Amended in Assembly March 29, 2016

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,begin delete 14231,end delete and 14510 of the Unemployment Insurance Code, relating to workforce development.


AB 2719, as amended, 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.begin delete 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.end deletebegin insert Existing law provides that school districts and county offices of education are eligible to apply to local workforce development boards to provide basic skills training and skills necessary for attaining a secondary school diploma.end insert

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.begin delete 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.end delete By increasing the duties of local officials, this bill would impose a state-mandated local program.begin insert The bill would instead provide that school districts, county offices of education, and secondary schools that provide instruction exclusively in partnership with specified programs are eligible to apply to local workforce development boards to provide basic skills training and skills necessary for attaining a secondary school diploma, as specified.end insert

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:

P3    1


Section 14005 of the Unemployment Insurance
is amended to read:



For purposes of this division:

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

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

8(c) “Career pathways,” “career ladders,” or “career lattices” are
9an identified series of positions, work experiences, or educational
10benchmarks or credentials with multiple access points that offer
11occupational and financial advancement within a specified career
12field or related fields over time. “Career pathways,” “career
13ladders,” and “career lattices” offer combined programs of rigorous
14and high-quality education, training, and other services that do all
15of the following:

16(1) Align with the skill needs of industries in the economy of
17the state or regional economy involved.

18(2) Prepare an individual to be successful in any of a full range
19of secondary or postsecondary education options, including
20apprenticeships registered under the National Apprenticeship Act
21of 1937 (29 U.S.C. Sec. 50 et seq.), except as in Section 3226 of
22Title 29 of the United States Code.

23(3) Include counseling to support an individual in achieving the
24individual’s education and career goals.

25(4) Include, as appropriate, education offered concurrently with
26and in the same context as workforce preparation activities and
27training for a specific occupation or occupational cluster.

28(5) Organize education, training, and other services to meet the
29particular needs of an individual in a manner that accelerates the
30educational and career advancement of the individual to the extent

32(6) Enable an individual to attain a secondary school diploma
33or its recognized equivalent, and at least one recognized
34postsecondary credential.

P4    1(7) Help an individual enter or advance within a specific
2occupation or occupational cluster.

3(d) “Cluster-based sector strategies” mean methods of focusing
4workforce and economic development on those sectors that have
5demonstrated a capacity for economic growth and job creation in
6a particular geographic area.

7(e) “Data driven” means a process of making decisions about
8investments and policies based on systematic analysis of data,
9which may include data pertaining to labor markets.

10(f) “Economic security” means, with respect to a worker, earning
11a wage sufficient to support a family adequately, and, over time,
12to save for emergency expenses and adequate retirement income,
13based on factors such as household size, the cost of living in the
14worker’s community, and other factors that may vary by region.

15(g) “Evidence-based” means making use of policy research as
16a basis for determining best policy practices. Evidence-based
17policymakers adopt policies that research has shown to produce
18positive outcomes, in a variety of settings, for a variety of
19populations over time. Successful, evidence-based programs deliver
20quantifiable and sustainable results. Evidence-based practices
21differ from approaches that are based on tradition, belief,
22convention, or anecdotal evidence.

23(h) “High-priority occupations” mean occupations that have a
24significant presence in a targeted industry sector or industry cluster,
25are in demand, or projected to be in demand, by employers, and
26pay or lead to payment of a wage that provides economic security.

27(i) (1) “In-demand industry sector or occupation” means either
28of the following:

29(A) An industry sector that has a substantial current or potential
30impact, including through jobs that lead to economic
31self-sufficiency and opportunities for advancement, on the state,
32regional, or local economy, as appropriate, and that contributes to
33the growth or stability of other supporting businesses, or the growth
34of other industry sectors.

35(B) An occupation that currently has or is projected to have a
36number of positions, including positions that lead to economic
37self-sufficiency and opportunities for advancement, in an industry
38sector so as to have a significant impact on the state, regional, or
39local economy, as appropriate.

P5    1(2) The determination of whether an industry sector or
2occupation is “in-demand” under this subdivision shall be made
3by the board or local board, or through the regional planning
4process in which local boards participate under the Workforce
5Innovation and Opportunity Act, as appropriate, using state and
6regional business and labor market projections, including the use
7of labor market information.

8(j) “Individual with employment barriers” means an individual
9with any characteristic that substantially limits an individual’s
10ability to obtain employment, including indicators of poor work
11history, lack of work experience, or access to employment in
12nontraditional occupations, long-term unemployment, lack of
13educational or occupational skills attainment, dislocation from
14high-wage and high-benefit employment, low levels of literacy or
15English proficiency, disability status, or welfare dependency,
16including members of all of the following groups:

17(1) Displaced homemakers.

18(2) Low-income individuals.

19(3) Indians, Alaska Natives, and Native Hawaiians, as those
20terms are defined in Section 3221 of Title 29 of the United States

22(4) Individuals with disabilities, including youths who are
23individuals with disabilities.

24(5) Older individuals.

25(6) Ex-offenders.

26(7) Homeless individuals, as defined in Section 14043e-2(6) of
27Title 42 of the United States Code, or homeless children and
28youths, as defined in Section 11434a(2) of Title 42 of the United
29States Code.

30(8) Youth who are in, or have aged out of, the foster care system.

31(9) Individuals who are English language learners, individuals
32who have low levels of literacy, and individuals facing substantial
33cultural barriers.

34(10) Eligible migrant and seasonal farmworkers, as defined in
35Section 3322(i) of Title 29 of the United States Code.

36(11) Individuals within two years of exhausting lifetime
37eligibility under Part A of Title IV of the Social Security Act (42
38 U.S.C. Sec. 601 et seq.).

39(12) Single parents, including single, pregnant women.

40(13) Long-term unemployed individuals.

P6    1(14) Out of school youth.

2(15) Any other groups as the Governor determines to have
3barriers to employment.

4(k) “Industry cluster” means a geographic concentration or
5emerging concentration of interdependent industries with direct
6service, supplier, and research relationships, or independent
7industries that share common resources in a given regional
8economy or labor market. An industry cluster is a group of
9employers closely linked by common product or services,
10workforce needs, similar technologies, and supply chains in a given
11regional economy or labor market.

12(l) “Industry or sector partnership” means a workforce
13collaborative, convened or acting in partnership with the board or
14a local board, that does the following:

15(1) Organizes key stakeholders in an industry cluster into a
16working group that focuses on the shared goals and human
17resources needs of the industry cluster and that includes, at the
18appropriate stages of development of the partnership:

19(A) Representatives of multiple businesses or other employers
20in the industry cluster, including small and medium-sized
21employers when practicable.

22(B) One or more representatives of a recognized state labor
23organization or central labor council, or another labor
24representative, as appropriate.

25(C) One or more representatives of an institution of higher
26education with, or another provider of, education or training
27programs that support the industry cluster.

28(2) The workforce collaborative may include representatives of
29any of the following:

30(A) State or local government.

31(B) State or local economic development agencies.

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

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

35(E) Other state or local agencies.

36(F) Business or trade associations.

37(G) Economic development organizations.

38(H) Nonprofit organizations, community-based organizations,
39or intermediaries.

40(I) Philanthropic associations.

P7    1(J) Industry associations.

2(K) Other organizations, as determined to be necessary by the
3members comprising the industry sector or partnership.

4(m) “Industry sector” means those firms that produce similar
5products or provide similar services using somewhat similar
6business processes, and are closely linked by workforce needs,
7within a regional labor market.

8(n) “Local labor federation” means a central labor council that
9is an organization of local unions affiliated with the California
10Labor Federation or a local building and construction trades council
11affiliated with the State Building and Construction Trades Council
12of California.

13(o) “Sector strategies” means methods of prioritizing
14investments in competitive and emerging industry sectors and
15industry clusters on the basis of labor market and other economic
16data indicating strategic growth potential, especially with regard
17to jobs and income, and exhibit the following characteristics:

18(1) Focus workforce investment in education and workforce
19training programs that are likely to lead to jobs providing economic
20security or to an entry-level job with a well-articulated career
21pathway into a job providing economic security.

22(2) Effectively boost labor productivity or reduce business
23barriers to growth and expansion stemming from workforce supply
24problems, including skills gaps and occupational shortages by
25directing resources and making investments to plug skills gaps
26and provide education and training programs for high-priority

28(3) May be implemented using articulated career pathways or
29lattices and a system of stackable credentials.

30(4) May target underserved communities, disconnected youths,
31incumbent workers, and recently separated military veterans.

32(5) Frequently are implemented using industry or sector

34(6) Typically are implemented at the regional level where sector
35firms, those employers described in subdivisions (j) and (l), often
36share a common labor market and supply chains. However, sector
37strategies may also be implemented at the state or local level
38depending on sector needs and labor market conditions.

39(p) “Workforce Innovation and Opportunity Act of 2014” means
40the federal act enacted as Public Law 113-128.

P8    1(q) (1) “Earn and learn” includes, but is not limited to, a
2program that does either of the following:

3(A) Combines applied learning in a workplace setting with
4compensation allowing workers or students to gain work experience
5and secure a wage as they develop skills and competencies directly
6relevant to the occupation or career for which they are preparing.

7(B) Brings together classroom instruction with on-the-job
8training to combine both formal instruction and actual paid work

10(2) “Earn and learn” programs include, but are not limited to,
11all of the following:

12(A) Apprenticeships.

13(B) Preapprenticeships.

14(C) Incumbent worker training.

15(D) Transitional and subsidized employment, particularly for
16individuals with barriers to employment.

17(E) Paid internships and externships.

18(F) Project-based compensated learning.

19(r) “Out of school youth” means an individual who is 16 years
20of age or older, but not more than 24 years of age and is a school
21dropout or is within the age of compulsory school attendance, but
22has not attended school for at least the most recent 90 days of the
23school calendar or otherwise meets the definition in Section
243164(a)(1)(B) of Title 29 of the United States Code.

25(s) “Local workforce development system stakeholders” means
26owners of businesses or other business executives with
27policymaking or hiring authority, representatives of local area
28labor organizations, representatives of community-based
29organizations that have demonstrated experience in addressing the
30employment needs of individuals with barriers to employment,
31and representatives of area schools and colleges including, but not
32limited to schools that serve out of school youth through exclusive
33partnerships with any of the following:

34(1) The California Workforce Development Board or local
35workforce development board.

36(2) Federally affiliated Youth Build programs.

37(3) Federal job corps training or instruction provided pursuant
38to a memorandum of understanding with the federal provider.

P9    1(4) The California Conservation Corp or local conservation
2corps certified by the California Conservation Corp pursuant to
3Section 14406 or 14507.5 of the Public Resources Code.


SEC. 2.  

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



The board shall assist the Governor in the following:

7(a) Promoting the development of a well-educated and highly
8skilled 21st century workforce.

9(b) Developing, implementing, and modifying the State Plan.
10The State Plan shall serve as the comprehensive framework and
11coordinated plan for the aligned investment of all federal and state
12workforce training and employment services funding streams and
13programs. To the extent feasible and when appropriate, thebegin delete state
14planend delete
begin insert State Planend insert should reinforce and work with adult education
15and career technical education efforts that are responsive to labor
16market trends.

17(c) The review of statewide policies, of statewide programs,
18and of recommendations on actions that should be taken by the
19state to align workforce, education, training, and employment
20funding programs in the state in a manner that supports a
21comprehensive and streamlined workforce development system
22in the state, including the review and provision of comments on
23the State Plan, if any, for programs and activities of one-stop
24partners that are not core programs.

25(d) Developing and continuously improving the statewide
26workforce investment system, including:

27(1) The identification of barriers and means for removing
28barriers to better coordinate, align, and avoid duplication among
29the programs and activities carried out through the system.

30(2) The development of strategies to support the use of career
31pathways for the purpose of providing individuals, including
32low-skilled adults, youth, and individuals with barriers to
33employment, including individuals with disabilities and out of
34school youth, with workforce investment activities, education, and
35supportive services to enter or retain employment. To the extent
36permissible under state and federal laws, these policies and
37strategies should support linkages between kindergarten and grades
381 to 12, inclusive, and community college educational systems in
39order to help secure educational and career advancement. These
40policies and strategies may be implemented using a sector strategies
P10   1framework and should ultimately lead to placement in a job
2providing economic security or job placement in an entry-level
3job that has a well-articulated career pathway or career ladder to
4 a job providing economic security.

5(3) The development of strategies for providing effective
6outreach to and improved access for individuals, including
7individuals with barriers to employment, and employers who could
8benefit from services provided through the workforce development

10(4) The development and expansion of strategies for meeting
11the needs of employers, workers, and jobseekers, particularly
12through industry or sector partnerships related to in-demand
13industry sectors and occupations, including policies targeting
14resources to competitive and emerging industry sectors and industry
15clusters that provide economic security and are either high-growth
16sectors or critical to California’s economy, or both. These industry
17sectors and clusters shall have significant economic impacts on
18the state and its regional and workforce development needs and
19have documented career opportunities.

20(5) Recommending adult and dislocated worker training policies
21and investments that offer a variety of career opportunities while
22upgrading the skills of California’s workforce. These may include
23training policies and investments pertaining to any of the following:

24(A) Occupational skills training, including training for
25nontraditional employment.

26(B) On-the-job training.

27(C) Incumbent worker training in accordance with Section
283174(d)(4) of Title 29 of the United States Code.

29(D) Programs that combine workplace training with related
30instruction, which may include cooperative education programs.

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

32(F) Skill upgrading and retraining.

33(G) Entrepreneurial training.

34(H) Transitional jobs in accordance with Section 3174 (d)(5)
35of Title 29 of the United States Code.

36(I) Job readiness training provided in combination with any of
37the services described in subparagraphs (A) to (H), inclusive.

38(J) Adult education and literacy activities provided in
39combination with any of the services described in subparagraphs
40(A) to (G), inclusive.

P11   1(K) Customized training conducted with a commitment by an
2employer or group of employers to employ an individual upon
3successful completion of the training.

4(L) California high school diplomas from schools accredited
5by the Western Association of Schools and Colleges.

6(e) The identification of regions, including planning regions,
7for the purposes of Section 3121(a) of Title 29 of the United States
8Code, and the designation of local areas under Section 3121 of
9Title 29 of the United States Code, after consultation with local
10boards and chief elected officials.

11(f) The development and continuous improvement of the
12one-stop delivery system in local areas, including providing
13assistance to local boards, one-stop operators, one-stop partners,
14and providers with planning and delivering services, including
15training services and supportive services, to support effective
16delivery of services to workers, job seekers, entrepreneurs, and

18(g) Recommending strategies to the Governor for strategic
19training investments of the Governor’s 15-percent discretionary

21(h) Developing strategies to support staff training and awareness
22across programs supported under the workforce development

24(i) The development and updating of comprehensive state
25performance accountability measures, including state adjusted
26levels of performance, to assess the effectiveness of the core
27programs in the state as required under Section 3141(b) of Title
2829 of the United States Code. As part of this process the board
29shall do all of the following:

30(1) Develop a workforce metrics dashboard, to be updated
31annually, that measures the state’s human capital investments in
32workforce development to better understand the collective impact
33of these investments on the labor market. The workforce metrics
34dashboard shall be produced using existing available data and
35resources that are currently collected and accessible to state
36agencies. The board shall convene workforce program partners to
37develop a standardized set of inputs and outputs for the workforce
38metrics dashboard. The workforce metrics dashboard shall do all
39of the following:

P12   1(A) Provide a status report on credential attainment, including
2the attainment of California high school diplomas by out of school
3youth from a school accredited by the Western Association of
4Schools and Colleges, training completion, degree attainment, and
5participant earnings from workforce education and training
6programs. The board shall publish and distribute the final report.

7(B) Request an opportunity to present relevant portions of the
8final report, including summary data and performance metrics, at
9least once a calendar year to the State Board of Education and the
10California Community College Board.

11(C) Provide demographic breakdowns, including, to the extent
12possible, race, ethnicity, age, gender, veteran status, wage and
13credential or degree outcomes, and information on workforce
14outcomes in different industry sectors.

15(D) Measure, at a minimum and to the extent feasible with
16existing resources, the performance of the following workforce
17programs: community college career technical education, the
18Employment Training Panel, Title I and Title II of the federal
19Workforce Investment Act of 1998, Trade Adjustment Assistance,
20and state apprenticeship programs.

21(E) Measure participant earnings in California, and to the extent
22feasible, in other states. The Employment Development Department
23shall assist the board by calculating aggregated participant earnings
24using unemployment insurance wage records, without violating
25any applicable confidentiality requirements.

26(2) The State Department of Education is hereby authorized to
27collect the social security numbers of adults participating in adult
28education programs so that accurate participation in those programs
29can be represented in the report card. However, an individual shall
30not be denied program participation if he or she refuses to provide
31a social security number. The State Department of Education shall
32keep this information confidential and shall only use this
33information for tracking purposes, in compliance with all applicable
34state and federal law.

35(3) (A) Participating workforce programs, as specified in
36subparagraph (D) of paragraph (1), shall provide participant data
37in a standardized format to the Employment Development

39(B) The Employment Development Department shall aggregate
40data provided by participating workforce programs and shall report
P13   1the data, organized by demographics, earnings, and industry of
2employment, to the board to assist the board in producing the
3annual workforce metrics dashboard.

4(j) The identification and dissemination of information on best
5practices, including best practices for all of the following:

6(1) The effective operation of one-stop centers, relating to the
7use of business outreach, partnerships, and service delivery
8strategies, including strategies for serving individuals with barriers
9to employment.

10(2) The development of effective local boards, which may
11include information on factors that contribute to enabling local
12boards to exceed negotiated local levels of performance, sustain
13fiscal integrity, and achieve other measures of effectiveness.

14(3) Effective training programs that respond to real-time labor
15market analysis, that effectively use direct assessment and prior
16learning assessment to measure an individual’s prior knowledge,
17skills, competencies, and experiences, and that evaluate such skills,
18and competencies for adaptability, to support efficient placement
19into employment or career pathways.

20(k) The development and review of statewide policies affecting
21the coordinated provision of services through the state’s one-stop
22delivery system described in Section 3151(e) of Title 29 of the
23United States Code, including the development of all of the

25(1) Objective criteria and procedures for use by local boards in
26assessing the effectiveness and continuous improvement of
27one-stop centers described in Section 3151(e) of Title 29 of the
28United States Code.

29(2) Guidance for the allocation of one-stop center infrastructure
30funds under Section 3151(h) of Title 29 of the United States Code.

31(3) Policies relating to the appropriate roles and contributions
32of entities carrying out one-stop partner programs within the
33one-stop delivery system, including approaches to facilitating
34equitable and efficient cost allocation in such a system.

35(l) The development of strategies for technological
36improvements to facilitate access to, and improve the quality of,
37services and activities provided through the one-stop delivery
38system, including such improvements to all of the following:

P14   1(1) Enhance digital literacy skills, as defined in Section 9101
2of Title 20 of the United States Code, referred to in this division
3as “digital literacy skills.”

4(2) Accelerate the acquisition of skills and recognized
5postsecondary credentials by participants.

6(3) Strengthen the professional development of providers and
7workforce professionals.

8(4) Ensure the technology is accessible to individuals with
9disabilities and individuals residing in remote areas.

10(m) The development of strategies for aligning technology and
11data systems across one-stop partner programs to enhance service
12delivery and improve efficiencies in reporting on performance
13accountability measures, including the design and implementation
14of common intake, data collection, case management information,
15and performance accountability measurement and reporting
16processes and the incorporation of local input into such design and
17implementation, to improve coordination of services across
18one-stop partner programs.

19(n) The development of allocation formulas for the distribution
20of funds for employment and training activities for adults, and
21youth workforce investment activities, to local areas as permitted
22under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
23States Code.

24(o) The preparation of the annual reports described in paragraphs
25(1) and (2) of Section 3141(d) of Title 29 of the United States

27(p) The development of the statewide workforce and labor
28market information system described in Section 49l-2(e) of Title
2929 of the United States Code.

30(q) The development of other policies as may promote statewide
31objectives for, and enhance the performance of, the workforce
32development system in the state.

33(r) Helping individuals with barriers to employment, including
34low-skill, low-wage workers, the long-term unemployed, and
35members of single-parent households, achieve economic security
36and upward mobility by implementing policies that encourage the
37attainment of marketable skills relevant to current labor market


SEC. 3.  

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

P15   1


(a) The local chief elected officials in a local workforce
2development area shall form, pursuant to guidelines established
3by the Governor and the board, a local workforce development
4board to plan and oversee the workforce investment system.

5(b) The Governor shall periodically certify one local board for
6each local area in the state, following the requirements of the
7federal Workforce Innovation and Opportunity Act of 2014.

8(c) The Governor shall establish, through the California
9Workforce Development Board, standards for certification of
10high-performance local workforce development boards. The
11California Workforce Development Board shall, in consultation
12with representatives from local workforce development boards,
13initiate a stakeholder process to determine the appropriate
14measurable metrics and standards for high-performance
15certification. These standards shall be implemented on or before
16January 1, 2013, and the first certification of high-performance
17boards shall occur on or before July 1, 2013. Certification and
18recertification of each high-performance local workforce
19development board shall occur thereafter midway through the
20implementation of the local and regional plans required by the
21Workforce Innovation and Opportunity Act. In order to meet the
22standards for certification, a high-performance local workforce
23development board shall do all of the following:

24(1) Consistently meet or exceed negotiated performance goals
25for all of the measures in each of the three federal Workforce
26Innovation and Opportunity Act of 2014 customer groups, which
27consist of adults, dislocated workers, and youth, including out of
28school youth.

29(2) Consistently meet the statutory requirements of this division.

30(3) Develop and implement local policies and a local strategic
31plan that meets all of the following requirements:

32(A) Meets all local and regional planning requirements specified
33under the federal Workforce Innovation and Development Act of

35(B) Is consistent with the California Workforce Development
36Board State Plan.

37(C) Describes the actions that the board shall take to implement
38local policies in furtherance of its goals.

P16   1(D) Serves as a written account of intended future courses of
2action aimed at achieving the specific goals of the local and state
3board within a specific timeframe.

4(E) Explains what needs to be done, by whom, and when each
5action is required to occur in order to meet those goals.

6(4) Demonstrate that the local planning process involves key
7stakeholders, including the major employers and industry groups
8in the relevant regional economy and organized labor.

9(5) Demonstrate that the local planning process takes into
10account the entire workforce training pipeline for the relevant
11regional economy, including schools operating with Department
12of Labor partners and other partners in K-12 education, career
13technical education, the community college system, other
14postsecondary institutions, and other local workforce development
15areas operating inbegin insert aend insert relevant regional economy.

16(6) Demonstrate that the local planning process and plan are
17data driven, and that policy decisions at the local level are evidence
18based. Each high-performance local workforce development board
19shall use labor market data to develop and implement the local
20plan, taking care to steer resources into programs and services that
21are relevant to the needs of each workforce development area’s
22relevant regional labor market and high-wage industry sectors.
23Local workforce development areas shall demonstrate an
24evidence-based approach to policymaking by establishing
25performance benchmarks and targets to measure progress toward
26local goals and objectives.

27(7) Demonstrate investment in workforce initiatives, and,
28specifically, training programs that promote skills development
29and career ladders relevant to the needs of each workforce
30investment area’s regional labor market and high-wage industry

32(8) Establish a youth strategy aligned with the needs of each
33workforce investment area’s regional labor market and high-wage
34industry sectors. This strategy shall also address workforce
35preparation for out of school youth and other individuals facing
36barriers to employment.

37(9) Establish a business service plan that integrates local
38business involvement with workforce initiatives. This plan at a
39minimum shall include all of the following:

P17   1(A) Efforts to partner with businesses to identify the workforce
2training and educational barriers to attract jobs in the relevant
3regional economy, existing skill gaps reducing the competitiveness
4of local businesses in the relevant regional economies, and potential
5emerging industries that would likely contribute to job growth in
6the relevant regional economy if investments were made for
7training and educational programs.

8(B) An electronic system for both businesses and job seekers
9to communicate about job opportunities.

10(C) A subcommittee of the local workforce development board
11that further develops and makes recommendations for the business
12service plan for each local workforce development board in an
13effort to increase employer involvement in the activities of the
14local workforce development board. The subcommittee members
15should be comprised of business representatives on the local
16workforce development board who represent both the leading
17industries and employers in the relevant regional economy and
18potential emerging sectors that have significant potential to
19contribute to job growth in the relevant regional economy if
20investments were made for training and educational programs.

21(d) The Governor and the Legislature, as part of the annual
22budget process, in consultation with the California Workforce
23Development Board, shall annually reserve a portion of the
2415-percent discretionary fund made available pursuant to the
25federal Workforce Innovation and Opportunity Act of 2014 for
26the purpose of providing performance incentives to
27high-performance local workforce development boards. The
28remaining discretionary funds shall continue to be available for
29other discretionary purposes as provided for in the federal
30Workforce Innovation and Opportunity Act of 2014.

31(e) Only a workforce development board that is certified as a
32high-performance local workforce development board by the
33California Workforce Development Board shall be eligible to
34receive any incentive money reserved for high-performance local
35workforce development boards, as described in subdivision (d).
36A board that is not certified as a high-performance local workforce
37development board shall not receive any portion of the money
38reserved for high-performance local workforce development
39boards, as described in subdivision (d).

P18   1(f) The California Workforce Development Board shall establish
2a policy for the allocation of incentive moneys to high-performance
3local workforce development boards.

4(g) To the extent permitted by the Workforce Innovation and
5Opportunity Act of 2014, the California Workforce Development
6Board may consider the utilization of incentive grants, or direct
7assistance, or both, to local workforce development boards for the
8purposes of this section.

9(h) There shall not be a requirement to set aside federal
10Workforce Innovation and Opportunity Act of 2014 funds for the
11purposes of subdivision (d), (e), (f), or (g) in years when the federal
12government significantly reduces the share of federal Workforce
13Innovation and Opportunity Act of 2014 funds appropriated to the
14state for statewide discretionary purposes below the federal
15statutory amount of 15 percent.


SEC. 4.  

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



The local plan shall include all of the following:

19(a) A description of the strategic planning elements consisting
20of each of the following:

21(1) An analysis of the regional economic conditions, including,
22existing and emerging in-demand industry sectors and occupations
23and the employment needs of employers in those industry sectors
24and occupations.

25(2) An analysis of the knowledge and skills needed to meet the
26employment needs of the employers in the region, including
27employment needs in in-demand industry sectors and occupations.

28(3) An analysis of the workforce in the region, including current
29 labor force employment and unemployment data, and information
30on labor market trends, and the educational and skill levels of the
31workforce in the region, including individuals with barriers to

33(4) An analysis of the workforce development activities,
34including education and training, in the region, including an
35analysis of the strengths and weaknesses of such services, and the
36capacity to provide such services, to address the identified
37education and skill needs of the workforce and the employment
38needs of employers in the region.

39(5) An analysis of education programs available to out of school
40youth to increase learning gains and earn a diploma from a high
P19   1school accredited by the Western Association of Schools and
2Colleges in partnership with one-stop partners and other core

4(6) A description of the local board's strategic vision and goals
5for preparing an educated and skilled workforce, including youth
6and individuals with barriers to employment, including goals
7relating to the performance accountability measures based on
8primary indicators of performance described in Section
93141(b)(2)(A) of Title 29 of the United States Code in order to
10support regional economic growth and economic self-sufficiency.

11(7) Taking into account analyses described in paragraphs (1) to
12(5), inclusive, a strategy to work with the entities that carry out
13the core programs to align resources available to the local area, to
14achieve the strategic vision and goals described in paragraph (6).

15(b) A description of the workforce development system in the
16local area that identifies the programs that are included in that
17system and how the local board will work with the entities carrying
18out core programs and other workforce development programs to
19support alignment to provide services, including programs of study
20authorized under the Carl D. Perkins Career and Technical
21Education Act of 2006 (20 U.S.C. 2301 et seq.), that support the
22strategy identified in the State Plan under Section 3112(b)(1)(E)
23of the Title 29 of the United States Code.

24(c) A description of how the local board, working with the
25entities carrying out core programs, will expand access to
26employment, training, education, and supportive services for
27eligible individuals, particularly eligible individuals with barriers
28to employment, including how the local board will facilitate the
29development of career pathways and co-enrollment, as appropriate,
30in core programs, and improve access to activities leading to a
31recognized postsecondary credential, including a credential that
32is an industry-recognized certificate or certification, portable, and

34(d) A description of the strategies and services that will be used
35in the local area in order to facilitate engagement of employers,
36including small employers and employers in in-demand industry
37sectors and occupations, in workforce development programs,
38support a local workforce development system that meets the needs
39of businesses in the local area, better coordinate workforce
40development programs and economic development, and strengthen
P20   1linkages between the one-stop delivery system and unemployment
2insurance programs. This may include the implementation of
3initiatives such as incumbent worker training programs, on-the-job
4training programs, customized training programs, industry and
5sector strategies, career pathways initiatives, utilization of effective
6business intermediaries, and other business services and strategies,
7designed to meet the needs of employers in the corresponding
8region in support of the strategy described in paragraph (5) of
9 subdivision (a).

10(e) A description of how the local board will coordinate
11workforce investment activities carried out in the local area with
12economic development activities carried out in the region in which
13the local area is located, or planning region, and promote
14entrepreneurial skills training and microenterprise services.

15(f) A description of the one-stop delivery system in the local
16area, including all of the following:

17(1) A description of how the local board will ensure the
18continuous improvement of eligible providers of services through
19the system and ensure that such providers meet the employment
20needs of local employers, and workers and jobseekers.

21(2) A description of how the local board will facilitate access
22to services provided through the one-stop delivery system,
23including in remote areas, through the use of technology and
24through other means.

25(3) A description of how entities within the one-stop delivery
26system, including one-stop operators and the one-stop partners,
27will comply with Section 3248 of Title 29 of the United States
28Code, if applicable, and applicable provisions of the Americans
29with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.)
30regarding the physical and programmatic accessibility of facilities,
31programs and services, technology, and materials for individuals
32with disabilities, including providing staff training and support for
33addressing the needs of individuals with disabilities.

34(4) A description of the roles and resource contributions of the
35one-stop partners.

36(g) A description and assessment of the type and availability of
37adult and dislocated worker employment and training activities in
38the local area.

39(h) A description of how the local board will coordinate
40workforce investment activities carried out in the local area with
P21   1statewide rapid response activities, as described in Section
23174(a)(2)(A) of Title 29 of the United States Code.

3(i) A description and assessment of the type and availability of
4youth workforce investment activities in the local area, including
5activities for youth who are individuals with disabilities, which
6description and assessment shall include an identification of
7successful models of such youth workforce investment activities.

8(j) A description of how the local board will coordinate
9education and workforce investment activities carried out in the
10local area with relevant secondary and postsecondary education
11programs and activities to coordinate strategies, enhance services,
12and avoid duplication of services.

13(k) A description of how the local board will coordinate
14workforce investment activities carried out under this article in
15the local area with the provision of transportation, including public
16transportation, and other appropriate supportive services in the
17local area.

18(l) A description of plans and strategies for, and assurances
19concerning, maximizing coordination of services provided by the
20state employment service under the Wagner-Peyser Act (29 U.S.C.
21Sec. 49 et seq.) and services provided in the local area through the
22one-stop delivery system, to improve service delivery and avoid
23duplication of services.

24(m) A description of how the local board will coordinate
25workforce investment activities carried out in the local area with
26the provision of adult education and literacy activities in the local
27area, including a description of how the local board will carry out,
28consistent with subparagraphs (A) and (B)(i) of Section
293122(d)(11) of Title 29 of the United States Code and Section
303322 of Title 29 of the United States Code, the review of local

32(n) A description of the replicated cooperative agreements, as
33defined in Section 3122(d)(11) of Title 29 of the United States
34Code between the local board or other local entities described in
35Section 101(a)(11)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
36Sec. 721(a)(11)(B)) and the local office of a designated state agency
37or designated state unit administering programs carried out under
38Title I of that act, other than Section 112 or Part C of that Title (29
39U.S.C. Secs. 732 and 741) and subject to Section 3151(f) of Title
4029 of the United States Code, in accordance with Section
P22   1101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C. Sec.
2721(a)(11)) with respect to efforts that will enhance the provision
3of services to individuals with disabilities and to other individuals,
4such as cross training of staff, technical assistance, use and sharing
5of information, cooperative efforts with employers, and other
6efforts at cooperation, collaboration, and coordination.

7(o) An identification of the entity responsible for the disbursal
8of grant funds described in Section 3122(d)(12)(B)(i)(III) of Title
929 of the United States Code, as determined by the chief elected
10official or the Governor under Section 3122(d)(12)(B)(i) of Title
1129 of the United States Code.

12(p) A description of the competitive process to be used to award
13the subgrants and contracts in the local area for activities carried
14out pursuant to this act.

15(q) A description of the local levels of performance negotiated
16with the Governor and chief elected official pursuant to Section
173141(c) of Title 29 of the United States Code, to be used to measure
18the performance of the local area and to be used by the local board
19for measuring the performance of the local fiscal agent, where
20appropriate, eligible providers, and the one-stop delivery system,
21in the local area.

22(r) A description of the actions the local board will take toward
23becoming or remaining a high-performing board, consistent with
24the factors developed by the board pursuant to Section 3111(d)(6)
25of Title 29 of the United States Code. This federal requirement is
26separate and apart from state standards pertaining to the
27certification of high-performance local workforce development

29(s) A description of how training services will be provided in
30accordance with Section 3174(c)(3)(G) of Title 29 of the United
31States Code, including, if contracts for the training services will
32be used, how the use of such contracts will be coordinated with
33the use of individual training accounts and how the local board
34will ensure informed customer choice in the selection of training
35programs regardless of how the training services are to be provided.

36(t) A description of the process used by the local board,
37consistent with subsection (d), to provide an opportunity for public
38comment, including comment by representatives of businesses and
39comment by representatives of labor organizations, and input into
40the development of the local plan, prior to submission of the plan.

P23   1(u) A description of how one-stop centers are implementing and
2transitioning to an integrated, technology-enabled intake and case
3 management information system for programs carried out under
4this act and programs carried out by one-stop partners.

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


SEC. 5.  

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



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

9(1) California deliver comprehensive workforce services to
10jobseekers, students, and employers through a system of one-stop
11career centers.

12(2) Services and resources target high-wage industry sectors
13with career advancement opportunities.

14(3) Universal access to career services shall be available to adult
15residents regardless of income, education, employment barriers,
16or other eligibility requirements. Career services shall include, but
17not be limited to:

18(A) Outreach, intake, and orientation to services available
19through the one-stop delivery system.

20(B) Initial assessment of skill levels, aptitudes, abilities, and
21supportive service needs.

22(C) Job search and placement assistance.

23(D) Career counseling, where appropriate.

24(E) Provision of labor market information.

25(F) Provision of program performance and cost information on
26eligible providers of training services and local area performance

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

30(H) Provision of information on the filing of claims for
31unemployment compensation benefits and unemployment
32 compensation disability benefits.

33(I) Assistance in establishing eligibility for welfare-to-work
34activities pursuant to Section 11325.8 of the Welfare and
35Institutions Code, and financial aid assistance.

36(J) Comprehensive and specialized assessments of skill levels
37and service needs, including learning disability screening.

38(K) Development of individual employment plans.

39(L) Counseling.

40(M) Career planning.

P24   1(N) Short-term prevocational services to prepare an individual
2for training or employment.

3(4) State and federally funded workforce education, training,
4and employment programs shall be integrated in the one-stop
5delivery system to achieve universal access to the career services
6described in paragraph (3).

7(5) Training services shall be made available to individuals who
8have met the requirements for career services, have been unable
9to obtain or retain employment through career services, are in need
10of training services to obtain or retain employment that leads to
11economic self-sufficiency or wages comparable to, or higher than,
12wages from previous employment, have the skills and qualifications
13to successfully participate in the training, and have selected a
14program of services directly linked to occupations in demand in
15the local or regional area. Training services may include:

16(A) Occupational skill training including training for
17nontraditional employment.

18(B) On-the-job training.

19(C) Programs that combine workplace training with related

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

22(E) Skill upgrading and retraining.

23(F) Entrepreneurial training.

24(G) Incumbent worker training, in accordance with Section
25134(d)(4) of the Workforce Innovation and Opportunity Act.

26(H) Transitional jobs, in accordance with Section 134(d)(5) of
27the Workforce Innovation and Opportunity Act.

28(I) Job readiness training, provided in combination with any
29service under subparagraphs (A) to (H), inclusive.

30(J) Adult education and literacy activities, including vocational
31English as a second language, provided in combination with
32subparagraphs (A) through (G), inclusive.

33(K) Customized training conducted by an employer or a group
34of employers or a labor-management training partnership with a
35commitment to employ an individual upon completion of the

37(6) As prescribed in the Workforce Innovation and Opportunity
38Act, adult recipients of public assistance, other low-income adults,
39and individuals who are basic skills deficient, including out of
40school youth, shall be given priority for training services and career
P25   1services described in Section 134(d)(2)(A)(xii) of the Workforce
2Innovation and Opportunity Act.

3(b) Each local workforce development board shall establish at
4least one full service one-stop career center in the local workforce
5development area. Each full service one-stop career center shall
6have all entities required to be partners in Section 3151 of Title
729 of the United States Code as partners and shall provide
8jobseekers with integrated employment, education, training, and
9job search services. Additionally, employers will be provided with
10access to comprehensive career and labor market information, job
11placement, economic development information, performance and
12program information on service providers, and other such services
13as the businesses in the community may require.

14(c) Local boards may also establish affiliated and specialized
15centers, as defined in the Workforce Innovation and Opportunity
16Act of 2014, which shall act as portals into the larger local one-stop
17system, but are not required to have all of the partners specified
18for full service one-stop centers.

19(d) Each local board shall develop a policy for identifying
20individuals who, because of their skills or experience, should be
21referred immediately to training services. To the extent permitted
22under the Workforce Innovation and Opportunity Act of 2014, this
23policy, along with the methods for referral of individuals between
24the one-stop operators and the one-stop partners for appropriate
25services and activities, shall be contained in the memorandum of
26understanding between the local board and the one-stop partners.

27(e) The California Workforce Development Board and each
28local board shall ensure that programs and services funded by the
29Workforce Innovation and Opportunity Act of 2014 and directed
30to apprenticeable occupations, including preapprenticeship training,
31are conducted, to the maximum extent feasible, in coordination
32with one or more apprenticeship programs approved by the
33Division of Apprenticeship Standards for the occupation and
34geographic area. The California Workforce Development Board
35and each local board shall also develop a policy of fostering
36collaboration between community colleges and approved
37apprenticeship programs in the geographic area to provide
38preapprenticeship training, apprenticeship training, and continuing
39education in apprenticeable occupations through the approved
40apprenticeship programs.

P26   1(f) In light of California’s diverse population, each one-stop
2career center should have the capacity to provide the appropriate
3services to the full range of languages and cultures represented in
4the community served by the one-stop career center.

begin delete

SEC. 6.  

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



(a) The local providers of the following programs or
8activities shall be required partners in the local one-stop system:

9(1) Programs authorized under Title I of the Workforce
10Innovation and Opportunity Act.

11(2) Programs authorized under the Wagner-Peyser Act (29
12U.S.C. Sec. 49 et seq.).

13(3) Adult education and literacy activities authorized under Title
14II of the Workforce Innovation and Opportunity Act.

15(4) Programs authorized under Title I of the Rehabilitation Act
16of 1973 (29 U.S.C. Sec. 720 et seq.) other than Section 112 or Part
17C of the act (29 U.S.C. Sec. 732 and 741).

18(5) Activities authorized under Title V of the Older Americans
19Act of 1965 (42 U.S.C. Sec. 3056 et seq.).

20(6) Career and technical education programs at the
21postsecondary level authorized under the Carl D. Perkins Career
22and Technical Education Act of 2006 (20 U.S.C. Sec. 2301 et seq.).

23(7) Activities authorized under Chapter 2 of Title II of the Trade
24Act of 1974 (19 U.S.C. Sec. 2271 et seq.).

25(8) Activities authorized under Chapter 41 (commencing with
26Section 4100) of Title 38 of the United States Code.

27(9) Employment and training activities carried out under the
28Community Services Block Grant Act (42 U.S.C. Sec. 9901 et

30(10) Employment and training activities carried out by the
31Department of Housing and Urban Development.

32(11) Programs authorized by this code, in accordance with
33applicable federal law.

34(12) Programs authorized under Section 212 of the Second
35Chance Act of 2007 (42 U.S.C. Sec. 17532).

36(13) Programs authorized under Part A of Title IV of the Social
37Security Act (42 U.S.C. Sec. 601 et seq.).

38(14) Programs that serve out of school youth through exclusive
39partnerships between secondary schools and any of the following:

P27   1(A) The California Workforce Development Board or local
2workforce development board.

3(B) Federally affiliated Youth Build programs.

4(C) Federal job corps training or instruction provided pursuant
5to a memorandum of understanding with the federal provider.

6(D) The California Conservation Corp or local conservation
7corps certified by the California Conservation Corp pursuant to
8Section 14406 or 14507.5 of the Public Resources Code.

9(b) Community-based organizations that provide career services
10as described in subparagraphs (J) to (N), inclusive, of paragraph
11(1) of subdivision (a) of Section 14230, shall be encouraged to be
12one-stop partners.

end delete

begin deleteSEC. 7.end delete
begin insertSEC. 6.end insert  

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



begin insert(a)end insertbegin insertend insert To the extent permitted by federal law, school
17districts, county offices of education, and secondary schools that
18provide instruction exclusively in partnership with any of the
19entities or programs described inbegin delete paragraph (14) ofend delete subdivision
20begin delete (a) of Section 14231,end deletebegin insert (b)end insert are eligible to apply to local workforce
21development boards to provide basic skills training and skills
22necessary for attaining a secondary school diploma. However, the
23boards shall prioritizebegin delete funding for basic skills training and skills
24necessary for attainingend delete
begin insert programs that specialize inend insert a secondary
25school diploma from a school accredited by the Western
26Association of Schools and Colleges.

begin insert

(b) Pursuant to subdivision (a), entities or programs include
28programs that serve out of school youth through exclusive
29partnerships between secondary schools and any of the following:

end insert
begin insert

(1) The California Workforce Development Board or local
31workforce development board.

end insert
begin insert

(2) Federally affiliated Youth Build programs.

end insert
begin insert

(3) Federal job corps training or instruction provided pursuant
34to a memorandum of understanding with the federal provider.

end insert
begin insert

(4) The California Conservation Corps or local conservation
36corps certified by the California Conservation Corps pursuant to
37Section 14406 or 14507.5 of the Public Resources Code.

end insert

begin deleteSEC. 8.end delete
begin insertSEC. 7.end insert  

If the Commission on State Mandates determines that
40this act contains costs mandated by the state, reimbursement to
P28   1local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.