BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2349
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          Date of Hearing:   April 7, 2010

                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
                                Sandre Swanson, Chair
                  AB 2349 (Fong) - As Introduced:  February 19, 2010
           
          SUBJECT  :   Workforce development: Youth at Work Program.

           SUMMARY  :   Requires the California Workforce Investment Board  
          (CWIB) to collaborate with the local workforce investment boards  
          to establish the California Youth at Work Program (Program) to  
          provide summer job training and work experience opportunities  
          for youth, as specified.  Specifically,  this bill  :  

          1)Specifies the Program shall be established with the following  
            requirements, among other things:

             a)   The Program must focus primarily on providing summer job  
               training and work experience opportunities for youth in the  
               state, and that the period of "summer" shall be from May 1  
               through September 30 of each year, but that program start  
               and end dates may vary within this time period.

             b)   The Program must include a work experience and academic  
               enrichment components.

             c)   Eligible youth who participate in the California Youth  
               at Work Program shall be between 14 years of age and 24  
               years of age.

             d)   Low-income youth and certain youth populations facing  
               barriers to employment, as specified, shall be deemed  
               automatically eligible for the Program.

             e)   The Program shall, to the extent feasible and  
               appropriate, incorporate work-based learning strategies,  
               work experience and other activities that involve exposing  
               youth to industrial job opportunities that are key to the  
               economic region, as specified.

             f)   Wages or stipends, or both, may be provided to youth in  
               a classroom-based component of a summer employment  
               opportunity.

             g)   The Program shall incorporate career pathways or career  








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               ladders as part of the summer youth program and should be  
               coordinated with existing employment training programs and  
               economic development programs, as specified.

             h)   The CWIB in consultation with the local workforce  
               investment boards shall request, if required, any necessary  
               waivers from the United States Department of Labor, to  
               ensure effective and efficient implementation of the  
               Program set forth in this bill.

             i)   The Program established by this bill shall only be  
               implemented if the Director of Finance determines that  
               there are sufficient federal or state funds made available  
               to the state to expend on for the Program.

          1)Specifies that local workforce investment boards are to award  
            grants or contracts to eligible providers of youth activities,  
            consistent with federal law or with other funding sources and  
            to identify eligible providers of training in a manner  
            consistent with federal law.

           EXISTING FEDERAL LAW  in the Workforce Investment Act (WIA) of  
          1998 requires all states to form state workforce investment  
          boards, and for Governors to designate local workforce  
          investment areas and oversee local workforce investment boards.   
          WIA requires that 85 percent of the federal funds supplied go to  
          the local workforce investment boards, with the remainder  
          allocated for state discretionary purposes. 

          Creates the American Recovery and Reinvestment Act of 2009  
          (ARRA) which allocates additional WIA funds over the 2009-2010  
          and 2010-2011 fiscal years.  ARRA also makes additional funds  
          available, which include funding for summer youth programs,  
          nationally through competitive grants which may be accessed,  
          among other groups, by state workforce investment boards and  
          local workforce investment boards.

           EXISTING STATE LAW  establishes the California Workforce  
          Investment Board (CWIB), and requires the CWIB to assist the  
          Governor with promoting the continuous development and oversight  
          of a well-educated and highly skilled workforce, and development  
          of the State Workforce Investment Plan.  

           FISCAL EFFECT  :   Unknown









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           COMMENTS  :  In February 2009, President Obama signed into law the  
          ARRA, which sought to use federal stimulus dollars to combat the  
          current economic recession.  In March 2009, the Senate Labor and  
          Industrial Relations Committee and the Assembly Committee on  
          Labor and Employment held an informational hearing on the state  
          of the economy, as well as how the stimulus funds would affect  
          California.  At that hearing, the Legislative Analyst's Office  
          (LAO) stated that California would receive an additional $494  
          million for the 2009-10 and 2010-11 fiscal years, on top of the  
          $491 million allocated for fiscal year 2009-10 in WIA funds.  Of  
          the $494 million that we will receive through the ARRA, $188  
          million has been allocated for youth programs.
           
          After the passage of the ARRA, the federal Department of Labor  
          released a Training and Employment Guidance Letter (TEGL) that  
          provided specific policy guidance and instructions for how to  
          expend ARRA funds.  One area of focus in the TEGL was on youth  
          job programs, and how those program funds should be expended,  
          what programs are allowable, and what definitions should be used  
          when setting the parameters of youth programs.  Specifically,  
          the TEGL notes the following when discussing youth programming:
           
               While the Act does not limit the use of the Recovery Act  
               funds to summer employment, the Congressional explanatory  
               statement for the Act states that "the conferees are  
               particularly interested in these funds being used to create  
               summer employment opportunities for youth." ETA [Employment  
               Training Administration] strongly encourages states and  
               local areas to use as much of these funds as possible to  
               operate expanded summer youth employment opportunities  
               during the summer of 2009, and provide as many youth as  
               possible with summer employment opportunities?



          According to the author, in the summer of 2009, nearly 50,000  
          youth in California were employed through the Program partly due  
          to the temporary ARRA funding.   The summer youth Program  
          provided thousands of California youth throughout our state good  
          jobs with skill building and work readiness training. With the  
          increase from ARRA being a limited one-time occurrence along  
          with the significant decreases in WIA funding since 2001, all  
          but a few WIA youth programs still remain.  

          Once the ARRA funds are no longer available, the author hopes  








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          that with the enactment of this bill the California Youth at  
          Work Program will continue to be an effective and beneficial  
          resource for disadvantaged youth that will afford them an  
          opportunity to gain vital work experience and important learning  
          based strategies, within the guidelines of the WIA, which  
          benefit the economy by helping California's youth gain the  
          skills necessary to become and remain competitive in the  
          workforce.

           Prior Legislation  

          AB 1559 (Committee on Labor and Employment) of 2009, vetoed by  
          the Governor, would have codified ongoing summer youth job  
          training programs, as well as the requirements and definitions  
          presented in the Department of Labor's Training and Employment  
          Guidance Letter 14-08, facilitating the use of American Recovery  
          and Reinvestment Act (ARRA) funds.

          SB 410 (Ducheny) of 2009, vetoed by the Governor, seeked to  
          provide greater oversight over the spending of the federal  
          American Recovery and Reinvestment Act of 2009 (ARRA) funds, as  
          well as to set clear legislative goals and priorities for the  
          use of those funds relative to workforce            readiness  
          programs.

          SB 302 (Ducheny), Statutes of 2008, Chapter 376, created the  
          requirement that the Employment Development Department report  
          annually on the training expenditures made by local workforce  
          investment boards in the prior fiscal year, and authorized  
          additional accounting practices.
           
          SB 293 (Ducheny), Statutes of 2006, Chapter 630, restructured  
          the local workforce investment boards and the state workforce  
          investment boards, as well as authorized the submittal of  
          unified local plans for welfare-to-work programs.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Alliance of Child and Family Services
          California Workforce Association (sponsor)

           Opposition 
           








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          None on file.
           
          Analysis Prepared by  :    Lorie Erickson / L. & E. / (916)  
          319-2091