BILL ANALYSIS                                                                                                                                                                                                    





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          GOVERNOR'S VETO
          AB 3 (V. Manuel Perez)
          As Amended  September 4, 2009
          2/3 vote

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          |ASSEMBLY:  |52-25|(June 3, 2009)  |SENATE: |26-12|(September 9,  |
          |           |     |                |        |     |2009)          |
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          |ASSEMBLY:  |55-23|(September 10,  |        |     |               |
          |           |     |2009)           |        |     |               |
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           Original Committee Reference:   L. & E.  

           SUMMARY  :   Requires the establishment of the Renewable Energy  
          Workforce Readiness Initiative (Initiative), as specified.  

           The Senate amendments  :

          1 Change the commencement date of the Initiative from January 1,  
            2010 to July 1, 2010.

          2)Change a specified reporting requirement from January 1, 2013  
            to January 1, 2012.

          3)Specify that the Initiative shall be implemented only if the  
            Director of the Department of Finance (Director) determines  
            that there are sufficient federal funds made available to the  
            state for expenditure pursuant to the American Recovery and  
            Reinvestment Act (ARRA) of 2009 or other federal law.

          4)Specify that the Initiative shall terminate at such time that  
            the Director of Finance determines that there are no longer  
            sufficient funds available.

          5)Revise the membership requirements of local workforce  
            investment boards as follows:










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             a)   Specify that wherever applicable, and as board member  
               vacancies occur, businesses representatives may include  
               women and minorities or be representatives of businesses in  
               sectors that provide for conservation, energy efficiency or  
               water efficiency; pollution mitigation; or, renewable  
               energy generation, manufacturing, construction,  
               installation, maintenance and operation;

             b)   Specify that representatives of local community based  
               organizations include organizations that represent youth in  
               foster care, persons with prior criminal convictions or  
               juvenile adjudication, indigent persons, and  
               representatives of environmental advocacy or environmental  
               justice advocacy organizations;

             c)   Specify that a single entity can represent multiple  
               one-stop partners; and,

             d)   Specify that a majority of the members of the local  
               board shall be representatives of businesses in the local  
               area, and may include representatives of business-funded  
               job training programs such as state-approved joint  
               apprenticeship training councils and other formal  
               labor-management training partnerships.

          6)Specify that entrance into a registered apprenticeship program  
            shall be considered placement into a job.

          7)Avoid a chaptering conflict with SB 410 (Ducheny) and make  
            other technical changes.
           
          AS PASSED BY THE ASSEMBLY  , this bill:  

          1 Required the California Workforce Investment Board (CWIB), by  
            2011, to establish the Initiative to ensure green collar job  
            placement and advancement opportunities within California's  
            renewable energy generation, manufacturing, construction,  
            installation, maintenance and operation sectors.

          2)Required the Initiative to provide guidance to local workforce  










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            investment boards on how to establish comprehensive green  
            collar job assessment, training and placement programs that  
            reflect the local and regional economies and best utilize  
            funds provided under the American Recovery and Reinvestment  
            Act of 2009.

          3)Specified that any strategies developed by the Initiative  
            shall address how to effectively provide outreach, assessment,  
            and placement to prospective worker populations, including  
            those that have historically faced barriers to employment,  
            including, but not limited to, all of the following  
            populations:

             a)   Low-income and disadvantaged populations;

             b)   At-risk youth;

             c)   Formerly incarcerated nonviolent offenders;

             d)   Displaced and incumbent workers in transition; and,

             e)   Veterans of past or present military service.

          4)Required the Initiative to provide guidance on how to engage  
            target populations and evaluate potential applicants'  
            abilities to implement and operate renewable energy worker  
            training programs.

          5)Required the Initiative to address how local workforce  
            investment boards can effectively collaborate and include the  
            participation of all of the following entities:

                      a)            Nonprofit organizations;

                      b)            Local governments;

                      c)            State-approved apprenticeship  
                        programs;

                      d)            Community colleges;











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                      e)            Postsecondary educational  
                        institutions;

                      f)            Local workforce training partnerships  
                        and collaboratives; and,

                      g)            Regional occupational programs.

          6)Required the Initiative to further address how local workforce  
            investment boards can prioritize programs that serve  
            prospective workers who have historically faced barriers to  
            employment, including, but not limited to, programs that do  
            all of the following: 

             h)   Serve individuals in families with incomes less than  
               250% of the federal poverty level;

             i)   Include collaboration with community-based nonprofit  
               organizations, labor organizations, state-approved  
               apprenticeship programs and educational institutions with  
               expertise in serving low-income adults or youth;

             j)   Link adult remedial education with occupational skills  
               training;

             aa)           Ensure that supportive services are integrated  
               with education and training, and delivered by organizations  
               with direct access to and experience with targeted  
               populations;

             bb)           Involve employers and labor organizations in  
               the determination of relevant skills and competencies,  
               ensuring that the certificates or credentials that result  
               from the training are recognized by employers and labor  
               organizations; and,

             cc)           Leverage additional public and private  
               resources to fund readiness programs, including cash or  
               in-kind matches from participating employers, nonprofits,  
               or labor organizations.











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          7)Required the CWIB to collect and analyze labor market data,  
            track workforce trends, document academic and occupational  
            competencies, identify future skill needs, promote and support  
            local workforce training initiatives, and provide technical  
            assistance and capacity building to energy partnerships and  
            apprenticeship training programs that are approved by the  
            Division of Apprenticeship Standards related to renewable  
            energy and workforce development in California.

          8)Required the Initiative to report to the Legislature on the  
            implementation of these requirements no later than January 1,  
            2013, as specified.

          9)Provided that these requirements shall be implemented using  
            moneys made available to the CWIB from funds appropriated to  
            the state pursuant to the American Recovery and Reinvestment  
            Act of 2009, to the extent that these funds are available for  
            that purpose.

          10)Made related legislative findings and declarations.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, the Initiative will be implemented only using federal  
          funds or other non-General Fund sources.

           COMMENTS  :  AB 3018 (Nunez), Chapter 312, Statutes of 2008, from  
          last session established the Green Collar Jobs Council (GCJC)  
          within the CWIB.  AB 3018 specified that the GCJC is comprised  
          of the appropriate representatives from the CWIB's existing  
          membership, including the K-12 representative, the California  
          Community Colleges representative, the Business, Transportation  
          and Housing Agency representative, the Employment Development  
          Department representative, and other appropriate members.
           
          AB 3018 also required the GCJC to develop a strategic initiative  
          to identify and develop the framework, funding, strategies,  
          programs, policies, partnerships, and opportunities necessary to  
          address the growing need for a highly skilled and well-trained  
          workforce to meet the needs of California's emerging green  
          economy. 











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          Since the enactment of AB 3018, the GCJC has met several times  
          and is working to develop the strategic initiative discussed  
          above.  Following the enactment of the American Recovery and  
          Reinvestment Act of 2009, the GCJC has been focusing some of its  
          attention on opportunities for green collar jobs made possible  
          as a result of that act.

          AB 1394 (Bass) of 2009 is a follow-up measure to AB 3018.  Among  
          other things, AB 1394 authorizes the GCJC to accept any  
          revenues, moneys, grants, goods, or services from federal and  
          state public entities, local philanthropic organizations, and  
          other sources, to be used for purposes relating to the  
          administration and implementation of a strategic initiative the  
          GCJC is required to develop.  AB 1394 also requires the GCJC to  
          confer with the appropriate state and local agencies to  
          coordinate the award of grant funds and green workforce training  
          funds received by the state under the federal American Recovery  
          and Reinvestment Act of 2009.

          AB 380 (De La Torre) of 2009 proposes to enact the California  
          Clean Energy Curriculum and Training Initiative of 2009.  That  
          measure requires the Labor and Workforce Development Agency, by  
          July 1, 2010, to establish standardized curriculum for use at  
          schools and to provide outreach, assistance, and guidance to  
          schools on creating clean energy training programs.  AB 380 is  
          similar to AB 2224 (De La Torre) of 2008, which was held under  
          submission in the Senate Committee on Appropriations.

           GOVERNOR'S VETO MESSAGE  :

               I fully support the intent of Assembly Bill 3 to train  
               low-income workers, people
               adversely impacted by the recent historic recession,  
               and disadvantaged members of our population for good  
               paying occupations in the California emerging green  
               economy. My Administration is currently working with  
               the California Workforce Investment Board and its  
               Green Collar Jobs Council (Council) toward these ends.  
               At my direction, the Council's membership includes key  
               stakeholders from education, labor, state agencies,  
               private industry, economic development and  










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               philanthropic entities. I believe it is unnecessary to  
               legislatively establish additional mandates on  
               existing efforts to accomplish these objectives.


           Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091 

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