BILL NUMBER: AB 2642	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2016
	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   Brown,
  Chang,  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  overseen by the Secretary of Labor and Workforce
Development  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
 that enhance skill development  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
 provides a status report on the implementation of the initiative
and  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  wages and   wages,
 lack of job skills,  and limited access to current
resources for workforce training,  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   development  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.  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.

   (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,  that
  who  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) of Section 180.3  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  that enhance skill development  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.
  strategies.  The role of the lead workforce
 investment   development  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.  
strategies. 
   (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
  boards and  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.   strategies. 

   (3) Community-based organizations increase their capacity to
achieve and measure results. 
   (f) Targeted population for initiative grant proposals are defined
in subdivision (e) of Section 180.3.  
   (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.  
   (f) 
    (h)  The outcomes of the initiative shall be reported
pursuant to Section 180.3.
   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   initiative  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)
  (c)  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 
and vocational  training, work experience, on-the-job training,
 stipends for trainees, entrepreneurship training, 
earn-as-you-learn, industry certifications,  preapprenticeship
programs,  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.  
employment, including staffing to provide those services. 

   (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:
 
   (6) Grant proposals funded through this initiative shall be for a
term of at least two years.  
   (c) Each application shall, at a minimum, include all of the
following:  
   (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.  
   (2) The designation of one or more targeted populations which will
be served by the grant, as specified in subdivision (e).  
   (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). 
   (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. 

   (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.  
   (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.  
   (e) Eligible targeted populations for the initiative grant
proposals include: 
   (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.  
   (3) Displaced workers and long-term unemployed. 
   (4) Unskilled or under-skilled, low-earning  workers
looking to advance into better-paying employment opportunities.
  workers. 
   (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.   persons. 
   (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.   veterans. 

   (10) Native Americans or migrant, seasonal farmworkers.

   (11) People  
   (10) Native Americans.  
   (11) Migrants or seasonal farmworkers. 
    (12)     Persons  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) 
    (f)  (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  Secretary of Labor and
Workforce Development,   Secretary,  its results
are accurate and appropriate for the grant proposal. 
   (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:  
   (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: 
   (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) 
    (g)  (1) Key features of the grant shall be provided in
a  memorandum of understanding   grant agreement
 between the  applicants   grant recipient
 and the agency, including, but not limited to, the purpose of
the grant, expected outcomes, the oversight and monitoring 
process, and   process,  reporting 
requirements.   requirements, the term of the grant,
amount of the grant, and intended use of the grant moneys. 
   (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   Secretary  as necessary to meet all
reporting requirements. 
   (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.  
   (i) 
    (h)  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.  
Secretary.  
   (j) 
    (i)  By January 1, 2018, and  by January 1 of 
each year thereafter, the Secretary  of Labor and Workforce
Development  shall post a report on the agency's Internet
Web site that  provides a status report on the implementation of
the initiative and  aggregates the information provided by the
grant recipients, including, but not limited to, the overall 
progress and  success of the grant programs.
   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   development  boards and one
or more community-based organizations.