Amended in Assembly April 26, 2016

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 begin delete Chang end delete begin insert Brown, Chang, end insert and Steinorth)

(Coauthor: Senator Wieckowski)

February 19, 2016

An act to add 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 begin insert overseen by the Secretary of Labor and Workforce Development end insert 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, 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 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 begin insert that enhance skill development end insert that will lead to self-sufficiency and economic 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 begin insert provides a status report on the implementation of the initiative and end insert 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.  

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

 

Division 1.4.  REMOVING BARRIERS TO EMPLOYMENT
ACT

 

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 begin delete wages and end delete begin insert wages, end insert lack of
job skills, begin insert and limited access to current resources for workforce
training, end insert 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 begin delete investment end delete begin insert development end insert 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. begin insert It is important to recognize the range of career
pathways available to individuals who face barriers to employment.
Identifying the best pathway for an individual may include those
developed by the state, federal, or tribal governments, as well as
community-based service providers. end insert

(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.

180.1  

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

180.2  

(a) This division establishes the Breaking Barriers to
Employment Initiative within the agency. The initiative shall be
led by the Secretary of Labor and Workforce Development, begin delete that end delete
begin insert who end insert 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) begin insert of
Section 180.3 end insert 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 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 begin insert that enhance skill development end insert 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 begin delete strategies developed by local workforce
boards. end delete begin insert strategies. end insert The role of the lead workforce begin delete investment end delete
begin insert development end insert 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 begin delete strategies developed by local workforce
boards. end delete begin insert strategies. end insert

(c) In developing the initiative, the Secretary begin delete of Labor and
Workforce Development end delete 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 begin delete of Labor and Workforce
Development end delete 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 begin delete multiple end delete barriers to employment take
measurable steps to remediate education and workforce readiness
skills.

(2) Partnerships between community-based organizations and
workforce development begin delete boards, community colleges, and other end delete
begin insert boards and end insert 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 begin delete strategies developed by local workforce
boards. end delete begin insert strategies. end insert

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

begin insert

(f) Targeted population for initiative grant proposals are defined
in subdivision (e) of Section 180.3.

end insert begin insert

(g) The Secretary or the state entity authorized by the Secretary
pursuant to subdivision (a) shall be responsible as appropriate
for the oversight and monitoring of any funds awarded pursuant
to the initiative to ensure the goals, objectives, and other
requirements of the initiative are met.

end insert begin delete

(f)

end delete

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

180.3.  

The Secretary begin delete of Labor and Workforce Development end delete
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
begin delete program end delete begin insert initiative end insert 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
begin delete (d) end delete begin insert (c) end insert 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 begin insert and vocational end insert training, work experience, on-the-job training,
begin insert stipends for trainees, entrepreneurship training, end insert earn-as-you-learn,
industry certifications, begin insert preapprenticeship programs, end insert 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 begin delete employment. end delete begin insert employment, including
staffing to provide those services. end insert

begin delete

(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 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.
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 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:

end delete begin insert

(6) Grant proposals funded through this initiative shall be for
a term of at least two years.

end insert begin insert

(c) Each application shall, at a minimum, include all of the
following:

end insert begin insert

(1) The designation of at least one lead workforce development
board and one lead community-based organization. Documentation
shall be included that each lead workforce development board and
lead community-based organization has agreed to be the lead
designation in the grant proposal.

end insert begin insert

(2) The designation of one or more targeted populations which
will be served by the grant, as specified in subdivision (e).

end insert begin insert

(3) The designation of a service area, which may include one
or more neighborhoods, local jurisdictions, regions, or statewide.
A grant proposal that proposes to serve clients across one or more
workforce development areas shall include a commitment to notify
each workforce development board in the proposed service area,
pursuant to the requirements in subdivision (g).

end insert begin insert

(4) An explanation of the specific purpose of the grant funds,
the roles and responsibilities of each of the lead workforce
development boards and community-based organizations, and a
discussion of the general methodology and training methods
proposed to be used.

end insert begin insert

(5) A description of how the grant proposal is designed to
complement the work of, and integrate the individuals being served
with, the workforce development boards within the proposed
service area.

end insert begin insert

(d) A grant application may be submitted jointly by a lead
workforce development board and a lead community-based
organization, or by one or more lead workforce development
boards, or one or more of the lead community-based organizations.

end insert begin insert

(e) Eligible targeted populations for the initiative grant
proposals include:

end insert

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

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

begin delete

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

end delete begin insert

(3) Displaced workers and long-term unemployed.

end insert

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

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

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

(7) CalWORKS participants.

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

(9) Armed services begin delete 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. end delete begin insert veterans. end insert

begin delete

(10) Native Americans or migrant, seasonal farmworkers.

end delete begin delete

(11) People

end delete begin insert

(10) Native Americans.

end insert begin insert

(11) Migrants or seasonal farmworkers.

end insert

begin insert (12) end insert begin insert   end insert begin insert Persons end insert with developmental or other disabilities.

begin delete

(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.

end delete begin delete

(g)

end delete

begin insert (f) end insert  (1) The proposal shall identify baseline criteria and metrics
by which the overall success of the proposal can be 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 begin delete Secretary
of Labor and Workforce Development, end delete begin insert Secretary, end insert its results are
accurate and appropriate for the grant proposal.

begin delete

(3) Measurements of success shall be based on the targeted
population and the baseline measurements set through the
individual client assessment, consistent with the initiative goals
as identified in subdivision (e) of Section 180.2. These metrics
may include, but are not limited to:

end delete begin insert

(3) The grant proposal shall identify overall measurements of
success relevant to the targeted population, consistent with the
initiative goals identified in subdivision (e) of Section 180.2. The
proposal shall explain how the baseline measurements, as
established by individual assessments, will be used to calibrate
the overall measurements of success. Measurements and metrics
may include, but are not limited to:

end insert

(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)).

begin delete

(h)

end delete

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

begin insert requirements, the term of the grant, amount of the grant, and
intended use of the grant moneys. end insert

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

begin insert

(3) Prior to the signing of the grant agreement, the grant
recipient or recipients who have been awarded funds for a grant
proposal that serves clients across one or more workforce
development areas shall provide the Secretary with documentation
that each workforce development board within the proposed service
area has been notified of the grant award and provided a summary
of its purpose and goals.

end insert begin delete

(i)

end delete

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

begin delete

(j)

end delete

begin insert (i) end insert  By January 1, 2018, and begin insert by January 1 of end insert each year thereafter,
the Secretary begin delete of Labor and Workforce Development end delete shall post a
report on the agency’s Internet Web site that begin insert provides a status
report on the implementation of the initiative and end insert aggregates the
information provided by the grant recipients, including, but not
limited to, the overall begin insert progress and end insert success of the grant programs.

180.4.  

In implementing the initiative, the Secretary begin delete of Labor
and Workforce Development end delete 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
begin delete investment end delete begin insert development end insert boards and one or more community-based
organizations.