BILL NUMBER: AB 1115 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2011
INTRODUCED BY Assembly Member Lara
FEBRUARY 18, 2011
An act to add Section 14236 to the Unemployment Insurance Code,
relating to workforce development.
LEGISLATIVE COUNSEL'S DIGEST
AB 1115, as amended, Lara. Workforce development: training
services.
The federal Workforce Investment Act of 1998 provides for
workforce investment activities, including activities in which states
may participate. Existing law, the California Workforce Investment
Act, establishes the California Workforce Investment Board, 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.
This bill would authorize individuals who are eligible to receive
training services under federal law to have the opportunity to select
any of the eligible training providers from any of the local areas
in the state. The bill would require the California Workforce
Investment Board to establish a procedure for use by local workforce
investment boards in determining the eligibility of a provider of
training services, as prescribed, in accordance with various
requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to establish a
statewide training provider list with reasonable standards to ensure
public training dollars are well invested and consumers are
protected. These standards include cost reasonableness, in addition
to effective outcomes, including, but not limited to, job placement,
wage gain, and employment retention. The state shall build on the
federally required eligible training provider list (29 U.S.C. Sec.
2842), as required by the federal Workforce Investment Act of 1998
and shall establish additional standards, increased accountability,
and enhanced public access to program outcome data.
SEC. 2. Section 14236 is added to the Unemployment Insurance Code,
to read:
14236. (a) Pursuant to the federal Workforce Investment Act of
1998 (Public Law 105-220), training providers, which are deemed
eligible to receive funds for training services, as described in
paragraph (4) of subsection (d) of Section 2864 of Title 29 of the
United States Code and paragraph (6) of subdivision (a) of Section
14230 of this code, in the local area served by the local workforce
investment board, are required to be on the local eligible training
provider list.
(b) Pursuant to the federal Workforce Investment Act, the
designated state agency is required to compile a single list of the
eligible training providers from all local areas in the state and
disseminate that list, and the performance information and program
cost information, to the one-stop delivery systems within the state.
(1) The list and applicable data shall be made widely available to
participants in employment and training activities authorized by
Section 2864 of Title 29 of the United States Code.
(2) Individuals eligible to receive training services, under
paragraph (4) of subsection (d) of Section 2864 of Title 29 of the
United States Code, shall have the opportunity to select any of the
eligible providers, from any of the local areas in the state, that
are included on the state eligible training provider list.
(3) Joint apprenticeship programs approved by the Division of
Apprenticeship Standards shall be placed automatically on the state
list of eligible training providers as described in this section,
unless those programs decide to opt out of being on those lists.
(3) Apprenticeship programs registered with the Division of
Apprenticeship Standards and approved by the California
Apprenticeship Council, which have graduated apprentices in each of
the five years shall be placed automatically on the list of eligible
training providers, as described in this section, unless those
programs decide to opt out of being on those lists.
(4) California community college career and technical education
programs shall be placed automatically on the state list of eligible
training providers , as described in this section, unless
those programs decide to opt out of being on those lists.
(5) One-stop partners, as described in Section 14231, shall be
placed automatically on the state list of eligible training providers
as described in this section, unless those one-stop partners decide
to opt out of being on those lists.
(c) The California Workforce Investment Board, on behalf of the
Governor, shall establish a procedure for use by local workforce
investment boards in determining the eligibility of a provider of
training services, as described in paragraph (4) of subsection (d) of
Section 2864 of Title 29 of the United States Code and paragraph (6)
of subdivision (a) of Section 14230 of this code, in a local area
and to receive funds as described in subsection (b) of Section 2863
of Title 29 of the United States Code.
(1) In developing this procedure, the California Workforce
Investment Board shall solicit and take into consideration the
recommendations of local workforce investment boards and providers of
training services within the state.
(2) The California Workforce Investment Board shall provide an
opportunity during the development of the procedure for interested
members of the public, including representatives of business and
labor organizations, to submit comments on the procedure.
(3) In developing the procedure, the California Workforce
Investment Board shall ensure that the procedure requires the local
boards to take into consideration, in making determinations of
training provider eligibility, all of the following:
(A) The specific economic, geographic, and demographic factors in
the local areas in which providers seeking eligibility are located.
(B) The characteristics of the populations served by providers
seeking eligibility, including the demonstrated difficulties in
serving the populations, if applicable.
(4) In establishing the procedure, the California Workforce
Investment Board shall require that, to be eligible to receive funds
as described in subsection (b) of Section 2863 of Title 29 of the
United States Code, a training provider do all of the following:
(A) Annually submit the performance information and cost
information for the program and any additional information required
to be submitted in accordance with subdivision (d) to the appropriate
local board, at the time and in the manner prescribed by that board.
(B) Annually meet the performance levels described in paragraph
(2) of subdivision (d) for the program, as demonstrated utilizing
quarterly records described in subsection (f) of Section 2871 of
Title 29 of the United States Code, consistent with the requirements
of that section.
(d) At a minimum, the procedure described in subdivision (c) shall
require the training provider to meet minimum acceptable levels of
performance based on the performance information referred to in
subparagraph (A) of paragraph (4) of subdivision (c).
(1) A local workforce investment board may require higher levels
of performance than the levels referred to in paragraph (4) of
subdivision (c).
(2) To be eligible to receive funds as described in subdivision
(c), a provider of training services shall submit all of the
following:
(A) Verifiable program-specific performance information consisting
of all of the following:
(i) Program information, including the following:
(I) The program completion rates for all individuals participating
in the applicable program conducted by the provider.
(II) The percentage of all individuals participating in the
applicable program who obtain unsubsidized employment.
(III) The wages at placement in employment of all individuals
participating in the applicable program.
(ii) Training services information for all participants who
received assistance under Section 2864 of Title 29 of the United
States Code to participate in the applicable program, including all
of the following:
(I) The percentage of participants who have completed the
applicable program and who are placed in unsubsidized employment.
(II) The retention rates in unsubsidized employment of
participants who have completed the applicable program, six months
after the first day of the employment.
(III) The wages received by participants who have completed the
applicable program, six months after the first day of the employment
involved.
(IV) If appropriate, the rates of licensure or certification,
attainment of academic degrees or equivalents, or attainment of other
measures of skills, of the graduates of the applicable program.
(B) Information on program costs, such as tuition and fees, for
participants in the applicable program.
(3) The California Workforce Investment Board may require that a
provider submit other verifiable program-specific performance
information that it determines to be appropriate to obtain
eligibility, which may include information relating to any of the
following:
(A) Retention rates in employment and the subsequent wages of all
individuals who complete the applicable program.
(B) If appropriate, the rates of licensure or certification of all
individuals who complete the program.
(C) The percentage of individuals who complete the program and
attain industry-recognized occupational skills in the subject,
occupation, or industry for which training is provided through the
program, if applicable.