BILL NUMBER: AB 2642 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
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 Chapter 6 (commencing with Section 14600)
to Division 7 of the Unemployment Insurance Code,
Division 1.4 (commencing with Section 180) to the Labor Code,
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 oversight. oversight, or
to authorize another state agency, under specified conditions, to
administer a portion of the initiative . The bill
would specify that the purpose of the initiative is to create a grant
program to provide funds to workforce investment boards and
community-based organizations working in partnership on proposals
that 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 stability.
stability, and would set forth the goals of the initiative
. 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, and annually
thereafter, 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:
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
SECTION 1. Division 1.4 (commencing with Section
180) is added to the Labor Code , to read:
DIVISION 1.4. REMOVING BARRIERS TO EMPLOYMENT
ACT
14600. 180. The Legislature finds
and declares all of the following:
(a) The economy in California continues to improve as shown by
lower unemployment rates and higher 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,
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, 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,
apprenticeship apprenticeship, or employment
opportunities.
14600.5. 180.1 As used in this
chapter, division, "Breaking Barriers
to Employment Initiative" or "initiative" means the Breaking Barriers
to Employment Initiative established in this chapter.
14601. 180.2 (a) This
chapter division 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. 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.
(b) (1) The purpose of the initiative is to
provide funds to workforce investment boards and
community-based organizations that submit joint proposals that
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.
(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.
(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.
(e) The goals of the initiative shall include all of the
following:
(1) Individuals who face multiple barriers to employment take
measurable steps to remediate education and workforce readiness
skills.
(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.
(3) Community-based organizations increase their capacity to
achieve and measure results.
(e)
(f) The outcomes of the initiative shall be reported
pursuant to Section 14601.2 180.3 .
14601.2. 180.3. 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) (1) 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.
(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).
(3) Each grant proposal shall further the initiative goals, as
identified in subdivision (e) of Section 180.2.
(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.
(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.
(c) Each application shall include at least one lead
workforce investment board and one lead community-based
organization. An application that serves clients across one or more
workforce investment areas shall include a
either of the following:
(1) Documentation of the existence of a current memorandum of
understanding with each workforce board within the proposed service
area.
(2) 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. Obtaining the letter of
acknowledgment shall be the responsibility of the lead workforce
investment board.
(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 grant proposals 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 grant program
proposal can be evaluated.
evaluated, consistent with the initiative goals as identified in
subdivision (e) of Section 180.2 . 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 proposed program. grant proposal
.
(3) Measurements of success shall be based on the targeted
population and the baseline measurements set through the individual
client assessment. assessment, consistent
with the initiative goals as identified in subdivision (e) of Section
180.2 . 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.
(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)).
(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, and each year thereafter, 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.
14601.3. 180.4. In implementing the
initiative, the Secretary of Labor and Workforce Development may
fund a full-scale 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.