BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 923
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 923 (Fong) - As Introduced:  February 18, 2011 

          Policy Committee:                              Labor and 
          Employment   Vote:                            5-1

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes The Lifelong Learning Accounts (LLA) 
          Initiative program within the Employment Development Department 
          (EDD), for the purpose of providing grants to employers and 
          employees to establish individual lifelong learning accounts for 
          the deposit of funds for lifelong education and training.  
          Specifically, this bill: 

          1)Requires EDD to establish a grant program to provide grants 
            for lifelong education and training (LET), and specifies that 
            employees contributing to these accounts are eligible to 
            receive a grant fund match of up to 50% of the first $500 the 
            employee contributes into his or her LLA for a maximum amount 
            not to exceed $250. 

          2)Authorizes EDD to contract with an individual, nonprofit 
            organization, or other business to administer and implement 
            the grant program.  Requires EDD to make support services 
            available to employees and provide technical assistance to 
            employers.  Authorizes EDD to use grant funds to offset the 
            costs of these requirements.  

          3)Establishes within the State Treasury, a Lifelong Learning 
            Program Fund to receive contributions from individuals, 
            foundations, nonprofits, businesses and the federal government 
            to be used for the program. 

          4)Requires EDD to prepare and submit a report to specified 
            legislative committees at least 20 days prior to the date the 
            Legislature reconvenes in the second year of the 2015-16 
            regular session.  








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          5)Requires EDD, after consultation with the treasurer and the 
            Scholarshare Investment Board, to adopt rules and regulations 
            that are necessary to implement and administer this program.  

          6)States that the program shall only be implemented if the 
            Director of Finance (DOF) determines sufficient funds are 
            available from sources other than the GF to implement the 
            program. 

           FISCAL EFFECT  

          1)Unknown, potentially significant state cost pressure to 
            establish an LLA Initiative program, as specified. As an 
            example, a pilot program involving 10,000 employees could 
            result in up to $5 million in matching grants.  This bill 
            specifies the LLA Initiative program will only be implemented 
            if DOF makes a written determination there are sufficient 
            funds available from sources other than the GF for that 
            purpose.  

          2)Significant, substantial costs, likely between $2 million and 
            $4 million, to EDD to administer the LLA Initiative program, 
            including between 30 and 40 staff and facility costs.  These 
            costs assume full implementation of this program by EDD. 

             EDD notes the bill is unclear as to its role and 
            responsibility for this new program.  For example, is EDD 
            acting as a "pass-through" entity (i.e., forwarding 
            information to the trustee, custodian, fiduciary, or other 
            persons under the program.)  If this is the case, these costs 
            do not reflect costs related to enforcement activities 
            (including audit activities).  If EDD does not act as a 
            "pass-through" entity, costs to administer this grant program 
            would be significantly higher.  

            This bill specifies the LLA Initiative program may only be 
            implemented if DOF makes a written determination that there 
            are sufficient funds available from sources other than the GF 
            for that purpose.  It is unclear if this includes 
            administrative costs.  

           COMMENTS  

           1)Rationale  .  In recent years, several bills have been proposed 








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            - but not passed - by Congress that would create Lifelong 
            Learning Accounts. As envisioned in federal legislation, the 
            lifelong learning accounts are intended to be tax-preferred, 
            employer-matched educational savings accounts, much like 
            401(k) plans, which can be used to finance workers' education 
            and training. Numerous pilot projects involving 
            matching-grants for lifelong learning accounts have been 
            adopted across the nation, but generally for a limited numbers 
            of workers and/or industries. 

            Proponents of this measure (Council for Adult and Experiential 
            Learning) contends these worker-owned, employer-matched 
            accounts put learning opportunities within reach of adults who 
            have entered the workforce but may not have the skill to 
            compete in the changing economy. 

           2)Previous legislation  .  AB 1320 (Fong), similar to this 
            measure, was held on the Senate Appropriations Committee's 
            suspense file in August 2010.    


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081