BILL NUMBER: AB 2628 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member V. Manuel Perez
FEBRUARY 19, 2010
An act to amend Sections 14202, 14203, 14204, 14205, 14221, and
14230 of, and to add Section 14013.5 to, the Unemployment Insurance
Code, relating to workforce development.
LEGISLATIVE COUNSEL'S DIGEST
AB 2628, as introduced, V. Manuel Perez. Workforce development:
Renewable Energy Workforce Readiness Initiative: local workforce
investment boards.
(1) Existing law, the California Workforce Investment Act,
establishes the California Workforce Investment Board (CWIB), which
is the body responsible for assisting the Governor in the
development, oversight, and continuous improvement of California's
workforce investment system, and prescribes the functions and duties
of the board with regard to the implementation and administration of
workforce training and development programs. Existing law establishes
the Green Collar Jobs Council (GCJC) as a special committee in the
CWIB, comprised of specified members, to assist in providing
workforce development and job training relating to green collar jobs.
This bill would require the CWIB, by July 1, 2011, in consultation
with the Green Collar Jobs Council (GCJC), to establish a Renewable
Energy Workforce Readiness Initiative to ensure green collar career
placement and advancement opportunities within California's renewable
energy generation, manufacturing, construction, installation,
maintenance, and operation sectors that is targeted towards specified
populations. The bill would require that the initiative provide
guidance to local workforce investment boards on how to establish
comprehensive green collar job assessment, training, and placement
programs that reflect the local and regional economies, as
prescribed. The bill would require the CWIB, in developing the
initiative, to assist the local workforce investment boards in
collecting and analyzing specified labor market data, in order to
assess accurate local or regional industry cluster workforce
development and training needs. The CWIB would be required to submit
to the Legislature, by January 1, 2013, a report on the
implementation of the initiative. The bill would require that the
board only implement the initiative established pursuant to
provisions of the bill if the Director of Finance determines that
there are sufficient funds made available to the state for
expenditure for the initiative pursuant to the American Recovery and
Reinvestment Act of 2009, the federal Workforce Investment Act of
1998, or other federal law, or from other non-General Fund sources,
and would require that the initiative terminate at such time that the
director determines that there are no longer sufficient funds
available for the initiative.
(2) Existing law requires the local chief elected officials in a
local workforce development program to form, pursuant to specified
guidelines established by the Governor and the board, a local
workforce investment board, and prescribes the duties of the board
with regard to the development and implementation of local workforce
investment plans, as specified.
This bill would revise the membership of the local workforce
investment board and revise local workforce investment plan
requirements.
Because the bill imposes new duties on local government workforce
investment boards, it would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) California is fortunate to have some of the finest solar,
wind, and geothermal resources in the world, giving California the
opportunity to lead the United States in the development of renewable
energy technologies and the creation of green collar jobs.
(2) A 2006 analysis performed by the Renewable Energy Policy
Project looked at the employment gains throughout the United States
and found that, of all the 50 states, California has the greatest
potential to generate new renewable energy manufacturing activity.
(3) The Governor issued Executive Order S-14-08, which increased
the state's renewable portfolio standard to 33 percent by 2020, and
positioned California's economy, technology centers, financial
institutions, businesses, workers, and consumers to benefit from the
state's renewable energy efforts.
(4) California's investment in the production of renewable energy
and associated infrastructure could be targeted to strengthen sectors
and regions of the state economy suffering from high unemployment
rates and poverty.
(5) Educational institutions, in collaboration with labor and
community-based organizations, play a significant role in the
progress of renewable energy curriculum and career job placement
within emerging renewable energy industries.
(6) California's Imperial and Riverside Counties are recognized as
having some of the highest potential for renewable energy
development in California and also some of the highest unemployment
rates in the state.
(7) Educational institutions in the Imperial, Riverside, and San
Bernardino Counties, such as Imperial Valley College, College of the
Desert, Palo Verde Community College, University of California at
Riverside, and California State San Bernardino are seeking to
establish collaborations with local labor and renewable energy
organizations but lack infrastructure, technical assistance, and
resources.
(8) The federal Workforce Investment Act of 1998 (WIA) (29 U.S.C.
Sec. 2801 et seq.) makes funding available to states that offer
training and workforce development services through state and local
workforce investment boards, based on a set formula that includes
specified economic and demographic data in order to provide
appropriate programming in local workforce areas.
(9) The California Workforce Investment Board (CWIB) has
established a special committee known as the Green Collar Jobs
Council (GCJC) pursuant to Section 15002 of the Unemployment
Insurance Code. The GCJC is comprised of appropriate representatives
from the existing CWIB membership, and other appropriate members who
serve as consultants to the GCJC in the development and
implementation of California's green economic industry.
(10) The 2009-10 estimated WIA allocation to local workforce
investment boards is approximately $363 million, while California
will receive about $63 million in discretionary funding.
(11) California is expected to receive approximately $787 million
in funds appropriated under the American Recovery and Reinvestment
Act of 2009 (ARRA) (Public Law 111-5) for use for purposes related to
assisting unemployed workers and struggling families. California is
also expected to receive $480 million in supplemental WIA funding to
be used for (A) youth formula grants; (B) dislocated worker programs;
and (C) adult services grants. Of the $480 million in WIA funding
targeted for California, the CWIB is expected to receive
approximately $70 million to carry out supplemental programs related
to the ARRA-funded programs.
(12) California's ARRA funding for adult services is expected to
total approximately $80,117,954. These funds are intended to be used
to provide grants to states for adult employment and training
activities, including supportive services and needs-related payments
to support the employment and training needs of priority populations,
including recipients of public assistance and other low-income
individuals.
(b) It is the intent of the Legislature to establish the
"California Renewable Energy Workforce Readiness Initiative" in order
for the California Workforce Investment Board (CWIB) to prepare
California's youth, military veterans, and adult workers for the
economy of the future.
SEC. 2. Section 14013.5 is added to the Unemployment Insurance
Code, to read:
14013.5. (a) In furtherance of the requirements of this division,
no later than July 1, 2011, the board, in consultation with the
Green Collar Jobs Council (GCJC) and other appropriate state
agencies, shall establish a Renewable Energy Workforce Readiness
Initiative to ensure green collar career placement and advancement
opportunities within California's renewable energy generation
manufacturing, construction, installation, maintenance, and operation
sectors. The initiative shall provide guidance to the local
workforce investment boards on how to establish comprehensive green
collar job assessment, training, and placement programs that reflect
the local and regional economies. The purpose of the guidance is to
assist local communities to develop strategies to best utilize moneys
provided under the American Recovery and Reinvestment Act of 2009
(ARRA) (Public Law 111-5), the federal Workforce Investment Act of
1998 (WIA) (29 U.S.C. Sec. 2801 et seq.), federal grants, and other
federal laws in designing and implementing green collar job
development programs that are reflective of local and regional
economies and that lead to stable career opportunities.
(b) Any workforce investment strategies developed by the
initiative shall address how to effectively provide outreach,
assessment, training, and placement to prospective worker
populations, including those that have historically faced barriers to
employment. Those populations include, but are not limited to, all
of the following:
(1) Low-income and disadvantaged populations.
(2) At-risk youth.
(3) Individuals with criminal convictions or juvenile
adjudications.
(4) Displaced and incumbent workers in transition.
(5) Veterans of past or present military service.
(6) Persons with disabilities.
(c) The initiative also shall provide guidance on how to engage
target populations and evaluate potential applicants' ability to
implement and operate renewable energy worker training program in
California. The initiative shall address how local workforce
investment boards can effectively collaborate and shall include the
participation of all of the following entities:
(1) Nonprofit organizations.
(2) Local governments.
(3) State-approved apprenticeship programs.
(4) Community colleges.
(5) Postsecondary educational institutions.
(6) Local workforce training partnerships and collaboratives.
(7) Regional occupational programs (ROP).
(d) The initiative shall 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:
(1) Serve individuals in families with incomes less than 250
percent of the federal poverty level.
(2) 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.
(3) Link adult remedial education with occupational skills
training.
(4) Ensure that supportive services are integrated with education
and training, and delivered by organizations with direct access to
and experience with targeted populations.
(5) Involve employers and labor organizations, recognized by the
National Labor Relations Board (NLRB), 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.
(6) Leverage additional public and private resources to fund
readiness programs, including cash or in-kind matches from
participating employers, nonprofits, or labor organizations
recognized by the NLRB.
(e) The board shall 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, in the
Department of Industrial Relations, related to renewable energy and
workforce development in California.
(f) In developing the initiative, the board shall assist the local
workforce investment boards in collecting and analyzing labor market
data from existing reports and available data, in order to assess
accurate local or regional industry cluster workforce development and
training needs.
(g) No later than January 1, 2013, the board shall report to the
Legislature on the implementation of this section. The report shall
include an assessment of how effective the guidance required to be
provided pursuant to subdivision (a) was in assisting local workforce
investment boards in establishing renewable energy workforce
training programs that lead to permanent jobs. The board shall only
implement the initiative established pursuant to this section if the
Director of Finance determines that there are sufficient funds made
available to the state for expenditure for the initiative pursuant to
the ARRA, the WIA, or other federal law, or from other non-General
Fund Sources, and the initiative shall terminate at such time that
the director determines that there are no longer sufficient funds
available for the initiative.
SEC. 3. Section 14202 of the Unemployment Insurance Code is
amended to read:
14202. Membership of the local board shall be appointed by the
local chief elected official using criteria established by the
Governor and the board, and shall include:
(a) (1) Representatives of business in the
local area appointed from among individuals nominated by local
business organizations and business trade associations and that
reflect employment opportunities of the local area. Business
(2) Business representatives
shall be owners of businesses, chief executives, or operating
officers of businesses or other business executives, including human
resources executives, or employers with optimum policymaking or
hiring authority. Wherever applicable, and as board member
vacancies occur, business representatives may include women and
minorities employing persons in the local area, 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 shall be nominated and included in the
local board.
(b) Representatives of local educational entities, including
representatives of local educational agencies, local school boards,
entities providing adult education and literacy activities, public
and private postsecondary educational institutions, including
representatives of community colleges, selected from among
individuals nominated by regional or local educational agencies,
institutions, or organizations representing local educational
entities.
(c) Representatives of labor organizations nominated by local
labor federations, including a representative of an
a state-approved apprenticeship program. At
least 15 percent of local board members shall be representatives of
labor organizations unless the local labor federation fails to
nominate enough members. If this occurs, then at least 10 percent of
the local board members shall be representatives of labor
organizations.
(d) Representatives of local community-based organizations,
including organizations representing individuals with disabilities
and veterans , and ; organizations that
serve populations with barriers to employment, such as the
economically disadvantaged, youth, which may include youth in
foster care, persons with prior criminal convictions or juvenile
adjudication, indigent persons, farmworkers, homeless,
and immigrants ; and, wherever applicable,
representatives of environmental advocacy or environmental justice
advocacy organizations .
(e) Representatives of economic development agencies, including
private sector economic development entities.
(f) Representatives of each of the one-stop partners. A
single entity, including those identified in subdivisions (b) and
(c), can represent multiple one-stop partners described in Section
14231.
(g) Members of the local board that represent organizations,
agencies, or other entities shall be individuals with optimum
policymaking authority within those organizations, agencies, or
entities.
SEC. 4. Section 14203 of the Unemployment Insurance Code is
amended to read:
14203. Membership of local boards may include other individuals
or representatives of entities as the local elected official in the
local area may determine to be appropriate. A single member of the
local board may be appointed to represent multiple
constituencies on the local board.
SEC. 5. Section 14204 of the Unemployment Insurance Code is
amended to read:
14204. 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 .
SEC. 6. Section 14205 of the Unemployment Insurance Code is
amended to read:
14205. The local board shall elect a chairperson for the local
board from among the business representatives , as described in
Section 14204 .
SEC. 7. Section 14221 of the Unemployment Insurance Code is
amended to read:
14221. The local plan shall include all of the following:
(a) A local labor market assessment which
that contains an identification of local and regional workforce
investment needs of key industry sectors, businesses, jobseekers,
and incumbent workers in the local area, the current and projected
employment opportunities and the job skills necessary to obtain that
employment.
(b) A description of the local one-stop delivery system, including
all of the following:
(1) A description of how the local board will achieve system
integration that will improve services to employers, incumbent
workers, and jobseekers, and a description of local funding sources.
(2) A copy of each memorandum of understanding between the local
board and each of the one-stop partners concerning the operation of
the one-stop delivery system in the local area.
(c) A description of the local levels of performance negotiated
with the Governor and chief local elected official to be used to
measure the performance of the local area and the performance of the
local fiscal agent, eligible providers, and the one-stop delivery
system in the local area. Performance standards shall not create
disincentives for serving clients for whom it is more difficult to
provide service.
(d) A description and assessment of the type and availability of
adult and dislocated worker employment and training activities in the
local area , including state- approved apprenticeship programs
.
(e) A description of how the local board will provide services to
the business community, including, but not limited to, recruitment
and staffing services, training, and development, information and
resources, and outplacement and business retention services.
(f) A description of how the local board will coordinate workforce
investment activities carried out in the local area with statewide
rapid response activities, as appropriate.
(g) A description and assessment of the type and availability of
youth activities in the local area, including an identification of
successful providers of those activities.
(h) A description of the process used by the local board,
consistent with Section 14223, to provide an opportunity for public
comment, including comment by representatives of businesses, labor
organizations, and community-based organizations, and input into the
development of the local plan, prior to submission of the plan.
(i) An identification of the entity, as prescribed in the
Workforce Investment Act of 1998, responsible for the disbursal of
funds under the Workforce Investment Act of 1998.
(j) A description of the competitive process to be used to award
the grants and contracts in the local area for activities carried out
under the Workforce Investment Act of 1998.
SEC. 8. Section 14230 of the Unemployment Insurance Code is
amended to read:
14230. (a) It is the intent of the Legislature that:
(1) California deliver comprehensive workforce services to
jobseekers, students, and employers through a system of one-stop
career centers.
(2) Services and resources target high-wage industry sectors with
career advancement opportunities.
(3) Universal access to core services shall be
available to adult residents regardless of income, education,
employment barriers, or other eligibility requirements. Core services
shall include, but not be limited to:
(A) Outreach, intake, and orientation to services available
through the one-stop delivery system.
(B) Initial assessment of skill levels, aptitudes, abilities, and
supportive service needs.
(C) Job search and placement assistance.
(D) Career counseling, where appropriate.
(E) Provision of labor market information.
(F) Provision of program performance and cost information on
eligible providers of training services and local area performance
measures.
(G) Provision of information on supportive services in the local
area.
(H) Provision of information on the filing of claims for
unemployment compensation benefits and unemployment compensation
disability benefits.
(I) Assistance in establishing eligibility for welfare-to-work
activities pursuant to Section 11325.8 of the Welfare and
Institutions Code, and financial aid assistance.
(4) State and federally funded workforce education, training, and
employment programs shall be integrated in the
one-stop delivery system to achieve universal access to the core
services described in paragraph (3).
(5) Intensive services shall be available to
individuals who have completed at least one core service, have been
unable to obtain employment, and who have been determined, by the
one-stop operator, as being in need of more intensive services, or
who are employed but in need of intensive services to obtain or
retain employment to achieve self-sufficiency. Intensive services may
include comprehensive and specialized assessments of skill levels
and service needs, including learning disability screening, the
development of individual employment plans, counseling, career
planning, and short-term prevocational services to prepare an
individual for training and employment.
(6) Training services shall be made available
to individuals who have met the requirements for intensive services,
have been unable to obtain or retain employment through these
services, and who, after an interview, evaluation, or assessment, are
determined to be in need of training, and have selected a program of
services directly linked to occupations in demand in the local or
regional area. Training services may include:
(A) Occupational skill training including training for
nontraditional employment.
(B) On-the-job training.
(C) Programs that combine workplace training with related
instruction.
(D) Training programs operated by the private sector.
(E) Skill upgrading and retraining.
(F) Entrepreneurial training.
(G) Job readiness training.
(H) Adult education and literacy activities, including vocational
English as a second language, provided in combination with
subparagraphs (A) through to (G),
inclusive.
(I) Customized training conducted by an employer or a group of
employers or a labor-management training partnership with a
commitment to employ an individual upon completion of the training.
(J) Entrance into a state-approved apprenticeship program shall be
considered placement into a job.
(7) As prescribed in the Workforce Investment Act of 1998, when
funds are limited, priority for intensive services and training
services shall be given to adult recipients of
public assistance and other low-income adults, such as CalWORKs
participants.
(b) Each local workforce investment board shall establish at least
one full service one-stop career center in the local workforce
investment area. Each full service one-stop career center shall have
all entities specified in Section 14231 as partners and shall provide
jobseekers with integrated employment, education, training, and job
search services. Additionally, employers will be provided with access
to comprehensive career and labor market information, job placement,
economic development information, performance and program
information on service providers, and other such services as the
businesses in the community may require.
(c) Local boards may also establish affiliated and specialized
centers, as defined in the Workforce Investment Act of 1998, which
shall act as portals into the larger local one-stop system, but are
not required to have all of the partners specified for full service
one-stop centers.
(d) Each local board shall develop a policy for identifying
individuals who, because of their skills or experience, should be
referred immediately to training services. This policy, along with
the methods for referral of individuals between the one-stop
operators and the one-stop partners for appropriate services and
activities, shall be contained in the memorandum of understanding
between the local board and the one-stop partners.
(e) In light of California's diverse population, each one-stop
career center should have the capacity to provide the appropriate
services to the full range of languages and cultures represented in
the community served by the one-stop career center.
SEC. 9. Section 14230 of the Unemployment Insurance Code is
amended to read:
14230. (a) It is the intent of the Legislature that:
(1) California deliver comprehensive workforce services to
jobseekers, students, and employers through a system of one-stop
career centers.
(2) Services and resources target high-wage industry sectors with
career advancement opportunities.
(3) Universal access to core services shall be
available to adult residents regardless of income, education,
employment barriers, or other eligibility requirements. Core services
shall include, but not be limited to:
(A) Outreach, intake, and orientation to services available
through the one-stop delivery system.
(B) Initial assessment of skill levels, aptitudes, abilities, and
supportive service needs.
(C) Job search and placement assistance.
(D) Career counseling, where appropriate.
(E) Provision of labor market information.
(F) Provision of program performance and cost information on
eligible providers of training services and local area performance
measures.
(G) Provision of information on supportive services in the local
area.
(H) Provision of information on the filing of claims for
unemployment compensation benefits and unemployment compensation
disability benefits.
(I) Assistance in establishing eligibility for welfare-to-work
activities pursuant to Section 11325.8 of the Welfare and
Institutions Code, and financial aid assistance.
(4) State and federally funded workforce education, training, and
employment programs shall be integrated in the
one-stop delivery system to achieve universal access to the core
services described in paragraph (3).
(5) (A) Intensive services shall
be available to individuals who have completed at least one
core service, have been unable to obtain employment, and who have
been determined, by the one-stop operator, as being in need of more
intensive services, or who are employed but in need of intensive
services to obtain or retain employment to achieve self-sufficiency.
Intensive
(B) Intensive services may
include comprehensive and specialized assessments of skill levels and
service needs, including learning disability screening, the
development of individual employment plans, counseling, career
planning, and short-term prevocational services to prepare an
individual for training and employment.
(C) Other intensive services such as out-of-area job search
assistance, literacy activities related to workforce readiness,
relocation assistance, internships, and work experience programs may
be made available to individuals who have met the requirements for
intensive services based on an assessment or individual employment
plan.
(D) For the purposes of this paragraph, "work experience" means a
planned, structured, learning experience that takes place in a
workplace for a limited period of time. Work experience may be paid
or unpaid, as appropriate. A work experience workplace may be in the
private for-profit sector, the nonprofit sector, or the public
sector. Labor standards shall apply in any work experience where an
employee-employer relationship, as defined by the Fair Labor
Standards Act (29 U.S.C. Sec. 201, et seq.) exists.
(6) Training services shall be made available
to individuals who have met the requirements for intensive services,
have been unable to obtain or retain employment through these
services, and who, after an interview, evaluation, or assessment, are
determined to be in need of training, and have selected a program of
services directly linked to occupations in demand in the local or
regional area. Training services may include:
(A) Occupational skill training including training for
nontraditional employment.
(B) On-the-job training.
(C) Programs that combine workplace training with related
instruction.
(D) Training programs operated by the private sector.
(E) Skill upgrading and retraining.
(F) Entrepreneurial training.
(G) Job readiness training.
(H) Adult education and literacy activities, including vocational
English as a second language, provided in combination with
subparagraphs (A) through to (G)
, inclusive.
(I) Preapprenticeship and registered apprenticeship training. For
the purposes of this section, entrance into a registered
apprenticeship program shall be considered placement into a job.
(I)
(J) Customized training conducted by an
employer or a group of employers or a labor-management training
partnership with a commitment to employ an individual upon completion
of the training.
(K) Entrance into a state-approved apprenticeship program shall be
considered placement into a job.
(7) As prescribed in the Workforce Investment Act of 1998, when
funds are limited, priority for intensive services and training
services shall be given to adult recipients of
public assistance and other low-income adults, such as CalWORKs
participants.
(b) Each local workforce investment board shall establish at least
one full service one-stop career center in the local workforce
investment area. Each full service one-stop career center shall have
all entities specified in Section 14231 as partners and shall provide
jobseekers with integrated employment, education, training, and job
search services. Additionally, employers will be provided with access
to comprehensive career and labor market information, job placement,
economic development information, performance and program
information on service providers, and other such services as the
businesses in the community may require.
(c) Local boards may also establish affiliated and specialized
centers, as defined in the Workforce Investment Act of 1998, which
shall act as portals into the larger local one-stop system, but are
not required to have all of the partners specified for full service
one-stop centers.
(d) Each local board shall develop a policy for identifying
individuals who, because of their skills or experience, should be
referred immediately to training services. This policy, along with
the methods for referral of individuals between the one-stop
operators and the one-stop partners for appropriate services and
activities, shall be contained in the memorandum of understanding
between the local board and the one-stop partners.
(e) In light of California's diverse population, each one-stop
career center should have the capacity to provide the appropriate
services to the full range of languages and cultures represented in
the community served by the one-stop career center.
SEC. 10. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.