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
begin delete youthend delete 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
begin delete stakeholders,end delete 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 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.
This bill would revise the criteria to include references to
begin delete out-of-school youth,end delete as specified, begin delete and require the local plan to include an
analysis of education programs available for out-of-school youth, as specified. By increasing the duties of local officials, this bill would impose a state-mandated local program.end delete The bill would instead provide that school districts, county offices of education, and begin delete secondary schools that provide instruction exclusively in partnership with specified programsend delete 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.
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.end delete
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.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteyes end delete.
The people of the State of California do enact as follows:
Section 14005 of the Unemployment Insurance
2Code 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.
P4 1(5) Organize education, training, and other services to meet the
2particular needs of an individual in a manner that accelerates the
3educational and career advancement of the individual to the extent
5(6) Enable an individual to attain a secondary school diploma
6or its recognized equivalent, and at least one recognized
8(7) Help an individual enter or advance within a specific
9occupation or occupational cluster.
10(d) “Cluster-based sector strategies” mean methods of focusing
11workforce and economic development on those sectors that have
12demonstrated a capacity for economic growth and job creation in
13a particular geographic area.
14(e) “Data driven” means a process of making decisions about
15investments and policies based on systematic analysis of data,
16which may include data pertaining to labor markets.
17(f) “Economic security” means, with respect to a worker, earning
18a wage sufficient to support a family adequately, and, over time,
19to save for emergency expenses and adequate retirement income,
20based on factors such as household size, the cost of living in the
21worker’s community, and other factors that may vary by region.
22(g) “Evidence-based” means making use of policy research as
23a basis for determining best policy practices. Evidence-based
24policymakers adopt policies that research has shown to produce
25positive outcomes, in a variety of settings, for a variety of
26populations over time. Successful, evidence-based programs deliver
27quantifiable and sustainable results. Evidence-based practices
28differ from approaches that are based on tradition, belief,
29convention, or anecdotal evidence.
30(h) “High-priority occupations” mean occupations that have a
31significant presence in a targeted industry sector or industry cluster,
32are in demand, or projected to be in demand, by employers, and
33pay or lead to payment of a wage that provides economic security.
34(i) (1) “In-demand industry sector or occupation” means either
35of the following:
36(A) An industry sector that has a substantial
current or potential
37impact, including through jobs that lead to economic
38self-sufficiency and opportunities for advancement, on the state,
39regional, or local economy, as appropriate, and that contributes to
P5 1the growth or stability of other supporting businesses, or the growth
2of other industry sectors.
3(B) An occupation that currently has or is projected to have a
4number of positions, including positions that lead to economic
5self-sufficiency and opportunities for advancement, in an industry
6sector so as to have a significant impact on the state, regional, or
7local economy, as appropriate.
8(2) The determination of whether an industry sector or
9occupation is “in-demand” under this subdivision shall be made
10by the board or local board, or through the regional planning
11process in which local boards participate under the Workforce
12Innovation and Opportunity Act, as appropriate, using state and
13regional business and labor market projections, including the use
14of labor market information.
15(j) “Individual with employment barriers” means an individual
16with any characteristic that substantially limits an individual’s
17ability to obtain employment, including indicators of poor work
18history, lack of work experience, or access to employment in
19nontraditional occupations, long-term unemployment, lack of
20educational or occupational skills attainment, dislocation from
21high-wage and high-benefit employment, low levels of literacy or
22English proficiency, disability status, or welfare dependency,
23including members of all of the following groups:
24(1) Displaced homemakers.
25(2) Low-income individuals.
26(3) Indians, Alaska Natives, and Native Hawaiians, as those
27terms are defined in Section 3221 of Title 29 of the United States
29(4) Individuals with disabilities, including youths who are
30individuals with disabilities.
31(5) Older individuals.
33(7) Homeless individuals, as defined in Section 14043e-2(6) of
34Title 42 of the United States Code, or homeless children and
35youths, as defined in Section 11434a(2) of Title 42 of the United
37(8) Youth who are in, or have aged out of, the foster care system.
38(9) Individuals who are English language learners, individuals
39who have low levels of literacy, and individuals facing substantial
P6 1(10) Eligible migrant and seasonal farmworkers, as defined in
2Section 3322(i) of Title 29 of the United States Code.
3(11) Individuals within two years of exhausting lifetime
4eligibility under Part A of Title IV of the Social Security Act (42
5 U.S.C. Sec. 601 et seq.).
6(12) Single parents, including single, pregnant women.
7(13) Long-term unemployed individuals.
8(14) Out-of-school youth.
9(15) Any other groups as the Governor determines to have
10barriers to employment.
11(k) “Industry cluster” means a geographic concentration or
12emerging concentration of interdependent industries with direct
13service, supplier, and research relationships, or independent
14industries that share common resources in a given regional
15economy or labor market. An industry cluster is a group of
16employers closely linked by common product or services,
17workforce needs, similar technologies, and supply chains in a given
18regional economy or labor market.
19(l) “Industry or sector partnership” means a workforce
20collaborative, convened or acting in partnership with the board or
21a local board, that does the following:
22(1) Organizes key stakeholders in an industry cluster into a
23working group that focuses on the shared goals and human
24resources needs of the industry cluster and that includes, at the
25appropriate stages of development of the partnership:
26(A) Representatives of multiple businesses or other employers
27in the industry cluster, including small and medium-sized
28employers when practicable.
29(B) One or more
representatives of a recognized state labor
30organization or central labor council, or another labor
31representative, as appropriate.
32(C) One or more representatives of an institution of higher
33education with, or another provider of, education or training
34programs that support the industry cluster.
35(2) The workforce collaborative may include representatives of
36any of the following:
37(A) State or local government.
38(B) State or local economic development agencies.
39(C) State boards or local boards, as appropriate.
P7 1(D) A state workforce agency or
entity providing employment
3(E) Other state or local agencies.
4(F) Business or trade associations.
5(G) Economic development organizations.
6(H) Nonprofit organizations, community-based organizations,
8(I) Philanthropic associations.
9(J) Industry associations.
10(K) Other organizations, as determined to be necessary by the
11members comprising the industry sector or partnership.
12(m) “Industry sector” means those firms that produce similar
13products or provide similar services using somewhat similar
14business processes, and are closely linked by workforce needs,
15within a regional labor market.
16(n) “Local labor federation” means a central labor council that
17is an organization of local unions affiliated with the California
18Labor Federation or a local building and construction trades council
19affiliated with the State Building and Construction Trades Council
21(o) “Sector strategies” means methods of prioritizing
22investments in competitive and emerging industry sectors and
23industry clusters on the basis of labor market and other economic
24data indicating strategic growth potential, especially with regard
25to jobs and income, and exhibit the following characteristics:
26(1) Focus workforce investment in education and workforce
27training programs that are likely to lead to jobs providing economic
28security or to an entry-level job with a well-articulated career
29pathway into a job providing economic security.
30(2) Effectively boost labor productivity or reduce business
31barriers to growth and expansion stemming from workforce supply
32problems, including skills gaps and occupational shortages by
33directing resources and making investments to plug skills gaps
34and provide education and training programs for high-priority
36(3) May be implemented using articulated career pathways or
37lattices and a system of stackable credentials.
38(4) May target underserved communities, disconnected youths,
39incumbent workers, and recently separated military veterans.
P8 1(5) Frequently are implemented using industry or sector
3(6) Typically are implemented at the regional level where sector
4firms, those employers described in subdivisions (j) and (l), often
5share a common labor market and supply chains. However, sector
6strategies may also be implemented at the state or local level
7depending on sector needs and labor market conditions.
8(p) “Workforce Innovation and Opportunity Act of 2014” means
9the federal act enacted as Public Law 113-128.
10(q) (1) “Earn and learn” includes, but is not limited to, a
11program that does either of the following:
12(A) Combines applied learning in a workplace setting with
13compensation allowing workers or students to gain work experience
14and secure a wage as they develop skills and competencies directly
15relevant to the occupation or career for which they are preparing.
16(B) Brings together classroom instruction with on-the-job
17training to combine both formal instruction and actual paid work
19(2) “Earn and learn” programs include, but are not limited to,
20all of the following:
23(C) Incumbent worker training.
24(D) Transitional and subsidized employment, particularly for
25individuals with barriers to employment.
26(E) Paid internships and externships.
27(F) Project-based compensated learning.
28(r) “Out-of-school youth” means an individual who meets the
29definition in Section 3164(a)(1)(B) of Title 29 of the United States
31(s) “Local workforce development system stakeholders” means
32owners of businesses or other business executives with
33policymaking or hiring authority, representatives of local area
34labor organizations, representatives of community-based
35organizations that have demonstrated experience in addressing the
36employment needs of individuals with barriers to employment,
37and representatives of area schools and
begin delete collegesend delete including,
38but not limited
begin delete toend delete schools begin delete thatend delete
P9 1 serve out-of-school youth through
3exclusive partnerships with any of the following:
4(1) The California Workforce Development Board or local
5workforce development board.
6(2) Federally affiliated Youth Build programs.
7(3) Federal job corps training or instruction provided pursuant
8to a memorandum of understanding with the federal provider.
9(4) The California Conservation Corp or local conservation
10corps certified by the California Conservation Corp pursuant to
11Section 14406 or 14507.5 of the Public Resources Code.
Section 14013 of the Unemployment Insurance Code
13 is amended to read:
The board shall assist the Governor in the following:
15(a) Promoting the development of a well-educated and highly
16skilled 21st century workforce.
17(b) Developing, implementing, and modifying the State Plan.
18The State Plan shall serve as the comprehensive framework and
19coordinated plan for the aligned investment of all federal and state
20workforce training and employment services funding streams and
21programs. To the extent feasible and when appropriate, the State
22Plan should reinforce and work with adult education and career
23technical education efforts that are responsive to labor market
25(c) The review of statewide policies, of statewide programs,
26and of recommendations on actions that should be taken by the
27state to align workforce, education, training, and employment
28funding programs in the state in a manner that supports a
29comprehensive and streamlined workforce development system
30in the state, including the review and provision of comments on
31the State Plan, if any, for programs and activities of one-stop
32partners that are not core programs.
33(d) Developing and continuously improving the statewide
34workforce investment system, including:
35(1) The identification of barriers and means for removing
36barriers to better coordinate, align, and avoid duplication among
37the programs and activities carried out through the system.
38(2) The development of strategies to support the use of career
39pathways for the purpose of providing individuals, including
40low-skilled adults, youth, and individuals with barriers to
P10 1employment, including individuals with
begin delete disabilities and with workforce investment
2out-of-school youth,end delete
3activities, education, and supportive services to enter or retain
4employment. To the extent permissible under state and federal
5laws, these policies and strategies should support linkages between
6kindergarten and grades 1 to 12, inclusive, and community college
7educational systems in order to help secure educational and career
8advancement. These policies and strategies may be implemented
9using a sector strategies framework and should ultimately lead to
10placement in a job providing economic security or job placement
11in an entry-level job that has a well-articulated career pathway or
12career ladder to a job providing economic security.
13(3) The development of strategies for providing effective
14outreach to and improved access for individuals, including
15individuals with barriers to employment, and employers who could
16benefit from services provided through the workforce development
18(4) The development and expansion of strategies for meeting
19the needs of employers, workers, and jobseekers, particularly
20through industry or sector partnerships related to in-demand
21industry sectors and occupations, including policies targeting
22resources to competitive and emerging industry sectors and industry
23clusters that provide economic security and are either high-growth
24sectors or critical to California’s economy, or both. These industry
25sectors and clusters shall have significant economic impacts on
26the state and its regional and workforce development needs and
27have documented career opportunities.
28(5) Recommending adult and dislocated worker training policies
29and investments that offer a variety of career opportunities while
30upgrading the skills of California’s workforce. These may include
31training policies and investments pertaining to any of the following:
32(A) Occupational skills training, including training for
34(B) On-the-job training.
35(C) Incumbent worker training in accordance with Section
363174(d)(4) of Title 29 of the United States Code.
37(D) Programs that combine workplace training with related
38instruction, which may include cooperative education programs.
39(E) Training programs operated by the private sector.
40(F) Skill upgrading and retraining.
P11 1(G) Entrepreneurial training.
2(H) Transitional jobs in accordance with Section 3174(d)(5) of
3Title 29 of the United States Code.
4(I) Job readiness training
provided in combination with any of
5the services described in subparagraphs (A) to (H), inclusive.
6(J) Adult education and literacy activities provided in
7combination with any of the services described in subparagraphs
8(A) to (G), inclusive.
9(K) Customized training conducted with a commitment by an
10employer or group of employers to employ an individual upon
11successful completion of the training.
12(L) California high school diplomas from schools accredited
13by the Western Association of Schools and Colleges.
identification of regions, including planning regions,
15for the purposes of Section 3121(a) of Title 29 of the United States
16Code, and the designation of local areas under Section 3121 of
17Title 29 of the United States Code, after consultation with local
18boards and chief elected officials.
19(f) The development and continuous improvement of the
20one-stop delivery system in local areas, including providing
21assistance to local boards, one-stop operators, one-stop partners,
22and providers with planning and delivering services, including
23training services and supportive services, to support effective
24delivery of services to workers, job seekers, entrepreneurs, and
26(g) Recommending strategies to the Governor for strategic
27training investments of the Governor’s 15-percent discretionary
29(h) Developing strategies to support staff training and awareness
30across programs supported under the workforce development
32(i) The development and updating of comprehensive state
33performance accountability measures, including state adjusted
34levels of performance, to assess the effectiveness of the core
35programs in the state as required under Section 3141(b) of Title
3629 of the United States Code. As part of this process the board
37shall do all of the following:
38(1) Develop a workforce metrics dashboard, to be updated
39annually, that measures the state’s human capital investments in
40workforce development to better understand the collective impact
P12 1of these investments on the labor market. The workforce metrics
2dashboard shall be produced using existing available data and
3resources that are currently collected and accessible to state
4agencies. The board shall convene workforce program partners to
5develop a standardized set of inputs and outputs for the workforce
6metrics dashboard. The workforce metrics dashboard shall do all
7of the following:
8(A) Provide a status report on credential attainment, including
begin delete the attainment of California high school diplomas by out-of-school training completion, degree attainment, and
10youth from a school accredited by the Western Association of
11Schools and Colleges,end delete
12participant earnings from workforce education and training
13programs. The board shall publish and distribute the final report.
14(B) Request an opportunity to present relevant portions of the
15final report, including summary data and performance metrics, at
16least once a calendar year to the State Board of Education and the
17California Community College Board.
18(C) Provide demographic breakdowns, including, to the extent
19possible, race, ethnicity, age, gender, veteran status, wage and
20credential or degree outcomes, and information on workforce
21outcomes in different industry sectors.
22(D) Measure, at a minimum and to the extent feasible with
23existing resources, the performance of the following workforce
24programs: community college career technical education, the
25Employment Training Panel, Title I and Title II of the federal
26Workforce Investment Act of 1998, Trade Adjustment Assistance,
27and state apprenticeship programs.
28(E) Measure participant earnings in California, and to the extent
29feasible, in other states. The Employment Development Department
30shall assist the board by calculating aggregated participant earnings
31using unemployment insurance wage records, without violating
32any applicable confidentiality requirements.
33(2) The State Department of Education is hereby authorized to
34collect the social security numbers of adults participating in adult
35education programs so that accurate participation in those programs
36can be represented in the report card. However, an individual shall
37not be denied program participation if he or she refuses to provide
38a social security number. The State Department of Education shall
39keep this information confidential and shall only use this
P13 1information for tracking purposes, in compliance with all applicable
2state and federal law.
3(3) (A) Participating workforce programs, as specified in
4subparagraph (D) of paragraph (1), shall provide participant data
5in a standardized format to the Employment Development
7(B) The Employment Development Department shall aggregate
8data provided by participating workforce programs and shall report
9the data, organized by demographics, earnings, and industry of
10employment, to the board to assist the board in producing the
11annual workforce metrics dashboard.
12(j) The identification and dissemination of information on best
13practices, including best practices for all of the following:
14(1) The effective operation of one-stop centers, relating to the
15use of business outreach, partnerships, and service delivery
16strategies, including strategies for serving individuals with barriers
18(2) The development of effective local boards, which may
19include information on factors that contribute to enabling local
20boards to exceed negotiated local levels of performance, sustain
21fiscal integrity, and achieve other measures of effectiveness.
22(3) Effective training programs that respond to real-time labor
23market analysis, that effectively use direct assessment and prior
24learning assessment to measure an individual’s prior knowledge,
25skills, competencies, and experiences, and that evaluate such skills,
26and competencies for adaptability, to support efficient placement
27into employment or career pathways.
28(k) The development and review of statewide policies affecting
29the coordinated provision of services through the state’s one-stop
30delivery system described in Section 3151(e) of Title 29 of the
31United States Code, including the development of all of the
33(1) Objective criteria and procedures for use by local boards in
34assessing the effectiveness and continuous improvement of
35one-stop centers described in Section 3151(e) of Title 29 of the
36United States Code.
37(2) Guidance for the allocation of one-stop center infrastructure
38funds under Section 3151(h) of Title 29 of the United States Code.
39(3) Policies relating to the appropriate roles and contributions
40of entities carrying out one-stop partner programs within the
P14 1one-stop delivery system, including approaches to facilitating
2equitable and efficient cost allocation in such a system.
3(l) The development of strategies for technological
4improvements to facilitate access to, and improve the quality of,
5services and activities provided through the one-stop delivery
6system, including such improvements to all of the following:
7(1) Enhance digital literacy skills, as defined in Section 9101
8of Title 20 of the United States Code, referred to in this division
9as “digital literacy skills.”
10(2) Accelerate the acquisition of skills and recognized
11postsecondary credentials by participants.
12(3) Strengthen the professional development of providers and
14(4) Ensure the technology is accessible to individuals with
15disabilities and individuals residing in remote areas.
16(m) The development of strategies for aligning technology and
17data systems across one-stop partner programs to enhance service
18delivery and improve efficiencies in reporting on performance
19accountability measures, including the design and implementation
20of common intake, data collection, case management information,
21and performance accountability measurement and reporting
22processes and the incorporation of local input into such design and
23implementation, to improve coordination of services across
24one-stop partner programs.
25(n) The development of allocation formulas for the distribution
26of funds for employment and training activities for adults, and
27youth workforce investment activities, to local areas as permitted
28under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
30(o) The preparation of the annual reports described in paragraphs
31(1) and (2) of Section 3141(d) of Title 29 of the United States
33(p) The development of the statewide workforce and labor
34market information system described in Section 49l-2(e) of Title
3529 of the United States Code.
36(q) The development of other policies as may promote statewide
37objectives for, and enhance the performance of, the workforce
38development system in the state.
39(r) Helping individuals with barriers to employment, including
40low-skill, low-wage workers, the long-term unemployed, and
P15 1members of single-parent households, achieve economic security
2and upward mobility by implementing policies that encourage the
3attainment of marketable skills relevant to current labor market
Section 14200 of the Unemployment Insurance Code
6 is amended to read:
(a) The local chief elected officials in a local workforce
8development area shall form, pursuant to guidelines established
9by the Governor and the board, a local workforce development
10board to plan and oversee the workforce investment system.
11(b) The Governor shall periodically certify one local board for
12each local area in the state, following the requirements of the
13federal Workforce Innovation and Opportunity Act of 2014.
14(c) The Governor shall establish, through the California
15Workforce Development Board, standards for certification of
16high-performance local workforce development boards. The
17California Workforce Development Board shall, in consultation
18with representatives from local workforce development boards,
19initiate a stakeholder process to determine the appropriate
20measurable metrics and standards for high-performance
21certification. These standards shall be implemented on or before
22January 1, 2013, and the first certification of high-performance
23boards shall occur on or before July 1, 2013. Certification and
24recertification of each high-performance local workforce
25development board shall occur thereafter midway through the
26implementation of the local and regional plans required by the
27Workforce Innovation and Opportunity Act. In order to meet the
28standards for certification, a high-performance local workforce
29development board shall do all of the following:
30(1) Consistently meet or exceed negotiated performance goals
31for all of the measures in each of the three federal Workforce
32Innovation and Opportunity Act of 2014 customer groups, which
33consist of adults, dislocated workers, and youth, including
begin delete out-of-school youth.end delete
35(2) Consistently meet the statutory requirements of this division.
36(3) Develop and implement local policies and a local strategic
37plan that meets all of the following requirements:
38(A) Meets all local and regional planning requirements specified
39under the federal Workforce Innovation and Development Act of
P16 1(B) Is consistent with the California Workforce Development
2Board State Plan.
3(C) Describes the actions that the board shall take to implement
4local policies in furtherance of its goals.
5(D) Serves as a written account of intended future courses of
6action aimed at achieving the specific goals of the local and state
7board within a specific timeframe.
8(E) Explains what needs to be done, by whom, and when each
9action is required to occur in order to meet those goals.
10(4) Demonstrate that the local planning process involves key
11stakeholders, including the major employers and industry groups
12in the relevant regional economy and organized labor.
13(5) Demonstrate that the local planning process takes into
14account the entire workforce training pipeline for the relevant
15regional economy, including
begin delete schools operating with Department partners in K-12 education,
16of Labor partners and otherend delete
18 career technical education, the community college system, other
19postsecondary institutions, and other local workforce development
20areas operating in a relevant regional economy.
21(6) Demonstrate that the local planning process and plan are
22data driven, and that policy decisions at the local level are evidence
23based. Each high-performance local workforce development board
24shall use labor market data to develop and implement the local
25plan, taking care to steer resources into programs and services that
26are relevant to the needs of each workforce development area’s
27relevant regional labor market and high-wage industry sectors.
28Local workforce development areas shall demonstrate an
29evidence-based approach to policymaking by establishing
30performance benchmarks and targets to measure progress toward
31local goals and objectives.
32(7) Demonstrate investment in workforce initiatives, and,
33specifically, training programs that promote skills development
34and career ladders relevant to the needs of each workforce
35investment area’s regional labor market and high-wage industry
37(8) Establish a youth strategy aligned with the needs of each
38workforce investment area’s regional labor market and high-wage
39industry sectors. This strategy shall also address workforce
P17 1preparation for out-of-school youth and other individuals facing
2barriers to employment.
3(9) Establish a business service plan that integrates local
4business involvement with workforce initiatives. This plan at a
5minimum shall include all of the following:
6(A) Efforts to partner with businesses to identify the workforce
7training and educational barriers to attract jobs in the relevant
8regional economy, existing skill gaps reducing the competitiveness
9of local businesses in the relevant regional economies, and potential
10emerging industries that would likely contribute to job growth in
11the relevant regional economy if investments were made for
12training and educational programs.
13(B) An electronic system for both businesses and job seekers
14to communicate about job opportunities.
15(C) A subcommittee of the local workforce development board
16that further develops and makes recommendations for the business
17service plan for each local workforce development board in an
18effort to increase employer involvement in the activities of the
19local workforce development board. The subcommittee members
20should be comprised of business representatives on the local
21workforce development board who represent both the leading
22industries and employers in the relevant regional economy and
23potential emerging sectors that have significant potential to
24contribute to job growth in the relevant regional economy if
25investments were made for training and educational programs.
26(d) The Governor and the Legislature, as part of the annual
27budget process, in consultation with the California Workforce
28Development Board, shall annually reserve a portion of the
2915-percent discretionary fund made available pursuant to the
30federal Workforce Innovation and Opportunity Act of 2014 for
31the purpose of providing performance incentives to
32high-performance local workforce development boards. The
33remaining discretionary funds shall continue to be available for
34other discretionary purposes as provided for in the federal
35Workforce Innovation and Opportunity Act of 2014.
36(e) Only a workforce development board that is certified
37high-performance local workforce development board by the
38California Workforce Development Board shall be eligible to
39receive any incentive money reserved for high-performance local
40workforce development boards, as described in subdivision (d).
P18 1A board that is not certified as a high-performance local workforce
2development board shall not receive any portion of the money
3reserved for high-performance local workforce development
4boards, as described in subdivision (d).
5(f) The California Workforce Development Board shall establish
6a policy for the allocation of incentive moneys to high-performance
7local workforce development boards.
8(g) To the extent permitted by the Workforce Innovation and
9Opportunity Act of 2014, the California Workforce Development
10Board may consider the utilization of incentive grants, or direct
11assistance, or both, to local workforce development boards for the
12purposes of this section.
13(h) There shall not be a requirement to set aside federal
14Workforce Innovation and Opportunity Act of 2014 funds for the
15purposes of subdivision (d), (e), (f), or (g) in years when the federal
16government significantly reduces the share of federal Workforce
17Innovation and Opportunity Act of 2014 funds appropriated to the
18state for statewide discretionary purposes below the federal
19statutory amount of 15 percent.
Consistent with the requirements of the Workforce
23Innovation and Opportunity Act, the local board shall do all of the
25(a) In partnership with the chief elected official for the local
26area involved, develop and submit a local plan to the Governor
27that meets the requirements of the Workforce Innovation and
28Opportunity Act. If the local area is part of a planning region that
29includes other local areas, the local board shall collaborate with
30the other local boards and chief elected officials from such other
31local areas in the preparation and submission of a regional plan as
32described in the Workforce and Innovation and Opportunity Act.
33(b) In order to assist in the development and implementation of
34the local plan, the local board shall do all of the following:
35(1) Carry out analyses of the economic conditions in the region,
36the needed knowledge and skills for the region, the workforce in
37the region, and workforce development activities, including
38education and training, in the region described in Section
393123(b)(1)(D) of Title 29 of the United States Code, and regularly
40update such information.
P19 1(2) Assist the Governor in developing the statewide workforce
2and labor market information system described in Section 15(e)
3of the Wagner-Peyser Act (29 U.S.C. Sec. 49l-2(e)), specifically
4in the collection, analysis, and utilization of workforce and labor
5market information for the region.
6(3) Conduct such other research, data collection, and analysis
7related to the workforce needs of the regional economy as the
8board, after receiving input from a wide array of stakeholders,
9determines to be necessary to carry out its functions.
10(c) Convene local workforce development system stakeholders
11to assist in the development of the local plan under Section 3123
12of Title 29 of the United States Code and in identifying nonfederal
13expertise and resources to leverage support for workforce
14development activities. The local board, including standing
15committees, may engage such stakeholders in carrying out the
16functions described in this subdivision.
17(d) Lead efforts to engage with a diverse range of employers
18and with entities in the region involved to do all of the following:
19(1) Promote business representation, particularly representatives
20with optimal policymaking or hiring authority from employers
21whose employment opportunities reflect existing and emerging
22employment opportunities in the region, on the local board.
23(2) Develop effective linkages, including the use of
24intermediaries, with employers in the region to support employer
25utilization of the local workforce development system and to
26support local workforce investment activities.
27(3) Ensure that workforce investment activities meet the needs
28of employers and support economic growth in the region, by
29enhancing communication, coordination, and collaboration among
30employers, economic development entities, and service providers.
31(4) Develop and implement proven or promising strategies for
32meeting the employment and skill needs of workers and employers,
33like the establishment of industry and sector partnerships, that
34provide the skilled workforce needed by employers in the region,
35and that expand employment and career advancement opportunities
36for workforce development system participants in in-demand
37industry sectors or occupations.
38(e) With representatives of secondary and postsecondary
39education programs, lead efforts in the local area to develop and
40implement career pathways within the local area by aligning the
P20 1employment, training, education, and supportive services that are
2needed by adults and youth, particularly individuals with barriers
9(f) Lead efforts in the local area to accomplish both of the
11(1) Identify and promote proven and promising strategies and
12initiatives for meeting the needs of employers, and workers and
13jobseekers, including individuals with barriers to employment, in
14the local workforce development system, including providing
15physical and programmatic accessibility, in accordance with
16Section 3248 of Title 29 of the United States Code, if applicable,
17and applicable provisions of the Americans with Disabilities Act
18of 1990 (42 U.S.C. Sec. 12101 et seq.), to the one-stop delivery
20(2) Identify and disseminate
information on proven and
21promising practices carried out in other local areas for meeting
23(g) Develop strategies for using technology to maximize the
24accessibility and effectiveness of the local workforce development
25system for employers, and workers and jobseekers, by doing all
26of the following:
27(1) Facilitating connections among the intake and case
28management information systems of the one-stop partner programs
29to support a comprehensive workforce development system in the
31(2) Facilitating access to services provided through the one-stop
32delivery system involved, including facilitating the access in remote
34(3) Identifying strategies for better meeting the needs of
35individuals with barriers to employment, including strategies that
36augment traditional service delivery, and increase access to services
37and programs of the one-stop delivery system, such as improving
38digital literacy skills.
P21 1(4) Leveraging resources and capacity within the local workforce
2development system, including resources and capacity for services
3for individuals with barriers to employment.
4(h) In partnership with the chief elected official for the local
5area, shall conduct oversight for local youth workforce investment
6activities as required under the federal Workforce Innovation and
7Opportunity Act, ensure the appropriate use and management of
8the funds as required under the Workforce Innovation and
9Opportunity Act, and, for workforce development activities, ensure
10the appropriate use, management, and investment of funds to
11maximize performance outcomes as required under the federal
12Workforce Innovation and Opportunity Act.
13(i) Negotiate and reach agreement on local performance
14accountability measures, as described in Section 3141(c) of Title
1529 of the United States Code, with the chief elected official and
17(j) Select and provide access to system operators, service
18providers, trainers, and educators, in a manner consistent with the
19requirements of the Workforce Innovation and Opportunity Act
20and applicable state laws, including all of the following:
21(1) Consistent with Section 3151(d) of Title 29 of the United
22States Code, and with the agreement of the chief elected official
23for the local area, designate or certify one-stop operators as
24described in Section 3151(d)(2)(A) of Title 29 of the United States
25Code and terminate for cause the eligibility of these operators.
26(2) Consistent with Section 3153 of Title 29 of the United States
27Code, identify eligible providers of youth workforce investment
28activities in the local area by awarding grants or contracts on a
29competitive basis, except as provided in Section 3153(b) of Title
3029 of the United States Code, based on the recommendations of
31the youth standing committee, if such a committee is established
32for the local area and terminate for cause the eligibility of these
34(3) Consistent with Section 3152 of Title 29 of the United States
35Code and paragraph (4) of subdivision (d) of Section 14020,
36identify eligible providers of training services in the local area.
37(4) If the one-stop operator does not provide career services
38described in Section 3174(c)(2) of Title 29 of the United States
39Code in a local area, identify eligible providers of those career
40services in the local area by awarding contracts.
P22 1(5) Consistent with Section 3152 of Title 29 of the United States
2Code and paragraphs (2) and (3) of Section 3174(c) of Title 29 of
3the United States Code, work with the state to ensure there are
4sufficient numbers and types of providers of career services and
5training services, including eligible providers with expertise in
6assisting individuals with disabilities and eligible providers with
7expertise in assisting adults in need of adult education and literacy
8activities, serving the local area and providing the services involved
9in a manner that maximizes consumer choice, as well as providing
10opportunities that lead to competitive integrated employment for
11individuals with disabilities.
12(k) Consistent with the requirements of the Workforce
13Innovation and Opportunity Act, coordinate activities with
14education and training providers in the local area, including
15providers of workforce development activities, providers of adult
16education and literacy activities under Title II of the Workforce
17Innovation and Opportunity Act, providers of career and technical
18education, as defined in Section 2302 of Title 20 of the United
19States Code, and local agencies administering plans under Title I
20of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.),
21other than Section 112 or Part C of that Title (29 U.S.C. Sec. 732,
Section 14221 of the Unemployment Insurance Code
25 is amended to read:
The local plan shall include all of the following:
27(a) A description of the strategic planning elements consisting
28of each of the following:
29(1) An analysis of the regional economic conditions, including,
30existing and emerging in-demand industry sectors and occupations
31and the employment needs of employers in those industry sectors
33(2) An analysis of the knowledge and skills needed to meet the
34employment needs of the employers in the region, including
35employment needs in in-demand industry sectors and occupations.
36(3) An analysis of the workforce in the region, including current
37 labor force employment and unemployment data, and information
38on labor market trends, and the educational and skill levels of the
39workforce in the region, including individuals with barriers to
P23 1(4) An analysis of the workforce development activities,
2including education and training, in the region, including an
3analysis of the strengths and weaknesses of such services, and the
4capacity to provide such services, to address the identified
5education and skill needs of the
begin delete workforceend delete and the employment needs
7of employers in the region.
8(5) An analysis of education programs available to out-of-school
9youth to increase learning gains and earn a diploma from a high
10school accredited by the Western Association of Schools and
11Colleges in partnership with one-stop partners and other core
14 A description of the local board's strategic vision and goals
15for preparing an educated and skilled workforce, including youth
16and individuals with barriers to employment, including goals
17relating to the performance accountability measures based on
18primary indicators of performance described in Section
193141(b)(2)(A) of Title 29 of the United States Code in order to
20support regional economic growth and economic self-sufficiency.
22 Taking into account analyses described in paragraphs (1) to
begin delete (5),end delete inclusive, a strategy to work with the entities that carry
24out the core programs to align resources available to the local area,
25to achieve the strategic vision and goals described in paragraph
begin delete (6).end delete
27(b) A description of the workforce development system in the
28local area that identifies the programs that are included in that
29system and how the local board will work with the entities carrying
30out core programs and other workforce development programs to
31support alignment to provide services, including programs of study
32authorized under the Carl D. Perkins Career and Technical
33Education Act of 2006 (20 U.S.C. 2301 et seq.), that support the
34strategy identified in the State Plan under Section 3112(b)(1)(E)
35of the Title 29 of the United States Code.
36(c) A description of how the local board, working with the
37entities carrying out core programs, will expand access to
38employment, training, education, and supportive services for
39eligible individuals, particularly eligible individuals with barriers
40to employment, including how the local board will facilitate the
P24 1development of career pathways and co-enrollment, as appropriate,
2in core programs, and improve access to activities leading to a
3recognized postsecondary credential, including a credential that
4is an industry-recognized certificate or certification, portable, and
6(d) A description of the strategies and services that will be used
7in the local area in order to facilitate engagement of employers,
8including small employers and employers in in-demand industry
9sectors and occupations, in workforce development programs,
10support a local workforce development system that meets the needs
11of businesses in the local area, better coordinate workforce
12development programs and economic development, and strengthen
13linkages between the one-stop delivery system and unemployment
14insurance programs. This may include the implementation of
15initiatives such as incumbent worker training programs, on-the-job
16training programs, customized training programs, industry and
17sector strategies, career pathways initiatives, utilization of effective
18business intermediaries, and other business services and strategies,
19designed to meet the needs of employers in the corresponding
20region in support of the strategy described in paragraph (5) of
21 subdivision (a).
22(e) A description of how the local board will coordinate
23workforce investment activities carried out in the local area with
24economic development activities carried out in the region in which
25the local area is located, or planning region, and promote
26entrepreneurial skills training and microenterprise services.
27(f) A description of the one-stop delivery system in the local
28area, including all of the following:
29(1) A description of how the local board will ensure the
30continuous improvement of eligible providers of services through
31the system and ensure that such providers meet the employment
32needs of local employers, and workers and jobseekers.
33(2) A description of how the local board will facilitate access
34to services provided through the one-stop delivery system,
35including in remote areas, through the use of technology and
36through other means.
37(3) A description of how entities within the one-stop delivery
38system, including one-stop operators and the one-stop partners,
39will comply with Section 3248 of Title 29 of the United States
40Code, if applicable, and applicable provisions of the Americans
P25 1with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.)
2regarding the physical and programmatic accessibility of facilities,
3programs and services, technology, and materials for individuals
4with disabilities, including providing staff training and support for
5addressing the needs of individuals with disabilities.
6(4) A description of the roles and resource contributions of the
8(g) A description and assessment of the type and availability of
9adult and dislocated worker employment and training activities in
10the local area.
11(h) A description of how the local board will coordinate
12workforce investment activities carried out in the local area with
13statewide rapid response activities, as described in Section
143174(a)(2)(A) of Title 29 of the United States Code.
15(i) A description and assessment of the type and availability of
16youth workforce investment activities in the local area, including
17activities for youth who are individuals with disabilities, which
18description and assessment shall include an identification of
19successful models of such youth workforce investment activities.
20(j) A description of how the local board will coordinate
21education and workforce investment activities carried out in the
22local area with relevant secondary and postsecondary education
23programs and activities to coordinate strategies, enhance services,
24and avoid duplication of services.
25(k) A description of how the local board will coordinate
26workforce investment activities carried out under this article in
27the local area with the provision of transportation, including public
28transportation, and other appropriate supportive services in the
30(l) A description of plans and strategies for, and assurances
31concerning, maximizing coordination of services provided by the
32state employment service under the Wagner-Peyser Act (29 U.S.C.
33Sec. 49 et seq.) and services provided in the local area through the
34one-stop delivery system, to improve service delivery and avoid
35duplication of services.
36(m) A description of how the local board will coordinate
37workforce investment activities carried out in the local area with
38the provision of adult education and literacy activities in the local
39area, including a description of how the local board will carry out,
40consistent with subparagraphs (A) and (B)(i) of Section
P26 13122(d)(11) of Title 29 of the United States Code and Section
23322 of Title 29 of the United States Code, the review of local
4(n) A description of the replicated cooperative agreements, as
5defined in Section 3122(d)(11) of Title 29 of the United States
6Code between the local board or other local entities described in
7Section 101(a)(11)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
8Sec. 721(a)(11)(B)) and the local office of a designated state agency
9or designated state unit administering programs carried out under
10Title I of that act, other than Section 112 or Part C of that Title (29
11U.S.C. Secs. 732 and 741) and subject to Section 3151(f) of Title
1229 of the United States Code, in accordance with Section
13101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C. Sec.
14721(a)(11)) with respect to efforts that will enhance the provision
15of services to individuals with disabilities and to other individuals,
16such as cross training of staff, technical assistance, use and sharing
17of information, cooperative efforts with employers, and other
18efforts at cooperation, collaboration, and coordination.
19(o) An identification of the entity responsible for the disbursal
20of grant funds described in Section 3122(d)(12)(B)(i)(III) of Title
2129 of the United States Code, as determined by the chief elected
22official or the Governor under Section 3122(d)(12)(B)(i) of Title
2329 of the United States Code.
24(p) A description of the competitive process to be used to award
25the subgrants and contracts in the local area for activities carried
26out pursuant to this act.
27(q) A description of the local levels of performance negotiated
28with the Governor and chief elected official pursuant to Section
293141(c) of Title 29 of the United States Code, to be used to measure
30the performance of the local area and to be used by the local board
31for measuring the performance of the local fiscal agent, where
32appropriate, eligible providers, and the one-stop delivery system,
33in the local area.
34(r) A description of the actions the local board will take toward
35becoming or remaining a high-performing board, consistent with
36the factors developed by the board pursuant to Section 3111(d)(6)
37of Title 29 of the United States Code. This federal requirement is
38separate and apart from state standards pertaining to the
39certification of high-performance local workforce development
P27 1(s) A description of how training services will be provided in
2accordance with Section 3174(c)(3)(G) of Title 29 of the United
3States Code, including, if contracts for the training services will
4be used, how the use of such contracts will be coordinated with
5the use of individual training accounts and how the local board
6will ensure informed customer choice in the selection of training
7programs regardless of how the training services are to be provided.
8(t) A description of the process used by the local board,
9consistent with subsection (d), to provide an opportunity for public
10comment, including comment by representatives of businesses and
11comment by representatives of labor organizations, and input into
12the development of the local plan, prior to submission of the plan.
13(u) A description of how one-stop centers are implementing and
14transitioning to an integrated, technology-enabled intake and case
15 management information system for programs carried out under
16this act and programs carried out by one-stop partners.
17(v) Any other information as the Governor may require.
Section 14230 of the Unemployment Insurance Code
20 is amended to read:
(a) It is the intent of the Legislature that:
22(1) California deliver comprehensive workforce services to
23jobseekers, students, and employers through a system of one-stop
25(2) Services and resources target high-wage industry sectors
26with career advancement opportunities.
27(3) Universal access to career services shall be available to adult
28residents regardless of income, education, employment barriers,
29or other eligibility requirements. Career services shall include, but
30not be limited to:
31(A) Outreach, intake, and orientation to services available
32through the one-stop delivery system.
33(B) Initial assessment of skill levels, aptitudes, abilities, and
34supportive service needs.
35(C) Job search and placement assistance.
36(D) Career counseling, where appropriate.
37(E) Provision of labor market information.
38(F) Provision of program performance and cost information on
39eligible providers of training services and local area performance
P28 1(G) Provision of information on supportive services in the local
3(H) Provision of information on the filing of claims for
4unemployment compensation benefits and unemployment
5 compensation disability benefits.
6(I) Assistance in establishing eligibility for welfare-to-work
7activities pursuant to Section 11325.8 of the Welfare and
8Institutions Code, and financial aid assistance.
9(J) Comprehensive and specialized assessments of skill levels
10and service needs, including learning disability screening.
11(K) Development of individual employment plans.
13(M) Career planning.
14(N) Short-term prevocational services to prepare an individual
15for training or employment.
16(4) State and federally funded workforce education, training,
17and employment programs shall be integrated in the one-stop
18delivery system to achieve universal access to the career services
19described in paragraph (3).
20(5) Training services shall be made available to individuals who
21have met the requirements for career services, have been unable
22to obtain or retain employment through career services, are in need
23of training services to obtain or retain employment that leads to
24economic self-sufficiency or wages comparable to, or higher than,
25wages from previous employment, have the skills and qualifications
26to successfully participate in the training, and have selected a
27program of services directly linked to occupations in demand in
28the local or regional area. Training services may include:
29(A) Occupational skill training including training for
31(B) On-the-job training.
32(C) Programs that combine workplace training with related
34(D) Training programs operated by the private sector.
35(E) Skill upgrading and retraining.
36(F) Entrepreneurial training.
37(G) Incumbent worker training, in accordance with Section
38134(d)(4) of the Workforce Innovation and Opportunity Act.
39(H) Transitional jobs, in accordance with Section 134(d)(5) of
40the Workforce Innovation and Opportunity Act.
P29 1(I) Job readiness training, provided in combination with any
2service under subparagraphs (A) to (H), inclusive.
3(J) Adult education and literacy activities, including vocational
4English as a second language, provided in combination with
5subparagraphs (A) through (G), inclusive.
6(K) Customized training conducted by an employer or a group
7of employers or a labor-management training partnership with a
8commitment to employ an individual upon completion of the
10(6) As prescribed in the Workforce Innovation and Opportunity
11Act, adult recipients of public assistance, other low-income adults,
12and individuals who are basic skills deficient, including
begin delete out of youth, shall be given priority for training
14services and career services described in Section 134(d)(2)(A)(xii)
15of the Workforce Innovation and Opportunity Act.
16(b) Each local workforce development board shall establish at
17least one full service one-stop career center in the local workforce
18development area. Each full service one-stop career center shall
19have all entities required to be partners in Section 3151 of Title
2029 of the United States Code as partners and shall provide
21jobseekers with integrated employment, education, training, and
22job search services. Additionally, employers will be provided with
23access to comprehensive career and labor market information, job
24placement, economic development information, performance and
25program information on service providers, and other such services
26as the businesses in the community may require.
27(c) Local boards may also establish affiliated and specialized
28centers, as defined in the Workforce Innovation and Opportunity
29Act of 2014, which shall act as portals into the larger local one-stop
30system, but are not required to have all of the partners specified
31for full service one-stop centers.
32(d) Each local board shall develop a policy for identifying
33individuals who, because of their skills or experience, should be
34referred immediately to training services. To the extent permitted
35under the Workforce Innovation and Opportunity Act of 2014, this
36policy, along with the methods for referral of individuals between
37the one-stop operators and the one-stop partners for appropriate
38services and activities, shall be contained in the memorandum of
39understanding between the local board and the one-stop partners.
P30 1(e) The California Workforce Development Board and each
2local board shall ensure that programs and services funded by the
3Workforce Innovation and Opportunity Act of 2014 and directed
4to apprenticeable occupations, including preapprenticeship training,
5are conducted, to the maximum extent feasible, in coordination
6with one or more apprenticeship programs approved by the
7Division of Apprenticeship Standards for the occupation and
8geographic area. The California Workforce Development Board
9and each local board shall also develop a policy of fostering
10collaboration between community colleges and approved
11apprenticeship programs in the geographic area to provide
12preapprenticeship training, apprenticeship training, and continuing
13education in apprenticeable occupations through the approved
15(f) In light of California’s diverse population, each one-stop
16career center should have the capacity to provide the appropriate
17services to the full range of languages and cultures represented in
18the community served by the one-stop career center.
Section 14510 of the Unemployment Insurance Code
21 is amended to read:
(a) To the extent permitted by federal law, school
23districts, county offices of education, and
begin delete secondary schools that are eligible
24provide instruction exclusively in partnership with any of the
25entities or programs described in subdivision (b)end delete
27to apply to local workforce development boards to provide basic
28skills training and skills necessary for attaining a secondary school
begin delete However, the boards shall prioritizeend delete
30 programs that
32specialize in a secondary school diploma from a school accredited
33by the Western Association of Schools and Colleges.
34(b) Pursuant to subdivision (a), entities or programs include
35programs that serve out-of-school youth through exclusive
36partnerships between secondary schools and any of the following:
37(1) The California Workforce Development Board or local
38workforce development board.
39(2) Federally affiliated Youth Build programs.
P31 1(3) Federal job corps training or instruction provided pursuant
2to a memorandum of understanding with the federal provider.
3(4) The California Conservation Corps or local conservation
4corps certified by the California Conservation Corps pursuant to
5Section 14406 or 14507.5 of the Public Resources Code.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.