BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 599
          Author:   Negrete McLeod (D)
          Amended:  5/13/09
          Vote:     27 - Urgency

           
           SENATE BUSINESS, PROF. & ECON. DEV. COMM.  :  10-0, 4/27/09
          AYES:  Negrete McLeod, Wyland, Aanestad, Corbett, Correa,  
            Florez, Oropeza, Romero, Walters, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  12-0, 5/28/09
          AYES:  Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,  
            Leno, Oropeza, Runner, Walters, Wyland, Yee
          NO VOTE RECORDED:  Wolk


           SUBJECT  :    Workforce development

           SOURCE  :     Author


           DIGEST  :    This bill requires the successor agency to the  
          former Bureau of Private Postsecondary and Vocational  
          Education, when established, to provide school performance  
          data it receives from schools under its jurisdiction to the  
          California Postsecondary Education Commission; provides  
          workforce investment boards, in distributing economic  
          recovery funds recently made available as part of the  
          American Recovery and Reinvestment Act of 2009, may work  
          directly with institutions of higher education and other  
          training providers; and authorizes the Dental Board of  
          California to expend the remaining funds currently in the  
          Dentally Underserved Account until July 1, 2012, as  
                                                           CONTINUED





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          specified.

           ANALYSIS  :    

          Existing law:

          1. Established the Private Postsecondary and Vocational  
             Education Reform Act of 1989, which became inoperative  
             on July 1, 2007, which expressed legislative intent to  
             ensure minimum standards of instructional quality and  
             institutional stability and required the Bureau of  
             Private Postsecondary and Vocational Education (BPPVE)  
             to, among other things, review and investigate all  
             institutions, programs and courses of instructions  
             approved under the Act.

          2. Establishes the California Postsecondary Education  
             Commission (CPEC) to integrate policy and create fiscal  
             and programmatic analyses about California's  
             postsecondary education system.  Requires CPEC to  
             identify and recommend policies to meet the state's  
             educational, research and public service needs.

          3. Federal law enacts the American Recovery and  
             Reinvestment Act of 2009 (ARRA) which will provide  
             California with approximate $488 million for the  
             Workforce Investment Act (WIA) and other job training  
             programs.

          4. Federal law enacts WIA which provides funding for  
             workforce investment activities to states for specified  
             activities like job training, employment investment,  
             work incentive programs and employment training outreach  
             programs.  

          5. Federal law, under WIA, specifies that 15 percent of a  
             state's federally allocated funds can be retained by the  
             state to develop and coordinate workforce development  
             activities, establishes local workforce development  
             boards to develop, implement and coordinate workforce  
             development programs and specifies that the remaining 85  
             percent of federal funds be allocated to the local  
             workforce investment boards (WIBs) for the purpose of  
             carrying out their workforce development activities.







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          6. States it is the duty of local workforce boards to,  
             among other things, coordinate workforce development  
             activities in the local area and take specified actions  
             to promote economic development and job training  
             programs in the area.

          7. Establishes the Dental Board of California (DBC) within  
             the Department of Consumer Affairs for the purpose of  
             licensing and regulating the practice of dentistry and  
             requires these activities to be funded from fees imposed  
             upon licensees.

          8. Creates the Dental Corps Loan Repayment program, to be  
             administered by DBC, to provide up to $105,000 in loan  
             repayments for dental practitioners who serve in  
             underserved areas and establishes the Dentally  
             Underserved Account in the State Dentistry Fund and  
             transfers $3 million from the Dentistry Fund to the  
             Dental Account over three years, starting July 1,  2003.  
              

          9. Specifies that after a Dental Corps participant has  
             completed one year of service, the Dental Board shall  
             provide up to $25,000 for loan repayment from the Dental  
             Account.  A participant who serves a second consecutive  
             year shall receive up to an additional $35,000 and a  
             third consecutive year would earn an additional $45,000  
             in loan repayment.  Loan repayments from the Dental  
             Account may not exceed $105,000.  

          This bill:

          1. Requires the successor agency to the former BPPVE to  
             transmit any available data regarding school performance  
             it receives from schools under its jurisdiction to CPEC.  
              It specifies that this provision will only become  
             effective if AB 48 (Portantino), which creates a  
             successor to the BPPVE, is enacted and becomes effective  
             on or before January 1, 2010.

          2. Requires, on or after July 1, 2010, DBC to extend the  
             California Dental Corps Loan Repayment Program of 2002  
             and distribute the money remaining in the account until  







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             July 1, 2012.  Specifies that regulations that were  
             adopted by DBC for the purposes of the program continue  
             to apply.

          3. Provides, for purposes of disbursing economic recovery  
             funds recently made available as part of the American  
             Recovery and Reinvestment Act of 2009 to workforce  
             development programs, that local WIBs may work directly  
             with institutions of higher education and other training  
             providers, including accredited private postsecondary  
             institutions, to quickly design education and training  
             to fit the needs of the job seekers and employers they  
             are serving.

           Background  

          Role of the WIBs in the Administration of ARRA  .  In  
          addition to their community leadership role, WIBs will  
          provide stewardship of ARRA funds coming to California for  
          workforce development.  WIA funding in ARRA allocated to  
          California is $488 million.  WIBs have oversight of WIA  
          funds and will ensure that they are quickly and effectively  
          put to use, while at the same time ensuring accountability  
          and transparency.  They will also continue in their role of  
          resource alignment by building relationships and  
          cross-agency collaboration.  WIBs will be particularly  
          focused on other systems receiving stimulus funding, in  
          order to maximize the outcomes of the stimulus by  
          leveraging resources.  There are millions of dollars  
          targeted for job training in transportation, energy,  
          weatherization, health care and other government programs  
          and WIBs are currently identifying where these funds will  
          be allocated in their communities and working to leverage  
          and coordinate these with WIA funding. 

           California Postsecondary Education Commission (CPEC)  .  CPEC  
          was established in 1974 as the state's planning and  
          coordinating body for higher education and consists of the  
          following 16 members:  nine members of the general public,  
          one member from each of California's major education  
          systems (the California Community Colleges, California  
          State University, University of California, independent  
          colleges and universities and the State Board of Education)  
          and two student representatives.







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          One of CPEC's primary statutory purposes is to identify and  
          recommend policies to meet the state's educational,  
          research and public service needs.  Its external affairs  
          staff interacts on a daily basis with legislators and their  
          staff, administrative offices, governmental officials and  
          media representatives.  Its research staff prepares  
          analyses, briefs and numerous CPEC publications.  CPEC also  
          engages in various continuing activities such as reviewing  
          proposed academic programs, new campuses or centers,  
          conducting data analysis of student flow and responding to  
          requests of the Legislature and Governor.  

          To date, CPEC has completed very little examination of the  
          state's private postsecondary industry.  While CPEC's  
          website concedes that "The private sector is a vital part  
          of meeting the postsecondary educational needs of the State  
          and should be a major component of the State's efforts to  
          provide high quality education and address future  
          enrollment needs", CPEC lacks an active role in the review  
          and development of this sector. 

           California's Unemployment Rate  .  California currently has  
          an 11.2 percent unemployment rate.  This is the highest  
          rate since April 1983, providing evidence that California's  
          labor market has clearly deteriorated.  According to the  
          household employment series, civilian employment fell  
          46,400 in February, while unemployment rose 79,000.   
          Because of the rise in unemployment, local WIBs report  
          significant increases in their client base.  

           Dental Corps Loan Repayment Program  .  The Program was  
          created in 2002 [AB 982 (Firebaugh), Chapter 1131, Statutes  
          of 2002] to increase the number of primary care physicians  
          and dentists who practice in historically underserved areas  
          by providing grants to help pay for the high cost of  
          attending medical or dental school.  The bill created three  
          programs:  the Dental Corps Program, the Physician Corps  
          Program and the Student Loan Repayment Program.  The Dental  
          and Physician Corps Programs are aimed primarily at  
          existing licensees and were funded by this bill.

          A variety of studies and reports in recent years, most  
          notably the Oral Health Needs Assessment sponsored jointly  







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          by the Dental Health Foundation and the Department of  
          Health Services, have documented the significant unmet need  
          for comprehensive dental care services in California,  
          especially in underserved areas.  The California Dental  
          Association notes that efforts to encourage dental school  
          graduates to practice in these areas are made difficult by  
          the significant student loan debt which most new dentists  
          face when they graduate and begin practicing often  
          exceeding $150,000.

          DBC selects participants to practice in underserved areas,  
          in practice settings with a majority of underserved  
          patients, and gives priority consideration to applicants  
          who are best suited to the cultural and linguistic needs of  
          those populations and meet other related criteria.  After  
          each consecutive year of service completed, participants  
          will receive money for loan repayment ($25,000 for the  
          first year, $35,000 for the second year, and $45,000 for  
          the third year) for up to three years.  The law states each  
          participant may receive no more than $105,000 over three  
          years.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                           Fiscal Impact (in thousands)

             Major Provisions                2009-10     2010-11      
             2011-12               Fund  

            Dental Corps Loan                       $1,400 through  
            6/30/2012           Special*
            Repayment Program
            extension

            Data sharing        Minors costs ongoing            
            Special*

             *    Absent this extension, the funds remaining in the  
               Dentally Underserved Account would be returned to the  
               State Dentistry Fund








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             **   Unknown, contingent upon future legislation


          JJA:mw  5/29/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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