BILL NUMBER: SB 776 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2011
INTRODUCED BY Senator DeSaulnier
FEBRUARY 18, 2011
An act to add Section 14211 to the Unemployment Insurance Code,
relating to workforce development.
LEGISLATIVE COUNSEL'S DIGEST
SB 776, as amended, DeSaulnier. Local workforce investment boards:
funding.
The federal Workforce Investment Act of 1998 provides for
workforce investment activities, including activities in which states
may participate. Existing law establishes the California Workforce
Investment Board (CWIB), and specifies that the CWIB is responsible
for assisting the Governor in the development, oversight, and
continuous improvement of California's workforce investment system.
Existing law contains various programs for job training and
employment investment, including work incentive programs, as
specified, and establishes local workforce investment boards to
perform various duties related to the implementation and coordination
of local workforce investment activities.
This bill would require local workforce investment boards to spend
a certain percent percentage of
available federal funds for adults and dislocated workers on direct
client services, workforce training programs, and
supportive services , and other specified services in a
manner consistent with federal law, as prescribed.
Existing law prescribes the duties of the board with regard to the
development and implementation of local workforce investment plans,
as specified.
This bill would require a local workforce investment board that
does not meet the expenditure requirements described above to provide
the Employment Development Department with a corrective action plan
regarding those expenditures.
Because the bill imposes new duties on local government workforce
investment boards, it would impose a state-mandated local program.
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 no reimbursement shall be made
pursuant to these statutory provisions for costs mandated by the
state pursuant to this act, but would recognize that local agencies
and school districts may pursue any available remedies to seek
reimbursement for these costs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14211 is added to the Unemployment Insurance
Code, to read:
14211. (a) At least 75 percent of funds available under Title I
of the federal Workforce Investment Act of 1998 provided to local
workforce investment boards for adults and dislocated workers shall
be spent on direct client services, as defined in Sections 2864(d)
(2), 2864(d)(3)(C), and 2864(d)(4)(D) of Title 29 of the United
States Code. Available funds include all annually allocated moneys
plus any unspent funds carried over from prior years.
(b) (1) At least 50
14211. (a) (1)
Beginning federal program year 2012, at least 20
percent of funds available under Title I of the federal Workforce
Investment Act of 1998 (Public Law 105-220) provided to
local workforce investment boards for adults and dislocated workers
shall be spent on workforce training programs and supportive
services for persons enrolled in training. Only expenditures on
those programs and services defined as training services under
Section 2864(d)(4)(D) of Title 29 of the United States Code and
Section 663.508 of Title 20 of the Code of Federal Regulations and
supportive services defined in Sections 2801(46) and 2864(e)(2)-(3)
of Title 29 of the United States Code, and provided in accordance
with the relevant federal regulations (20 C.F.R. 663.800 to 20 C.F.R.
663.840, inclusive), shall count toward this minimum. Supportive
services shall count toward this minimum only if the individuals
receiving these services are enrolled in training or qualify under
Section 663.830 of Title 20 of the Code of Federal Regulations.
Available funds include all annually allocated moneys plus any
unspent funds carried over from prior years. ,
support services for those enrolled in training, and specified
bridge services such as academic remediation services that prepare
clients for training. Only expenditures enumerated in paragraphs (4)
to (6), inclusive, shall count toward this minimum.
(2) Beginning federal program year 2014, at least 30 percent of
funds available under Title I of the federal Workforce Investment Act
of 1998 (Public Law 105-220) provided to local workforce investment
boards for adults and dislocated workers shall be spent on workforce
training programs, support services for those enrolled in training,
and specified bridge services such as academic remediation services
that prepare clients for training. Only expenditures enumerated in
paragraphs (4) to (6), inclusive, shall count toward this minimum.
(3) Beginning federal program year 2016, at least 40 percent of
funds available under Title I of the federal Workforce Investment Act
of 1998 (Public Law 105-220) provided to local workforce investment
boards for adults and dislocated workers shall be spent on workforce
training programs, support services for those enrolled in training,
and specified bridge services such as academic remediation services
that prepare clients for training. Only expenditures enumerated in
paragraphs (4) to (6), inclusive, shall count toward this minimum.
(4) (A) Expenditures that shall count toward the minimum required
by paragraphs (1) to (3), inclusive, include:
(i) Services defined as training under Section 2864(d)(4)(D) of
Title 29 of the United States Code and Section 663.508 of Title 20 of
the Code of Federal Regulations.
(ii) Supportive services, as defined in Sections 2801(46) and 2864
(e)(2)-(3) of Title 29 of the United States Code, including
needs-related payments for books, training materials, and tuition
relevant to training programs.
(iii) Academic remediation and English-as-a-second-language
services.
(iv) Prevocational services offered in combination with
occupational skills, including occupational bridge programs that
blend workplace competencies, career exploration, and basic literacy
in an occupational context.
(v) Work experience and internships.
(vi) The amount paid from Workforce Investment Act dislocated
worker and adult formula funds for competitively bid contracts for
innovative industry sector training initiative involving multiple
partners, including, but not limited to, business, labor, and public
education entities.
(B) All monetary amounts paid for innovative industry sector
training contracts allowed as a permissible training expenditure
under subparagraph (A), must be reasonable and necessary for the
training of those persons enrolled in the training program funded by
the contract.
(5) Supportive services must be provided in accordance with the
relevant federal regulations (20 C.F.R. 663.800 to 663.840,
inclusive). Supportive services shall only count toward the minimum
required by paragraphs (1) to (3), inclusive, if the individuals
receiving these services are enrolled in training or qualify under
Section 663.830 of Title 20 of the Code of Federal Regulations.
(6) Prevocational services and occupational bridge programs
qualifying under paragraph (4) must target one or more of the
following for consideration as an allowable training expenditure:
low-skilled low-income adults unprepared to enter postsecondary
occupational programs; adult education students who do not score high
enough to enter postsecondary occupational programs; career
development content, if the focus of the program is on academic
remediation and occupational skills development.
(2) Services defined as intensive services under Section
(7) Intensive services, as defined
under Section 2964(d)(3)(C) of Title 29 of the United States
Code and Section 663.200 of Title 20 of the Code of Federal
Regulations and other applicable regulations, shall not be counted
toward the minimum training expenditure. Supportive services
as defined in Sections 2801(46) and 2864(e)(2)-(3) of Title 29 of
the United States Code, and provided in accordance with relevant
federal regulations (20 C.F.R. 663.800 to 20 C.F.R. 663.840,
inclusive), to persons receiving intensive services shall count
toward the mandatory training minimum only if the individuals
receiving these services are also enrolled in training as defined in
Sections 2864(d)(4)(D) of Title 29 of the United States Code and
663.508 of Title 20 of the Code of Federal Regulations or who qualify
under 663.830 of Title 20 of the Code of Federal Regulations.
training expenditure, except for those provided for in
paragraphs (4) to (6), inclusive.
(3)
(8) Services defined as core services under Section
2864(d)(2) of Title 29 of the United States Code and Section 663.150
or 663.165 of Title 20 of the Code of Federal Regulations and other
applicable regulations shall not be counted toward the minimum
training expenditures. Supportive services, as defined by
Section 2801(46) and 2864(e)(2)-(3) of Title 29 of the United States
Code and provided in accordance with relevant federal regulations (20
C.F.R. 663.800 to 20 C.F.R. 663.840, inclusive) to persons receiving
core services shall count toward the mandatory training minimum only
if the individuals receiving these services are also enrolled in
training as defined in Section 2864(d)(4)(D) of Title 29 of the
United States Code and 663.508 of Title 20 of the Code of Federal
Regulations or who qualify under 663.830 of Title 20 of the Code of
Federal Regulations. training expenditures.
(b) Beginning program year 2012, the Employment Development
Department shall calculate for each local workforce investment board,
within six months after the end of the second program year of the
two-year period of availability for expenditure of federal Workforce
Investment Act funds, whether the local workforce investment board
met the requirements of subdivision (a). The Employment Development
Department shall provide to each local workforce investment board its
individual calculations with respect to the expenditure requirements
of subdivision (a).
(c) A local workforce investment area that does not meet the
requirements of subdivision (a) shall submit a corrective action plan
to the Employment Development Department that provides reasons for
not meeting the requirements and describes actions taken to address
the identified expenditure deficiencies. A local workforce investment
area shall provide a corrective action plan to the Employment
Development Department pursuant to this section within 90 days of
receiving the calculations described in subdivision (b).
(d) In federal program year 2015, the California Workforce
Investment Board shall use existing resources to evaluate the
effectiveness of the training expenditure mandates contained in this
section, including the increase in the number of individuals
receiving some training services, as defined, and training-related
placements.
(e) For the purpose of this section, "program year" has the same
meaning as provided in the Section 667.100 of Title 20 of the Code of
Federal Regulations.
SEC. 2. No reimbursement shall be made pursuant to
Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code for costs mandated by the state pursuant to this
act. It is recognized, however, that a local agency or school
district may pursue any remedies to obtain reimbursement available to
it under Part 7 (commencing with Section 17500) and any other
provisions of law.