Amended in Assembly April 12, 2016

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

(Coauthors: Assembly Members Chang and Steinorth)

(Coauthor: Senator Wieckowski)

February 19, 2016

An act to add begin delete Chapter 6 (commencing with Section 14600) to Division 7 of the Unemployment Insurance Code, end delete begin insert Division 1.4 (commencing with Section 180) to the Labor Code, end insert relating to workforce development.

LEGISLATIVE COUNSEL’S DIGEST

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

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. 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. 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.

This bill would enact the Removing Barriers to Employment Act, which would 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 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 begin delete oversight. end delete begin insert oversight, or to authorize another state agency, under specified conditions, to administer a portion of the initiative end insert begin insert . end insert The bill would specify that the purpose of the initiative is to create a grant program to begin delete provide funds to workforce investment boards and community-based organizations working in partnership on proposals that end delete assist individuals who have multiple barriers to employment to receive the remedial education and work readiness skills that will help those individuals to successfully participate in training, apprenticeship, or employment opportunities that will lead to self-sufficiency and economic begin delete stability. end delete begin insert stability, and would set forth the goals of the initiative end insert begin insert . end 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, begin insert and annually thereafter, end insert 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.

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

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

begin delete

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

 

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Division 1.4 (commencing with Section 180) is
added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

 

begin insert

Division  begin insert 1.4. end insert   begin insert REMOVING BARRIERS TO EMPLOYMENT
ACT end insert

end insert

 

begin delete 14600. end delete

begin insert 180. end insert   

The Legislature finds and declares all of the following:

(a) The economy in California continues to improve as shown
by lower unemployment rates and begin insert higher end insert 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 literacy, 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 English language improvement
training, begin insert basic skills and end insert adult education, high school diploma and
GED acquisition, skills training, work experience, on-the-job
training, earn-as-you-learn, industry certifications, mentoring, case
management, 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 agencies,
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 other 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, begin delete apprenticeship end delete
begin insert apprenticeship, end insert or employment opportunities.

begin delete 14600.5. end delete

begin insert 180.1 end insert   

As used in this begin delete chapter, end delete begin insert division, end insert “Breaking Barriers to
Employment Initiative” or “initiative” means the Breaking Barriers
to Employment Initiative established in this chapter.

begin delete 14601. end delete

begin insert 180.2 end insert   

(a) This begin delete chapter end delete begin insert division end insert 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. begin insert The Secretary
may authorize another state entity that has experience with serving
one or more of the populations identified in subdivision (e) to
administer a portion of the initiative, if the other state entity agrees
to meet all the requirements of this division and to provide the
Secretary with the information necessary to meet the reporting
requirements. end insert

(b)  begin insert (1) end insert begin insert   end insert The purpose of the initiative is to begin delete provide funds to
workforce investment boards and community-based organizations
that submit joint proposals that end delete assist individuals who have multiple
barriers to employment to receive the remedial education and work
readiness skills that will help them to successfully participate in
training, apprenticeship, or employment opportunities that will
lead to self-sufficiency and economic stability.

begin insert

(2) The initiative operationalizes an innovative model of effective
collaboration between two important workforce partners for the
benefit of populations that routinely face barriers to employment.
By leveraging the experience of community-based organizations
to meet the unique needs of certain groups with the resources of
the workforce boards, the initiative creates an on-ramp to groups
that have been historically disconnected from traditional programs.
The role of the lead community-based organization is to use its
expertise in working with the targeted populations to remediate
education and workforce readiness skills and to collaborate with
the lead workforce board to transition clients to career pathways
and sector strategies developed by local workforce boards. The
role of the lead workforce investment board, at a minimum, is to
collaborate with and assist the lead community-based organization
in designing a program that supports the transition of participants
who have successfully achieved the goals and objectives of the
grant proposal to career pathways and sector strategies developed
by local workforce boards.

end insert

(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.

(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.

begin insert

(e) The goals of the initiative shall include all of the following:

end insert begin insert

(1) Individuals who face multiple barriers to employment take
measurable steps to remediate education and workforce readiness
skills.

end insert begin insert

(2) Partnerships between community-based organizations and
workforce development boards, community colleges, and other
providers of quality education and training are demonstrably
strengthened in ways that benefit their client’s ability to continue
to access services that ultimately lead clients utilizing career
pathways and sector strategies developed by local workforce
boards.

end insert begin insert

(3) Community-based organizations increase their capacity to
achieve and measure results.

end insert begin delete

(e)

end delete

begin insert (f) end insert  The outcomes of the initiative shall be reported pursuant to
Section begin delete 14601.2 end delete begin insert 180.3 end insert .

begin delete 14601.2. end delete

begin insert 180.3. end insert   

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

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

(b)  begin insert (1) end insert begin insert   end insert 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.

begin insert

(2) Applications shall be evaluated based on the lead
community-based organization’s demonstrated capacity to
successfully deliver previous programs to the targeted populations
who the applicant is proposing to serve pursuant to subdivisions
(d) and (e).

end insert begin insert

(3) Each grant proposal shall further the initiative goals, as
identified in subdivision (e) of Section 180.2.

end insert begin insert

(4) Eligible activities for grant funds shall include, but are not
limited to, English language improvement training, basic skills
and adult education, high school diploma and GED acquisition,
skills training, work experience, on-the-job training,
earn-as-you-learn, industry certifications, mentoring, and other
remedial education and work readiness skills.

end insert begin insert

(5) Grant proposals funded through the initiative shall use at
least 90 percent of their funds for direct services to the clients who
face multiple barriers to employment.

end insert

(c) Each application shall include at least one begin insert lead end insert workforce
investment board and one begin insert lead end insert community-based organization.
An application that serves clients across one or more workforce
investment areas shall include begin delete a end delete begin insert either of the following: end insert

begin insert

(1) Documentation of the existence of a current memorandum
of understanding with each workforce board within the proposed
service area.

end insert

begin insert (2) end insert begin insert   end insert begin insert A end insert 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. begin delete However, all applications shall have at least one workforce board
and one community-based organization working in partnership. end delete

begin insert Obtaining the letter of acknowledgment shall be the responsibility
of the lead workforce investment board. end insert

(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 begin delete programs end delete begin insert grant proposals end insert are designed to complement the
work of, and integrate the individuals being served with, the
workforce development boards within the proposed service area.

(e) The grant proposal shall demonstrate how the grant recipient
will address the needs of one or more of the following populations:

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

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

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

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

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

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

(7) CalWORKS participants.

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

(9) 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.

(10) Native Americans or migrant, seasonal farmworkers.

(11) People with developmental or other disabilities.

(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.

(g) (1) The proposal shall identify baseline criteria and metrics
by which the overall success of the begin delete grant program end delete begin insert proposal end insert can
be begin delete evaluated. end delete begin insert evaluated, consistent with the initiative goals as
identified in subdivision (e) of Section 180.2 end insert begin insert . end insert 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.

(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 begin delete proposed program. end delete begin insert grant proposal end insert begin insert . end insert

(3) Measurements of success shall be based on the targeted
population and the baseline measurements set through the
individual client begin delete assessment. end delete begin insert assessment, consistent with the
initiative goals as identified in subdivision (e) of Section 180.2 end insert begin insert . end insert
These metrics 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 enrolls in secondary or postsecondary education or
maintains employment.

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

(F) The number of participants who have matriculated to a
preapprenticeship or apprenticeship program.

begin insert

(G) The number of participants who passed the Ability to Benefit
test and enrolled into a career pathway program, as defined in the
federal Higher Education Act (20 U.S.C. Sec. 1091(d)(2)).

end insert

(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.

(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.

(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.

(j) By January 1, 2018, begin insert and each year thereafter, end insert 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.

begin delete 14601.3. end delete

begin insert 180.4. end insert   

In implementing the initiative, the Secretary of Labor
and Workforce Development may fund a begin insert full-scale end insert 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.