Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2642

Introduced by Assembly Members Eduardo Garcia, Eggman, Cristina Garcia, Gomez, and Maienschein

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(Coauthors: Assembly Members Chang and Steinorth)

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(Coauthor: Senator Wieckowski)

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February 19, 2016

An act to add Chapter 6 (commencing with Section 14600) to Division 7 of the Unemployment Insurance Code, relating to workforce begin delete development, and making an appropriation therefor. end delete begin insert development. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2642, as amended, Eduardo Garcia. Removing Barriers to Employment begin delete Act. end delete begin insert Act: Breaking Barriers to Employment Initiative. end insert

begin insert Existing law establishes the Labor and Workforce Development Agency and provides that the agency consists of, among other entities, the California Workforce Investment Board, the Employment Development Department, and the Employment Training Panel. end insert The California Workforce Innovation and Opportunity Act establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. begin insert That act requires the establishment of a local workforce development board in each local workforce development area of the state to, among other things, carry out analyses of the economic conditions in the local region. end insert

This bill would enact the Removing Barriers to Employment Act, which would begin delete require the California Workforce Investment Board to work with the Employment Development Department end delete begin insert establish the Breaking Barriers to Employment Initiative within the Labor and Workforce Development Agency. The bill would require the initiative to be led by the Secretary of end insert begin insert Labor and Workforce Development and authorizes the secretary to assign all or part of the administration of the initiative to one or more entities within the agency’s oversight. The bill would specify that the purpose of the initiative is end insert to create a grant program to provide funds to begin delete local end delete workforce investment boards and community-based organizations working in partnership on proposals that begin delete will address the needs of persons end delete begin insert end insert begin insert assist individuals end insert who have multiple barriers to begin delete employment, end delete begin insert employment end insert to begin delete prepare them for end delete begin insert receive the remedial education and work readiness skills that will help those individuals to successfully participate in end insert training, begin delete apprenticeship end delete begin insert apprenticeship, end insert or employment opportunities that will lead to self-sufficiency and economic stability. begin delete The bill would additionally appropriate an unspecified amount from an unspecified fund to the California Workforce Investment Board for administration of the grant program. end delete begin insert The bill would require the secretary to develop criteria for the selection of grant recipients, as specified, and would require the secretary, by January 1, 2018, to post a report on the agency’s Internet Web site that aggregates information provided by grant recipients. The bill would authorize the secretary, when implementing the initiative, to fund a project that uses a model that was previously funded as a pilot project under certain programs if specified criteria are met. The bill would make the funding of the initiative subject to an appropriation by the Legislature for that purpose and would make implementation of the initiative contingent on the secretary notifying the Department of Finance that sufficient moneys have been appropriated. end insert

Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Chapter 6 (commencing with Section 14600) is
added to Division 7 of the Unemployment Insurance Code, to read:

 

Chapter  6. Removing Barriers to Employment Act

 

14600.  

The Legislature finds and declares all of the following:

(a) The economy in California continues to improve as shown
by lower unemployment rates and job growth, but poverty is still
an issue in many of our cities and among many of our citizens.
The California Poverty Measure reported in 2015 that 78 percent
of Californians in poverty live in families with at least one adult
working, with 69 percent of those working full time. Low-income
families continue to struggle to pay for the basic cost of supporting
their families. With low wages and lack of job skills, this target
population falls further behind and cannot escape poverty.

(b) Lack of formal education, low English begin delete literacy end delete begin insert literacy, end insert and
lower-level job skills prevent upward mobility in pay and job
stability. There is a need for improved access and funding to
provide “career pathways” services, particularly for the poor.

(c) Increased funding for begin delete supportive services such as child care,
transportation, end delete English language improvement training, adult
education, high school diploma and GED acquisition, skills
training, work experience, on-the-job training, earn-as-you-learn,
industry certifications, mentoring, case begin delete management end delete begin insert management, end insert
and more is needed to bridge the gap to gainful employment for
the more difficult to reach in our population.

(d) Local community-based organizations, government begin delete agencies end delete
begin insert agencies, end insert and workforce investment boards throughout California
struggle to provide adequate services to the increasing number of
poor residents who need career pathways services. In particular,
funding is needed for case management, career guidance, and
begin delete support end delete begin insert other end insert services that enhance training/job retention and the
ability to meet family basic expense needs while pursuing a career
opportunity.

(e) Special emphasis is needed to make sure that programs reach
those among us with the most difficult needs with the goal of
preparing those persons for training, educational, apprenticeship
or employment opportunities.

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begin insert 14600.5. end insert   

As used in this chapter, “Breaking Barriers to
Employment Initiative” or “initiative” means the Breaking
Barriers to Employment Initiative established in this chapter.

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14601.  

(a)  begin delete The California Workforce Investment Board shall
work with the Employment Development Department to create a
grant program to end delete begin insert This chapter establishes the Breaking Barriers
to Employment Initiative within the agency. The initiative shall be
led by the Secretary of Labor and Workforce Development, that
may assign all or part of the administration of the initiative to one
or more entities within the agency’s oversight. end insert

begin insert (b) end insert begin insert   end insert begin insert The purpose of the initiative is to end insert provide funds to begin delete local end delete
workforce investment boards and community-based organizations
begin delete working in partnership on end delete begin insert that submit joint end insert proposals that begin delete will
address the needs of persons end delete begin insert assist individuals end insert who have multiple
barriers to employment begin delete to prepare them for training, apprenticeship end delete begin insert end insert
begin insert to receive the remedial education and work readiness skills that
will help them to successfully participate in training,
apprenticeship, end insert or employment opportunities that will lead to
self-sufficiency and economic stability.

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(c) In developing the initiative, the Secretary of Labor and
Workforce Development or his or her delegate shall consult with
public and private stakeholders, including nonprofit
community-based organizations, workforce development boards,
local governments, and other entities that serve individuals who
face barriers to employment.

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(d) Funding for the initiative shall be subject to appropriation
by the Legislature for that purpose. Implementation of the initiative
is contingent upon the Secretary of Labor and Workforce
Development notifying the Department of Finance that sufficient
moneys have been appropriated and deposited in the Consolidated
Work Program Fund.

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(e) The outcomes of the initiative shall be reported pursuant to
Section 14601.2.

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begin insert 14601.2. end insert   

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The Secretary of Labor and Workforce Development
shall develop criteria for the selection of grant recipients that meet
all of the following:

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(a) Outreach and technical assistance shall be provided to
prospective applicants, especially in rural and small population
areas.

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(b) Grants shall be awarded on a competitive basis. The
program shall include provisions to ensure a range of targeted
populations and geographic locations receive training
opportunities.

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(c) Each application shall include at least one workforce
investment board and one community-based organization. An
application that serves clients across one or more workforce
investment areas shall include a letter of acknowledgment from
each workforce board within the proposed service area, but need
not include a specific role for all of the workforce investment
boards in that area. However, all applications shall have at least
one workforce board and one community-based organization
working in partnership.

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(d) Applicants shall apply for funds to serve one or more
targeted populations in one or more neighborhoods, local
jurisdictions, regions, or statewide. Each application shall include
how programs are designed to complement the work of, and
integrate the individuals being served with, the workforce
development boards within the proposed service area.

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(b)

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begin insert (e) end insert  The grant begin delete program end delete begin insert proposal end insert shall begin delete require grant proposals to
meet the following: end delete

begin delete (1) end delete begin delete   end delete begin delete Grant proposals shall end delete demonstrate how the grant recipient
will address the needs of one or more of the following populations:

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(A)

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begin insert ( end insert begin insert 1) end insert  Youths who are disconnected from the education system or
employment.

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(B)

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begin insert (2) end insert  Women seeking training or education to move into
nontraditional fields of employment.

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(C)

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begin insert ( end insert begin insert 3) end insert  Workers displaced by the movement of an employer or those
who are long-term unemployed.

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(D)

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begin insert ( end insert begin insert 4) end insert  Unskilled or under-skilled, low-earning workers looking to
advance into better-paying employment opportunities.

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(E)

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begin insert ( end insert begin insert 5) end insert  Persons for whom English is not their primary language.

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(F)

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begin insert ( end insert begin insert 6) end insert  Economically disadvantaged persons who face barriers to
reaching training or apprenticeship opportunities for sustainable
careers.

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(G)

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begin insert ( end insert begin insert 7) end insert  CalWORKS participants.

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(H)

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begin insert ( end insert begin insert 8) end insert  Persons who are incarcerated and soon to be released or
formerly incarcerated.

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(I)

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begin insert ( end insert begin insert 9) end insert  Armed services veterans who face barriers due to skills that
are not applicable to employment, training, apprenticeship
opportunities in the region in which they live, or because of mental
health, health, or other barriers that serve as impediments to those
opportunities.

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(J)

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begin insert (10) end insert  Native Americans or migrant, seasonal farmworkers.

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(K)

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begin insert (11) end insert  People with developmental or other disabilities.

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(f) The grant proposal shall explain the specific purpose of the
grant funds and define the general methodology and training
methods proposed to be used.

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(2) Grant proposals

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begin insert (g) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert The proposal end insert shall begin delete include a method to measure success
of any program funded by the grant. Measurements end delete begin insert identify
baseline criteria and metrics by which the overall success of the
grant program can be evaluated. The proposal shall also explain
the manner in which the progress of the individuals participating
in the program will be monitored during the grant period. end insert

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(2) One component of the grant proposal shall provide for a
preservice education and training assessment, which shall form
the baseline for measuring program performance. A prior
assessment may be used if, in the determination of the Secretary
of Labor and Workforce Development, its results are accurate and
appropriate for the proposed program.

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begin insert (3) end insert begin insert   end insert begin insert Measurements end insert of success begin insert shall be based on the targeted
population and the baseline measurements set through the
individual client assessment. These metrics end insert may include, but are
not limited to:

(A) The number of participants in the program who have
completed a high school diploma or received a GED.

(B) The number of participants in the program who have
completed a remedial education program.

(C) The number of participants in the program who have
completed a work readiness program.

(D) The number of participants who have received assistance
to enroll their children in after school programs while the program
participant begin delete enroll end delete begin insert enrolls end insert in secondary or postsecondary education
or maintains employment.

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(E) The number of participants who have obtained access to
reliable transportation or received a driver’s license since
enrollment in the program.

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(F)

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begin insert (E) end insert  The number of participants who have completed a certified
drug treatment or mental health program.

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(G) The number of participants who have obtained and
maintained safe housing.

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(H)

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begin insert ( end insert begin insert F) end insert  The number of participants who have begin delete completed end delete
begin insert matriculated to end insert a begin delete pre-apprenticeship end delete begin insert preapprenticeship or
apprenticeship end insert program.

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(c) The amount of ___ is appropriated from the ____ fund to
the California Workforce Investment Board to carry out this
section.

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(h) (1) Key features of the grant shall be provided in a
memorandum of understanding between the applicants and the
agency, including, but not limited to, the purpose of the grant,
expected outcomes, the oversight and monitoring process, and
reporting requirements.

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(2) As a condition of receiving funds, a grant recipient shall
agree to provide information to the Secretary of Labor and
Workforce Development that is determined by the secretary as
necessary to meet all reporting requirements.

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(i) On at least an annual basis and upon completion of the grant
period, grant recipients shall report to the Secretary of Labor and
Workforce Development information regarding their use of funds,
workforce training outcomes, and any other information required
by the secretary.

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(j) By January 1, 2018, the Secretary of Labor and Workforce
Development shall post a report on the agency’s Internet Web site
that aggregates the information provided by the grant recipients,
including, but not limited to, the overall success of the grant
programs.

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begin insert 14601.3. end insert   

In implementing the initiative, the Secretary of Labor
and Workforce Development may fund a project that uses a model
that was previously funded as a pilot project through the Workforce
Accelerator, the Supervised Population Workforce Training
Program, SlingShot, or other existing programs, to the extent that
the goals, measures, and metrics are sufficiently aligned, so as to:

(a) Serve the same client base.

(b) Address the needs of individuals who face multiple barriers
to employment to receive remedial education and work readiness
skills.

(c) Have an end goal of preparing those individuals for further
training that results in apprenticeship or middle-skill employment
opportunities. Eligible applicants for programs under this section
shall exclusively be joint applications from one or more workforce
investment boards and one or more community-based
organizations.

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