California Legislature—2015–16 Regular Session

Assembly BillNo. 2719

Introduced by Assembly Member Eduardo Garcia

(Principal coauthor: Senator Hueso)

February 19, 2016

An act to amend Sections 14005, 14013, 14200, 14221, 14230, 14231, and 14510 of the Unemployment Insurance Code, relating to workforce development.


AB 2719, as introduced, Eduardo Garcia. Workforce development: out of school youth.

The federal Workforce Innovation and Opportunity Act of 2014 provides for workforce investment activities, including activities in which states may participate. The California Workforce Innovation and Opportunity Act of 2014 (state act) establishes the California Workforce Development Board, which is responsible for assisting the Governor in the development and continuous improvement of California’s workforce investment system. The state act also contains various programs for job training and employment investment, as specified. The state act requires the board to assist the Governor in helping individuals with barriers to employment achieve economic security and upward mobility by implementing policies that encourage the attainment of marketable skills relevant to current labor market trends. The state act defines an individual with employment barriers to include youths who are individuals with disabilities, homeless youths, and youth who are in, or who have aged out of, the foster care system.

This bill would include within the definition of an individual with employment barriers an out of school youth, as defined, would revise the duties of the board regarding out of school youth, as specified, and would define local workforce development system stakeholders, as specified.

Existing law requires the local chief elected officials in a local workforce development area to form, pursuant to specified guidelines, a local workforce development board to, among other things, plan and oversee the workforce development system and develop a comprehensive 4-year local plan. Existing law requires the Governor to establish, through the California Workforce Development Board, standards for certification of high-performance local workforce investment boards, in accordance with specified criteria. Existing law requires each local workforce development board to establish with specified partners at least one full service one-stop career center in the local workforce development area to provide jobseekers with integrated employment, education, training, and job search services.

This bill would revise the criteria to include references to out of school youth, as specified, and require the local plan to include an analysis of education programs available for out of school youth, as specified. The bill would also require local partners of the one-stop center to include programs that serve out of school youth through exclusive partnerships between secondary schools and specified entities or programs. By increasing the duties of local officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

P2    1


Section 14005 of the Unemployment Insurance
is amended to read:



For purposes of this division:

4(a) “Board” means the California Workforce Development

P3    1(b) “Agency” means the Labor and Workforce Development

3(c) “Career pathways,” “career ladders,” or “career lattices” are
4an identified series of positions, work experiences, or educational
5benchmarks or credentials with multiple access points that offer
6occupational and financial advancement within a specified career
7field or related fields over time. “Career pathways,” “career
8ladders,” and “career lattices” offer combined programs of rigorous
9and high-quality education, training, and other services that do all
10of the following:

11(1) Align with the skill needs of industries in the economy of
12the state or regional economy involved.

13(2) Prepare an individual to be successful in any of a full range
14of secondary or postsecondary education options, including
15apprenticeships registered under the National Apprenticeship Act
16of 1937 (29 U.S.C. Sec. 50 et seq.), except as in Section 3226 of
17Title 29 of the United States Code.

18(3) Include counseling to support an individual in achieving the
19individual’s education and career goals.

20(4) Include, as appropriate, education offered concurrently with
21and in the same context as workforce preparation activities and
22training for a specific occupation or occupational cluster.

23(5) Organize education, training, and other services to meet the
24particular needs of an individual in a manner that accelerates the
25educational and career advancement of the individual to the extent

27(6) Enable an individual to attain a secondary school diploma
28or its recognized equivalent, and at least one recognized
29postsecondary credential.

30(7) Help an individual enter or advance within a specific
31occupation or occupational cluster.

32(d) “Cluster-based sector strategies” mean methods of focusing
33workforce and economic development on those sectors that have
34demonstrated a capacity for economic growth and job creation in
35a particular geographic area.

36(e) “Data driven” means a process of making decisions about
37investments and policies based on systematic analysis of data,
38which may include data pertaining to labor markets.

39(f) “Economic security” means, with respect to a worker, earning
40a wage sufficient to support a family adequately, and, over time,
P4    1to save for emergency expenses and adequate retirement income,
2based on factors such as household size, the cost of living in the
3worker’s community, and other factors that may vary by region.

4(g) “Evidence-based” means making use of policy research as
5a basis for determining best policy practices. Evidence-based
6policymakers adopt policies that research has shown to produce
7positive outcomes, in a variety of settings, for a variety of
8populations over time. Successful, evidence-based programs deliver
9quantifiable and sustainable results. Evidence-based practices
10differ from approaches that are based on tradition, belief,
11convention, or anecdotal evidence.

12(h) “High-priority occupations” mean occupations that have a
13significant presence in a targeted industry sector or industry cluster,
14are in demand, or projected to be in demand, by employers, and
15pay or lead to payment of a wage that provides economic security.

16(i) (1) “In-demand industry sector or occupation” means either
17of the following:

18(A) An industry sector that has a substantial current or potential
19impact, including through jobs that lead to economic
20self-sufficiency and opportunities for advancement, on the state,
21regional, or local economy, as appropriate, and that contributes to
22the growth or stability of other supporting businesses, or the growth
23of other industry sectors.

24(B) An occupation that currently has or is projected to have a
25number of positions, including positions that lead to economic
26self-sufficiency and opportunities for advancement, in an industry
27sector so as to have a significant impact on the state, regional, or
28local economy, as appropriate.

29(2) The determination of whether an industry sector or
30occupation is “in-demand” under this subdivision shall be made
31by the board or local board, or through the regional planning
32process in which local boards participate under the Workforce
33Innovation and Opportunity Act, as appropriate, using state and
34regional business and labor market projections, including the use
35of labor market information.

36(j) “Individual with employment barriers” means an individual
37with any characteristic that substantially limits an individual’s
38ability to obtain employment, including indicators of poor work
39history, lack of work experience, or access to employment in
40nontraditional occupations, long-term unemployment, lack of
P5    1educational or occupational skills attainment, dislocation from
2high-wage and high-benefit employment, low levels of literacy or
3English proficiency, disability status, or welfare dependency,
4including members of all of the following groups:

5(1) Displaced homemakers.

6(2) Low-income individuals.

7(3) Indians, Alaska Natives, and Native Hawaiians, as those
8terms are defined in Section 3221 of Title 29 of the United States

10(4) Individuals with disabilities, including youths who are
11individuals with disabilities.

12(5) Older individuals.

13(6) Ex-offenders.

14(7) Homeless individuals, as defined in Section 14043e-2(6) of
15Title 42 of the United States Code, or homeless children and
16youths, as defined in Section 11434a(2) of Title 42 of the United
17States Code.

18(8) Youth who are in, or have aged out of, the foster care system.

19(9) Individuals who are English language learners, individuals
20who have low levels of literacy, and individuals facing substantial
21cultural barriers.

22(10) Eligible migrant and seasonal farmworkers, as defined in
23Section 3322(i) of Title 29 of the United States Code.

24(11) Individuals within two years of exhausting lifetime
25eligibility under Part A of Title IV of the Social Security Act (42
26 U.S.C. Sec. 601 et seq.).

27(12) Single parents, including single, pregnant women.

28(13) Long-term unemployed individuals.

begin insert

29(14) Out of school youth.

end insert
begin delete


end delete

31begin insert(15)end insert Any other groups as the Governor determines to have
32barriers to employment.

33(k) “Industry cluster” means a geographic concentration or
34emerging concentration of interdependent industries with direct
35service, supplier, and research relationships, or independent
36industries that share common resources in a given regional
37economy or labor market. An industry cluster is a group of
38employers closely linked by common product or services,
39workforce needs, similar technologies, and supply chains in a given
40regional economy or labor market.

P6    1(l) “Industry or sector partnership” means a workforce
2collaborative, convened or acting in partnership with the board or
3a local board, that does the following:

4(1) Organizes key stakeholders in an industry cluster into a
5working group that focuses on the shared goals and human
6resources needs of the industry cluster and that includes, at the
7appropriate stages of development of the partnership:

8(A) Representatives of multiple businesses or other employers
9in the industry cluster, including small and medium-sized
10employers when practicable.

11(B) One or more representatives of a recognized state labor
12organization or central labor council, or another labor
13representative, as appropriate.

14(C) One or more representatives of an institution of higher
15education with, or another provider of, education or training
16programs that support the industry cluster.

17(2) The workforce collaborative may include representatives of
18any of the following:

19(A) State or local government.

20(B) State or local economic development agencies.

21(C) State boards or local boards, as appropriate.

22(D) A state workforce agency or entity providing employment

24(E) Other state or local agencies.

25(F) Business or trade associations.

26(G) Economic development organizations.

27(H) Nonprofit organizations, community-based organizations,
28or intermediaries.

29(I) Philanthropic associations.

30(J) Industry associations.

31(K) Other organizations, as determined to be necessary by the
32members comprising the industry sector or partnership.

33(m) “Industry sector” means those firms that produce similar
34products or provide similar services using somewhat similar
35business processes, and are closely linked by workforce needs,
36within a regional labor market.

37(n) “Local labor federation” means a central labor council that
38is an organization of local unions affiliated with the California
39Labor Federation or a local building and construction trades council
P7    1affiliated with the State Building and Construction Trades Council
2of California.

3(o) “Sector strategies” means methods of prioritizing
4investments in competitive and emerging industry sectors and
5industry clusters on the basis of labor market and other economic
6data indicating strategic growth potential, especially with regard
7to jobs and income, and exhibit the following characteristics:

8(1) Focus workforce investment in education and workforce
9training programs that are likely to lead to jobs providing economic
10security or to an entry-level job with a well-articulated career
11pathway into a job providing economic security.

12(2) Effectively boost labor productivity or reduce business
13barriers to growth and expansion stemming from workforce supply
14problems, including skills gaps and occupational shortages by
15directing resources and making investments to plug skills gaps
16and provide education and training programs for high-priority

18(3) May be implemented using articulated career pathways or
19lattices and a system of stackable credentials.

20(4) May target underserved communities, disconnected youths,
21incumbent workers, and recently separated military veterans.

22(5) Frequently are implemented using industry or sector

24(6) Typically are implemented at the regional level where sector
25firms, those employers described in subdivisions (j) and (l), often
26share a common labor market and supply chains. However, sector
27strategies may also be implemented at the state or local level
28depending on sector needs and labor market conditions.

29(p) “Workforce Innovation and Opportunity Act of 2014” means
30the federal act enacted as Public Law 113-128.

31(q) (1) “Earn and learn” includes, but is not limited to, a
32program that does either of the following:

33(A) Combines applied learning in a workplace setting with
34compensation allowing workers or students to gain work experience
35and secure a wage as they develop skills and competencies directly
36relevant to the occupation or career for which they are preparing.

37(B) Brings together classroom instruction with on-the-job
38training to combine both formal instruction and actual paid work

P8    1(2) “Earn and learn” programs include, but are not limited to,
2all of the following:

3(A) Apprenticeships.

4(B) Preapprenticeships.

5(C) Incumbent worker training.

6(D) Transitional and subsidized employment, particularly for
7individuals with barriers to employment.

8(E) Paid internships and externships.

9(F) Project-based compensated learning.

10begin insert(r)end insertbegin insertend insertbegin insert“Out of school youth” means an individual who is 16 years
11of age or older, but not more than 24 years of age and is a school
12dropout or is within the age of compulsory school attendance, but
13has not attended school for at least the most recent 90 days of the
14school calendar or otherwise meets the definition in Section
153164(a)(1)(B) of Title 29 of the United States Code.end insert

begin insert

16(s) “Local workforce development system stakeholders” means
17owners of businesses or other business executives with
18policymaking or hiring authority, representatives of local area
19labor organizations, representatives of community-based
20organizations that have demonstrated experience in addressing
21the employment needs of individuals with barriers to employment,
22and representatives of area schools and colleges including, but
23not limited to schools that serve out of school youth through
24exclusive partnerships with any of the following:

25(1) The California Workforce Development Board or local
26workforce development board.

27(2) Federally affiliated Youth Build programs.

28(3) Federal job corps training or instruction provided pursuant
29to a memorandum of understanding with the federal provider.

30(4) The California Conservation Corp or local conservation
31corps certified by the California Conservation Corp pursuant to
32Section 14406 or 14507.5 of the Public Resources Code.

end insert

SEC. 2.  

Section 14013 of the Unemployment Insurance Code
34 is amended to read:



The board shall assist the Governor in the following:

36(a) Promoting the development of a well-educated and highly
37skilled 21st century workforce.

38(b) Developing, implementing, and modifying the State Plan.
39The State Plan shall serve as the comprehensive framework and
40coordinated plan for the aligned investment of all federal and state
P9    1workforce training and employment services funding streams and
2programs. To the extent feasible and when appropriate, the state
3plan should reinforce and work with adult education and career
4technical education efforts that are responsive to labor market

6(c) The review of statewide policies, of statewide programs,
7and of recommendations on actions that should be taken by the
8state to align workforce, education, training, and employment
9funding programs in the state in a manner that supports a
10comprehensive and streamlined workforce development system
11in the state, including the review and provision of comments on
12the State Plan, if any, for programs and activities of one-stop
13partners that are not core programs.

14(d) Developing and continuously improving the statewide
15workforce investment system, including:

16(1) The identification of barriers and means for removing
17barriers to better coordinate, align, and avoid duplication among
18the programs and activities carried out through the system.

19(2) The development of strategies to support the use of career
20pathways for the purpose of providing individuals, including
21low-skilled adults, youth, and individuals with barriers to
22employment,begin delete andend delete including individuals withbegin delete disabilities,end deletebegin insert disabilities
23and out of school youth,end insert
with workforce investment activities,
24education, and supportive services to enter or retain employment.
25To the extent permissible under state and federal laws, these
26policies and strategies should support linkages between
27kindergarten and grades 1 to 12, inclusive, and community college
28educational systems in order to help secure educational and career
29advancement. These policies and strategies may be implemented
30using a sector strategies framework and should ultimately lead to
31placement in a job providing economic security or job placement
32in an entry-level job that has a well-articulated career pathway or
33career ladder to a job providing economic security.

34(3) The development of strategies for providing effective
35outreach to and improved access forbegin delete individualsend deletebegin insert individuals,
36including individuals with barriers to employment,end insert
and employers
37who could benefit from services provided through the workforce
38development system.

39(4) The development and expansion of strategies for meeting
40the needs of employers, workers, and jobseekers, particularly
P10   1through industry or sector partnerships related to in-demand
2industry sectors and occupations, including policies targeting
3resources to competitive and emerging industry sectors and industry
4clusters that provide economic security and are either high-growth
5 sectors or critical to California’s economy, or both. These industry
6sectors and clusters shall have significant economic impacts on
7the state and its regional and workforce development needs and
8have documented career opportunities.

9(5) Recommending adult and dislocated worker training policies
10and investments that offer a variety of career opportunities while
11upgrading the skills of California’s workforce. These may include
12training policies and investments pertaining to any of the following:

13(A) Occupational skills training, including training for
14nontraditional employment.

15(B) On-the-job training.

16(C) Incumbent worker training in accordance with Section
173174(d)(4) of Title 29 of the United States Code.

18(D) Programs that combine workplace training with related
19instruction, which may include cooperative education programs.

20(E) Training programs operated by the private sector.

21(F) Skill upgrading and retraining.

22(G) Entrepreneurial training.

23(H) Transitional jobs in accordance with Section 3174 (d)(5)
24of Title 29 of the United States Code.

25(I) Job readiness training provided in combination with any of
26the services described in subparagraphs (A) to (H), inclusive.

27(J) Adult education and literacy activities provided in
28combination with any of the services described in subparagraphs
29(A) to (G), inclusive.

30(K) Customized training conducted with a commitment by an
31employer or group of employers to employ an individual upon
32successful completion of the training.

begin insert

33(L) California high school diplomas from schools accredited
34by the Western Association of Schools and Colleges.

end insert

35(e) The identification of regions, including planning regions,
36for the purposes of Section 3121(a) of Title 29 of the United States
37Code, and the designation of local areas under Section 3121 of
38Title 29 of the United States Code, after consultation with local
39boards and chief elected officials.

P11   1(f) The development and continuous improvement of the
2one-stop delivery system in local areas, including providing
3assistance to local boards, one-stop operators, one-stop partners,
4and providers with planning and delivering services, including
5training services and supportive services, to support effective
6delivery of services to workers, job seekers,begin insert entrepreneurs,end insert and

8(g) Recommending strategies to the Governor for strategic
9training investments of the Governor’s 15-percent discretionary

11(h) Developing strategies to support staff training and awareness
12across programs supported under the workforce development

14(i) The development and updating of comprehensive state
15performance accountability measures, including state adjusted
16levels of performance, to assess the effectiveness of the core
17programs in the state as required under Section 3141(b) of Title
1829 of the United States Code. As part of this process the board
19shall do all of the following:

20(1) Develop a workforce metrics dashboard, to be updated
21annually, that measures the state’s human capital investments in
22workforce development to better understand the collective impact
23of these investments on the labor market. The workforce metrics
24dashboard shall be produced using existing available data and
25resources that are currently collected and accessible to state
26agencies. The board shall convene workforce program partners to
27develop a standardized set of inputs and outputs for the workforce
28metrics dashboard. The workforce metrics dashboard shall do all
29of the following:

30(A) Provide a status report on credential attainment,begin insert including
31the attainment of California high school diplomas by out of school
32youth from a school accredited by the Western Association of
33Schools and Colleges,end insert
training completion, degree attainment, and
34participant earnings from workforce education and training
35programs. The board shall publish and distribute the final report.

begin insert

36(B) Request an opportunity to present relevant portions of the
37final report, including summary data and performance metrics, at
38least once a calendar year to the State Board of Education and
39the California Community College Board.

end insert
begin delete


end delete

P12   1begin insert(C)end insert Provide demographic breakdowns, including, to the extent
2possible, race, ethnicity, age, gender, veteran status, wage and
3credential or degree outcomes, and information on workforce
4outcomes in different industry sectors.

begin delete


end delete

6begin insert(D)end insert Measure, at a minimum and to the extent feasible with
7existing resources, the performance of the following workforce
8programs: community college career technical education, the
9Employment Training Panel, Title I and Title II of the federal
10Workforce Investment Act of 1998, Trade Adjustment Assistance,
11and state apprenticeship programs.

begin delete


end delete

13begin insert(E)end insert Measure participant earnings in California, and to the extent
14feasible, in other states. The Employment Development Department
15shall assist the board by calculating aggregated participant earnings
16using unemployment insurance wage records, without violating
17any applicable confidentiality requirements.

18(2) The State Department of Education is hereby authorized to
19collect the social security numbers of adults participating in adult
20education programs so that accurate participation in those programs
21can be represented in the report card. However, an individual shall
22not be denied program participation if he or she refuses to provide
23a social security number. The State Department of Education shall
24keep this information confidential and shall only use this
25information for tracking purposes, in compliance with all applicable
26state and federal law.

27(3) (A) Participating workforce programs, as specified in
28subparagraphbegin delete (C)end deletebegin insert (D)end insert of paragraph (1), shall provide participant
29data in a standardized format to the Employment Development

31(B) The Employment Development Department shall aggregate
32data provided by participating workforce programs and shall report
33the data, organized by demographics, earnings, and industry of
34employment, to the board to assist the board in producing the
35annual workforce metrics dashboard.

36(j) The identification and dissemination of information on best
37practices, including best practices for all of the following:

38(1) The effective operation of one-stop centers, relating to the
39use of business outreach, partnerships, and service delivery
P13   1strategies, including strategies for serving individuals with barriers
2to employment.

3(2) The development of effective local boards, which may
4include information on factors that contribute to enabling local
5boards to exceed negotiated local levels of performance, sustain
6fiscal integrity, and achieve other measures of effectiveness.

7(3) Effective training programs that respond to real-time labor
8market analysis, that effectively use direct assessment and prior
9learning assessment to measure an individual’s prior knowledge,
10skills, competencies, and experiences, and that evaluate such skills,
11and competencies for adaptability, to support efficient placement
12into employment or career pathways.

13(k) The development and review of statewide policies affecting
14the coordinated provision of services through the state’s one-stop
15delivery system described in Section 3151(e) of Title 29 of the
16United States Code, including the development of all of the

18(1) Objective criteria and procedures for use by local boards in
19assessing the effectiveness and continuous improvement of
20one-stop centers described in Section 3151(e) of Title 29 of the
21United States Code.

22(2) Guidance for the allocation of one-stop center infrastructure
23funds under Section 3151(h) of Title 29 of the United States Code.

24(3) Policies relating to the appropriate roles and contributions
25of entities carrying out one-stop partner programs within the
26 one-stop delivery system, including approaches to facilitating
27equitable and efficient cost allocation in such a system.

28(l) The development of strategies for technological
29improvements to facilitate access to, and improve the quality of,
30services and activities provided through the one-stop delivery
31system, including such improvements to all of the following:

32(1) Enhance digital literacy skills, as defined in Section 9101
33of Title 20 of the United States Code, referred to in this division
34as “digital literacy skills.”

35(2) Accelerate the acquisition of skills and recognized
36postsecondary credentials by participants.

37(3) Strengthen the professional development of providers and
38workforce professionals.

39(4) Ensure the technology is accessible to individuals with
40disabilities and individuals residing in remote areas.

P14   1(m) The development of strategies for aligning technology and
2data systems across one-stop partner programs to enhance service
3delivery and improve efficiencies in reporting on performance
4accountability measures, including the design and implementation
5of common intake, data collection, case management information,
6and performance accountability measurement and reporting
7processes and the incorporation of local input into such design and
8implementation, to improve coordination of services across
9one-stop partner programs.

10(n) The development of allocation formulas for the distribution
11of funds for employment and training activities for adults, and
12youth workforce investment activities, to local areas as permitted
13under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
14States Code.

15(o) The preparation of the annual reports described in paragraphs
16(1) and (2) of Section 3141(d) of Title 29 of the United States

18(p) The development of the statewide workforce and labor
19market information system described in Section 49l-2(e) of Title
2029 of the United States Code.

21(q) The development ofbegin delete suchend delete other policies as may promote
22statewide objectives for, and enhance the performance of, the
23workforce development system in the state.

24(r) Helping individuals with barriers to employment, including
25low-skill, low-wage workers, the long-term unemployed, and
26members of single-parent households, achieve economic security
27and upward mobility by implementing policies that encourage the
28attainment of marketable skills relevant to current labor market


SEC. 3.  

Section 14200 of the Unemployment Insurance Code
31 is amended to read:



(a) The local chief elected officials in a local workforce
33development area shall form, pursuant to guidelines established
34by the Governor and the board, a local workforce development
35board to plan and oversee the workforce investment system.

36(b) The Governor shall periodically certify one local board for
37each local area in the state, following the requirements of the
38federal Workforce Innovation and Opportunity Act of 2014.

39(c) The Governor shall establish, through the California
40Workforce Development Board, standards for certification of
P15   1high-performance local workforce development boards. The
2California Workforce Development Board shall, in consultation
3with representatives from local workforce development boards,
4initiate a stakeholder process to determine the appropriate
5measurable metrics and standards for high-performance
6certification. These standards shall be implemented on or before
7January 1, 2013, and the first certification of high-performance
8boards shall occur on or before July 1, 2013. Certification and
9recertification of each high-performance local workforce
10development board shall occur thereafter midway through the
11implementation of the local and regional plans required by the
12Workforce Innovation and Opportunity Act. In order to meet the
13standards for certification, a high-performance local workforce
14development board shall do all of the following:

15(1) Consistently meet or exceed negotiated performance goals
16for all of the measures in each of the three federal Workforce
17Innovation and Opportunity Act of 2014 customer groups, which
18consist of adults, dislocated workers, andbegin delete youth.end deletebegin insert youth, including
19out of school youth.end insert

20(2) Consistently meet the statutory requirements of this division.

21(3) Develop and implement local policies and a local strategic
22plan that meets all of the following requirements:

23(A) Meets all local and regional planning requirements specified
24under the federal Workforce Innovation and Development Act of

26(B) Is consistent with the California Workforce Development
27Board State Plan.

28(C) Describes the actions that the board shall take to implement
29local policies in furtherance of its goals.

30(D) Serves as a written account of intended future courses of
31action aimed at achieving the specific goals of the local and state
32board within a specific timeframe.

33(E) Explains what needs to be done, by whom, and when each
34action is required to occur in order to meet those goals.

35(4) Demonstrate that the local planning process involves key
36stakeholders, including the major employers and industry groups
37in the relevant regional economy and organized labor.

38(5) Demonstrate that the local planning process takes into
39account the entire workforce training pipeline for the relevant
40regional economy, includingbegin insert schools operating with Department
P16   1of Labor partners and otherend insert
partners in K-12 education, career
2technical education, the community college system, other
3 postsecondary institutions, and other local workforce development
4areas operating in relevant regional economy.

5(6) Demonstrate that the local planning process and plan are
6data driven, and that policy decisions at the local level are evidence
7based. Each high-performance local workforce development board
8shall use labor market data to develop and implement the local
9plan, taking care to steer resources into programs and services that
10are relevant to the needs of each workforce development area’s
11relevant regional labor market and high-wage industry sectors.
12Local workforce development areas shall demonstrate an
13evidence-based approach to policymaking by establishing
14performance benchmarks and targets to measure progress toward
15local goals and objectives.

16(7) Demonstrate investment in workforce initiatives, and,
17specifically, training programs that promote skills development
18and career ladders relevant to the needs of each workforce
19investment area’s regional labor market and high-wage industry

21(8) Establish a youth strategy aligned with the needs of each
22workforce investment area’s regional labor market and high-wage
23industry sectors.begin insert This strategy shall also address workforce
24preparation for out of school youth and other individuals facing
25barriers to employment.end insert

26(9) Establish a business service plan that integrates local
27business involvement with workforce initiatives. This plan at a
28minimum shall include all of the following:

29(A) Efforts to partner with businesses to identify the workforce
30training and educational barriers to attract jobs in the relevant
31regional economy, existing skill gaps reducing the competitiveness
32of local businesses in the relevant regional economies, and potential
33emerging industries that would likely contribute to job growth in
34the relevant regional economy if investments were made for
35training and educational programs.

36(B) An electronic system for both businesses and job seekers
37to communicate about job opportunities.

38(C) A subcommittee of the local workforce development board
39that further develops and makes recommendations for the business
40service plan for each local workforce development board in an
P17   1effort to increase employer involvement in the activities of the
2local workforce development board. The subcommittee members
3should be comprised of business representatives on the local
4workforce development board who represent both the leading
5industries and employers in the relevant regional economy and
6potential emerging sectors that have significant potential to
7contribute to job growth in the relevant regional economy if
8investments were made for training and educational programs.

9(d) The Governor and the Legislature, as part of the annual
10budget process, in consultation with the California Workforce
11Development Board, shall annually reserve a portion of the
1215-percent discretionary fund made available pursuant to the
13federal Workforce Innovation and Opportunity Act of 2014 for
14the purpose of providing performance incentives to
15high-performance local workforce development boards. The
16remaining discretionary funds shall continue to be available for
17other discretionary purposes as provided for in the federal
18Workforce Innovation and Opportunity Act of 2014.

19(e) Only a workforce development board that is certified as a
20high-performance local workforce development board by the
21California Workforce Development Board shall be eligible to
22receive any incentive money reserved for high-performance local
23workforce development boards, as described in subdivision (d).
24A board that is not certified as a high-performance local workforce
25development board shall not receive any portion of the money
26reserved for high-performance local workforce development
27boards, as described in subdivision (d).

28(f) The California Workforce Development Board shall establish
29a policy for the allocation of incentive moneys to high-performance
30local workforce development boards.

31(g) To the extent permitted by the Workforce Innovation and
32Opportunity Act of 2014, the California Workforce Development
33Board may consider the utilization of incentive grants, or direct
34assistance, or both, to local workforce development boards for the
35purposes of this section.

36(h) There shall not be a requirement to set aside federal
37Workforce Innovation and Opportunity Act of 2014 funds for the
38purposes of subdivision (d), (e), (f), or (g) in years when the federal
39government significantly reduces the share of federal Workforce
40Innovation and Opportunity Act of 2014 funds appropriated to the
P18   1state for statewide discretionary purposes below the federal
2statutory amount of 15 percent.


SEC. 4.  

Section 14221 of the Unemployment Insurance Code
4 is amended to read:



The local plan shall include all of the following:

6(a) A description of the strategic planning elements consisting
7of each of the following:

8(1) An analysis of the regional economic conditions, including,
9existing and emerging in-demand industry sectors and occupations
10and the employment needs of employers in those industry sectors
11and occupations.

12(2) An analysis of the knowledge and skills needed to meet the
13employment needs of the employers in the region, including
14employment needs in in-demand industry sectors and occupations.

15(3) An analysis of the workforce in the region, including current
16 labor force employment and unemployment data, and information
17on labor market trends, and the educational and skill levels of the
18workforce in the region, including individuals with barriers to

20(4) An analysis of the workforce development activities,
21including education and training, in the region, including an
22analysis of the strengths and weaknesses of such services, and the
23capacity to provide such services, to address the identified
24education and skill needs of the workforce and the employment
25needs of employers in the region.

begin insert

26(5) An analysis of education programs available to out of school
27youth to increase learning gains and earn a diploma from a high
28school accredited by the Western Association of Schools and
29Colleges in partnership with one-stop partners and other core
30 programs.

end insert
begin delete


end delete

32begin insert(6)end insert A description of the local board's strategic vision and goals
33for preparing an educated and skilled workforce, including youth
34and individuals with barriers to employment, including goals
35relating to the performance accountability measures based on
36primary indicators of performance described in Section
373141(b)(2)(A) of Title 29 of the United States Code in order to
38support regional economic growth and economic self-sufficiency.

begin delete


end delete

P19   1begin insert(7)end insert Taking into account analyses described in paragraphs (1) to
2begin delete (4),end deletebegin insert (5),end insert inclusive, a strategy to work with the entities that carry
3out the core programs to align resources available to the local area,
4to achieve the strategic vision and goals described in paragraph
5begin delete (5).end deletebegin insert (6).end insert

6(b) A description of the workforce development system in the
7local area that identifies the programs that are included in that
8system and how the local board will work with the entities carrying
9out core programs and other workforce development programs to
10support alignment to provide services, including programs of study
11authorized under the Carl D. Perkins Career and Technical
12Education Act of 2006 (20 U.S.C. 2301 et seq.), that support the
13strategy identified in the State Plan under Section 3112(b)(1)(E)
14of the Title 29 of the United States Code.

15(c) A description of how the local board, working with the
16entities carrying out core programs, will expand access to
17employment, training, education, and supportive services for
18eligible individuals, particularly eligible individuals with barriers
19to employment, including how the local board will facilitate the
20development of career pathways and co-enrollment, as appropriate,
21in core programs, and improve access to activities leading to a
22recognized postsecondary credential, including a credential that
23is an industry-recognized certificate or certification, portable, and

25(d) A description of the strategies and services that will be used
26in the local area in order to facilitate engagement of employers,
27including small employers and employers in in-demand industry
28sectors and occupations, in workforce development programs,
29support a local workforce development system that meets the needs
30of businesses in the local area, better coordinate workforce
31development programs and economic development, and strengthen
32linkages between the one-stop delivery system and unemployment
33insurance programs. This may include the implementation of
34initiatives such as incumbent worker training programs, on-the-job
35training programs, customized training programs, industry and
36sector strategies, career pathways initiatives, utilization of effective
37business intermediaries, and other business services and strategies,
38designed to meet the needs of employers in the corresponding
39region in support of the strategy described in paragraph (5) of
40subdivision (a).

P20   1(e) A description of how the local board will coordinate
2workforce investment activities carried out in the local area with
3economic development activities carried out in the region in which
4the local area is located, or planning region, and promote
5entrepreneurial skills training and microenterprise services.

6(f) A description of the one-stop delivery system in the local
7area, including all of the following:

8(1) A description of how the local board will ensure the
9continuous improvement of eligible providers of services through
10the system and ensure that such providers meet the employment
11needs of local employers, and workers and jobseekers.

12(2) A description of how the local board will facilitate access
13to services provided through the one-stop delivery system,
14including in remote areas, through the use of technology and
15through other means.

16(3) A description of how entities within the one-stop delivery
17system, including one-stop operators and the one-stop partners,
18will comply with Section 3248 of Title 29 of the United States
19Code, if applicable, and applicable provisions of the Americans
20with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.)
21regarding the physical and programmatic accessibility of facilities,
22programs and services, technology, and materials for individuals
23with disabilities, including providing staff training and support for
24addressing the needs of individuals with disabilities.

25(4) A description of the roles and resource contributions of the
26one-stop partners.

27(g) A description and assessment of the type and availability of
28adult and dislocated worker employment and training activities in
29the local area.

30(h) A description of how the local board will coordinate
31workforce investment activities carried out in the local area with
32statewide rapid response activities, as described in Section
333174(a)(2)(A) of Title 29 of the United States Code.

34(i) A description and assessment of the type and availability of
35youth workforce investment activities in the local area, including
36activities for youth who are individuals with disabilities, which
37description and assessment shall include an identification of
38successful models of such youth workforce investment activities.

39(j) A description of how the local board will coordinate
40education and workforce investment activities carried out in the
P21   1local area with relevant secondary and postsecondary education
2 programs and activities to coordinate strategies, enhance services,
3and avoid duplication of services.

4(k) A description of how the local board will coordinate
5workforce investment activities carried out under this article in
6the local area with the provision of transportation, including public
7transportation, and other appropriate supportive services in the
8local area.

9(l) A description of plans and strategies for, and assurances
10concerning, maximizing coordination of services provided by the
11state employment service under the Wagner-Peyser Act (29 U.S.C.
12Sec. 49 et seq.) and services provided in the local area through the
13one-stop delivery system, to improve service delivery and avoid
14duplication of services.

15(m) A description of how the local board will coordinate
16workforce investment activities carried out in the local area with
17the provision of adult education and literacy activities in the local
18area, including a description of how the local board will carry out,
19consistent with subparagraphs (A) and (B)(i) of Section
203122(d)(11) of Title 29 of the United States Code and Section
213322 of Title 29 of the United States Code, the review of local

23(n) A description of the replicated cooperative agreements, as
24defined in Section 3122(d)(11) of Title 29 of the United States
25Code between the local board or other local entities described in
26Section 101(a)(11)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
27Sec. 721(a)(11)(B)) and the local office of a designated state agency
28or designated state unit administering programs carried out under
29Title I of that act, other than Section 112 or Part C of that Title (29
30U.S.C. Secs. 732 and 741) and subject to Section 3151(f) of Title
3129 of the United States Code, in accordance with Section
32101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C. Sec.
33721(a)(11)) with respect to efforts that will enhance the provision
34of services to individuals with disabilities and to other individuals,
35such as cross training of staff, technical assistance, use and sharing
36of information, cooperative efforts with employers, and other
37efforts at cooperation, collaboration, and coordination.

38(o) An identification of the entity responsible for the disbursal
39of grant funds described in Section 3122(d)(12)(B)(i)(III) of Title
4029 of the United States Code, as determined by the chief elected
P22   1official or the Governor under Section 3122(d)(12)(B)(i) of Title
229 of the United States Code.

3(p) A description of the competitive process to be used to award
4the subgrants and contracts in the local area for activities carried
5out pursuant to this act.

6(q) A description of the local levels of performance negotiated
7with the Governor and chief elected official pursuant to Section
83141(c) of Title 29 of the United States Code, to be used to measure
9the performance of the local area and to be used by the local board
10for measuring the performance of the local fiscal agent, where
11appropriate, eligible providers, and the one-stop delivery system,
12in the local area.

13(r) A description of the actions the local board will take toward
14becoming or remaining a high-performing board, consistent with
15the factors developed by the board pursuant to Section 3111(d)(6)
16of Title 29 of the United States Code. This federal requirement is
17separate and apart from state standards pertaining to the
18certification of high-performance local workforce development

20(s) A description of how training services will be provided in
21accordance with Section 3174(c)(3)(G) of Title 29 of the United
22States Code, including, if contracts for the training services will
23be used, how the use of such contracts will be coordinated with
24the use of individual training accounts and how the local board
25will ensure informed customer choice in the selection of training
26programs regardless of how the training services are to be provided.

27(t) A description of the process used by the local board,
28consistent with subsection (d), to provide an opportunity for public
29comment, including comment by representatives of businesses and
30comment by representatives of labor organizations, and input into
31the development of the local plan, prior to submission of the plan.

32(u) A description of how one-stop centers are implementing and
33transitioning to an integrated, technology-enabled intake and case
34management information system for programs carried out under
35this act and programs carried out by one-stop partners.

36(v) Any other information as the Governor may require.


SEC. 5.  

Section 14230 of the Unemployment Insurance Code
38 is amended to read:



(a) It is the intent of the Legislature that:

P23   1(1) California deliver comprehensive workforce services to
2jobseekers, students, and employers through a system of one-stop
3career centers.

4(2) Services and resources target high-wage industry sectors
5with career advancement opportunities.

6(3) Universal access to career services shall be available to adult
7residents regardless of income, education, employment barriers,
8or other eligibility requirements. Career services shall include, but
9not be limited to:

10(A) Outreach, intake, and orientation to services available
11through the one-stop delivery system.

12(B) Initial assessment of skill levels, aptitudes, abilities, and
13supportive service needs.

14(C) Job search and placement assistance.

15(D) Career counseling, where appropriate.

16(E) Provision of labor market information.

17(F) Provision of program performance and cost information on
18eligible providers of training services and local area performance

20(G) Provision of information on supportive services in the local

22(H) Provision of information on the filing of claims for
23unemployment compensation benefits and unemployment
24 compensation disability benefits.

25(I) Assistance in establishing eligibility for welfare-to-work
26activities pursuant to Section 11325.8 of the Welfare and
27Institutions Code, and financial aid assistance.

28(J) Comprehensive and specialized assessments of skill levels
29and service needs, including learning disability screening.

30(K) Development of individual employment plans.

31(L) Counseling.

32(M) Career planning.

33(N) Short-term prevocational services to prepare an individual
34for training or employment.

35(4) State and federally funded workforce education, training,
36and employment programs shall be integrated in the one-stop
37delivery system to achieve universal access to the career services
38described in paragraph (3).

39(5) Training services shall be made available to individuals who
40have met the requirements for career services, have been unable
P24   1to obtain or retain employment through career services, are in need
2of training services to obtain or retain employment that leads to
3economic self-sufficiency or wages comparable to, or higher than,
4wages from previous employment, have the skills and qualifications
5to successfully participate in the training, and have selected a
6program of services directly linked to occupations in demand in
7the local or regional area. Training services may include:

8(A) Occupational skill training including training for
9nontraditional employment.

10(B) On-the-job training.

11(C) Programs that combine workplace training with related

13(D) Training programs operated by the private sector.

14(E) Skill upgrading and retraining.

15(F) Entrepreneurial training.

16(G) Incumbent worker training, in accordance with Section
17134(d)(4) of the Workforce Innovation and Opportunity Act.

18(H) Transitional jobs, in accordance with Section 134(d)(5) of
19the Workforce Innovation and Opportunity Act.

20(I) Job readiness training, provided in combination with any
21service under subparagraphs (A) to (H), inclusive.

22(J) Adult education and literacy activities, including vocational
23English as a second language, provided in combination with
24subparagraphs (A) through (G), inclusive.

25(K) Customized training conducted by an employer or a group
26of employers or a labor-management training partnership with a
27commitment to employ an individual upon completion of the

29(6) As prescribed in the Workforce Innovation and Opportunity
30Act, adult recipients of public assistance, other low-income adults,
31and individuals who are basic skillsbegin delete deficientend deletebegin insert deficient, including
32out of school youth,end insert
shall be given priority for training services
33 and career services described in Section 134(d)(2)(A)(xii) of the
34Workforce Innovation and Opportunity Act.

35(b) Each local workforce development board shall establish at
36least one full service one-stop career center in the local workforce
37development area. Each full service one-stop career center shall
38have all entities required to be partners in Section 3151 of Title
3929 of the United States Code as partners and shall provide
40jobseekers with integrated employment, education, training, and
P25   1job search services. Additionally, employers will be provided with
2access to comprehensive career and labor market information, job
3placement, economic development information, performance and
4program information on service providers, and other such services
5as the businesses in the community may require.

6(c) Local boards may also establish affiliated and specialized
7centers, as defined in the Workforce Innovation and Opportunity
8Act of 2014, which shall act as portals into the larger local one-stop
9system, but are not required to have all of the partners specified
10for full service one-stop centers.

11(d) Each local board shall develop a policy for identifying
12individuals who, because of their skills or experience, should be
13referred immediately to training services. To the extent permitted
14under the Workforce Innovation and Opportunity Act of 2014, this
15policy, along with the methods for referral of individuals between
16the one-stop operators and the one-stop partners for appropriate
17services and activities, shall be contained in the memorandum of
18understanding between the local board and the one-stop partners.

19(e) The California Workforce Development Board and each
20local board shall ensure that programs and services funded by the
21Workforce Innovation and Opportunity Act of 2014 and directed
22to apprenticeable occupations, including preapprenticeship training,
23are conducted, to the maximum extent feasible, in coordination
24with one or more apprenticeship programs approved by the
25Division of Apprenticeship Standards for the occupation and
26geographic area. The California Workforce Development Board
27and each local board shall also develop a policy of fostering
28collaboration between community colleges and approved
29apprenticeship programs in the geographic area to provide
30preapprenticeship training, apprenticeship training, and continuing
31education in apprenticeable occupations through the approved
32apprenticeship programs.

33(f) In light of California’s diverse population, each one-stop
34career center should have the capacity to provide the appropriate
35services to the full range of languages and cultures represented in
36the community served by the one-stop career center.


SEC. 6.  

Section 14231 of the Unemployment Insurance Code
38 is amended to read:



(a) The local providers of the following programs or
40activities shall be required partners in the local one-stop system:

P26   1(1) Programs authorized under Title I of the Workforce
2Innovation and Opportunity Act.

3(2) Programs authorized under the Wagner-Peyser Act (29
4U.S.C. Sec. 49 et seq.).

5(3) Adult education and literacy activities authorized under Title
6II of the Workforce Innovation and Opportunity Act.

7(4) Programs authorized under Title I of the Rehabilitation Act
8of 1973 (29 U.S.C. Sec. 720 et seq.) other than Section 112 or Part
9C of the act (29 U.S.C. Sec. 732 and 741).

10(5) Activities authorized under Title V of the Older Americans
11Act of 1965 (42 U.S.C. Sec. 3056 et seq.).

12(6) Career and technical education programs at the
13postsecondary level authorized under the Carl D. Perkins Career
14and Technical Education Act of 2006 (20 U.S.C. Sec. 2301 et seq.).

15(7) Activities authorized under Chapter 2 of Title II of the Trade
16Act of 1974 (19 U.S.C. Sec. 2271 et seq.).

17(8) Activities authorized under Chapter 41 (commencing with
18Section 4100) of Title 38 of the United States Code.

19(9) Employment and training activities carried out under the
20Community Services Block Grant Act (42 U.S.C. Sec. 9901 et

22(10) Employment and training activities carried out by the
23Department of Housing and Urban Development.

24(11) Programs authorized by this code, in accordance with
25applicable federal law.

26(12) Programs authorized under Section 212 of the Second
27Chance Act of 2007 (42 U.S.C. Sec. 17532).

28(13) Programs authorized under Part A of Title IV of the Social
29Security Act (42 U.S.C. Sec. 601 et seq.).

begin insert

30(14) Programs that serve out of school youth through exclusive
31partnerships between secondary schools and any of the following:

end insert
begin insert

32(A) The California Workforce Development Board or local
33workforce development board.

end insert
begin insert

34(B) Federally affiliated Youth Build programs.

end insert
begin insert

35(C) Federal job corps training or instruction provided pursuant
36to a memorandum of understanding with the federal provider.

end insert
begin insert

37(D) The California Conservation Corp or local conservation
38corps certified by the California Conservation Corp pursuant to
39Section 14406 or 14507.5 of the Public Resources Code.

end insert

P27   1(b) Community-based organizations that provide career services
2as described in subparagraphs (J) to (N), inclusive, of paragraph
3(1) of subdivision (a) of Section 14230, shall be encouraged to be
4one-stop partners.


SEC. 7.  

Section 14510 of the Unemployment Insurance Code
6 is amended to read:



To the extent permitted by federal law, schoolbegin delete districts
8andend delete
begin insert districts,end insert county offices of educationbegin insert, and secondary schools
9that provide instruction exclusively in partnership with any of the
10entities or programs described in paragraph (14) of subdivision
11(a) of Section 14231end insert
begin insert,end insert are eligible to apply to local workforce
12development boards to provide basic skills training and skills
13necessary for attaining a secondary school diploma.begin insert However, the
14boards shall prioritize funding for basic skills training and skills
15necessary for attaining a secondary school diploma from a school
16accredited by the Western Association of Schools and Colleges.end insert


SEC. 8.  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.