BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1378
                                                                  Page  1

          Date of Hearing:   January 12, 2010

                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
                                  Mary Salas, Chair
                  AB 1378 (V. Perez) - As Amended:  January 4, 2010
           
          SUBJECT  :   California Workforce Investment Board: veterans'  
          workforce accountability act.

           SUMMARY  :   Implements the Veterans Workforce Accountability Act  
          (Act) under the administration of the California Workforce  
          Investment Board (CWIB) for the purposes of providing a method  
          for the comprehensive outcome-oriented evaluation on the  
          effectiveness of the state's expenditures for veteran workforce  
          development programs.  Specifically,  this bill  :  >

          1)Requires the CWIB to conduct an annual assessment evaluating  
            the effectiveness of federally funded and state administered  
            programs that are designed to assist veterans transition into  
            civilian work, including but no limited to, the eighteen  
            million dollar ($18,000,000) annual grant that the state  
            receives from the U.S. Department of Labor (USDOL) for veteran  
            workforce training.  

          2)Requires the CWIB to develop clear, comprehensive and  
            transparent objectives and appropriate criteria that can be  
            used to undertake the required assessment of the effectiveness  
            of the existing workforce training and job referral programs  
            for California veterans.

          3)Requires the CWIB, in consultation with the Employment  
            Training Panel (ETP), the Department of Veterans' Affairs  
            (CDVA) and Employment Development Department (EDD), to  
            outline, implement and administer the provisions of the Act.  

          4)Requires that the assessment contain ways to evaluate the  
            extent to which: 

               a)     Moneys are being spent for outreach, assessment of  
                 job skills, and interests and referral of veterans to  
                 specific training opportunities and prospective jobs; 

               b)     Information is provided to veterans regarding ways  
                 to finance training opportunities that require fees or  
                 the payment of tuition; 








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               c)     Funds are being used to assess job skills acquired  
                 during military service that could be used or adapted for  
                 civilian jobs by the veteran;

               d)     Funds are being used to provide workforce training  
                 and job referral programs for eligible veterans at  
                 one-stop career centers.

          5)Requires an annual report to the Governor and the appropriate  
            policy and budget committees in the Legislature on the  
            effectiveness of the job skills training and employment  
            opportunities being provided to transitioning veterans.

          6)Provides that the requirements of this bill will only be  
            implemented to the extent that federal funds are made  
            available.


           EXISTING LAW  :

          1)The federal Workforce Investment Act of 1998 offers a  
            comprehensive range of workforce development moneys to finance  
            activities through statewide and local organizations.   
            Eligible clients include, but are not limited to, people  
            looking for jobs, laid off workers, youth, or persons just  
            entering the job market, veterans and persons with  
            disabilities. 

          2)Establishes the CWIB for the purpose of assisting the state in  
            meeting the requirements of the federal Workforce Investment  
            Act of 1998 (WIA), as well as assisting the Governor in the  
            development, oversight, and continuous improvement of  
            California's workforce investment system.

          3)Requires each local workforce investment board to establish at  
            least one full service one-stop career center in the local  
            workforce investment area.  One-stop career centers are  
            required to include a specified group of job search related  
            entities and provide jobseekers with integrated employment,  
            education, training, and job search services.  Employers can  
            also be provided with access to career and labor market  
            information, job placement assistance, and other such services  
            as the businesses in the community may require.









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           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   

           1)Purpose  :  According to the author, over the years, our nation  
            has called on our service men and women in the Armed Forces to  
            protect and serve Americans at home and abroad. Upon their  
            honorable completion of service and their return home,  
            veterans face tremendous challenges transitioning back into  
            civilian life. In fact, many desperately struggle to find  
            jobs, housing, health services, and other needed social  
            services. In some cases, recovery from physical and  
            psychological injuries makes the transition into civilian life  
            even more challenging.  Without adequate employment  
            opportunities or workforce training, American veterans have  
            few options for their futures outside of reenlistment for  
            military service or unemployment and potential homelessness.

          According to the author, every veteran should be afforded the  
            opportunity for a bright future and that the state should try  
            to help them access all tools and resources necessary to  
            achieve success in their civilian lives. Upon returning home,  
            veterans should not have to suffer a diminished quality of  
            life as a result of their service to the nation.  

          Currently, California receives $18 million dollars annually from  
            the USDOL to pay for approximately 180 workforce training  
            staff.  These are federally funded staff assigned to positions  
            within EDD to only serve veterans.  The purpose of AB 1378 is  
            to ensure that money designated to assist veterans is being  
            utilized efficiently and that veterans have the opportunity to  
            develop the competitive workforce skills required to obtain  
            good paying jobs.

          2)California Veterans:   The CDVA is responsible for  
            administering a number of special programs, benefits and  
            services for California veterans and their families.  The US  
            Department of Veterans Affair (USDVA) estimates the National  
            Veteran Population as of 2007 was 23,442,000.  In California  
            there are roughly 2,078,000 veterans, which make up 8.8% of  
            the national population. While most veterans are men, 8% of  
            the veteran population is women. 

          Veterans are facing a tremendous challenge transitioning back  








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            into civilian life.  After having served in the armed forces,  
            veterans returning to the California civilian workforce find  
            that the jobs they once had are now gone.  A USDVA study found  
            that 18% of the veterans who sought jobs within one to three  
            years of discharge are unemployed, while one out of four  
            veterans who did find jobs earned less than $21,840 a year. 

           3)How well are veterans being served  ?  Although federal and  
            state law provides for a variety of workforce development  
            programs, the needs of veterans can sometimes be overlooked or  
            overshadowed by other workforce development priorities.

          As noted earlier, EDD annually receives $18 million in federal  
            funding to support veteran outreach professionals in  
            Sacramento and in the EDD One-Stop Career Centers throughout  
            the state.  Concerns have been raised by the veteran advocacy  
            community that these workforce development professionals may  
            not be used to their maximum potential.  Additionally, in 2009  
            significant new federal dollars were provided for California  
            workforce development programs, but it is unclear how much of  
            those moneys will end up serving veterans.  

          With moneys available, it then falls to the state to ensure that  
            those moneys are best leveraged and integrated with other  
            resources available to serve veterans.  Following is a list of  
            questions regarding workforce resources and training that  
            could be addressed through the implementation of this bill: 

          a)   How well does the state strategically combine federal,  
            state and local veteran workforce resources?

          b)   Are the EDD One-Stop Career Centers successful in helping  
            veterans connect with small business information?

          c)   Are the EDD veteran workforce specialists trained to know  
            other state, local and federal programs and services that are  
            designed to meet the workforce training needs of veterans.  

          As an example of unique local resources, several, but not all,  
            local workforce investment boards are linking through the  
            Internet to a web-based portal developed by CALED's affiliate  
            education nonprofit, "Tools for Business."  On this portal,  
            veterans can learn about economic and workforce development  
            programs for which they or their employer could be eligible.   
            Currently, the San Bernardino's One-Stop Career Center  








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             www.sbeta.toolsfortrade.info  , the Imperial Economic  
            Development Corporation  www.ivedc.toolsforbusiness.info  , and  
            the Smart Business Resource Center funded through the Northern  
            Rural Training and Employment Consortium    
             www.thesmartcenter.biz/aboutus.htm  all use "Tools for  
            Business." 

          California will not be alone in assessing and addressing the  
            quality of its services to veterans.  Other states have faced  
            similar challenges leading to modest and dramatic changes in  
            program delivery.  As an example, in 2005, Texas enacted H.B.  
            2604, which reorganized all the veteran focused programs under  
            one entity and named it the "Texas Veterans Commission."   
            Under this bill, the Texas Veterans Commission became the  
            central administering entity for all veteran related programs.  
             According to the USDOL, the hiring success rate for veterans  
            in Texas increased from 57% in 2006 to 85% in 2008.  

          By comparison, California's success rate for helping veterans  
            obtain jobs was 52% in 2006 and remained constant through  
            2008. AB 1378 proposes that the state take a comprehensive,  
            systematic and outcome oriented look at how it currently  
            serves the workforce development needs of veterans.  This  
            assessment could provide key information on how California  
            could have a more integrated and successful approach to  
            providing veteran services using existing resources, including  
            outreach, skill assessments, training, and help with job  
            placement.  

           4)California Economic Development Recovery Strategy:   In  
            anticipation of the enactment of the $787 billion federal  
            stimulus package, Assemblyman P?rez, Chairman of the Assembly  
            Economic Development Committee, called for the preparation of  
            a statewide 24 month blueprint on how to most effectively use  
            federal stimulus funds to address the state's most immediate  
            economic and workforce needs while still serving as a catalyst  
            for advancing the state's long-term economic growth.  

          The Recovery Strategy proposed to use the broadest set of  
            community, economic, and workforce development tools to link  
            these new federal resources with the people and organizations  
            they are designed to serve.  In order to accomplish this  
            important task, the Recovery Strategy recommends that the  
            state serve as a facilitator to support and enhance each  
            community's individual initiative to design and implement  








                                                                  AB 1378
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            policies and programs which best meet their needs. 

          This bill implements several recommendations in the Recovery  
            Strategy, including the overall objective to manage resources  
            toward defined outcomes, utilizing solid planning principles  
            and good data.  The Recovery Strategy further recommends that  
            the state take a special focus on the workforce training,  
            assessment and referral needs for veterans including  
            idenitifying and enhancing skills that service men and woman  
            acquired while serving in the military and converting those  
            skills for civilian work.  

           5)Background on workforce training dollars  :  The following are  
            descriptions, including funding levels, for existing workforce  
            training programs and services.

          a)       Workforce Investment Board (WIB)  :  The role of the WIB  
            is to assist the Governor in designing a statewide plan and  
            establishing appropriate policy for workforce development  
            programs.  WIA funding is distributed to states based on a set  
            formula which includes specified economic and demographic  
            data. California's share has declined over the years from a  
            high of $630 million in 2000-01 to an estimated $427 million  
            2009-10.

          Pursuant to federal WIA requirements, 85% of funding flowing to  
            the states ius reallocated to the local workforce investment  
            boards.  Resources used to carry out CWIB activities are  
            derived from the Governor's 15% WIA Discretionary funds.  The  
            2009-10 estimated WIA allocation to local workforce investment  
            boards is $363 million, while the state will receive about $63  
            million in discretionary moneys.  Recent budget actions,  
            however, redirected portions of state discretionary moneys to  
            offset General Fund employment and training costs at the  
            California Department of Corrections and Rehabilitation or the  
            California Conservation Corp. 

          Under the $787 billion federal stimulus package, California was  
            expected to receive $480 million in supplemental funding  
            through three WIA funding streams:  Youth formula grants,  
            dislocated worker funding, and adult services grants.  The  
            chart below outlines the expected WIA funding for California.
           
                 ----------------------------------------------------------- 
                |WIA Funding in the 2009 Federal Stimulus Package           |








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                 ----------------------------------------------------------- 
                |----------------+---------------------+---------------------|
                |                |Funding Available    |Funding Available in |
                |                |Nationally           |California           |
                |----------------+---------------------+---------------------|
                |Youth           |$1,188,000,000       |$186,622,034         |
                |Activities      |                     |                     |
                |----------------+---------------------+---------------------|
                |Adult           |$495,000,000         |$80,117,954          |
                |Activities      |                     |                     |
                |----------------+---------------------+---------------------|
                |Dislocated      |$1,435,500,000       |$221,906,888         |
                |Worker          |                     |                     |
                 ------------------------------------------------------------ 
                 
            Of the $480 million in WIA moneys targeted for California, the  
            CWIB is expected to                     receive approximately  
            $70 million to carry out supplemental activities related to  
            the federal stimulus programs.  These moneys are required to  
            be fully expended in 24 months.   The dislocated worker and  
            adult activities moneys are distributed to the state under  
            existing Workforce Investment Act formulas.

            b)       One-Stop Service Centers and Wagner-Peyser Funding  :   
            Among EDD's most important missions is to ensure that  
            California's workforce has the skills that employers need to  
            manage their businesses.  EDD's major workforce investment  
            programs include the California One-Stop Career Centers, the  
            California Jobs Service Program (CalJOBS), Employment Training  
            Panel, and the Workforce Investment Program.

            The One-Stop Career Center system is a statewide network of  
            centers that provide employment, education, and training  
            services all in one location.  The One-Stop Centers work with  
            public and private non-profit partners to provide their  
            services.  The One-Stop Centers include programs such as Job  
            Services, Unemployment Insurance, Vocational Education, and  
            Vocational Rehabilitation.  The One-Stop Centers provide their  
            services in English and Spanish and are organized around a  
            locally determined set of priorities, which are designed to  
            meet the unique employment needs in each community.  All but  
            two of California's 58 counties have a One-Stop Center, with  
            many counties having multiple one-stop locations.   

            The federal Wagner-Peyser Act (WPA) funds employment training  








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            programs administered through EDD, most specifically, the  
            employment services through the One-Stop Career Center service  
            delivery structure. The state currently receives about $80  
            million in WPA funds.  Services funded with WPA moneys  
            include: job search assistance, job referral, placement  
            assistance for job seekers, reemployment services to  
            unemployment insurance (UI) claimants, and recruitment  
            services to employers with job openings.  

            The Recovery Act provides an additional $47 million in WPA  
            funds for state employment services.  Of this amount,  
            approximately $29 million is required to be used for  
            reemployment services to UI claimants.



                   ------------------------------------------------- 
                  |State    |Total        |RES        |Other        |
                  |??       |Allotment    |           |             |
                  |??       |         ??  |           |             |
                  |         |             |           |             |
                  |---------+-------------+-----------+-------------|
                  |Total    |$396,000,000 |$247,500,00|             |
                  |??       |             |0          |$148,500,000 |
                  |         |??           |  ??       |             |
                  |         |             |           |             |
                  |---------+-------------+-----------+-------------|
                  |Californi|$46,970,564  |$29,356,604|$17,613,960  |
                  |a        |             |           |             |
                  |         |??           | ??        |             |
                  |         |??           |           |             |
                   ------------------------------------------------- 


              c)       California Employment Training Panel:  The Employment  
            Training Panel (ETP) was created in 1983.  It assists  
            employers in strengthening their competitive edge by providing  
            funds to offset the costs of job skills training necessary to  
            maintain high-performance workplaces.  ETP is governed by an 8  
            member panel, of which 7 are appointed by the Governor and the  
            Assembly and Senate leadership and the last member is the  
            Secretary of Business, Transportation and Housing.  

            The ETP has made service to veterans a priority and included a  
            new pilot program for veterans as part of its Strategic plan  








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            for FY 2008-09.  The ETP had planned to award $2 million for  
            the veteran's pilot program, however, due to the state's  
            budget deficit, larger than anticipated amounts of money were  
            shifted to the CalWORKS Program.  
           
          6)       Related legislation:   Below are bills related to the  
             veteran and workforce training.

          a)       AB 165 (Carter)  :  This bill would have required the CWIB  
             to make recommendations and provide technical assistance on  
             entrepreneurial training opportunities that could be made  
             available through local workforce investment boards.  The  
             bill makes other related changes to the definition of  
             microenterprise, as well as deleting requirements from the  
             duties of the CWIB.  Status:  Held by the Assembly Committee  
             on Appropriations in May 2009. 

          b)       AB 1567 (Committee on Veterans Affairs):   This bill  
             would have required that the Employment Training Panel Plan  
             include a statement detailing the employment training goals,  
             objectives, and strategies that may be implemented to support  
             target populations in need of employment training, including  
             military veterans.  Status:  The bill was vetoed by the  
             Governor on October 11, 2009 and was accompanied by the  
             following veto statement:  I appreciate the service and  
             dedication our veterans have provided to California and  
             strongly support providing them employment training and  
             opportunities.  However, ETP already supports employment  
             training for military veterans and its annual strategic  
             planning process already puts a strong focus on developing  
             training projects and partnerships in the veteran community.   
             As California continues to struggle in these difficult  
             economic times, this bill would reduce ETP's flexibility to  
             meet the changing needs of California's employers and  
             workers.  

          c)       AB 2998 (Carter)  :  This bill would have required the  
             California Workforce Investment Board to develop guidelines  
             for entrepreneurial training by January 1, 2010.  The bill  
             also adds legislative intent on the importance of all  
             Californians having access to training related to self  
             employment and entrepreneurship.  Status:  Held in the Senate  
             Appropriations Committee in 2008. 

          d)       SB 293 (Ducheny):   This bill replaced the Family  








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             Economic Security Act in the California Unemployment  
             Insurance Code with provisions that generally implement the  
             Workforce Investment Act of 1998 in California.  Even though  
             a majority of the provisions in the bill are taken from the  
             federal WIA, there are new, California provisions which will  
             require substantive changes in the workforce system.  

          There are also re-articulations of some federal requirements  
             that require interpretation and guidance to local WIBs, as  
             well as minor adjustments in the way that the state and local  
             WIBs conduct business.  The first is the requirement that the  
             California WIB create a strategic workforce plan for the  
             state.  The State Plan is intended to serve as a framework  
             for the Strategic Two-Year Plan for the WIA.  It also serve's  
                                                                                      as a framework for the development of workforce policy and  
             fiscal investment, and for the operation of California's  
             labor exchange, workforce education, and training programs.   
             Status: Signed into law, Chapter 630, Statutes of 6006


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Assembly Committee on Jobs, Economic Development and the Economy  
          (Sponsor)
          California Association of Veteran Service Agencies 

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Eric Worthen / V. A. / (916) 319-3550