BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 776|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 776
          Author:   DeSaulnier (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE LABOR & INDUSTRIAL RELAT. COMMITTEE  :  6-0, 4/27/11
          AYES:  Lieu, Wyland, DeSaulnier, Leno, Padilla, Yee
          NO VOTE RECORDED:  Runner

           SENATE APPROPRIATIONS COMMITTEE :  9-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg


           SUBJECT  :    Local workforce investment boards:  funds

           SOURCE  :     California Labor Federation 
                      California Manufacturers and Technology 
          Association 
                      State Building and Construction Trades Council 


           DIGEST  :    This bill requires Local Workforce Investment 
          Boards to spend a certain percent of available federal 
          Workforce Investment Act funds for adults and dislocated 
          workers on direct client services, workforce training 
          programs, and supportive services in a manner consistent 
          with federal law, as prescribed.

           ANALYSIS  :    The federal Workforce Investment Act (WIA) of 
          1998 provides for activities and programs for job training 
          and employment investment in which states may participate, 
                                                           CONTINUED





                                                                SB 776
                                                                Page 
          2

          including work incentive and employment training outreach 
          programs.  Following passage of the federal WIA, the state 
          established the California Workforce Investment Board 
          (CWIB) and charged the board with the responsibility of 
          developing a unified, strategic planning process to 
          coordinate various education, training, and employment 
          programs into an integrated workforce development system 
          that supports economic development.  

          Existing law requires the local chief elected officials in 
          a local workforce development area to form, pursuant to 
          specified guidelines, a Local Workforce Investment Board 
          (LWIB) to plan and oversee the workforce investment system 
          at the local level.  There are currently 49 LWIBs in the 
          state.  Each local workforce area also created one or more 
          One-Stop Centers, which provide access to career 
          information, counseling, funding for education, training 
          and supportive services.  

          Under the federal law, WIA funds are distributed to the 
          states based on formulas that consider unemployment rates 
          and other economic and demographic factors.  California and 
          its 49 LWIBs receive WIA formula funding from the U.S. 
          Department of Labor through three revenue streams - Adult, 
          Youth, and Dislocated Workers.  Under federal law, 85 
          percent of Adult and Youth formula funds, and 60 percent of 
          Dislocated Worker formula funds are distributed to LWIBs.  
          15 percent of Adult, Youth, and Dislocated Worker formula 
          funds (15 percent discretionary funds) are allocated to the 
          state for a variety of discretionary uses.  

          Under WIA, there are three tiers of employment services and 
          job training programs provided to workers and job seekers.  
          The first two tiers of service are known as "core" and 
          "intensive" employment services and the third consists of 
          "job training" :

          1. Core services include job search and placement 
             assistance, the provision of labor market information, 
             workplace counseling, and preliminary skills 
             assessments. 

          2. Intensive services include comprehensive skills 
             assessments, group counseling, individual career 

                                                           CONTINUED





                                                                SB 776
                                                                Page 
          3

             counseling, case management, and short-term 
             prevocational services on how to interview and prepare 
             resumes. 

                    Both core and intensive employment services are 
                typically designed to match workers with employers in 
                a relatively short period of time and are both 
                provided through California's more than 200 One-Stop 
                Career Centers. 

          3. Job training programs include classroom training, 
             customized training, and on-the-job training (also known 
             as incumbent worker training). Training funds are often 
             distributed through vouchers to job seekers to enroll in 
             eligible training programs.  LWIBs determine which 
             training programs are eligible to receive the vouchers. 

                    WIA funds used for training can also be used for 
                supportive services that are used to enable a 
                participant to attend and complete training, such as 
                subsidized child care and transportation vouchers. 

          This bill requires LWIBs to spend a certain percent of 
          available federal WIA funds for adults and dislocated 
          workers on direct client services, workforce training 
          programs, and supportive services in a manner consistent 
          with federal law, as prescribed.

          Specifically, this bill:

          1. Require that at least 50 percent of funds provided to 
             LWIBs for adults and dislocated workers under WIA be 
             spent on workforce training programs and supportive 
             services for persons enrolled in training, as specified. 


          2. Require that at least 75 percent of funds provided to 
             LWIBs for adults and dislocated workers be spent on 
             direct client services, as defined.  Direct client 
             services includes core, intensive and training services.

           Comment
           
          The CWIB is responsible for assisting the Governor in the 

                                                           CONTINUED





                                                                SB 776
                                                                Page 
          4

          development, oversight, and continuous improvement of 
          California's workforce investment system.  California 
          receives between $400 and $500 million in federal WIA 
          dollars annually.  And in 2008/09, the state received an 
          additional $488.6 million from the American Recovery and 
          Reinvestment Act of 2009.  The majority of these funds (85 
          percent) are formula allocated to the 49 LWIBs which set 
          policy for how funds are invested locally and provide 
          oversight of employment services delivered.  The rest of 
          the funds (15 percent) are disseminated at the Governor's 
          discretion.  California's 49 LWIBs set local policies and 
          allocate resources to respond to local markets to help 
          struggling unemployed and underemployed workers get and 
          retain good jobs.

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

          According to the Senate Appropriations Committee:

                         Fiscal Impact (in thousands)

           Major Provisions      2011-12     2012-13     2013-14     Fund  

          Cost shift of program         Unknown, major cost 
          pressure in         Federal/*
          funding             LWIBs to backfill lost funding in 
          General
                              order to address local needs

           - administration   $15       $31       $31       Federal

          * Workforce Investment Act of 1998

           SUPPORT  :   (Verified  5/26/11)

          California Labor Federation (co-source)
          California Manufacturers and Technology Association 
          (co-source)
          State Building and Construction Trades Council (co-source)
          California Teachers Association
          Service Employees International Union

           OPPOSITION  :    (Verified  5/26/11)

                                                           CONTINUED





                                                                SB 776
                                                                Page 
          5


          Brawley Inn
          California Workforce Association
          County of San Bernardino
          Exchange Bank
          Henkels and McCoy, Inc.
          Huntington Beach Chamber of Commerce
          Imperial County Workforce Development Board
          Kaiser Permanente Santa Rosa Medical Center
          Orange County Board of Supervisors
          P&L Specialties
          Rainier Properties, LLC
          Redondo Beach Chamber of Commerce & Visitors Bureau
          Santa Cruz County Work Force Investment Board
          SHN Consulting Engineers and Geologists, Inc.
          Sonoma County Board of Supervisors
          Sonoma County Employment and Training Division
          South Bay Association of Chambers of Commerce
          Tom Beard Company
          Violette Magique
          Workforce Institute

           ARGUMENTS IN SUPPORT  :    According to the author, with 
          declining state revenues and pressure on public resources 
          it is crucial that every dollar of federal workforce funds 
          are invested in high quality employment services that 
          connect workers to good jobs.  The author argues that 
          despite the need for targeted and effective training, 
          Employment Development Department data has shown that LWIBs 
          spend very little of our local WIA funds on skills 
          training.  According to the author, on average, LWIBs in 
          California invest just 20 percent of their federal funds on 
          training services and a third spend less than 11 percent on 
          training, while many invest nothing.

          According to the author, federal law provides states with 
          significant latitude to adjust WIA and align it with a 
          broader economic vision, something California has failed to 
          take advantage of.  Proponents argue that a vast majority 
          of funds are going to support relatively less effective 
          short-term "core" services (such as job search assistance) 
          provided through a costly network of nearly 150 
          comprehensive One-Stop centers.  The author and proponents 
          believe that this bill is the first step in re-evaluating 

                                                           CONTINUED





                                                                SB 776
                                                                Page 
          6

          how these dollars are spent and ensuring that more money is 
          invested in training programs that are effective and align 
          with a the State plan for economic growth.  In addition, 
          proponents argue that the objective behind this bill is not 
          to displace anyone that might be currently providing job 
          services through the One-Stop Centers, but instead 
          redirecting our overall efforts toward more effective 
          training programs that result in permanent jobs for all 
          displaced workers.  

          In addition, proponents argue that other states like 
          Florida, Illinois, Michigan and Wisconsin have all adopted 
          policies that help drive more local WIA funds towards 
          training.  According to proponents, Florida already 
          requires that WIBs spend at least 50 percent of their WIA 
          funds on training. Proponents also argue that many will 
          need a skilled workforce to replace the retiring baby 
          boomer generation and to meet the demands of new emerging 
          industries.  This bill increases the share of local WIA 
          resources that are committed to providing effective, 
          longer-term job training.  Proponents believe that this 
          bill is yet another step toward ensuring that public 
          dollars are spent appropriately and that more individuals 
          are trained for these jobs.

           ARGUMENTS IN OPPOSITION  :    According to opponents, if 
          passed, this bill closes career centers throughout the 
          state, returns the public workforce system to an antiquated 
          model of funding streams, and limits much needed services 
          to job seekers and businesses during this recession.  
          Opponents believe that this bill interferes with core 
          tenants of the legislation, namely, local control and 
          individual empowerment. 

          Opponents argue that by imposing a 50 percent training 
          threshold, this bill:

          1. Forces the closure of one-stop career centers, at a time 
             when California's unemployment rate exceeds 12 percent.

          2. Likely results in putting fewer people into training to 
             meet the training threshold.

          3. Excludes the most vulnerable populations, including 

                                                           CONTINUED





                                                                SB 776
                                                                Page 
          7

             homeless, at risk youth, and others who can't afford to 
             be in training.

          4. Usurps the authority of the local workforce investment 
             boards to set policy within their local areas.

          5. Eliminates much needed career counseling and job search 
             assistance.

          6. Impedes the ability of the local boards to support the 
             delivery of an array of services needed by area 
             residents as identified in their local plans. 

          7. Interferes with the ability of the boards to meet the 
             mandated requirement to establish and ensure the 
             operation of a one-stop service delivery system. 

          8. Limits the ability to leverage multiple funding sources.  
           

          PQ:kc  5/27/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****




















                                                           CONTINUED