal of funds under the federal Workforce Innovation and
16Opportunity Act.

17(j) A description of the competitive process to be used to award
18the grants and contracts in the local area for activities carried out
19under the federal Workforce Innovation and Opportunity Act.

20

SEC. 39.  

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

22

14230.  

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

23(1) California deliver comprehensive workforce services to
24jobseekers, students, and employers through a system of one-stop
25career centers.

26(2) Services and resources target high-wage industry sectors
27with career advancement opportunities.

28(3) Universal access to core services shall be available to adult
29residents regardless of income, education, employment barriers,
30or other eligibility requirements. Core services shall include, but
31not be limited to:

32(A) Outreach, intake, and orientation to services available
33through the one-stop delivery system.

34(B) Initial assessment of skill levels, aptitudes, abilities, and
35supportive service needs.

36(C) Job search and placement assistance.

37(D) Career counseling, where appropriate.

38(E) Provision of labor market information.

P62   1(F) Provision of program performance and cost information on
2eligible providers of training services and local area performance
3measures.

4(G) Provision of information on supportive services in the local
5area.

6(H) Provision of information on the filing of claims for
7unemployment compensation benefits and unemployment
8 compensation disability benefits.

9(I) Assistance in establishing eligibility for welfare-to-work
10activities pursuant to Section 11325.8 of the Welfare and
11Institutions Code, and financial aid assistance.

12(4) State and federally funded workforce education, training,
13and employment programs shall be integrated in the one-stop
14delivery system to achieve universal access to the core services
15described in paragraph (3).

16(5) Intensive services shall be available to individuals who have
17completed at least one core service, have been unable to obtain
18employment, and who have been determined, by the one-stop
19operator, as being in need of more intensive services, or who are
20employed but in need of intensive services to obtain or retain
21employment to achieve self-sufficiency. Intensive services may
22include comprehensive and specialized assessments of skill levels
23and service needs, including learning disability screening, the
24development of individual employment plans, counseling, career
25planning, and short-term prevocational services to prepare an
26individual for training and employment.

27(6) Training services shall be made available to individuals who
28have met the requirements for intensive services, have been unable
29to obtain or retain employment through these services, and who,
30after an interview, evaluation, or assessment, are determined to be
31in need of training, and have selected a program of services directly
32linked to occupations in demand in the local or regional area.
33Training services may include:

34(A) Occupational skill training including training for
35nontraditional employment.

36(B) On-the-job training.

37(C) Programs that combine workplace training with related
38instruction.

39(D) Training programs operated by the private sector.

40(E) Skill upgrading and retraining.

P63   1(F) Entrepreneurial training.

2(G) Job readiness training.

3(H) Adult education and literacy activities, including vocational
4English as a second language, provided in combination with
5subparagraphs (A) through (G), inclusive.

6(I) Customized training conducted by an employer or a group
7of employers or a labor-management training partnership with a
8commitment to employ an individual upon completion of the
9 training.

10(7) As prescribed in the federal Workforce Innovation and
11Opportunity Act, when funds are limited, priority for intensive
12services and training services shall be given to adult recipients of
13public assistance and other low-income adults, such as CalWORKs
14participants.

15(b) Each local workforce investment board shall establish at
16least one full service one-stop career center in the local workforce
17investment area. Each full service one-stop career center shall have
18all entities specified in Section 14231 as partners and shall provide
19jobseekers with integrated employment, education, training, and
20job search services. Additionally, employers will be provided with
21access to comprehensive career and labor market information, job
22placement, economic development information, performance and
23program information on service providers, and other such services
24as the businesses in the community may require.

25(c) Local boards may also establish affiliated and specialized
26centers, as defined in the federal Workforce Innovation and
27Opportunity Act, which shall act as portals into the larger local
28one-stop system, but are not required to have all of the partners
29specified for full service one-stop centers.

30(d) Each local board shall develop a policy for identifying
31individuals who, because of their skills or experience, should be
32referred immediately to training services. This policy, along with
33the methods for referral of individuals between the one-stop
34operators and the one-stop partners for appropriate services and
35activities, shall be contained in the memorandum of understanding
36between the local board and the one-stop partners.

37(e) The California Workforce Investment Board and each local
38board shall ensure that programs and services funded by the federal
39Workforce Innovation and Opportunity Act and directed to
40apprenticeable occupations, including preapprenticeship training,
P64   1are conducted, to the maximum extent feasible, in coordination
2with one or more apprenticeship programs approved by the
3Division of Apprenticeship Standards for the occupation and
4geographic area. The California Workforce Investment Board and
5each local board shall also develop a policy of fostering
6collaboration between community colleges and approved
7apprenticeship programs in the geographic area to provide
8preapprenticeship training, apprenticeship training, and continuing
9education in apprenticeable occupations through the approved
10apprenticeship programs.

11(f) In light of California’s diverse population, each one-stop
12career center should have the capacity to provide the appropriate
13services to the full range of languages and cultures represented in
14the community served by the one-stop career center.

15

SEC. 40.  

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

17

14231.  

(a) The local providers of the following programs or
18activities shall be required partners in the local one-stop system:

19(1) Programs authorized under Title I of the federal Workforce
20Innovation and Opportunity Act.

21(2) Programs authorized under the Wagner-Peyser Act (29
22U.S.C. Sec. 49 et seq.).

23(3) Adult education and literacy activities authorized under Title
24II of the federal Workforce Innovation and Opportunity Act.

25(4) Programs authorized under Title I of the Rehabilitation Act
26of 1973 (29 U.S.C. Sec. 720 et seq.).

27(5) Programs authorized under Section 403(a)(5) of the Social
28Security Act (42 U.S.C. Sec. 603(a)(5) as added by Section 5001
29of the Balanced Budget Act of 1997).

30(6) Activities authorized under Title V of the Older Americans
31Act of 1965 (42 U.S.C. Sec. 3056 et seq.).

32(7) Postsecondary vocational education activities authorized
33under the Carl D. Perkins Vocational and Applied Technology
34Education Act (20 U.S.C. Sec. 2301 et seq.), including community
35colleges and regional occupational centers and programs.

36(8) Activities authorized under Chapter 2 of Title II of the Trade
37Act of 1974 (19 U.S.C. Sec. 2271 et seq.).

38(9) Activities authorized under Chapter 41 (commencing with
39Section 4100) of Title 38 of the United States Code.

P65   1(10) Employment and training activities carried out under the
2Community Services Block Grant Act (42 U.S.C. Sec. 9901 et
3seq.).

4(11) Employment and training activities carried out by the
5Department of Housing and Urban Development.

6(12) Programs authorized by this code, in accordance with
7applicable federal law.

8(b) Community-based organizations that provide intensive
9services as described in paragraph (4) of subdivision (a) of Section
1014230, shall be encouraged to be one-stop partners.

11

SEC. 41.  

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

13

14500.  

Notwithstanding any other provision of law, when a
14person using his or her federal Workforce Innovation and
15Opportunity Act individual training account enrolls in an adult
16education program, a noncredit curricula program at a community
17college, or a regional occupational center or program, for which
18state funds are allocated, all of the following shall apply:

19(a) The entities administering the program may use federal
20Workforce Innovation and Opportunity Act individual training
21account funds only to increase the number of hours of services
22provided above their adult block entitlement pursuant to Section
2352616 of the Education Code and funding limit for regional
24occupational center programs for the purpose of enhancing services
25already supported with state funds. Any state funds provided to
26these entities above their adult block entitlements and funding
27limit for regional occupational center programs shall be subject to
28an appropriation in the annual Budget Act.

29(b) Any state funds allocated to the entity administering the
30program shall not be offset with the federal Workforce Innovation
31and Opportunity Act individual training account funds.

32(c) The entity administering the program shall use the Workforce
33Innovation and Opportunity Act individual training account funds
34received for the program.

end delete
35

begin deleteSEC. 42.end delete
36begin insertSEC. 27.end insert  

Section 18002 of the Unemployment Insurance Code
37 is amended to read:

38

18002.  

Each local workforce investment board shall establish
39at least one comprehensive one-stop career center in each local
40workforce investment area. These one-stop centers shall ensure
P66   1access to services pursuant to Section 134(d) of the federal
2Workforce Innovation and Opportunity Act, including services
3for persons with disabilities, including, but not limited to, all of
4the following:

5(a) Outreach, intake, and orientation.

6(b) Initial assessments of skills, aptitudes, abilities, and need
7for support services.

8(c) Program eligibility determinations.

9(d) Information on the local, regional, and national labor market.

10(e) Information on filing for unemployment insurance.

11(f) Access to intensive services as needed, including, but not
12limited to, comprehensive and specialized assessments of skill
13levels and service needs, development of individual employment
14plans, group counseling, individual counseling and career planning,
15case management for participants seeking training services under
16subdivision (g), and short-term prevocational services, such as
17learning, communication, interview, and other jobseeking and
18begin delete work relatedend deletebegin insert work-relatedend insert skills to help prepare individuals for
19unsubsidized employment and training.

20(g) Training services, including, but not limited to, occupational
21skills training, on-the-job training, workplace training and
22cooperative education programs, private sector training programs,
23skills upgrade and retraining, entrepreneurial training, job readiness
24training, adult education, and literacy activities combined with
25training, and customized training.

26

begin deleteSEC. 43.end delete
27begin insertSEC. 28.end insert  

Section 18008 of the Unemployment Insurance Code
28 is amended to read:

29

18008.  

In order to ensure that one-stop career centers operated
30by local workforce investment boards meet the needs of workers
31and employers with disabilities, the Governor shall ensure that
32evaluations conducted pursuant to Sections 134 (a)(2)(B)(vi) of
33the federal Workforce Innovation and Opportunity Act, address
34how local one-stop centers provide all of the following:

35(a) Full access to workforce development services for their
36disabled community.

37(b) Assistive technology to ensure access to services.

38(c) Staff training on assessment and service strategies for
39jobseekers and employers with disabilities.

P67   1(d) Representation of the disability community in program
2planning and service delivery.

3(e) The development of regional employment networks to
4participate in the federal Ticket to Work program and the role of
5the local board and one-stop centers in the Ticket to Work program.

6

begin deleteSEC. 44.end delete
7begin insertSEC. 29.end insert  

Section 16522.1 of the Welfare and Institutions Code
8 is amended to read:

9

16522.1.  

(a) In order to be licensed as a transitional housing
10placement provider pursuant to Section 1559.110 of the Health
11and Safety Code and be eligible for payment of AFDC-FC benefits
12pursuant to Sections 11403.2 and 11403.3, an applicant shall obtain
13certification from the applicable county specifying whether the
14facility will serve foster youth at least 16 years of age and not more
15than 18 years of age, nonminor dependents, as defined in
16subdivision (v) of Section 11400, or both, as follows:

17(1) A program serving foster children at least 16 years of age
18and not more than 18 years of age shall obtain a certification
19entitled “Transitional Housing Placement Program.”

20(2) A program serving nonminor dependents at least 18 years
21of age and not more than 21 years of age shall obtain a certification
22entitled a “Transitional Housing Placement-Plus Foster Care
23program.”

24(b) The certification for the Transitional Housing Placement
25Program shall confirm that the program provides for all of the
26following:

27(1) Admission criteria for participants in the program, including,
28but not limited to, consideration of the applicant’s age, previous
29placement history, delinquency history, history of drug or alcohol
30abuse, current strengths, level of education, mental health history,
31medical history, prospects for successful participation in the
32program, and work experience. Youth who are wards of the court
33described in Section 602 and youth receiving psychotropic
34medications shall be eligible for consideration to participate in the
35program, and shall not be automatically excluded due to these
36 factors.

37(2) The department shall review the admission criteria to ensure
38that the criteria are sufficient to protect participants and that they
39do not discriminate on the basis of any characteristic listed or
40defined in Section 11135 of the Government Code.

P68   1(3) Strict employment criteria that include a consideration of
2the employee’s age, drug or alcohol history, and experience in
3working with persons in this age group.

4(4) A training program designed to educate employees who
5work directly with participants about the characteristics of persons
6in this age group placed in long-term care settings, and designed
7to ensure that these employees are able to adequately supervise
8and counsel participants and to provide them with training in
9independent living skills.

10(5) A detailed plan for monitoring the placement of persons
11under the licensee’s care.

12(6) A contract between the participating person and the licensee
13that specifically sets out the requirements for each party, and in
14which the licensee and the participant agree to the requirements
15of this article.

16(7) An allowance to be provided to each participant in the
17program. In the case of a participant living independently, this
18allowance shall be sufficient for the participant to purchase food
19and other necessities.

20(8) A system for payment for utilities, telephone, and rent.

21(9) Policies regarding all of the following:

22(A) Education requirements.

23(B) Work expectations.

24(C) Savings requirements.

25(D) Personal safety.

26(E) Visitors, including, but not limited to, visitation by the
27placement auditor pursuant to paragraph (5).

28(F) Emergencies.

29(G) Medical problems.

30(H) Disciplinary measures.

31(I) Child care.

32(J) Pregnancy.

33(K) Curfew.

34(L) Apartment cleanliness.

35(M) Use of utilities and telephone.

36(N) Budgeting.

37(O) Care of furnishings.

38(P) Decorating of apartments.

39(Q) Cars.

40(R) Lending or borrowing money.

P69   1(S) Unauthorized purchases.

2(T) Dating.

3(U) Grounds for termination that may include, but shall not be
4limited to, illegal activities or harboring runaways.

5(10) Apartment furnishings, and a policy on disposition of the
6furnishings when the participant completes the program.

7(11) Evaluation of the participant’s progress in the program and
8reporting to the independent living program and to the department
9regarding that progress.

10(12) A linkage to the federal Workforce Innovation and
11Opportunity Act program administered in the local area to provide
12employment training to eligible participants.

13(13) Effective January 1, 2013, a program staffing ratio of case
14manager to client not to exceed 1 to 12.

15(c) The certification for the Transitional Housing Placement-Plus
16Foster Care program for nonminor dependents, as described in
17paragraph (2) of subdivision (a), from the applicable county shall
18include all of the following:

19(1) That the program is needed by the county.

20(2) That the provider is capable of effectively and efficiently
21operating the program.

22(3) That the provider is willing and able to accept the
23AFDC-FC-eligible nonminor dependents for placement by the
24placing agency who need the level of care and services that will
25be provided by the program.

26(4) That the plan of operation is suitable to meet the needs of
27the identified population.

28(5) That the program staffing ratio of case manager to client
29does not exceed 1 to 12.

30(6) As used in subdivision (c),“applicable county,” for purposes
31of the certification of a program that serves nonminor dependents,
32means the county where the administrative office or
33subadministrative office of a transitional housing placement
34provider is located, or a primary placing county.

35

begin deleteSEC. 45.end delete
36begin insertSEC. 30.end insert  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38this act implements a federal law or regulation and results only in
P70   1costs mandated by the federal government, within the meaning of
2Section 17556 of the Government Code.



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