Amended in Assembly August 27, 2015

Amended in Assembly August 17, 2015

Amended in Assembly July 1, 2015

Senate BillNo. 342


Introduced by Senator Jackson

February 23, 2015


An act to amend Sections 14000, 14005, and 14013 of the Unemployment Insurance Code, relating to unemployment insurance.

LEGISLATIVE COUNSEL’S DIGEST

SB 342, as amended, Jackson. California Workforce Investment Board: responsibilities.

(1) Under existing law, the California Workforce Investment Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system. Existing law requires the board to assist the Governor in targeting resources to specified industry sectors and providing guidance to ensure that services reflect the needs of those sectors.

This bill would additionally require 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.

(2) Existing law requires the California Workforce Investment Board, in consultation with the Division of Apprenticeship Standards, to identify opportunities for “earn and learn” job training opportunities that meet an industry’s workforce demands and that are in high-wage, high-demand jobs, identify and develop specific requirements and qualifications for entry into “earn and learn” job training models, and establish standards for “earn and learn” job training programs that are outcome oriented and accountable, as specified.

This bill would define the term “earn and learn” for the purposes of these provisions.

(3) This bill would incorporate additional changes to Sections 14000, 14005, and 14013 of the Unemployment Insurance Code made by this bill and AB 1270 to take effect if both bills are chaptered and this bill is chaptered last.

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

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

P2    1

SECTION 1.  

Section 14000 of the Unemployment Insurance
2Code
is amended to read:

3

14000.  

(a) The Legislature finds and declares that, in order
4for California to remain prosperous and globally competitive, it
5needs to have a well-educated and highly skilled workforce.

6(b) The Legislature finds and declares that the following
7principles shall guide the state’s workforce investment system:

8(1) Workforce investment programs and services shall be
9responsive to the needs of employers, workers, and students by
10accomplishing the following:

11(A) Preparing California’s students and workers with the skills
12necessary to successfully compete in the global economy.

13(B) Producing greater numbers of individuals who obtain
14industry-recognized certificates and degrees in competitive and
15emerging industry sectors and filling critical labor market skills
16gaps.

17(C) Adapting to rapidly changing local and regional labor
18markets as specific workforce skill requirements change over time.

19(D) Preparing workers for good-paying jobs that foster economic
20security and upward mobility.

21(2) State and local workforce investment boards are encouraged
22to collaborate with other public and private institutions, including
23businesses, unions, nonprofit organizations, kindergarten and
24grades 1 to 12, inclusive, career technical education programs,
25adult career technical education and basic skills programs,
26community college career technical education and basic skills
P3    1programs, entrepreneurship training programs, where appropriate,
2the California Community Colleges Economic and Workforce
3Development Program, and the Employment Training Panel, to
4better align resources across workforce education and training
5service delivery systems and build a well-articulated workforce
6investment system by accomplishing the following:

7(A) Adopting local and regional training and education strategies
8which include workplace-based earn and learn programs that build
9on the strengths and fill the gaps in the education and workforce
10development pipeline in order to address the needs of job seekers,
11workers, and employers within regional labor markets by
12supporting sector strategies.

13(B) Leveraging resources across education and workforce
14training delivery systems to build career pathways and fill critical
15skills gaps.

16(3) Workforce investment programs and services shall be data
17driven and evidence based when setting priorities, investing
18resources, and adopting practices.

19(4) Workforce investment programs and services shall develop
20strong partnerships with the private sector, ensuring industry
21involvement in needs assessment, planning, and program
22evaluation.

23(A) Workforce investment programs and services shall
24encourage industry involvement by developing strong partnerships
25with an industry’s employers and the unions that represent the
26industry’s workers.

27(B) Workforce investment programs and services may consider
28the needs of employers and businesses of all sizes, including large,
29medium, small, and microenterprises, when setting priorities,
30investing resources, and adopting practices.

31(5) Workforce investment programs and services shall be
32outcome oriented and accountable, measuring results for program
33participants, including, but not limited to, outcomes related to
34program completion, employment, and earnings.

35(6) Programs and services shall be accessible to employers, the
36self-employed, workers, and students who may benefit from their
37operation, including individuals with employment barriers, such
38as persons with economic, physical, or other barriers to
39employment.

P4    1

SEC. 1.5.  

Section 14000 of the Unemployment Insurance Code
2 is amended to read:

3

14000.  

(a) The Legislature finds and declares that, in order
4for California to remain prosperous and globally competitive, it
5needs to have a well-educated and highly skilled workforce.

6(b) The Legislature finds and declares that the following
7principles shall guide the state’s workforce investment system:

8(1) Workforce investment programs and services shall be
9responsive to the needs of employers, workers, and students by
10accomplishing the following:

11(A) Preparing California’s students and workers with the skills
12necessary to successfully compete in the global economy.

13(B) Producing greater numbers of individuals who obtain
14industry-recognized certificates and career-oriented degrees in
15competitive and emerging industry sectors and filling critical labor
16market skills gaps.

17(C) Adapting to rapidly changing local and regional labor
18markets as specific workforce skill requirements change over time.

19(D) Preparing workers for good-paying jobs that foster economic
20security and upward mobility.

21(E) Aligning employment programs, resources, and planning
22efforts regionally around industry sectors that drive regional
23employment to connect services and training directly to jobs.

24(2) State and local workforce development boards are
25encouraged to collaborate with other public and private institutions,
26including businesses, unions, nonprofit organizations, kindergarten
27and grades 1 to 12, inclusive, career technical education programs,
28adult career technical education and basic skills programs,
29apprenticeships, community college career technical education
30and basic skills programs, entrepreneurship training programs,
31where appropriate, the California Community Colleges Economic
32and Workforce Development Program, the Employment Training
33Panel, and county-based social and employment services, to better
34align resources across workforce, training, education, and social
35service delivery systems and build a well-articulated workforce
36investment system by accomplishing the following:

37(A) Adopting local and regional training and education strategies
38which include workplace-based earn and learn programs that build
39on the strengths and fill the gaps in the education and workforce
40development pipeline in order to address the needs of job seekers,
P5    1workers, and employers within regional labor markets by
2supporting sector strategies.

3(B) Leveraging resources across education and workforce
4training delivery systems to build career pathways and fill critical
5skills gaps.

6(3) Workforce investment programs and services shall be data
7driven and evidence based when setting priorities, investing
8resources, and adopting practices.

9(4) Workforce investment programs and services shall develop
10strong partnerships with the private sector, ensuring industry
11involvement in needs assessment, planning, and program
12evaluation.

13(A) Workforce investment programs and services shall
14encourage industry involvement by developing strong partnerships
15with an industry’s employers and the unions that represent the
16industry’s workers.

17(B) Workforce investment programs and services may consider
18the needs of employers and businesses of all sizes, including large,
19medium, small, and microenterprises, when setting priorities,
20investing resources, and adopting practices.

21(5) Workforce investment programs and services shall be
22outcome oriented and accountable, measuring results for program
23participants, including, but not limited to, outcomes related to
24program completion, employment, and earnings.

25(6) Programs and services shall be accessible to employers, the
26self-employed, workers, and students who may benefit from their
27operation, including individuals with employment barriers, such
28as persons with economic, physical, or other barriers to
29employment.

30

SEC. 2.  

Section 14005 of the Unemployment Insurance Code
31 is amended to read:

32

14005.  

For purposes of this division:

33(a) “Board” means the California Workforce Investment Board.

34(b) “Agency” means the Labor and Workforce Development
35Agency.

36(c) “Career pathways,” “career ladders,” or “career lattices”
37mean an identified series of positions, work experiences, or
38educational benchmarks or credentials with multiple access points
39that offer occupational and financial advancement within a
40specified career field or related fields over time.

P6    1(d) “Cluster-based sector strategies” mean methods of focusing
2 workforce and economic development on those sectors that have
3demonstrated a capacity for economic growth and job creation in
4a particular geographic area.

5(e) “Data driven” means a process of making decisions about
6investments and policies based on systematic analysis of data,
7which may include data pertaining to labor markets.

8(f) “Economic security” means, with respect to a worker, earning
9a wage sufficient to support a family adequately, and, over time,
10to save for emergency expenses and adequate retirement income,
11based on factors such as household size, the cost of living in the
12worker’s community, and other factors that may vary by region.

13(g) “Evidence-based” means making use of policy research as
14a basis for determining best policy practices. Evidence-based
15policymakers adopt policies that research has shown to produce
16positive outcomes, in a variety of settings, for a variety of
17populations over time. Successful, evidence-based programs deliver
18quantifiable and sustainable results. Evidence-based practices
19differ from approaches that are based on tradition, belief,
20convention, or anecdotal evidence.

21(h) “High-priority occupations” mean occupations that have a
22significant presence in a targeted industry sector or industry cluster,
23are in demand by employers, and pay or lead to payment of a wage
24that provides economic security.

25(i) “Individual with employment barriers” means an individual
26with any characteristic that substantially limits an individual’s
27ability to obtain employment, including indicators of poor work
28history, lack of work experience, or access to employment in
29nontraditional occupations, long-term unemployment, lack of
30educational or occupational skills attainment, dislocation from
31high-wage and high-benefit employment, low levels of literacy or
32English proficiency, disability status, or welfare dependency.

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

P7    1(k) (1) “Industry or sector partnership” means a workforce
2collaborative that organizes key stakeholders in a targeted industry
3cluster into a working group that focuses on the workforce needs
4of the targeted industry cluster. An industry or sector partnership
5organizes the stakeholders connected with a specific local or
6regional industry--multiple firms, labor groups, education and
7training providers, and workforce and education systems--to
8develop workforce development strategies within the industry.
9Successful sector partnerships leverage partner resources to address
10both short-term and long-term human capital needs of a particular
11sector, including by analyzing current labor markets and identifying
12barriers to employment within the industry, developing cross-firm
13skill standards, curricula, and training programs, and developing
14occupational career ladders to ensure workers of all skill levels
15can advance within the industry.

16(2) Industry or sector partnerships include, at the appropriate
17stage of development of the partnership, all of the following:

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

21(B) One or more representatives of state labor organizations,
22central labor coalitions, or other labor organizations, except in
23instances where no labor representations exists.

24(C) One or more representatives of local workforce investment
25boards.

26(D) One or more representatives of kindergarten and grades 1
27to 12, inclusive, and postsecondary educational institutions or other
28training providers, including, but not limited to, career technical
29educators.

30(E) One or more representatives of state workforce agencies or
31other entities providing employment services.

32(3) An industry or sector partnership may also include
33representatives from the following:

34(A) State or local government.

35(B) State or local economic development agencies.

36(C) Other state or local agencies.

37(D) Chambers of commerce.

38(E) Nonprofit organizations.

39(F) Philanthropic organizations.

40(G) Economic development organizations.

P8    1(H) Industry associations.

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

4(l) “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(m) “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(n) “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
27occupations.

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
33partnerships.

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(o) “Workforce Investment Act of 1998” means the federal act
40enacted as Public Law 105-220.

P9    1(p) (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
9experience.

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

SEC. 2.5.  

Section 14005 of the Unemployment Insurance Code
20 is amended to read:

21

14005.  

For purposes of this division:

22(a) “Board” means the California Workforce Development
23Board.

24(b) “Agency” means the Labor and Workforce Development
25Agency.

26(c) “Career pathways,” “career ladders,” or “career lattices” are
27an identified series of positions, work experiences, or educational
28benchmarks or credentials with multiple access points that offer
29occupational and financial advancement within a specified career
30field or related fields over time. “Career pathways,” “career
31ladders,” and “career lattices” offer combined programs of rigorous
32and high-quality education, training, and other services that do all
33of the following:

34(1) Align with the skill needs of industries in the economy of
35the state or regional economy involved.

36(2) Prepare an individual to be successful in any of a full range
37of secondary or postsecondary education options, including
38apprenticeships registered under the National Apprenticeship Act
39of 1937 (29 U.S.C. Sec. 50 et seq.), except as in Section 3226 of
40Title 29 of the United States Code.

P10   1(3) Include counseling to support an individual in achieving the
2individual’s education and career goals.

3(4) Include, as appropriate, education offered concurrently with
4and in the same context as workforce preparation activities and
5training for a specific occupation or occupational cluster.

6(5) Organize education, training, and other services to meet the
7particular needs of an individual in a manner that accelerates the
8educational and career advancement of the individual to the extent
9 practicable.

10(6) Enable an individual to attain a secondary school diploma
11or its recognized equivalent, and at least one recognized
12postsecondary credential.

13(7) Help an individual enter or advance within a specific
14occupation or occupational cluster.

15(d) “Cluster-based sector strategies” mean methods of focusing
16workforce and economic development on those sectors that have
17demonstrated a capacity for economic growth and job creation in
18a particular geographic area.

19(e) “Data driven” means a process of making decisions about
20investments and policies based on systematic analysis of data,
21which may include data pertaining to labor markets.

22(f) “Economic security” means, with respect to a worker, earning
23a wage sufficient to support a family adequately, and, over time,
24to save for emergency expenses and adequate retirement income,
25based on factors such as household size, the cost of living in the
26worker’s community, and other factors that may vary by region.

27(g) “Evidence-based” means making use of policy research as
28a basis for determining best policy practices. Evidence-based
29policymakers adopt policies that research has shown to produce
30positive outcomes, in a variety of settings, for a variety of
31populations over time. Successful, evidence-based programs deliver
32quantifiable and sustainable results. Evidence-based practices
33differ from approaches that are based on tradition, belief,
34convention, or anecdotal evidence.

35(h) “High-priority occupations” mean occupations that have a
36significant presence in a targeted industry sector or industry cluster,
37are in demand, or projected to be in demand, by employers, and
38pay or lead to payment of a wage that provides economic security.

39(i) (1) “In-demand industry sector or occupation” means either
40of the following:

P11   1(A) An industry sector that has a substantial current or potential
2impact, including through jobs that lead to economic
3self-sufficiency and opportunities for advancement, on the state,
4regional, or local economy, as appropriate, and that contributes to
5the growth or stability of other supporting businesses, or the growth
6of other industry sectors.

7(B) An occupation that currently has or is projected to have a
8number of positions, including positions that lead to economic
9self-sufficiency and opportunities for advancement, in an industry
10sector so as to have a significant impact on the state, regional, or
11local economy, as appropriate.

12(2) The determination of whether an industry sector or
13occupation is “in-demand” under this subdivision shall be made
14by the board or local board, or through the regional planning
15process in which local boards participate under the Workforce
16Innovation and Opportunity Act, as appropriate, using state and
17regional business and labor market projections, including the use
18of labor market information.

19(j) “Individual with employment barriers” means an individual
20with any characteristic that substantially limits an individual’s
21ability to obtain employment, including indicators of poor work
22history, lack of work experience, or access to employment in
23nontraditional occupations, long-term unemployment, lack of
24educational or occupational skills attainment, dislocation from
25high-wage and high-benefit employment, low levels of literacy or
26English proficiency, disability status, or welfare dependency,
27including members of all of the following groups:

28(1) Displaced homemakers.

29(2) Low-income individuals.

30(3) Indians, Alaska Natives, and Native Hawaiians, as those
31terms are defined in Section 3221 of Title 29 of the United States
32Code.

33(4) Individuals with disabilities, including youths who are
34 individuals with disabilities.

35(5) Older individuals.

36(6) Ex-offenders.

37(7) Homeless individuals, as defined in Section 14043e-2(6) of
38Title 42 of the United States Code, or homeless children and
39youths, as defined in Section 11434a(2) of Title 42 of the United
40States Code.

P12   1(8) Youth who are in, or have aged out of, the foster care system.

2(9) Individuals who are English language learners, individuals
3who have low levels of literacy, and individuals facing substantial
4cultural barriers.

5(10) Eligible migrant and seasonal farmworkers, as defined in
6Section 3322(i) of Title 29 of the United States Code.

7(11) Individuals within two years of exhausting lifetime
8eligibility under Part A of Title IV of the Social Security Act (42
9U.S.C. Sec. 601 et seq.).

10(12) Single parents, including single, pregnant women.

11(13) Long-term unemployed individuals.

12(14) Any other groups as the Governor determines to have
13barriers to employment.

14(k) “Industry cluster” means a geographic concentration or
15emerging concentration of interdependent industries with direct
16service, supplier, and research relationships, or independent
17industries that share common resources in a given regional
18economy or labor market. An industry cluster is a group of
19employers closely linked by common product or services,
20workforce needs, similar technologies, and supply chains in a given
21regional economy or labor market.

22(l) “Industry or sector partnership” means a workforce
23collaborative, convened or acting in partnership with the board or
24a local board, that does the following:

25(1) Organizes key stakeholders in an industry cluster into a
26 working group that focuses on the shared goals and human
27resources needs of the industry cluster and that includes, at the
28appropriate stages of development of the partnership:

29(A) Representatives of multiple businesses or other employers
30in the industry cluster, including small and medium-sized
31employers when practicable.

32(B) One or more representatives of a recognized state labor
33organization or central labor council, or another labor
34representative, as appropriate.

35(C) One or more representatives of an institution of higher
36education with, or another provider of, education or training
37programs that support the industry cluster.

38(2) The workforce collaborative may include representatives of
39any of the following:

40(A) State or local government.

P13   1(B) State or local economic development agencies.

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

3(D) A state workforce agency or entity providing employment
4services.

5(E) Other state or local agencies.

6(F) Business or trade associations.

7(G) Economic development organizations.

8(H) Nonprofit organizations, community-based organizations,
9or intermediaries.

10(I) Philanthropic associations.

11(J) Industry associations.

12(K) Other organizations, as determined to be necessary by the
13members comprising the industry sector or partnership.

14(m) “Industry sector” means those firms that produce similar
15products or provide similar services using somewhat similar
16business processes, and are closely linked by workforce needs,
17within a regional labor market.

18(n) “Local labor federation” means a central labor council that
19is an organization of local unions affiliated with the California
20Labor Federation or a local building and construction trades council
21affiliated with the State Building and Construction Trades Council
22of California.

23(o) “Sector strategies” means methods of prioritizing
24investments in competitive and emerging industry sectors and
25industry clusters on the basis of labor market and other economic
26data indicating strategic growth potential, especially with regard
27to jobs and income, and exhibit the following characteristics:

28(1) Focus workforce investment in education and workforce
29training programs that are likely to lead to jobs providing economic
30security or to an entry-level job with a well-articulated career
31pathway into a job providing economic security.

32(2) Effectively boost labor productivity or reduce business
33barriers to growth and expansion stemming from workforce supply
34problems, including skills gaps and occupational shortages by
35directing resources and making investments to plug skills gaps
36and provide education and training programs for high-priority
37occupations.

38(3) May be implemented using articulated career pathways or
39lattices and a system of stackable credentials.

P14   1(4) May target underserved communities, disconnected youths,
2incumbent workers, and recently separated military veterans.

3(5) Frequently are implemented using industry or sector
4partnerships.

5(6) Typically are implemented at the regional level where sector
6firms, those employers described in subdivisions (j) and (l), often
7share a common labor market and supply chains. However, sector
8strategies may also be implemented at the state or local level
9depending on sector needs and labor market conditions.

10(p) “Workforce Innovation and Opportunity Act of 2014” means
11the federal act enacted as Public Law 113-128.

12(q) (1) “Earn and learn” includes, but is not limited to, a
13program that does either of the following:

14(A) Combines applied learning in a workplace setting with
15compensation allowing workers or students to gain work experience
16and secure a wage as they develop skills and competencies directly
17relevant to the occupation or career for which they are preparing.

18(B) Brings together classroom instruction with on-the-job
19training to combine both formal instruction and actual paid work
20experience.

21(2) “Earn and learn” programs include, but are not limited to,
22all of the following:

23(A) Apprenticeships.

24(B) Preapprenticeships.

25(C) Incumbent worker training.

26(D) Transitional and subsidized employment, particularly for
27individuals with barriers to employment.

28(E) Paid internships and externships.

29(F) Project-based compensated learning.

30

SEC. 3.  

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

32

14013.  

The board shall assist the Governor in the following:

33(a) Promoting the development of a well-educated and highly
34skilled 21st century workforce.

35(b) Developing the State Workforce Investment Plan.

36(c) Developing guidelines for the continuous improvement and
37operation of the workforce investment system, including:

38(1) Developing policies to guide the one-stop system.

39(2) Providing technical assistance for the continuous
40improvement of the one-stop system.

P15   1(3) Recommending state investments in the one-stop system.

2(4) Targeting resources to competitive and emerging industry
3sectors and industry clusters that provide economic security and
4are either high-growth sectors or critical to California’s economy,
5or both. These industry sectors and clusters shall have significant
6economic impacts on the state and its regional and workforce
7development needs and have documented career opportunities.

8(5) To the extent permissible under state and federal laws,
9recommending youth policies and strategies that support linkages
10between kindergarten and grades 1 to 12, inclusive, and community
11college educational systems and youth training opportunities in
12order to help youth secure educational and career advancement.
13These policies and strategies may be implemented using a sector
14strategies framework and should ultimately lead to placement in
15a job providing economic security or job placement in an
16entry-level job that has a well-articulated career pathway or career
17ladder to a job providing economic security.

18(6) To the extent permissible under state and federal law,
19recommending adult and dislocated worker training policies and
20investments that offer a variety of career opportunities while
21upgrading the skills of California’s workforce. These may include
22training policies and investments pertaining to any of the following:

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

25(B) On-the-job training.

26(C) Programs that combine workplace training with related
27instruction, which may include cooperative education programs.

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

29(E) Skill upgrading and retraining.

30(F) Entrepreneurial training.

31(G) Job readiness training.

32(H) Adult education and literacy activities provided in
33combination with any of the services described in this paragraph.

34(I) Customized training conducted with a commitment by an
35employer or group of employers to employ an individual upon
36successful completion of the training.

37(d) Developing and continuously improving the statewide
38workforce investment system as delivered via the one-stop delivery
39system and via other programs and services supported by funding
40from the federal Workforce Investment Act of 1998, including:

P16   1(1) Developing linkages in order to ensure coordination and
2nonduplication among workforce programs and activities.

3(2) Reviewing local workforce investment plans.

4(3) Leveraging state and federal funds to ensure that resources
5are invested in activities that meet the needs of the state’s
6competitive and emerging industry sectors and advance the
7education and employment needs of students and workers so they
8can keep pace with the education and skill needs of the state, its
9regional economies, and leading industry sectors.

10(e) Commenting, at least once annually, on the measures taken
11pursuant to the Carl D. Perkins Vocational and Applied Technology
12 Education Act Amendments of 1990 (Public Law 101-392; 20
13U.S.C. Sec. 2301 et seq.).

14(f) Designating local workforce investment areas within the
15state based on information derived from all of the following:

16(1) Consultations with the Governor.

17(2) Consultations with the chief local elected officials.

18(3) Consideration of comments received through the public
19comment process, as described in Section 112(b)(9) of the federal
20Workforce Investment Act of 1998.

21(g) Developing and modifying allocation formulas, as necessary,
22for the distribution of funds for adult employment and training
23activities, for youth activities to local workforce investment areas,
24and dislocated worker employment and training activities, as
25permitted by federal law.

26(h) Coordinating the development and continuous improvement
27of comprehensive state performance measures, including state
28adjusted levels of performance, to assess the effectiveness of the
29workforce investment activities in the state.

30(i) Preparing the annual report to the United States Secretary of
31Labor.

32(j) Recommending policy for the development of the statewide
33employment statistics system, including workforce and economic
34data, as described in Section 49l-2 of Title 29 of the United States
35Code, and using, to the fullest extent possible, the Employment
36Development Department’s existing labor market information
37systems.

38(k) Recommending strategies to the Governor for strategic
39training investments of the Governor’s 15-percent discretionary
40funds.

P17   1(l) Developing and recommending waivers, in conjunction with
2local workforce investment boards, to the Governor as provided
3for in the federal Workforce Investment Act of 1998.

4(m) Recommending policy to the Governor for the use of the
525-percent rapid response funds, as authorized under the federal
6Workforce Investment Act of 1998.

7(n) Developing an application to the United States Department
8of Labor for an incentive grant under Section 9273 of Title 20 of
9the United States Code.

10(o) (1) Developing a workforce metrics dashboard, to be
11updated annually, that measures the state’s human capital
12investments in workforce development to better understand the
13collective impact of these investments on the labor market. The
14workforce metrics dashboard shall be produced using existing
15available data and resources that are currently collected and
16accessible to state agencies. The board shall convene workforce
17program partners to develop a standardized set of inputs and
18outputs for the workforce metrics dashboard. The workforce
19metrics dashboard shall do all of the following:

20(A) Provide a status report on credential attainment, training
21completion, degree attainment, and participant earnings from
22workforce education and training programs. The board shall publish
23and distribute the final report.

24(B) Provide demographic breakdowns, including, to the extent
25possible, race, ethnicity, age, gender, veteran status, wage and
26credential or degree outcomes, and information on workforce
27outcomes in different industry sectors.

28(C) Measure, at a minimum and to the extent feasible with
29existing resources, the performance of the following workforce
30programs: community college career technical education, the
31Employment Training Panel, Title I and Title II of the federal
32Workforce Investment Act of 1998, Trade Adjustment Assistance,
33and state apprenticeship programs.

34(D) Measure participant earnings in California, and to the extent
35feasible, in other states. The Employment Development Department
36shall assist the board by calculating aggregated participant earnings
37using unemployment insurance wage records, without violating
38any applicable confidentiality requirements.

39(2) The State Department of Education is hereby authorized to
40collect the social security numbers of adults participating in adult
P18   1education programs so that accurate participation in those programs
2can be represented in the report card. However, an individual shall
3not be denied program participation if he or she refuses to provide
4a social security number. The State Department of Education shall
5keep this information confidential and shall only use this
6information for tracking purposes, in compliance with all applicable
7state and federal law.

8(3) (A) Participating workforce programs, as specified in
9subparagraph (C) of paragraph (1), shall provide participant data
10in a standardized format to the Employment Development
11Department.

12(B) The Employment Development Department shall aggregate
13data provided by participating workforce programs and shall report
14the data, organized by demographics, earnings, and industry of
15employment, to the board to assist the board in producing the
16annual workforce metrics dashboard.

17(p) Helping individuals with barriers to employment, including
18low-skill, low-wage workers, the long-term unemployed, and
19members of single-parent households, achieve economic security
20and upward mobility by implementing policies that encourage the
21attainment of marketable skills relevant to current labor market
22trends.

23

SEC. 3.5.  

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

25

14013.  

The board shall assist the Governor in the following:

26(a) Promoting the development of a well-educated and highly
27skilled 21st century workforce.

28(b) Developing, implementing, and modifying the State Plan.
29The State Plan shall serve as the comprehensive framework and
30coordinated plan for the aligned investment of all federal and state
31workforce training and employment services funding streams and
32programs. To the extent feasible and when appropriate, the state
33plan should reinforce and work with adult education and career
34technical education efforts that are responsive to labor market
35trends.

36(c) The review of statewide policies, of statewide programs,
37and of recommendations on actions that should be taken by the
38state to align workforce, education, training, and employment
39funding programs in the state in a manner that supports a
40comprehensive and streamlined workforce development system
P19   1in the state, including the review and provision of comments on
2the State Plan, if any, for programs and activities of one-stop
3partners that are not core programs.

4(d) Developing and continuously improving the statewide
5workforce investment system, including:

6(1) The identification of barriers and means for removing
7barriers to better coordinate, align, and avoid duplication among
8the programs and activities carried out through the system.

9(2) The development of strategies to support the use of career
10pathways for the purpose of providing individuals, including
11low-skilled adults, youth, and individuals with barriers to
12employment, and including individuals with disabilities, with
13workforce investment activities, education, and supportive services
14to enter or retain employment. To the extent permissible under
15 state and federal laws, these policies and strategies should support
16linkages between kindergarten and grades 1 to 12, inclusive, and
17community college educational systems in order to help secure
18educational and career advancement. These policies and strategies
19may be implemented using a sector strategies framework and
20should ultimately lead to placement in a job providing economic
21security or job placement in an entry-level job that has a
22well-articulated career pathway or career ladder to a job providing
23economic security.

24(3) The development of strategies for providing effective
25outreach to and improved access for individuals and employers
26who could benefit from services provided through the workforce
27development system.

28(4) The development and expansion of strategies for meeting
29the needs of employers, workers, and jobseekers, particularly
30through industry or sector partnerships related to in-demand
31industry sectors and occupations, including policies targeting
32resources to competitive and emerging industry sectors and industry
33clusters that provide economic security and are either high-growth
34sectors or critical to California’s economy, or both. These industry
35sectors and clusters shall have significant economic impacts on
36the state and its regional and workforce development needs and
37have documented career opportunities.

38(5) Recommending adult and dislocated worker training policies
39and investments that offer a variety of career opportunities while
P20   1upgrading the skills of California’s workforce. These may include
2training policies and investments pertaining to any of the following:

3(A) Occupational skills training, including training for
4nontraditional employment.

5(B) On-the-job training.

6(C) Incumbent worker training in accordance with Section
73174(d)(4) of Title 29 of the United States Code.

8(D) Programs that combine workplace training with related
9instruction, which may include cooperative education programs.

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

11(F) Skill upgrading and retraining.

12(G) Entrepreneurial training.

13(H) Transitional jobs in accordance with Section 3174 (d)(5)
14of Title 29 of the United States Code.

15(I) Job readiness training provided in combination with any of
16the services described in subparagraphs (A) to (H), inclusive.

17(J) Adult education and literacy activities provided in
18combination with any of the services described in subparagraphs
19(A) to (G), inclusive.

20(K) Customized training conducted with a commitment by an
21employer or group of employers to employ an individual upon
22successful completion of the training.

23(e) The identification of regions, including planning regions,
24for the purposes of Section 3121(a) of Title 29 of the United States
25Code, and the designation of local areas under Section 3121 of
26Title 29 of the United States Code, after consultation with local
27boards and chief elected officials.

28(f) The development and continuous improvement of the
29one-stop delivery system in local areas, including providing
30assistance to local boards, one-stop operators, one-stop partners,
31and providers with planning and delivering services, including
32training services and supportive services, to support effective
33delivery of services to workers, job seekers, and employers.

34(g) Recommending strategies to the Governor for strategic
35training investments of the Governor’s 15-percent discretionary
36funds.

37(h) Developing strategies to support staff training and awareness
38across programs supported under the workforce development
39system.

P21   1(i) The development and updating of comprehensive state
2performance accountability measures, including state adjusted
3levels of performance, to assess the effectiveness of the core
4programs in the state as required under Section 3141(b) of Title
529 of the United States Code. As part of this process the board
6shall do all of the following:

7(1) Develop a workforce metrics dashboard, to be updated
8annually, that measures the state’s human capital investments in
9workforce development to better understand the collective impact
10of these investments on the labor market. The workforce metrics
11dashboard shall be produced using existing available data and
12resources that are currently collected and accessible to state
13agencies. The board shall convene workforce program partners to
14develop a standardized set of inputs and outputs for the workforce
15metrics dashboard. The workforce metrics dashboard shall do all
16of the following:

17(A) Provide a status report on credential attainment, training
18completion, degree attainment, and participant earnings from
19workforce education and training programs. The board shall publish
20and distribute the final report.

21(B) Provide demographic breakdowns, including, to the extent
22possible, race, ethnicity, age, gender, veteran status, wage and
23credential or degree outcomes, and information on workforce
24outcomes in different industry sectors.

25(C) Measure, at a minimum and to the extent feasible with
26existing resources, the performance of the following workforce
27programs: community college career technical education, the
28Employment Training Panel, Title I and Title II of the federal
29Workforce Investment Act of 1998, Trade Adjustment Assistance,
30and state apprenticeship programs.

31(D) Measure participant earnings in California, and to the extent
32feasible, in other states. The Employment Development Department
33shall assist the board by calculating aggregated participant earnings
34using unemployment insurance wage records, without violating
35any applicable confidentiality requirements.

36(2) The State Department of Education is hereby authorized to
37collect the social security numbers of adults participating in adult
38education programs so that accurate participation in those programs
39can be represented in the report card. However, an individual shall
40not be denied program participation if he or she refuses to provide
P22   1a social security number. The State Department of Education shall
2keep this information confidential and shall only use this
3information for tracking purposes, in compliance with all applicable
4state and federal law.

5(3) (A) Participating workforce programs, as specified in
6 subparagraph (C) of paragraph (1), shall provide participant data
7in a standardized format to the Employment Development
8Department.

9(B) The Employment Development Department shall aggregate
10data provided by participating workforce programs and shall report
11the data, organized by demographics, earnings, and industry of
12employment, to the board to assist the board in producing the
13annual workforce metrics dashboard.

14(j) The identification and dissemination of information on best
15practices, including best practices for all of the following:

16(1) The effective operation of one-stop centers, relating to the
17use of business outreach, partnerships, and service delivery
18strategies, including strategies for serving individuals with barriers
19to employment.

20(2) The development of effective local boards, which may
21include information on factors that contribute to enabling local
22boards to exceed negotiated local levels of performance, sustain
23fiscal integrity, and achieve other measures of effectiveness.

24(3) Effective training programs that respond to real-time labor
25market analysis, that effectively use direct assessment and prior
26learning assessment to measure an individual’s prior knowledge,
27skills, competencies, and experiences, and that evaluate such skills,
28and competencies for adaptability, to support efficient placement
29into employment or career pathways.

30(k) The development and review of statewide policies affecting
31the coordinated provision of services through the state’s one-stop
32delivery system described in Section 3151(e) of Title 29 of the
33United States Code, including the development of all of the
34following:

35(1) Objective criteria and procedures for use by local boards in
36assessing the effectiveness and continuous improvement of
37one-stop centers described in Section 3151(e) of Title 29 of the
38United States Code.

39(2) Guidance for the allocation of one-stop center infrastructure
40funds under Section 3151(h) of Title 29 of the United States Code.

P23   1(3) Policies relating to the appropriate roles and contributions
2of entities carrying out one-stop partner programs within the
3one-stop delivery system, including approaches to facilitating
4equitable and efficient cost allocation in such a system.

5(l) The development of strategies for technological
6improvements to facilitate access to, and improve the quality of,
7services and activities provided through the one-stop delivery
8system, including such improvements to all of the following:

9(1) Enhance digital literacy skills, as defined in Section 9101
10of Title 20 of the United States Code, referred to in this division
11as “digital literacy skills.”

12(2) Accelerate the acquisition of skills and recognized
13postsecondary credentials by participants.

14(3) Strengthen the professional development of providers and
15 workforce professionals.

16(4) Ensure the technology is accessible to individuals with
17disabilities and individuals residing in remote areas.

18(m) The development of strategies for aligning technology and
19data systems across one-stop partner programs to enhance service
20delivery and improve efficiencies in reporting on performance
21accountability measures, including the design and implementation
22of common intake, data collection, case management information,
23and performance accountability measurement and reporting
24processes and the incorporation of local input into such design and
25implementation, to improve coordination of services across
26one-stop partner programs.

27(n) The development of allocation formulas for the distribution
28of funds for employment and training activities for adults, and
29youth workforce investment activities, to local areas as permitted
30under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
31States Code.

32(o) The preparation of the annual reports described in paragraphs
33(1) and (2) of Section 3141(d) of Title 29 of the United States
34Code.

35(p) The development of the statewide workforce and labor
36market information system described in Section 49l-2(e) of Title
3729 of the United States Code.

38(q) The development of such other policies as may promote
39statewide objectives for, and enhance the performance of, the
40workforce development system in the state.

P24   1(r) Helping individuals with barriers to employment, including
2low-skill, low-wage workers, the long-term unemployed, and
3members of single-parent households, achieve economic security
4and upward mobility by implementing policies that encourage the
5attainment of marketable skills relevant to current labor market
6trends.

7

SEC. 4.  

(a) Section 1.5 of this bill incorporates amendments
8to Section 14000 of the Unemployment Insurance Code proposed
9by both this bill and Assembly Bill 1270. It shall only become
10operative if (1) both bills are enacted and become effective on or
11before January 1, 2016, (2) each bill amends Section 14000 of the
12Unemployment Insurance Code, and (3) this bill is enacted after
13Assembly Bill 1270, in which case Section 1 of this bill shall not
14become operative.

15(b) Section 2.5 of this bill incorporates amendments to Section
1614005 of the Unemployment Insurance Code proposed by both
17this bill and Assembly Bill 1270. It shall only become operative
18if (1) both bills are enacted and become effective on or before
19January 1, 2016, (2) each bill amends Section 14005 of the
20Unemployment Insurance Code, and (3) this bill is enacted after
21Assembly Bill 1270, in which case Section 2 of this bill shall not
22become operative.

23(c) Section 3.5 of this bill incorporates amendments to Section
2414013 of the Unemployment Insurance Code proposed by both
25this bill and Assembly Bill 1270. It shall only become operative
26if (1) both bills are enacted and become effective on or before
27January 1,begin delete 2015,end deletebegin insert 2016,end insert (2) each bill amends Section 14013 of the
28Unemployment Insurance Code, and (3) this bill is enacted after
29Assembly Bill 1270, in which case Section 3 of this bill shall not
30become operative.



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