Bill Text: CA AB1270 | 2015-2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Workforce Innovation and Opportunity Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-07-14 - Chaptered by Secretary of State - Chapter 94, Statutes of 2015. [AB1270 Detail]
Download: California-2015-AB1270-Introduced.html
Bill Title: California Workforce Innovation and Opportunity Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-07-14 - Chaptered by Secretary of State - Chapter 94, Statutes of 2015. [AB1270 Detail]
Download: California-2015-AB1270-Introduced.html
BILL NUMBER: AB 1270 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Eduardo Garcia
FEBRUARY 27, 2015
An act to amend Sections 9600.5, 9600.7, 14000, 14002, 14003,
14004.5, 14005, 14010, 14012, 14013, 14017, 14020, 14200, 14201,
14207, 14209, 14211, 14220, 14222, 14223, 14230, 14230.5, 14231,
14232, 14235, 14500, and 14510, to amend the headings of Article 1
(commencing with Section 14010) and Article 2 (commencing with
Section 14020) of Chapter 3 of, to amend the heading of Article 1
(commencing with Section 14200) of Chapter 4 of Division 7 of, to
amend the heading of Division 7 (commencing with Section 14000) of,
to repeal Sections 14022, 14203, 14204, 14206.1, and 14210, and to
repeal and add Sections 14202, 14206, 14208, and 14221 of, the
Unemployment Insurance Code, relating to workforce development.
LEGISLATIVE COUNSEL'S DIGEST
AB 1270, as introduced, Eduardo Garcia. California Workforce
Innovation and Opportunity Act.
The federal Workforce Innovation and Opportunity Act of 2014
provides for workforce investment activities, including activities in
which states may participate. These provisions were previously
contained in the federal Workforce Investment Act of 1998. The
California Workforce Investment Act contains various programs for job
training and employment investment, including work incentive
programs, as specified.
This bill would update statutory references to the Workforce
Investment Act of 1998 to instead refer to the Workforce Innovation
and Opportunity Act of 2014 and make related conforming changes.
Existing law provides that the California Workforce Investment
Board is responsible for assisting the Governor in the development,
oversight, and continuous improvement of California's workforce
investment system. Existing law further provides that the board must
assist the Governor in targeting resources to specified high-wage
industry sectors and providing guidance to ensure that services
reflect the needs of those sectors.
This bill would revise legislative findings with regard to the
act, revise the definitions of terms used within the act, and rename
the California Workforce Investment Board the California Workforce
Development Board. With regard to the board, the bill would require
the board to assist the Governor in the development of a State Plan
and would provide that the State Plan serve as a comprehensive
framework and coordinated plan for the aligned investment of all
federal and state workforce training and employment service funding
streams and programs. The bill would revise the membership of the
board and task the board with, among other things, developing and
continuously improving the statewide workforce investment system.
The federal Workforce Investment Act of 1998 requires the local
chief elected officials in a local workforce development area to
form, pursuant to specified guidelines, a local workforce investment
board to, among other things, plan and oversee the workforce
investment system and develop a comprehensive 5-year local plan.
Existing law requires the Governor to establish, through the
California Workforce Investment Board, standards for certification of
high-performance local workforce investment boards, in accordance
with specified criteria. Existing law requires a youth council be
established within each local board and specified the duties of the
council. Existing law also requires local workforce investment boards
to spend a certain percentage of available federal funds for in a
manner consistent with federal law, as prescribed.
This bill would rename the local boards as local workforce
development boards, would revise the timeline for certifications of
high-performance local workforce development boards, revise the
guidelines used to appoint members of the local boards, and revise
the duties of the local board consistent with the federal Workforce
Innovation and Opportunity Act of 2014. The bill would, with regard
to the provision of services to youth, instead authorize a local
board to establish a standing committee on the provision of youth
services, as provided. This bill would require the local boards to
develop a comprehensive 4-year local plan, revise the content of the
local plan, and revise the manner by which the board shares that plan
with the public. This bill would impose new requirements on local
boards in conformance with federal law, thereby imposing 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 is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9600.5 of the Unemployment Insurance Code is
amended to read:
9600.5. The (a)
Notwithstanding Section 10231.5 of the Government Code, the
director of the Employment Development Department shall report
annually to the Governor, the Legislature, and the California
Workforce Investment Development Board,
no later than November 30, regarding the training expenditures made
by local workforce investment development
boards in the prior fiscal year. The department shall specify
what expenditures qualify as training expenditures,
including, but not limited to, the price paid for classroom
instruction or other training opportunities, contracted services for
customized training and on-the-job training, development of training
materials, and supportive services, including case management, that
enable a participant to attend and complete training.
expenditures using the definition of training provided for in Section
3174(c)(3)(D) of Title 29 of the United States Code. The
annual report shall specify the total amount of federal funding
provided to the state and to each of the local workforce investment
areas for the adult and dislocated persons programs and the amount
within each program expended for training services.
(b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 2. Section 9600.7 of the Unemployment Insurance Code is
amended to read:
9600.7. (a) The department shall have the authority to administer
the requirements of the federal Workforce Investment Act of
1998 Innovation and Opportunity Act including,
but not limited to, establishing accounting, monitoring, auditing,
and reporting procedures and criteria in order to ensure state
compliance with the objectives and requirements of the federal
Workforce Investment Innovation and
Opportunity Act.
(b) The department shall adopt, amend, or repeal any rules and
regulations as necessary to implement Division 7 (commencing with
Section 14000).
SEC. 3. The heading of Division 7 (commencing with Section 14000)
of the Unemployment Insurance Code is amended to read:
DIVISION 7. CALIFORNIA WORKFORCE INVESTMENT
INNOVATION AND OPPORTUNITY ACT
SEC. 4. Section 14000 of the Unemployment Insurance Code is
amended to read:
14000. (a) The Legislature finds and declares that, in order for
California to remain prosperous and globally competitive, it needs to
have a well-educated and highly skilled workforce.
(b) The Legislature finds and declares that the following
principles shall guide the state's workforce investment system:
(1) Workforce investment programs and services shall be responsive
to the needs of employers, workers, and students by accomplishing
the following:
(A) Preparing California's students and workers with the skills
necessary to successfully compete in the global economy.
(B) Producing greater numbers of individuals who obtain
industry-recognized certificates and career-oriented
degrees in competitive and emerging industry sectors and filling
critical labor market skills gaps.
(C) Adapting to rapidly changing local and regional labor markets
as specific workforce skill requirements change over time.
(D) Preparing workers for good-paying jobs that foster economic
security and upward mobility.
(E) Aligning employment programs, resources and planning efforts
regionally around industry sectors that drive regional employment to
connect services and training directly to jobs.
(2) State and local workforce investment
development boards are encouraged to collaborate with other
public and private institutions, including businesses, unions,
nonprofit organizations, kindergarten and grades 1 to 12, inclusive,
career technical education programs, adult career technical education
and basic skills programs, apprenticeships, community
college career technical education and basic skills programs,
entrepreneurship training programs, where appropriate, the California
Community Colleges Economic and Workforce Development Program,
and the Employment Training Panel, and
county-based social and employment services, to better align
resources across workforce , training,
education , and training social
service delivery systems and build a well-articulated workforce
investment system by accomplishing the following:
(A) Adopting local and regional training and education strategies
that build on the strengths and fill the gaps in the education and
workforce development pipeline in order to address the needs of job
seekers, workers, and employers within regional labor markets by
supporting sector strategies.
(B) Leveraging resources across education and workforce training
delivery systems to build career pathways and fill critical skills
gaps.
(3) Workforce investment programs and services shall be data
driven and evidence based when setting priorities, investing
resources, and adopting practices.
(4) Workforce investment programs and services shall develop
strong partnerships with the private sector, ensuring industry
involvement in needs assessment, planning, and program evaluation.
(A) Workforce investment programs and services shall encourage
industry involvement by developing strong partnerships with an
industry's employers and the unions that represent the industry's
workers.
(B) Workforce investment programs and services may consider the
needs of employers and businesses of all sizes, including large,
medium, small, and microenterprises, when setting priorities,
investing resources, and adopting practices.
(5) Workforce investment programs and services shall be outcome
oriented and accountable, measuring results for program participants,
including, but not limited to, outcomes related to program
completion, employment, and earnings.
(6) Programs and services shall be accessible to employers, the
self-employed, workers, and students who may benefit from their
operation, including individuals with employment barriers, such as
persons with economic, physical, or other barriers to employment.
SEC. 5. Section 14002 of the Unemployment Insurance Code is
amended to read:
14002. (a) The Legislature finds and declares that screening
designed to detect unidentified disabilities, including learning
disabilities, improves workforce preparation and enhances the use of
employment and training resources.
(b) Section 134(d)(2) 134(c)(2) of
the federal Workforce Investment Innovation
and Opportunity Act (29 U.S.C. Sec. 2864(d)(2))
3174(c)(2)) allows for the use of funds for
initial assessment of skill levels, aptitudes, abilities and support
services, and Section 134(d)(3) of that act (29 U.S.C. Sec.
2864(d)(3)) allows for including, when appropriate,
comprehensive and specialized assessments of skill levels and
service needs, including, but not limited to, diagnostic testing and
the use of other assessment tools and in-depth interviewing and
evaluation to identify employment barriers and appropriate employment
goals.
(c) The Legislature encourages one-stop career centers to maximize
the use of Workforce Investment Innovation
and Opportunity Act resources and other federal and state
workforce development resources for screening designed to detect
unidentified disabilities, and if indicated, appropriate diagnostic
assessment.
SEC. 6. Section 14003 of the Unemployment Insurance Code is
amended to read:
14003. (a) Grants or contracts awarded under the federal
Workforce Investment Innovation and
Opportunity Act, codified in Chapter 30
32 (commencing with Section 2801)
3101) of Title 29 of the United States Code, or any other state
or federally funded workforce development program, may not be
awarded to organizations that are owned or operated as pervasively
sectarian organizations.
(b) Grants or contracts awarded under the federal Workforce
Investment Innovation and Opportunity
Act, codified in Chapter 30 32
(commencing with Section 2801) 3101) of
Title 29 of the United States Code, or any other state or federally
funded workforce development program, shall comply with Section 4 of
Article I and Section 5 of Article XVI of the California
Constitution, state and federal civil rights laws, and the First
Amendment to the United States Constitution in regard to pervasively
sectarian organizations. These legal constraints include prohibitions
on the discrimination against beneficiaries and staff based on
protected categories and on the promoting of religious doctrine to
advance sectarian beliefs.
SEC. 7. Section 14004.5 of the Unemployment Insurance Code is
amended to read:
14004.5. The Consolidated Work Program Fund is hereby created in
the State Treasury, for the receipt of all moneys deposited pursuant
to the federal Workforce Investment
Innovation and Opportunity Act. The Employment Development
Department shall be the entity responsible for administering this
section. Moneys in the fund shall be made available, upon
appropriation by the Legislature, to the department, for expenditure
consistent with the purposes of the federal Workforce
Investment Act Innovation and Opportunity
Act and the State Plan required by the federal Workforce Innovation
and Opportunity Act .
SEC. 8. Section 14005 of the Unemployment Insurance Code is
amended to read:
14005. For purposes of this division:
(a) "Board" means the California Workforce Investment
Development Board.
(b) "Agency" means the Labor and Workforce Development Agency.
(c) "Career pathways," "career ladders," or "career lattices"
mean are an identified series of
positions, work experiences, or educational benchmarks or credentials
with multiple access points that offer occupational and financial
advancement within a specified career field or related fields over
time. "Career pathways," "career ladders," and "career lattices"
offer combined programs of rigorous and high-quality education,
training, and other services that do all of the following:
(1) Align with the skill needs of industries in the economy of the
state or regional economy involved.
(2) Prepare an individual to be successful in any of a full range
of secondary or postsecondary education options, including
apprenticeships registered under the National Apprenticeship Act of
1937 (29 U.S.C.A. 50 et seq.), except as in section 3226 of Title 29
of the United States Code.
(3) Include counseling to support an individual in achieving the
individual's education and career goals.
(4) Include, as appropriate, education offered concurrently with
and in the same context as workforce preparation activities and
training for a specific occupation or occupational cluster.
(5) Organize education, training, and other services to meet the
particular needs of an individual in a manner that accelerates the
educational and career advancement of the individual to the extent
practicable.
(6) Enable an individual to attain a secondary school diploma or
its recognized equivalent, and at least one recognized postsecondary
credential.
(7) Help an individual enter or advance within a specific
occupation or occupational cluster.
(d) "Cluster-based sector strategies" means methods of focusing
workforce and economic development on those sectors that have
demonstrated a capacity for economic growth and job creation in a
particular geographic area.
(e) "Data driven" means a process of making decisions about
investments and policies based on systematic analysis of data, which
may include data pertaining to labor markets.
(f) "Economic security" means, with respect to a worker, earning a
wage sufficient to support a family adequately, and, over time, to
save for emergency expenses and adequate retirement income, based on
factors such as household size, the cost of living in the worker's
community, and other factors that may vary by region.
(g) "Evidence-based" means making use of policy research as a
basis for determining best policy practices. Evidence-based
policymakers adopt policies that research has shown to produce
positive outcomes, in a variety of settings, for a variety of
populations over time. Successful, evidence-based programs deliver
quantifiable and sustainable results. Evidence-based practices differ
from approaches that are based on tradition, belief, convention, or
anecdotal evidence.
(h) "High-priority occupations" mean occupations that have a
significant presence in a targeted industry sector or industry
cluster, are in demand , or projected to be in demand, by
employers, and pay or lead to payment of a wage that provides
economic security.
(i) (1) "In-demand industry sector or occupation" means either of
the following:
(A) An industry sector that has a substantial current or potential
impact, including through jobs that lead to economic
self-sufficiency and opportunities for advancement, on the state,
regional, or local economy, as appropriate, and that contributes to
the growth or stability of other supporting businesses, or the growth
of other industry sectors.
(B) An occupation that currently has or is projected to have a
number of positions, including positions that lead to economic
self-sufficiency and opportunities for advancement, in an industry
sector so as to have a significant impact on the State, regional, or
local economy, as appropriate.
(2) The determination of whether an industry sector or occupation
is "in-demand" under this subdivision shall be made by the board or
local board, or through the regional planning process in which local
boards participate under the Workforce Innovation and Opportunity
Act, as appropriate, using state and regional business and labor
market projections, including the use of labor market information.
(i)
(j) "Individual with employment barriers" means an
individual with any characteristic that substantially limits an
individual's ability to obtain employment, including indicators of
poor work history, lack of work experience, or access to employment
in nontraditional occupations, long-term unemployment, lack of
educational or occupational skills attainment, dislocation from
high-wage and high-benefit employment, low levels of literacy or
English proficiency, disability status, or welfare
dependency. dependency, including members of all of
the following groups:
(1) Displaced homemakers.
(2) Low-income individuals.
(3) Indians, Alaska Natives, and Native Hawaiians, as those terms
are defined in Section 3221 of Title 29 of the United States Code.
(4) Individuals with disabilities, including youths who are
individuals with disabilities.
(5) Older individuals.
(6) Ex-offenders.
(7) Homeless individuals, as defined in Section 14043e-2(6) of
Title 42 of the United States Code, or homeless children and youths,
as defined in Section 11434a(2) of Title 42 of the United States
Code.
(8) Youth who are in, or have aged out of, the foster care system.
(9) Individuals who are English language learners, individuals who
have low levels of literacy, and individuals facing substantial
cultural barriers.
(10) Eligible migrant and seasonal farmworkers, as defined in
Section 3322(i) of Title 29 of the United States Code.
(11) Individuals within two years of exhausting lifetime
eligibility under Part A of Title IV of the Social Security Act (42
U.S.C.A. 601 et. seq.).
(12) Single parents, including single, pregnant women.
(13) Long-term unemployed individuals.
(14) Any other groups as the Governor determines to have barriers
to employment.
(j)
(k) "Industry cluster" means a geographic concentration
or emerging concentration of interdependent industries with direct
service, supplier, and research relationships, or independent
industries that share common resources in a given regional economy or
labor market. An industry cluster is a group of employers closely
linked by common product or services, workforce needs, similar
technologies, and supply chains in a given regional economy or labor
market.
(k) (1)
(l) "Industry or sector partnership" means a workforce
collaborative that organizes key stakeholders in a targeted
industry cluster into a working group that focuses on the workforce
needs of the targeted industry cluster. An industry or sector
partnership organizes the stakeholders connected with a specific
local or regional industry--multiple firms, labor groups, education
and training providers, and workforce and education systems--to
develop workforce development strategies within the industry.
Successful sector partnerships leverage partner resources to address
both short-term and long-term human capital needs of a particular
sector, including by analyzing current labor markets and identifying
barriers to employment within the industry, developing cross-firm
skill standards, curricula, and training programs, and developing
occupational career ladders to ensure workers of all skill levels can
advance within the industry. collaborative, convened
or acting in partnership with the board or a local board, that does
the following:
(2) Industry or sector partnerships include, at the appropriate
stage of development of the partnership, all of the following:
(A) Representatives of multiple firms or employers in the targeted
industry cluster, including small-sized and medium-sized employers
when practicable.
(B) One or more representatives of state labor organizations,
central labor coalitions, or other labor organizations, except in
instances where no labor representations exists.
(C) One or more representatives of local workforce investment
boards.
(D) One or more representatives of kindergarten and grades 1 to
12, inclusive, and postsecondary educational institutions or other
training providers, including, but not limited to, career technical
educators.
(E) One or more representatives of state workforce agencies or
other entities providing employment services.
(3) An industry or sector partnership may also include
representatives from the following:
(A) State or local government.
(B) State or local economic development agencies.
(C) Other state or local agencies.
(D) Chambers of commerce.
(E) Nonprofit organizations.
(F) Philanthropic organizations.
(G) Economic development organizations.
(H) Industry associations.
(I) Other organizations, as determined necessary by the members
comprising the industry or sector partnership.
(1) Organizes key stakeholders in an industry cluster into a
working group that focuses on the shared goals and human resources
needs of the industry cluster and that includes, at the appropriate
stage of development of the partnership:
(A) Representatives of multiple businesses or other employers in
the industry cluster, including small and medium-sized employers when
practicable.
(B) One or more representatives of a recognized state labor
organization or central labor council, or another labor
representative, as appropriate.
(C) One or more representatives of an institution of higher
education with, or another provider of, education or training
programs that support the industry cluster.
(2) The workforce collaborative may include representatives of any
of the following:
(A) State or local government.
(B) State or local economic development agencies.
(C) State boards or local boards, as appropriate.
(D) A state workforce agency or other entity providing employment
services.
(E) Other state or local agencies.
(F) Business or trade associations.
(G) Economic development organizations.
(H) Nonprofit organizations, community-based organizations, or
intermediaries.
(I) Philanthropic associations.
(J) Industry associations
(K) Other organizations, as determined to be necessary by the
members comprising the industry sector or partnership.
(l)
(m) "Industry sector" means those firms that produce
similar products or provide similar services using somewhat similar
business processes, and are closely linked by workforce needs, within
a regional labor market.
(m)
(n) "Local labor federation" means a central labor
council that is an organization of local unions affiliated with the
California Labor Federation or a local building and construction
trades council affiliated with the State Building and Construction
Trades Council.
(n)
(o) "Sector strategies" means methods of prioritizing
investments in competitive and emerging industry sectors and industry
clusters on the basis of labor market and other economic data
indicating strategic growth potential, especially with regard to jobs
and income, and exhibit the following characteristics:
(1) Focus workforce investment in education and workforce training
programs that are likely to lead to jobs providing economic security
or to an entry-level job with a well-articulated career pathway into
a job providing economic security.
(2) Effectively boost labor productivity or reduce business
barriers to growth and expansion stemming from workforce supply
problems, including skills gaps and occupational shortages by
directing resources and making investments to plug skills gaps and
provide education and training programs for high-priority
occupations.
(3) May be implemented using articulated career pathways or
lattices and a system of stackable credentials.
(4) May target underserved communities, disconnected youths,
incumbent workers, and recently separated military veterans.
(5) Frequently are implemented using industry or sector
partnerships.
(6) Typically are implemented at the regional level where sector
firms, those employers described in subdivisions (j) and (l), often
share a common labor market and supply chains. However, sector
strategies may also be implemented at the state or local level
depending on sector needs and labor market conditions.
(o)
(p) "Workforce Investment Act of 1998"
Innovation and Opportunity Act of 2014" means
the federal act enacted as Public Law 105-220
113-128 .
SEC. 9. The heading of Article 1 (commencing with Section 14010)
of Chapter 3 of Division 7 of the Unemployment Insurance Code is
amended to read:
Article 1. California Workforce Investment
Development Board
SEC. 10. Section 14010 of the Unemployment Insurance Code is
amended to read:
14010. The California Workforce Investment
Development Board is the body responsible for assisting
the Governor in the development, oversight, and continuous
improvement of California's workforce investment system and the
alignment of the education and workforce investment systems to the
needs of the 21st century economy and workforce.
SEC. 11. Section 14012 of the Unemployment Insurance Code is
amended to read:
14012. The board shall be appointed by the Governor to assist in
the development of the State Workforce Investment
Plan and to carry out other functions, as described in Section 14103.
The board shall be comprised of the Governor and representatives
from the following categories:
(a) Two members of each house of the Legislature, appointed by the
appropriate presiding officer of each house.
(b) A majority of board members shall be representatives of
business who:
(1) Are owners of small and large businesses,
chief executives or operating officers of small and large
businesses, and other small and large
business executives or employers with optimum policymaking or hiring
authority, including members of local workforce investment
boards who, in addition, may be members of a local
board described in Section 3122(b)(2)(A)(i) of Title 29 of the United
States Code .
(2) Represent businesses with employment opportunities
that reflect the employment opportunities of the state
businesses, including small businesses, or organizations
representing businesses that include high-quality,
work-relevant training and development in in-demand industry sectors
or occupations in the state .
(3) Are appointed from a group of individuals nominated by state
business organizations and business trade associations.
(c) Chief elected officials representing both cities and counties,
where appropriate.
(d) Representatives of labor organizations that are appointed to
the board by the Governor shall have been nominated by state labor
federations. At
(c) (1) At
least 15 20 percent of board members
shall be representatives of labor organizations.
the workforce within the state, and shall include:
(e) Representatives of individuals and organizations that have
experience with regard to youth activities.
(f) Representatives of individuals and organizations that have
experience and expertise in the delivery of workforce investment
activities, including the Chancellor of the California Community
Colleges, representatives of school districts, and representatives of
community-based organizations within the state.
(g) The lead state agency officials with responsibility for the
programs, services, or activities that are mandatory participants in
the one-stop system, or, where there are no lead state agency
officials responsible for those programs, services, or activities, a
representative with expertise relating to those programs, services,
or activities.
(h) Any other representatives and state agency officials as the
Governor may designate, such as the state agency officials
responsible for economic development and juvenile justice programs in
the state.
(i) Members of the board that represent organizations, agencies,
or other entities shall be individuals with optimum policymaking
authority within those organizations, agencies, or entities.
(j) In making appointments to the board, the Governor shall
consider the ethnic, race, gender, and geographic distribution of the
state's population, and members of the board shall represent diverse
regions of the state, including urban, rural, and suburban areas.
(k) The Governor may appoint a single member to the board to
represent multiple constituencies on the board.
( l ) The Governor shall select a chairperson
for the board from the business representatives.
(A) Representatives of labor organizations, who have been
nominated by state labor federations, amounting to not less than 15
percent of state board membership.
(B) A representative, who shall be a member of a labor
organization or a training director, from a joint labor-management
apprenticeship program, or if no such joint program exists in the
state, such a representative of an apprenticeship program in the
state.
(2) Representatives appointed pursuant to this subdivision may
include:
(A) Representatives of community-based organizations that have
demonstrated experience and expertise in addressing the employment,
training, or education needs of individuals with barriers to
employment, including organizations that serve veterans or that
provide or support competitive, integrated employment for individuals
with disabilities.
(B) Representatives of organizations that have demonstrated
experience and expertise in addressing the employment, training, or
education needs of eligible youth, including representatives of
organizations that serve out-of-school youth.
(d) The balance of board members:
(1) Shall include representatives of government that are lead
state officials with primary responsibility for the core programs and
shall include chief elected officials, collectively representing
cities, counties, and cities and counties where appropriate.
(2) May include other representatives and officials as the
Governor may designate, like any of the following:
(A) State agency officials from agencies that are one-stop
partners, not specified in paragraph (1), including additional
one-stop partners whose programs are covered by the State Plan, if
any.
(B) State agency officials responsible for economic development or
juvenile justice programs in the state.
(C) Individuals who represent an Indian tribe or tribal
organization, as those terms are defined in Section 3221(b) of Title
29 of the United States Code.
(D) State agency officials responsible for education programs in
the state, including chief executive officers of community colleges
and other institutions of higher education.
SEC. 12. Section 14013 of the Unemployment Insurance Code is
amended to read:
14013. The board shall assist the Governor in the following:
(a) Promoting the development of a well-educated and highly
skilled 21st century workforce.
(b) Developing , implementing, and modifying the State
Workforce Investment Plan. The State Plan
shall serve as the comprehensive framework and coordinated plan for
the aligned investment of all federal and state workforce training
and employment services funding streams and programs. To the extent
feasible and when appropriate, the state plan should
reinforce and work with adult education and career technical
education efforts that are responsive to labor market trends.
(c) Developing guidelines for the continuous improvement and
operation of the workforce investment system, including:
(1) Developing policies to guide the one-stop system.
(2) Providing technical assistance for the continuous improvement
of the one-stop system.
(3) Recommending state investments in the one-stop system.
(4) Targeting resources to competitive and emerging industry
sectors and industry clusters that provide economic security and are
either high-growth sectors or critical to California's economy, or
both. These industry sectors and clusters shall have significant
economic impacts on the state and its regional and workforce
development needs and have documented career opportunities.
(5) To the extent permissible under state and federal laws,
recommending youth policies and strategies that support linkages
between kindergarten and grades 1 to 12, inclusive, and community
college educational systems and youth training opportunities in order
to help youth secure educational and career advancement. These
policies and strategies may be implemented using a sector strategies
framework and should ultimately lead to placement in a job providing
economic security or job placement in an entry-level job that has a
well-articulated career pathway or career ladder to a job providing
economic security.
(6) To the extent permissible under state and federal law,
recommending adult and dislocated worker training policies and
investments that offer a variety of career opportunities while
upgrading the skills of California's workforce. These may include
training policies and investments pertaining to any of the following:
(A) Occupational skills training, including training for
nontraditional employment.
(B) On-the-job training.
(C) Programs that combine workplace training with related
instruction, which may include cooperative education programs.
(D) Training programs operated by the private sector.
(E) Skill upgrading and retraining.
(F) Entrepreneurial training.
(G) Job readiness training.
(H) Adult education and literacy activities provided in
combination with any of the services described in this paragraph.
(I) Customized training conducted with a commitment by an employer
or group of employers to employ an individual upon successful
completion of the training.
(c) The review of statewide policies, of statewide programs, and
of recommendations on actions that should be taken by the state to
align workforce, education, training, and employment funding programs
in the state in a manner that supports a comprehensive and
streamlined workforce development system in the state, including the
review and provision of comments on the State Plan, if any, for
programs and activities of one-stop partners that are not core
programs.
(d) Developing and continuously improving the statewide workforce
investment system as delivered via the one-stop delivery
system and via other programs and services supported by funding from
the federal Workforce Investment Act of 1998, system,
including:
(1) Developing linkages in order to ensure coordination and
nonduplication among workforce programs and activities.
(2) Reviewing local workforce investment plans.
(3) Leveraging state and federal funds to ensure that resources
are invested in activities that meet the needs of the state's
competitive and emerging industry sectors and advance the education
and employment needs of students and workers so they can keep pace
with the education and skill needs of the state, its regional
economies, and leading industry sectors.
(e) Commenting, at least once annually, on the measures taken
pursuant to the Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990 (Public Law 101-392; 20 U.S.C. Sec.
2301 et seq.).
(f) Designating local workforce investment areas within the state
based on information derived from all of the following:
(1) Consultations with the Governor.
(2) Consultations with the chief local elected officials.
(3) Consideration of comments received through the public comment
process, as described in Section 112(b)(9) of the federal Workforce
Investment Act of 1998.
(g) Developing and modifying allocation formulas, as necessary,
for the distribution of funds for adult employment and training
activities, for youth activities to local workforce investment areas,
and dislocated worker employment and training activities, as
permitted by federal law.
(1) The identification of barriers and means for removing barriers
to better coordinate, align, and avoid duplication among the
programs and activities carried out through the system.
(2) The development of strategies to support the use of career
pathways for the purpose of providing individuals, including
low-skilled adults, youth, and individuals with barriers to
employment, including individuals with disabilities, with workforce
investment activities, education, and supportive services to enter or
retain employment. To the extent permissible under state and federal
laws, these policies and strategies should support linkages between
kindergarten and grades 1 to 12, inclusive, and community college
educational systems in order to help secure educational and career
advancement. These policies and strategies may be implemented using a
sector strategies framework and should ultimately lead to placement
in a job providing economic security or job placement in an
entry-level job that has a well-articulated career pathway or career
ladder to a job providing economic security.
(3) The development of strategies for providing effective outreach
to and improved access for individuals and employers who could
benefit from services provided through the workforce development
system.
(4) The development and expansion of strategies for meeting the
needs of employers, workers, and jobseekers, particularly through
industry or sector partnerships related to in-demand industry sectors
and occupations, including policies targeting resources to
competitive and emerging industry sectors and industry clusters that
provide economic security and are either high-growth sectors or
critical to California's economy, or both. These industry sectors and
clusters shall have significant economic impacts on the state and
its regional and workforce development needs and have documented
career opportunities.
(5) Recommending adult and dislocated worker training policies and
investments that offer a variety of career opportunities while
upgrading the skills of California's workforce. These may include
training policies and investments pertaining to any of the following:
(A) Occupational skills training, including training for
nontraditional employment.
(B) On-the-job training.
(C) Incumbent worker training in accordance with Section 3174(d)
(4) of Title 29 of the United States Code.
(D) Programs that combine workplace training with related
instruction, which may include cooperative education programs.
(E) Training programs operated by the private sector.
(F) Skill upgrading and retraining.
(G) Entrepreneurial training.
(H) Transitional jobs in accordance with Section 3174 (d)(5) of
Title 29 of the United States Code.
(I) Job readiness training provided in combination with any of the
services described in subparagraphs (A) to (H), inclusive.
(J) Adult education and literacy activities provided in
combination with any of the services described subparagraphs (A) to
(G), inclusive.
(K) Customized training conducted with a commitment by an employer
or group of employers to employ an individual upon successful
completion of the training.
(e) The identification of regions, including planning regions, for
the purposes of Section 3121(a) of Title 29 of the United States
Code, and the designation of local areas under Section 3121 of Title
29 of the United States Code, after consultation with local boards
and chief elected officials.
(h) Coordinating the
(f) The development and
continuous improvement of comprehensive state performance
measures, including state adjusted levels of performance, to assess
the effectiveness of the workforce investment activities in the state
the one-stop delivery system in local areas,
including providing assistance to local boards, one-stop operators,
one-stop partners, and providers with planning and delivering
services, including training services and supportive services, to
support effective delivery of services to workers, job seekers, and
employers .
(i) Preparing the annual report to the United States Secretary of
Labor.
(j) Recommending policy for the development of the statewide
employment statistics system, including workforce and economic data,
as described in Section 49l-2 of Title 29 of the United States Code,
and using, to the fullest extent possible, the Employment Development
Department's existing labor market information systems.
(k)
(g) Recommending strategies to the Governor for
strategic training investments of the Governor's 15-percent
discretionary funds.
(l)
(h) Developing and recommending waivers, in
conjunction with local workforce investment boards, to the Governor
as provided for in the federal Workforce Investment Act of 1998
strategies to support staff training and
awareness across programs supported under the workforce development
system .
(m) Recommending policy to the Governor for the use of the
25-percent rapid response funds, as authorized under the federal
Workforce Investment Act of 1998.
(n) Developing an application to the United States Department of
Labor for an incentive grant under Section 9273 of Title 20 of the
United States Code.
(i) The development and updating of comprehensive state
performance accountability measures, including state adjusted levels
of performance, to assess the effectiveness of the core programs in
the state as required under Section 3141(b) of Title 29 of the United
States Code. As part of this process the board shall do all of the
following:
(o) (1) Developing
(1) Develop a workforce metrics
dashboard, to be updated annually, that measures the state's human
capital investments in workforce development to better understand the
collective impact of these investments on the labor market. The
workforce metrics dashboard shall be produced using existing
available data and resources that are currently collected and
accessible to state agencies. The board shall convene workforce
program partners to develop a standardized set of inputs and outputs
for the workforce metrics dashboard. The workforce metrics dashboard
shall do all of the following:
(A) Provide a status report on credential attainment, training
completion, degree attainment, and participant earnings from
workforce education and training programs. The board shall publish
and distribute the final report.
(B) Provide demographic breakdowns, including, to the extent
possible, race, ethnicity, age, gender, veteran status, wage and
credential or degree outcomes, and information on workforce outcomes
in different industry sectors.
(C) Measure, at a minimum and to the extent feasible with existing
resources, the performance of the following workforce programs:
community college career technical education, the Employment Training
Panel, Title I and Title II of the federal Workforce Investment Act
of 1998, Trade Adjustment Assistance, and state apprenticeship
programs.
(D) Measure participant earnings in California, and to the extent
feasible, in other states. The Employment Development Department
shall assist the board by calculating aggregated participant earnings
using unemployment insurance wage records, without violating any
applicable confidentiality requirements.
(2) The State Department of Education is hereby authorized to
collect the social security numbers of adults participating in adult
education programs so that accurate participation in those programs
can be represented in the report card. However, an individual shall
not be denied program participation if he or she refuses to provide a
social security number. The State Department of Education shall keep
this information confidential and shall only use this information
for tracking purposes, in compliance with all applicable state and
federal law.
(3) (A) Participating workforce programs, as specified in clause
subparagraph (C) of paragraph (1), shall provide participant data in
a standardized format to the Employment Development Department.
(B) The Employment Development Department shall aggregate data
provided by participating workforce programs and shall report the
data, organized by demographics, earnings, and industry of
employment, to the board to assist the board in producing the annual
workforce metrics dashboard.
(j) The identification and dissemination of information on best
practices, including best practices for all of the following:
(1) The effective operation of one-stop centers, relating to the
use of business outreach, partnerships, and service delivery
strategies, including strategies for serving individuals with
barriers to employment.
(2) The development of effective local boards, which may include
information on factors that contribute to enabling local boards to
exceed negotiated local levels of performance, sustain fiscal
integrity, and achieve other measures of effectiveness.
(3) Effective training programs that respond to real-time labor
market analysis, that effectively use direct assessment and prior
learning assessment to measure an individual's prior knowledge,
skills, competencies, and experiences, and that evaluate such skills,
and competencies for adaptability, to support efficient placement
into employment or career pathways.
(k) The development and review of statewide policies affecting the
coordinated provision of services through the state's one-stop
delivery system described in Section 3151(e) of Title 29 of the
United States Code, including the development of all of the
following:
(1) Objective criteria and procedures for use by local boards in
assessing the effectiveness and continuous improvement of one-stop
centers described in Section 3151(e) of Title 29 of the United States
Code.
(2) Guidance for the allocation of one-stop center infrastructure
funds under Section 3151(h) of Title 29 of the United States Code.
(3) Policies relating to the appropriate roles and contributions
of entities carrying out one-stop partner programs within the
one-stop delivery system, including approaches to facilitating
equitable and efficient cost allocation in such system.
(l) The development of strategies for technological improvements
to facilitate access to, and improve the quality of, services and
activities provided through the one-stop delivery system, including
such improvements to all of the following:
(1) Enhance digital literacy skills, as defined in Section 9101 of
Title 20 of the United States Code, referred to in this division as
"digital literacy skills."
(2) Accelerate the acquisition of skills and recognized
postsecondary credentials by participants.
(3) Strengthen the professional development of providers and
workforce professionals.
(4) Ensure the technology is accessible to individuals with
disabilities and individuals residing in remote areas.
(m) The development of strategies for aligning technology and data
systems across one-stop partner programs to enhance service delivery
and improve efficiencies in reporting on performance accountability
measures, including the design and implementation of common intake,
data collection, case management information, and performance
accountability measurement and reporting processes and the
incorporation of local input into such design and implementation, to
improve coordination of services across one-stop partner programs.
(n) The development of allocation formulas for the distribution of
funds for employment and training activities for adults, and youth
workforce investment activities, to local areas as permitted under
Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United States
Code.
(o) The preparation of the annual reports described in paragraphs
(1) and (2) of Section 3141(d) of Title 29 of the United States Code.
(p) The development of the statewide workforce and labor market
information system described in Section 49l-2(e) of Title 29 of the
United States Code.
(q) The development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the state.
SEC. 13. Section 14017 of the Unemployment Insurance Code is
amended to read:
14017. (a) In efforts to expand job training and employment for
allied health professions, the California Workforce
Investment Development Board, in consultation
with the Division of Apprenticeship Standards, shall do the
following:
(1) Identify opportunities for "earn and learn" job training
opportunities that meet the industry's workforce demands and that are
in high-wage, high-demand jobs.
(2) Identify and develop specific requirements and qualifications
for entry into "earn and learn" job training models.
(3) Establish standards for "earn and learn" job training programs
that are outcome oriented and accountable. The standards shall
measure the results from program participation, including a
measurement of how many complete the program with an
industry-recognized credential that certifies that the individual is
ready to enter the specific allied health profession for which he or
she has been trained.
(4) Develop means to identify, assess, and prepare a pool of
qualified candidates seeking to enter "earn and learn" job training
models.
(b) (1) The board, on or before December 1, 2015, shall prepare
and submit to the appropriate policy committees of the Legislature a
report on the findings and recommendations of the board.
(2) The requirement for submitting a report imposed pursuant to
this subdivision is inoperative on January 1, 2019, pursuant to
Section 10231.5 of the Government Code.
SEC. 14. The heading of Article 2 (commencing with Section 14020)
of Chapter 3 of Division 7 of the Unemployment Insurance Code is
amended to read:
Article 2. State Planning and Sectors
SEC. 15. Section 14020 of the Unemployment Insurance Code is
amended to read:
14020. (a) The California Workforce Investment
Development Board, in collaboration with state and local
partners, including the Chancellor of the California Community
Colleges, the State Department of Education, other appropriate state
agencies, and local workforce investment
development boards, shall develop a strategic workforce
plan the State Plan to serve as a framework for
the development of public policy, employment services,
fiscal investment, and operation of all state labor exchange,
workforce education, and training programs to address the state's
economic, demographic, and workforce needs. The strategic workforce
plan shall also serve as the framework for the single state
plan required by the federal Workforce Investment Act of 1998. The
plan shall be updated at least every five years be
prepared in a manner consistent with the requirements of the federal
Workforce Innovation and Opportunity Act of 2014 .
(b) The state Consistent with the federal
Workforce Innovation and Opportunity Act, the State Plan shall
develop a California Industry Sector Initiative that will
serve as the cornerstone of the state plan and provide a framework
for state workforce investments and support for
provide a framework for state workforce policies and
support sector strategies.
(c) The California Workforce Investment
Development Board shall work collaboratively with state and
local partners to identify ways to eliminate systemwide barriers and
better align and leverage
federal, state, and local Workforce Investment
Innovation and Opportunity Act funding streams
, and other funding streams, and policies to develop,
support, and sustain regional alliances of employers and workforce
and education professionals who are working to improve the
educational pipeline, establish well-articulated career pathways,
provide industry-recognized credentials and certificates,
credentials, certificates, and recognized
postsecondary credentials, and address the career advancement
needs of current and future workers in competitive and emergent
industry sectors and clusters. The California Workforce
Investment Development Board and its partners
shall work collaboratively to maximize state and local investments
and pursue other resources to address the skills-gap needs identified
pursuant to paragraph (3) of subdivision (d).
(d) In order to support the requirement of the plans in
subdivision (a), the California Workforce Investment
Development Board shall do the following:
(1) Annually identify Identify
industry sectors and industry clusters that have a competitive
economic advantage and demonstrated economic importance to the state
and its regional economies. In developing this analysis, the
California Workforce Investment Development
Board shall consider the expertise of local workforce
investment development boards in the state's
respective regional economies and shall encourage the local workforce
investment development boards to
identify industry sectors and industry clusters that have a
competitive economic advantage and demonstrated economic importance
in their respective local workforce investment
development areas.
(2) Annually identify Identify new
dynamic emergent industry sectors and industry clusters with
substantial potential to generate new jobs and income growth for the
state and its regional economies. In developing this analysis, the
California Workforce Investment Development
Board shall consider the expertise of local workforce
investment development boards in the state's
respective regional economies and shall encourage the local workforce
investment development boards to
identify new dynamic emergent industry sectors and industry clusters
with substantial potential to generate new jobs and income growth in
their respective local workforce investment
development areas.
(3) Provide an annual a skills-gap
analysis enumerating occupational and skills shortages in the
industry sectors and industry clusters identified as having strategic
importance to the state's economy and its regional economies. In
developing this analysis, the California Workforce
Investment Development Board shall consider the
expertise of local workforce investment
development boards in the state's respective regional economies
and shall encourage the local workforce investment
development boards to conduct skills-gap
analysis for their respective local workforce investment
development areas. Skills-gap analysis for the
state and its regional economies shall use labor market data to
specify a list of high-priority, in-demand occupations for the state
and its regional economies. This list shall be used to inform
investment decisions and eligible training provider policies.
(4) Establish, with input from local workforce investment
development boards and other stakeholders,
initial and subsequent eligibility criteria for the federal Workforce
Investment Act of 1998 Innovation and
Opportunity Act of 2014 eligible training provider list that
effectively directs training resources into training programs leading
to employment in high-demand, high-priority, and occupations that
provide economic security, particularly those facing a shortage of
skilled workers. The subsequent eligibility criteria, to the extent
feasible, shall use performance and outcome measures to determine
whether a provider is qualified to remain on the list. At a minimum,
initial and subsequent eligibility criteria shall consider the
following:
(A) The relevance of the training program to the workforce needs
of the state's strategic industry sectors and industry clusters.
(B) The need to plug skills gaps and skills shortages in the
economy, including skills gaps and skills shortages at the state and
regional level.
(C) The need to plug skills gaps and skills shortages in local
workforce investment development areas.
(D) The likelihood that the training program will lead to job
placement in a job providing economic security or job placement in an
entry-level job that has a well-articulated career pathway or career
ladder to a job providing economic security.
(E) The need for basic skills and bridge training
in combination with programs that provide
access to occupational skills training for
individuals with barriers to employment and those who would otherwise
be unable to enter occupational skills training.
(F) To the extent feasible, utilize criteria that measure training
and education provider performance, including, but not limited to,
the following:
(i) Measures of skills or competency attainment.
(ii) Measures relevant to program completion, including measures
of course, certificate, degree, licensure, and program of study rate
of completion.
(iii) For those entering the labor market, measures of employment
placement and retention.
(iv) For those continuing in training or education, measures of
educational or training progression.
(v) For those who have entered the labor market, measures of
income, including wage measures.
(G) The division of labor for making initial and subsequent
eligibility determinations under this division shall be modeled on
the division of labor envisioned in the federal Workforce
Investment Act of 1998 in that the state board shall establish, with
input from local workforce investment boards and other stakeholders,
the initial and subsequent eligibility procedures and criteria
utilized by local workforce investment boards to assess training
provider performance. The local boards shall have the authority to
place and retain training providers on the list, and shall provide
relevant performance data pertaining to the training provider
criteria established pursuant to this division to a state agency
designated by the Governor. The relevant state agency shall also have
the authority to remove training providers for nonperformance,
provided they do not meet the performance criteria established
pursuant to this division Innovation and Opportunity
Act of 2014 .
(H) If the state receives a waiver from the federal subsequent
eligibility provisions specified in the federal Workforce
Investment Act of 1998, Innovation and Opportunity Act
of 2014, the state workforce investment
development board shall establish its own subsequent
eligibility criteria that take into account all of the criteria
specified in subparagraphs (A) to (G), inclusive.
SEC. 16. Section 14022 of the Unemployment Insurance Code is
repealed.
14022. (a) The California Workforce Investment Board, in
coordination with the department, shall participate in the
development of Request for Proposal (RFP) language and the evaluation
of proposals for determining grant allocations of the funds, as
identified in Item 7100-001-0869, Schedule (4) 61.60 - WIA Removing
Barriers for Special Needs Populations for Green Technology/Green
Collar Jobs, and Schedule (2) 61.40 - WIA Growth Industries for Green
Technology/Green Collar Jobs, of Section 2.00 of the Budget Act of
2009 (Chapter 1 of the Statutes of the 2009 Third Extraordinary
Session), and future budget acts, to ensure consistency with the
green collar strategic initiative required to be developed by the
Green Collar Jobs Council pursuant to Section 15002.
(b) The board shall also annually prepare and submit to the
Legislature a report containing all of the following information:
(1) A list of any funds allocated, or not allocated for the
purposes of subdivision (a), including a statement of the reasons for
any such action.
(2) The name of each grant recipient, and the amount allocated to
the recipient.
SEC. 17. The heading of Article 1 (commencing with Section 14200)
of Chapter 4 of Division 7 of the Unemployment Insurance Code is
amended to read:
Article 1. Local Workforce Investment
Development Board
SEC. 18. Section 14200 of the Unemployment Insurance Code is
amended to read:
14200. (a) The local chief elected officials in a local workforce
development area shall form, pursuant to guidelines established by
the Governor and the board, a local workforce investment
development board to plan and oversee the
workforce investment system.
(b) The Governor shall periodically certify one local
board for each local area in the state once every two years,
state, following the requirements of the
federal Workforce Investment Act of 1998
Innovation and Opportunity Act of 2014 .
(c) The Governor shall establish, through the California Workforce
Investment Development Board,
standards for certification of high-performance local workforce
investment development boards. The
California Workforce Investment Development
Board shall, in consultation with representatives from local
workforce investment development boards,
initiate a stakeholder process to determine the appropriate
measurable metrics and standards for high-performance certification.
These standards shall be implemented on or before January 1, 2013,
and the first certification of high-performance boards shall occur on
or before July 1, 2013. Certification and recertification of each
high-performance local workforce investment
development board shall occur thereafter at least once
every two years midway through the implementation of
the local and regional plans required by the Workforce Innovation and
Opportunity Act . In order to meet the standards for
certification, a high-performance local workforce investment
development board shall do all of the
following:
(1) Consistently meet or exceed negotiated performance goals for
all of the measures in each of the three federal Workforce
Investment Act of 1998 Innovation and Opportunity Act
of 2014 customer groups, which consist of adults, dislocated
workers, and youth.
(2) Consistently meet the statutory requirements of this division.
(3) Develop and implement local policies and a local strategic
plan that meets all of the following requirements:
(A) Is separate and apart from the local plan required
Meets all local and regional planning requirements
specifi ed under the federal Workforce
Investment Act of 1998 Innovation and Development Act
of 2014 .
(B) Is consistent with the California Workforce
Investment Development Board strategic
plan State Plan .
(C) Describes the actions that the board shall take to implement
local policies in furtherance of its goals.
(D) Serves as a written account of intended future courses of
action aimed at achieving the specific goals of the local and state
board within a specific timeframe.
(E) Explains what needs to be done, by whom, and when each action
is required to occur in order to meet those goals.
(4) Demonstrate that the local planning process involves key
stakeholders, including the major employers and industry groups in
the relevant regional economy and organized labor.
(5) Demonstrate that the local planning process takes into account
the entire workforce training pipeline for the relevant regional
economy, including partners in K-12 education, career technical
education, the community college system, other postsecondary
institutions, and other local workforce investment
development areas operating in relevant regional economy.
(6) Demonstrate that the local planning process and plan are data
driven, and that policy decisions at the local level are evidence
based. Each high-performance local workforce investment
development board shall use labor market data to
develop and implement the local plan, taking care to steer resources
into programs and services that are relevant to the needs of each
workforce investment development area's
relevant regional labor market and high-wage industry sectors. Local
workforce investment development areas
shall demonstrate an evidence-based approach to policymaking by
establishing performance benchmarks and targets to measure progress
toward local goals and objectives.
(7) Demonstrate investment in workforce initiatives, and,
specifically, training programs that promote skills development and
career ladders relevant to the needs of each workforce investment
area's regional labor market and high-wage industry sectors.
(8) Establish a youth strategy aligned with the needs of each
workforce investment area's regional labor market and high-wage
industry sectors.
(9) Establish a business service plan that integrates local
business involvement with workforce initiatives. This plan at a
minimum shall include all of the following:
(A) Efforts to partner with businesses to identify the workforce
training and educational barriers to attract jobs in the relevant
regional economy, existing skill gaps reducing the competitiveness of
local businesses in the relevant regional economies, and potential
emerging industries that would likely contribute to job growth in the
relevant regional economy if investments were made for training and
educational programs.
(B) An electronic system for both businesses and job seekers to
communicate about job opportunities.
(C) A subcommittee of the local workforce investment
development board that further develops and
makes recommendations for the business service plan for each local
workforce investment development board
in an effort to increase employer involvement in the activities of
the local workforce investment development
board. The subcommittee members should be comprised of business
representatives on the local workforce investment
development board who represent both the leading
industries and employers in the relevant regional economy and
potential emerging sectors that have significant potential to
contribute to job growth in the relevant regional economy if
investments were made for training and educational programs.
(d) Beginning in the 2013-14 fiscal year, the
The Governor and the Legislature, as part of the annual
budget process, in consultation with the California Workforce
Investment Development Board, shall
annually reserve a portion of the 15-percent discretionary fund made
available pursuant to the federal Workforce Investment Act
of 1998 Innovation and Opportunity Act of 2014
for the purpose of providing performance incentives to
high-performance local workforce investment
development boards. The remaining discretionary funds shall
continue to be available for other discretionary purposes as provided
for in the federal Workforce Investment Act of 1998
Innovation and Opportunity Act of 2014 .
(e) Only a workforce investment
development board that is certified as a high-performance local
workforce investment development board
by the California Workforce Investment
Development Board shall be eligible to receive any incentive
money reserved for high-performance local workforce
investment development boards, as described in
subdivision (d). A board that is not certified as a high-performance
local workforce investment development
board shall not receive any portion of the money reserved for
high-performance local workforce investment
development boards, as described in subdivision (d) or
any portion of the state's 15-percent discretionary fund .
(f) The California Workforce Investment
Development Board shall establish a policy for the allocation
of incentive moneys to high-performance local workforce
investment development boards.
(g) The To the extent permitted by the
Workforce Innovation and Opportunity Act of 2014, the
California Workforce Investment Development
Board may consider the utilization of incentive grants
pursuant to the federal Workforce Investment Act of 1998 (29 U.S.C.
Sec. 2864(a)(2)(B)(iii)), grants, or direct
assistance, or both, to local workforce development boards
for the purposes of this section.
(h) There shall not be a requirement to set aside federal
Workforce Investment Act of 1998 Innovation
and Opportunity Act of 2014 funds for the purposes of
subdivisions (d), (e), (f), or (g) in years when the federal
government significantly reduces the share of federal Workforce
Investment Act of 1998 Innovation and
Opportunity Act of 2014 funds appropriated to the state for
statewide discretionary purposes below the federal statutory amount
of 15 percent.
SEC. 19. Section 14201 of the Unemployment Insurance Code is
amended to read:
14201. Local workforce investment
development boards shall be established in each local workforce
investment development area of the
state to assist the local chief elected official in planning,
oversight, and evaluation of local workforce investment. The local
board shall promote effective outcomes consistent with statewide
goals, objectives, and negotiated local performance standards.
SEC. 20. Section 14202 of the Unemployment Insurance Code is
repealed.
14202. Membership of the local board shall be appointed by the
local chief elected official using criteria established by the
Governor and the board, and shall include:
(a) Representatives of business in the local area appointed from
among individuals nominated by local business organizations and
business trade associations and that reflect employment opportunities
of the local area. Business representatives shall be owners of
businesses, chief executives, or operating officers of businesses or
other business executives, including human resources executives, or
employers with optimum policymaking or hiring authority.
(b) Representatives of local educational entities, including
representatives of local educational agencies, local school boards,
entities providing adult education and literacy activities, public
and private postsecondary educational institutions, including
representatives of community colleges, selected from among
individuals nominated by regional or local educational agencies,
institutions, or organizations representing local educational
entities.
(c) Representatives of labor organizations nominated by local
labor federations, including a representative of an apprenticeship
program. At least 15 percent of local board members shall be
representatives of labor organizations unless the local labor
federation fails to nominate enough members. If this occurs, then at
least 10 percent of the local board members shall be representatives
of labor organizations.
(d) Representatives of local community-based organizations,
including organizations representing individuals with disabilities
and veterans, and organizations that serve populations with barriers
to employment, such as the economically disadvantaged, youth,
farmworkers, homeless, and immigrants.
(e) Representatives of economic development agencies, including
private sector economic development entities.
(f) Representatives of each of the one-stop partners.
(g) Members of the local board that represent organizations,
agencies, or other entities shall be individuals with optimum
policymaking authority within those organizations, agencies, or
entities.
SEC. 21. Section 14202 is added to the Unemployment Insurance
Code, to read:
14202. The Governor, in partnership with the board, shall
establish criteria for use by chief elected officials in the local
areas for appointment of members of the local boards. Such criteria
shall require that, at a minimum, all of the following:
(a) A majority of the members of each local board shall be
representatives of business in the local area, who:
(1) Are owners of businesses, chief executives or operating
officers of businesses, or other business executives or employers
with optimum policymaking or hiring authority.
(2) Represent businesses, including small businesses, or
organizations representing businesses described in this subdivision,
that provide employment opportunities that, at a minimum, include
high-quality, work-relevant training and development in in-demand
industry sectors or occupations in the local area.
(3) Are appointed from among individuals nominated by local
business organizations and business trade associations.
(b) Not less than 20 percent of the members of each local board
shall be representatives of the workforce within the local area, who:
(1) Shall include representatives of labor organizations, for a
local area in which employees are represented by labor organizations,
who have been nominated by local labor federations and these
representatives shall amount to not less than 15 percent of local
board membership. For a local area in which no employees are
represented by such organizations other representatives of employees
shall be appointed to the board but any local board that appoints
representatives of employees that are not nominated by local labor
federations shall demonstrate that no employees are represented by
such organizations in the local area.
(2) Shall include a representative, who shall be a member of a
labor organization or a training director, from a joint
labor-management apprenticeship program, or if no such joint program
exists in the area, such a representative of a state-approved
apprenticeship program in the area, if such a program exists.
(3) May include representatives of community-based organizations
that have demonstrated experience and expertise in addressing the
employment needs of individuals with barriers to employment,
including organizations that serve veterans or that provide or
support competitive integrated employment for individuals with
disabilities.
(4) May include representatives of organizations that have
demonstrated experience and expertise in addressing the employment,
training, or education needs of eligible youth, including
representatives of organizations that serve out-of-school youth.
(c) Each local board shall include representatives of entities
administering education and training activities in the local area,
who:
(1) Shall include a representative of eligible providers
administering adult education and literacy activities under Title II
of the Workforce Innovation and Opportunity Act.
(2) Shall include a representative of institutions of higher
education providing workforce investment activities, including
community colleges.
(3) May include representatives of local educational agencies, and
of community-based organizations with demonstrated experience and
expertise in addressing the education or training needs of
individuals with barriers to employment.
(d) Each local board shall include representatives of governmental
and economic and community development entities serving the local
area, who:
(1) Shall include a representative of economic and community
development entities.
(2) Shall include an appropriate representative from the state
employment service office under the Wagner-Peyser Act (29 U.S.C. 49
et seq.) serving the local area.
(3) Shall include an appropriate representative of the programs
carried out under Title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than Section 112 or Part C of that Title
(29 U.S.C. 732, 741), serving the local area.
(4) Shall include an appropriate representative of the programs
carried out under Title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than Section 112 or Part C of that Title
(29 U.S.C. 732, 741), serving the local area.
(5) May include representatives of philanthropic organizations
serving the local area.
(e) Each local board may include such other individuals or
representatives of entities as the chief elected official in the
local area may determine to be appropriate.
SEC. 22. Section 14203 of the Unemployment Insurance Code is
repealed.
14203. Membership of local boards may include other individuals
or representatives of entities as the local elected official in the
local area may determine to be appropriate. A single member of the
local board may be appointed to represent multiple constituencies on
the local board.
SEC. 23. Section 14204 of the Unemployment Insurance Code is
repealed.
14204. A majority of the members of the local board shall be
representatives of businesses in the local area.
SEC. 24. Section 14206 of the Unemployment Insurance Code is
repealed.
14206. It shall be the duty of the local board to do all of the
following:
(a) Coordinate workforce investment activities in the local area
with economic development strategies.
(b) Promote participation of private sector employers in the local
workforce investment system.
(c) Develop and submit a local workforce investment plan to the
Governor.
(d) Select one-stop operators, with the agreement of the local
chief elected official, annually review their operations, and
terminate for cause the eligibility of such operators.
(e) Award grants or contracts to eligible providers of youth
activities in the local area on a competitive basis, consistent with
the Workforce Investment Act of 1998, based upon the recommendations
of the youth council.
(f) Identify, consistent with the Workforce Investment Act of
1998, eligible providers of training services.
(g) Identify eligible providers of intensive
services and, when the one-stop operator does not provide intensive
services to the local area, award contracts to those providers.
(h) Develop local policy on the amount and duration of individual
training accounts based upon the market rate for local training
programs.
(i) Conduct program oversight over workforce investment activities
in the local area.
(j) Negotiate with the local chief elected official in the local
area and the Governor on local performance measures for the local
area.
(k) Assist in the development of a statewide employment statistics
system, which shall be developed in conjunction with and shall
utilize to the fullest extent possible, the Employment Development
Department's labor market information system.
SEC. 25. Section 14206 is added to the Unemployment Insurance
Code, to read:
14206. Consistent with the requirements of the Workforce
Innovation and Opportunity Act, the local board shall do all of the
following:
(a) In partnership with the chief elected official for the local
area involved, develop and submit a local plan to the Governor that
meets the requirements of the Workforce Innovation and Opportunity
Act. If the local area is part of a planning region that includes
other local areas, the local board shall collaborate with the other
local boards and chief elected officials from such other local areas
in the preparation and submission of a regional plan as described in
the Workforce and Innovation and Opportunity Act.
(b) In order to assist in the development and implementation of
the local plan, the local board shall do all of the following:
(1) Carry out analyses of the economic conditions in the region,
the needed knowledge and skills for the region, the workforce in the
region, and workforce development activities, including education and
training, in the region described in Section 3123(b)(1)(D) of Title
29 of the United States Code, and regularly update such information.
(2) Assist the Governor in developing the statewide workforce and
labor market information system described in Section 15(e) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(e)), specifically in the
collection, analysis, and utilization of workforce and labor market
information for the region.
(3) Conduct such other research, data collection, and analysis
related to the workforce needs of the regional economy as the board,
after receiving input from a wide array of stakeholders, determines
to be necessary to carry out its functions.
(c) Convene local workforce development system stakeholders to
assist in the development of the local plan under Section 3123 of
Title 29 of the United States Code and in identifying nonfederal
expertise and resources to leverage support for workforce development
activities. The local board, including standing committees, may
engage such stakeholders in carrying out the functions described in
this subdivision.
(d) Lead efforts to engage with a diverse range of employers and
with entities in the region involved to do all of the following:
(1) Promote business representation, particularly representatives
with optimal policymaking or hiring authority from employers whose
employment opportunities reflect existing and emerging employment
opportunities in the region, on the local board.
(2) Develop effective linkages, including the use of
intermediaries, with employers in the region to support employer
utilization of the local workforce development system and to support
local workforce investment activities.
(3) Ensure that workforce investment activities meet the needs of
employers and support economic growth in the region, by enhancing
communication, coordination, and collaboration among employers,
economic development entities, and service providers.
(4) Develop and implement proven or promising strategies for
meeting the employment and skill needs of workers and employers, like
the establishment of industry and sector partnerships, that provide
the skilled workforce needed by employers in the region, and that
expand employment and career advancement opportunities for workforce
development system participants in in-demand industry sectors or
occupations.
(e) With representatives of secondary and postsecondary education
programs, lead efforts in the local area to develop and implement
career pathways within the local area by aligning the employment,
training, education, and supportive services that are needed by
adults and youth, particularly individuals with barriers to
employment.
(f) Lead efforts in the local area to accomplish both of the
following:
(1) Identify and promote proven and promising strategies and
initiatives for meeting the needs of employers, and workers and
jobseekers, including individuals with barriers to employment, in the
local workforce development system, including providing physical and
programmatic accessibility, in accordance with Section 3248 of Title
29 of the United States Code, if applicable, and applicable
provisions of the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), to the one-stop delivery system.
(2) Identify and disseminate information on proven and promising
practices carried out in other local areas for meeting these needs.
(g) Develop strategies for using technology to maximize the
accessibility and effectiveness of the local workforce development
system for employers, and workers and jobseekers, by doing all of the
following:
(1) Facilitating connections among the intake and case management
information systems of the one-stop partner programs to support a
comprehensive workforce development system in the local area.
(2) Facilitating access to services provided through the one-stop
delivery system involved, including facilitating the access in remote
areas.
(3) Identifying strategies for better meeting the needs of
individuals with barriers to employment, including strategies that
augment traditional service delivery, and increase access to services
and programs of the one-stop delivery system, such as improving
digital literacy skills.
(4) Leveraging resources and capacity within the local workforce
development system, including resources and capacity for services for
individuals with barriers to employment.
(h) In partnership with the chief elected official for the local
area, shall conduct oversight for local youth workforce investment
activities as required under the federal Workforce Innovation and
Opportunity Act, ensure the appropriate use and management of the
funds as required under the Workforce Innovation and Opportunity Act,
and, for workforce development activities, ensure the appropriate
use, management, and investment of funds to maximize performance
outcomes as required under the federal Workforce Innovation and
Opportunity Act.
(i) Negotiate and reach agreement on local performance
accountability measures, as described in Section 3141(c) of Title 29
of the United States Code, with the chief elected official and the
Governor.
(j) Select and provide access to system operators, service
providers, trainers, and educators, in a manner consistent with the
requirements of the Workforce Innovation and Opportunity Act and
applicable state laws, including all of the following:
(1) Consistent with Section 3151(d) of Title 29 of the United
States Code, and with the agreement of the chief elected official for
the local area, designate or certify one-stop operators as described
in Section 3151(d)(2)(A) of Title 29 of the United States Code and
terminate for cause the eligibility of these operators.
(2) Consistent with Section 3153 of Title 29 of the United States
Code, identify eligible providers of youth workforce investment
activities in the local area by awarding grants or contracts on a
competitive basis, except as provided in Section 3153(b) of Title 29
of the United States Code, based on the recommendations of the youth
standing committee, if such a committee is established for the local
area and terminate for cause the eligibility of these providers.
(3) Consistent with Section 3152 of Title 29 of the United States
Code and paragraph (4) of subdivision (d) of Section 14020, identify
eligible providers of training services in the local area.
(4) If the one-stop operator does not provide career services
described in Section 3174(c)(2) of Title 29 of the United States Code
in a local area, identify eligible providers of those career
services in the local area by awarding contracts.
(5) Consistent with Section 3152 of Title 29 of the United States
Code and paragraphs (2) and (3) of Section 3174(c) of Title 29 of the
United States Code, work with the state to ensure there are
sufficient numbers and types of providers of career services and
training services, including eligible providers with expertise in
assisting individuals with disabilities and eligible providers with
expertise in assisting adults in need of adult education and literacy
activities, serving the local area and providing the services
involved in a manner that maximizes consumer choice, as well as
providing opportunities that lead to competitive integrated
employment for individuals with disabilities.
(k) Consistent with the requirements of the Workforce Innovation
and Opportunity Act, coordinate activities with education and
training providers in the local area, including providers of
workforce development activities, providers of adult education and
literacy activities under Title II of the Workforce Innovation and
Opportunity Act, providers of career and technical education, as
defined in Section 2302 of Title 20 of the United States Code, and
local agencies administering plans under Title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than
Section 112 or Part C of that Title (29 U.S.C. 732, 741).
SEC. 26. Section 14206.1 of the Unemployment Insurance Code is
repealed.
14206.1. For purposes of disbursing economic recovery funds made
available as part of the federal American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) to workforce development programs,
local workforce investment boards may work directly with institutions
of higher education and other training providers approved by state
or federal government agencies, including private postsecondary
institutions that participate in the federal student financial aid
programs under Title IV of the Higher Education Act of 1965 and
comply with applicable regulations pursuant to the federal act, to
quickly design education and training to fit the needs of the job
seekers and employers they are serving.
SEC. 27. Section 14207 of the Unemployment Insurance Code is
amended to read:
14207. The local board, in order to carry out its functions:
(a) Shall prepare a budget for the purpose of carrying out the
duties of the local board as specified under this section, subject to
the approval of the local chief elected official.
(b) Shall direct the activities of the local board's executive
director.
(c) May employ additional staff to carry out the activities as
described in the local board's strategic plan.
(d) May solicit and accept contributions and grant funds from
other sources.
(e) Shall not provide training services unless the Governor grants
a written waiver of this provision in
accordance with the process outlined in the Workforce Innovation and
Opportunity Act .
(f) Shall not provide other workforce investment services or be
designated as a one-stop operator without the agreement of the local
chief elected official and the Governor.
(f) May provide career services described in Section 3174(c)(2) of
Title 29 of the United States Code through a one-stop delivery
system or be designated or certified as a one-stop operator only with
the agreement of the chief elected official in the local area and
the Governor.
SEC. 28. Section 14208 of the Unemployment Insurance Code is
repealed.
14208. A youth council shall be established as a subgroup within
each local board, appointed by the local board in cooperation with
the local chief elected official. Youth council membership shall
conform with the requirements of the Workforce Investment Act of
1998.
SEC. 29. Section 14208 is added to the Unemployment Insurance
Code, to read:
14208. A local workforce development board may establish as a
standing committee to provide information and to assist with
planning, operational, and other issues relating to the provision of
services to youth, which shall include community-based organizations
with a demonstrated record of success in serving eligible youth.
Members of this committee shall be appointed in conformity with the
requirements of the federal Workforce Innovation and Opportunity Act.
SEC. 30. Section 14209 of the Unemployment Insurance Code is
amended to read:
14209. It is the intent of the Legislature that when appointing
members to the youth council, any standing
committee on the provision of youth services, the local
workforce investment board and the local chief elected official
shall endeavor to appoint:
(a) Representatives of youth who are enrolled in school, and out
of school youth.
(b) Representatives from the private sector.
(c) Representatives of local educational agencies serving youth.
(d) Representatives of private nonprofit agencies serving youth.
(e) Representatives of apprenticeship training programs serving
youth.
SEC. 31. Section 14210 of the Unemployment Insurance Code is
repealed.
14210. The youth council shall do all of the following:
(a) Develop the portions of the local plan relating to youth.
(b) Make recommendations of eligible providers of youth activities
for the award of grants or contracts on a competitive basis by the
local board to carry out youth activities.
(c) Leverage other youth program funds in the local area for the
purpose of improving the effectiveness of local youth programs
through collaborative planning, funding, and service delivery.
(d) Conduct oversight of eligible youth activities in the local
area.
(e) Make recommendations to the local board for connecting youth
program activities, including those provided by local educational
entities to the one-stop delivery system.
(f) Make recommendations to the local board for including training
in nontraditional occupations for women and girls and
preapprenticeship training in youth program activities.
SEC. 32. Section 14211 of the Unemployment Insurance Code is
amended to read:
14211. (a) (1) Beginning program year 2012, an amount equal to at
least 25 percent of funds available under Title I of the federal
Workforce Investment Act of 1998 (Public Law 105-220)
Innovation and Opportunity Act of 2014 (Public Law
113-128) provided to local workforce investment boards for
adults and dislocated workers shall be spent on workforce training
programs. This minimum may be met either by spending 25 percent of
those base formula funds on training or by combining a portion of
those base formula funds with leveraged funds as specified in
subdivision (b).
(2) Beginning program year 2016, an amount equal to at least 30
percent of funds available under Title I of the federal Workforce
Investment Act of 1998 (Public Law 105-220)
Innovation and Opportunity Act of 2014 (Public Law 113-128)
provided to local workforce investment
development boards for adults and dislocated workers shall be
spent on workforce training programs. This minimum may be met either
by spending 30 percent of those base formula funds on training or by
combining a portion of those base formula funds with leveraged funds
as specified in subdivision (b).
(3) Expenditures that shall count toward the minimum percentage of
funds shall include only training services as defined in Section
2864(d)(4)(D) 3174(c)(3)(D) of Title 29
of the United States Code and Sections 663.300 and 663.508
of Title 20 the corresponding sections of the
Code of Federal Regulations, including all of the following:
(A) Occupational skills training, including training for
nontraditional employment.
(B) On-the-job training.
(C) Programs that combine workplace training with related
instruction, which may include cooperative education programs.
(D) Training programs operated by the private sector.
(E) Skill upgrading and retraining.
(F) Entrepreneurial training.
(G) Incumbent worker training in accordance with Section 3174(d)
(4) of Title 29 of the United States Code.
(H) Transitional jobs in accordance with Section 3174(d)(5) of
Title 29 of the United States Code.
(G)
(I) Job readiness training provided in combination
with any of the services described in subparagraphs (A) to (H),
inclusive. .
(H)
(J) Adult education and literacy activities provided in
combination with services described in any of subparagraphs (A) to
(G), inclusive.
(I)
(K) Customized training conducted with a commitment by
an employer or group of employers to employ an individual upon
successful completion of the training.
(b) (1) Local workforce investment
development boards may receive a credit of up to 10 percent of
their adult and dislocated worker formula fund base allocations for
public education and training funds and private resources from
industry and from joint labor-management trusts that are leveraged by
a local workforce investment development
board for training services described in paragraph (3) of
subdivision (a). This credit may be applied toward the minimum
training requirements in paragraphs (1) and (2) of subdivision (a).
(A) Leveraged funds that may be applied toward the credit allowed
by this subdivision shall only include the following:
(i) Federal Pell Grants established under Title IV of the federal
Higher Education Act of 1965 (20 U.S.C. Sec. 1070 et seq.).
(ii) Programs authorized by the federal Workforce
Investment Act of 1998 (Public Law 105-220) Innovation
and Opportunity Act of 2014 (Public Law 113-128) .
(iii) Trade adjustment assistance.
(iv) Department of Labor National Emergency Grants.
(v) Match funds from employers, industry, and industry
associations.
(vi) Match funds from joint labor-management trusts.
(vii) Employment training panel grants.
(B) Credit for leveraged funds shall only be given if the local
workforce investment development board
keeps records of all training expenditures it chooses to apply to the
credit. Training expenditures may only be applied to the credit if
the relevant training costs can be independently verified by the
Employment Development Department and training participants must be
coenrolled in the federal Workforce Investment Act of 1998
Innovation and Opportunity Act of 2014
performance monitoring system.
(2) The use of leveraged funds to partially meet the training
requirements specified in paragraphs (1) and (2) of subdivision (a)
is the prerogative of a local workforce investment
development board. Costs arising from the recordkeeping
required to demonstrate compliance with the leveraging requirements
of this subdivision are the responsibility of the local
board.
(c) Beginning program year 2012, the Employment Development
Department shall calculate for each local workforce
investment development 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 of 1998 Innovation and Opportunity Act of 2014
funds, whether the local workforce investment
development board met the requirements of
subdivision (a). The Employment Development Department shall provide
to each local workforce investment
development board its individual calculations with respect to
the expenditure requirements of subdivision (a).
(d) A local workforce investment
development 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 development 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 (c).
(e) For the purpose of this section, "program year" has the same
meaning as provided in Section 667.100 of Title 20 of the Code of
Federal Regulations.
SEC. 33. Section 14220 of the Unemployment Insurance Code is
amended to read:
14220. Each local board shall develop and submit to the Governor
a comprehensive five-year four-year
local plan in partnership with the appropriate chief local elected
official. The local plan shall be consistent with the
state workforce investment plan State Plan.
If the local area is part of a planning region, the local board shall
comply with Section 3121(c) of Title 29 of the United
States Code in the preparation and submission of a regional plan. At
the end of the first two-year period of the four-year local plan,
each local board shall review the local plan and the local board, in
partnership with the chief elected official, shall prepare and submit
modifications to the local plan to reflect changes in labor market
and economic conditions or in other factors affecting the
implementation of the local plan .
SEC. 34. Section 14221 of the Unemployment Insurance Code is
repealed.
14221. The local plan shall include all of the following:
(a) A local labor market assessment which contains an
identification of local and regional workforce investment needs of
key industry sectors, businesses, jobseekers, and incumbent workers
in the local area, the current and projected employment opportunities
and the job skills necessary to obtain that employment.
(b) A description of the local one-stop delivery system, including
all of the following:
(1) A description of how the local board will achieve system
integration that will improve services to employers, incumbent
workers, and jobseekers, and a description of local funding sources.
(2) A copy of each memorandum of understanding between the local
board and each of the one-stop partners concerning the operation of
the one-stop delivery system in the local area.
(c) A description of the local levels of performance negotiated
with the Governor and chief local elected official to be used to
measure the performance of the local area and the performance of the
local fiscal agent, eligible providers, and the one-stop delivery
system in the local area. Performance standards shall not create
disincentives for serving clients for whom it is more difficult to
provide service.
(d) A description and assessment of the type and availability of
adult and dislocated worker employment and training activities in the
local area.
(e) A description of how the local board will provide services to
the business community, including, but not limited to, recruitment
and staffing services, training, and development, information and
resources, and outplacement and business retention services.
(f) A description of how the local board will coordinate workforce
investment activities carried out in the local area with statewide
rapid response activities, as appropriate.
(g) A description and assessment of the type and availability of
youth activities in the local area, including an identification of
successful providers of those activities.
(h) A description of the process used by the local board,
consistent with Section 14223, to provide an opportunity for public
comment, including comment by representatives of businesses, labor
organizations, and community-based organizations, and input into the
development of the local plan, prior to submission of the plan.
(i) An identification of the entity, as prescribed in the
Workforce Investment Act of 1998, responsible for the disbursal of
funds under the Workforce Investment Act of 1998.
(j) A description of the competitive process to be used to award
the grants and contracts in the local area for activities carried out
under the Workforce Investment Act of 1998.
SEC. 35. Section 14221 is added to the Unemployment Insurance
Code, to read:
14221. The local plan shall include all of the following:
(a) A description of the strategic planning elements consisting of
each of the following:
(1) An analysis of the regional economic conditions, including,
existing and emerging in-demand industry sectors and occupations and
the employment needs of employers in those industry sectors and
occupations.
(2) An analysis of the knowledge and skills needed to meet the
employment needs of the employers in the region, including employment
needs in in-demand industry sectors and occupations.
(3) An analysis of the workforce in the region, including current
labor force employment and unemployment data, and information on
labor market trends, and the educational and skill levels of the
workforce in the region, including individuals with barriers to
employment.
(4) An analysis of the workforce development activities, including
education and training, in the region, including an analysis of the
strengths and weaknesses of such services, and the capacity to
provide such services, to address the identified education and skill
needs of the workforce and the employment needs of employers in the
region.
(5) A description of the local board's strategic vision and
goals for preparing an educated and skilled workforce, including
youth and individuals with barriers to employment, including goals
relating to the performance accountability measures based on primary
indicators of performance described in Section 3141(b)(2)(A) of Title
29 of the United States Code in order to support regional economic
growth and economic self-sufficiency.
(6) Taking into account analyses described in paragraphs (1) to
(4), inclusive, a strategy to work with the entities that carry out
the core programs to align resources available to the local area, to
achieve the strategic vision and goals described in paragraph (5).
(b) A description of the workforce development system in the local
area that identifies the programs that are included in that system
and how the local board will work with the entities carrying out core
programs and other workforce development programs to support
alignment to provide services, including programs of study authorized
under the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.), that support the strategy identified in
the State Plan under Section 3112(b)(1)(E) of the Title 29 of the
United States Code.
(c) A description of how the local board, working with the
entities carrying out core programs, will expand access to
employment, training, education, and supportive services for eligible
individuals, particularly eligible individuals with barriers to
employment, including how the local board will facilitate the
development of career pathways and co-enrollment, as appropriate, in
core programs, and improve access to activities leading to a
recognized postsecondary credential, including a credential that is
an industry-recognized certificate or certification, portable, and
stackable.
(d) A description of the strategies and services that will be used
in the local area in order to facilitate engagement of employers,
including small employers and employers in in-demand industry sectors
and occupations, in workforce development programs, support a local
workforce development system that meets the needs of businesses in
the local area, better coordinate workforce development programs and
economic development, and strengthen linkages between the one-stop
delivery system and unemployment insurance programs. This may include
the implementation of initiatives such as incumbent worker training
programs, on-the-job training programs, customized training programs,
industry and sector strategies, career pathways initiatives,
utilization of effective business intermediaries, and other business
services and strategies, designed to meet the needs of employers in
the corresponding region in support of the strategy described in
paragraph (5) of subdivision (a).
(e) A description of how the local board will coordinate workforce
investment activities carried out in the local area with economic
development activities carried out in the region in which the local
area is located, or planning region, and promote entrepreneurial
skills training and microenterprise services.
(f) A description of the one-stop delivery system in the local
area, including all of the following:
(1) A description of how the local board will ensure the
continuous improvement of eligible providers of services through the
system and ensure that such providers meet the employment needs of
local employers, and workers and jobseekers.
(2) A description of how the local board will facilitate access to
services provided through the one-stop delivery system, including in
remote areas, through the use of technology and through other means.
(3) A description of how entities within the one-stop delivery
system, including one-stop operators and the one-stop partners, will
comply with Section 3248 of Title 29 of the United States Code, if
applicable, and applicable provisions of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding the
physical and programmatic accessibility of facilities, programs and
services, technology, and materials for individuals with
disabilities, including providing staff training and support for
addressing the needs of individuals with disabilities.
(4) A description of the roles and resource contributions of the
one-stop partners.
(g) A description and assessment of the type and availability of
adult and dislocated worker employment and training activities in the
local area.
(h) A description of how the local board will coordinate workforce
investment activities carried out in the local area with statewide
rapid response activities, as described in Section 3174(a)(2)(A) of
this Title 29 of the United States Code.
(i) A description and assessment of the type and availability of
youth workforce investment activities in the local area, including
activities for youth who are individuals with disabilities, which
description and assessment shall include an identification of
successful models of such youth workforce investment activities.
(j) A description of how the local board will coordinate education
and workforce investment activities carried out in the local area
with relevant secondary and postsecondary education programs and
activities to coordinate strategies, enhance services, and avoid
duplication of services.
(k) A description of how the local board will coordinate workforce
investment activities carried out under this article in the local
area with the provision of transportation, including public
transportation, and other appropriate supportive services in the
local area.
(l) A description of plans and strategies for, and assurances
concerning, maximizing coordination of services provided by the state
employment service under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.) and services provided in the local area through the one-stop
delivery system, to improve service delivery and avoid duplication of
services.
(m) A description of how the local board will coordinate workforce
investment activities carried out in the local area with the
provision of adult education and literacy activities in the local
area, including a description of how the local board will carry out,
consistent with subparagraphs (A) and (B)(i) of Section 3122(d)(11)
of Title 29 of the United States Code and Section 3322 of Title 29 of
the United States Code, the review of local applications.
(n) A description of the replicated cooperative agreements, as
defined in Section 3122(d)(11) of Title 29 of the United States Code
between the local board or other local entities described in section
101(a)(11)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)
(B)) and the local office of a designated state agency or designated
state unit administering programs carried out under Title I of that
act, other than Section 112 or Part C of that Title (29 U.S.C. 732,
741) and subject to Section 3151(f) of Title 29 of the United States
Code, in accordance with Section 101(a)(11) of the Rehabilitation Act
of 1973 (29 U.S.C. 721(a)(11)) with respect to efforts that will
enhance the provision of services to individuals with disabilities
and to other individuals, such as cross training of staff, technical
assistance, use and sharing of information, cooperative efforts with
employers, and other efforts at cooperation, collaboration, and
coordination.
(o) An identification of the entity responsible for the disbursal
of grant funds described in Section 3122(d)(12)(B)(i)(III) of Title
29 of the United States Code, as determined by the chief elected
official or the Governor under Section 3122(d)(12)(B)(i) of Title 29
of the United States Code.
(p) A description of the competitive process to be used to award
the subgrants and contracts in the local area for activities carried
out pursuant to this act.
(q) A description of the local levels of performance negotiated
with the Governor and chief elected official pursuant to Section 3141
(c) of Title 29 of the United States Code, to be used to measure the
performance of the local area and to be used by the local board for
measuring the performance of the local fiscal agent, where
appropriate, eligible providers, and the one-stop delivery system, in
the local area.
(r) A description of the actions the local board will take toward
becoming or remaining a high-performing board, consistent with the
factors developed by the board pursuant to Section 3111(d)(6) of
Title 29 of the United States Code. This federal requirement is
separate and apart from state standards pertaining to the
certification of high-performance local workforce development boards.
(s) A description of how training services will be provided in
accordance with Section 3174(c)(3)(G) of Title 29 of the United
States Code, including, if contracts for the training services will
be used, how the use of such contracts will be coordinated with the
use of individual training accounts and how the local board will
ensure informed customer choice in the selection of training programs
regardless of how the training services are to be provided.
(t) A description of the process used by the local board,
consistent with subsection (d), to provide an opportunity for public
comment, including comment by representatives of businesses and
comment by representatives of labor organizations, and input into the
development of the local plan, prior to submission of the plan.
(u) A description of how one-stop centers are implementing and
transitioning to an integrated, technology-enabled intake and case
management information system for programs carried out under this act
and programs carried out by one-stop partners.
(v) Any other information as the Governor may require.
SEC. 36. Section 14222 of the Unemployment Insurance Code is
amended to read:
14222. The To the extent permitted under
the federal Workforce Innovation and Opportunity Act, the local
board may submit a local unified plan that includes or integrates
the local workforce investment and other local workforce plans such
as:
(a) An instructional and job training plan required by Section
10200 of the Education Code.
(b) A plan for community college curriculum development or
redesign required pursuant to Section 79202 of the Education Code.
(c) A county plan for CalWORKs required by Section 10531 of the
Welfare and Institutions Code.
(d) A local welfare-to-work plan required by Section 5063, to the
extent permitted under federal law.
SEC. 37. Section 14223 of the Unemployment Insurance Code is
amended to read:
14223. The Prior to the date upon which
the local board submits a local plan, the local board shall
make available copies of a proposed local plan,
plan to the public through electronic and other means, like
public hearings and local news media, allow members of the
local board and members of the public public,
including representatives of business, representatives of labor
organizations, and representatives of education to submit
comments on the proposed local plan to the local board not later than
the end of the 30-day period beginning on the date on which the
proposed local plan is made available and submit the plan to the
Governor along with any comments that were in disagreement with the
plan.
SEC. 38. Section 14230 of the Unemployment Insurance Code is
amended to read:
14230. (a) It is the intent of the Legislature that:
(1) California deliver comprehensive workforce services to
jobseekers, students, and employers through a system of one-stop
career centers.
(2) Services and resources target high-wage industry sectors with
career advancement opportunities.
(3) Universal access to core career
services shall be available to adult residents regardless of income,
education, employment barriers, or other eligibility requirements.
Core Career services shall include, but
not be limited to:
(A) Outreach, intake, and orientation to services available
through the one-stop delivery system.
(B) Initial assessment of skill levels, aptitudes, abilities, and
supportive service needs.
(C) Job search and placement assistance.
(D) Career counseling, where appropriate.
(E) Provision of labor market information.
(F) Provision of program performance and cost information on
eligible providers of training services and local area performance
measures.
(G) Provision of information on supportive services in the local
area.
(H) Provision of information on the filing of claims for
unemployment compensation benefits and unemployment compensation
disability benefits.
(I) Assistance in establishing eligibility for welfare-to-work
activities pursuant to Section 11325.8 of the Welfare and
Institutions Code, and financial aid assistance.
(J) Comprehensive and specialized assessments of skill levels and
service needs, including learning disability screening.
(K) Development of individual employment plans.
(L) Counseling.
(M) Career planning.
(N) Short-term prevocational services to prepare an individual for
training or employment.
(4) State and federally funded workforce education, training, and
employment programs shall be integrated in the one-stop delivery
system to achieve universal access to the core
career services described in paragraph (3).
(5) Intensive services shall be available to individuals who have
completed at least one core service, have been unable to obtain
employment, and who have been determined, by the one-stop operator,
as being in need of more intensive services, or who are employed but
in need of intensive services to obtain or retain employment to
achieve self-sufficiency. Intensive services may include
comprehensive and specialized assessments of skill levels and service
needs, including learning disability screening, the development of
individual employment plans, counseling, career planning, and
short-term prevocational services to prepare an individual for
training and employment.
(6)
(5) Training services shall be made available to
individuals who have met the requirements for intensive services,
have been unable to obtain or retain employment through
these career services, and who, after
an interview, evaluation, or assessment, are determined to be in need
of training, are in need of training services to
obtain or retain employment that leads to economic self-sufficiency
or wages comparable to, or higher than, wages from previous
employment, have the skills and qualifications to successfully
participate in the training, and have selected a program of
services directly linked to occupations in demand in the local or
regional area. Training services may include:
(A) Occupational skill training including training for
nontraditional employment.
(B) On-the-job training.
(C) Programs that combine workplace training with related
instruction.
(D) Training programs operated by the private sector.
(E) Skill upgrading and retraining.
(F) Entrepreneurial training.
(G) Incumbent worker training, in accordance with Section 134(d)
(4) of the Workforce Innovation and Opportunity Act.
(H) Transitional jobs, in accordance with Section 134(d)(5) of the
Workforce Innovation and Opportunity Act.
(G)
(I) Job readiness training , provided in
combination with any service under subparagraphs (A) to (H),
inclusive .
(H)
(J) Adult education and literacy activities, including
vocational English as a second language, provided in combination with
subparagraphs (A) through (G), inclusive.
(I)
(K) Customized training conducted by an employer or a
group of employers or a labor-management training partnership with a
commitment to employ an individual upon completion of the training.
(7)
(6) As prescribed in the Workforce Investment
Act of 1998, when funds are limited, priority for intensive services
and training services shall be given to adult recipients of public
assistance and other low-income adults, such as CalWORKs participants
Innovation and Opportunity Act, adult recipients of
public assistance, other low-income adults, and
individuals who are basic skills deficient shall be given priority
for training services and career services described in Section 134(d)
(2)(A)(xii) of the Workforce Innovation and Opportunity Act .
(b) Each local workforce investment
development board shall establish at least one full service
one-stop career center in the local workforce investment
development area. Each full service one-stop
career center shall have all entities specified in Section
14231 required to be partners in Section 3151 of Title
29 of the United States Code as partners and shall provide
jobseekers with integrated employment, education, training, and job
search services. Additionally, employers will be provided with access
to comprehensive career and labor market information, job placement,
economic development information, performance and program
information on service providers, and other such services as the
businesses in the community may require.
(c) Local boards may also establish affiliated and specialized
centers, as defined in the Workforce Investment Act of 1998,
Innovation and Opportunity Act of 2014, which
shall act as portals into the larger local one-stop system, but are
not required to have all of the partners specified for full service
one-stop centers.
(d) Each local board shall develop a policy for identifying
individuals who, because of their skills or experience, should be
referred immediately to training services. This
To the extent permitted under the Workforce Innovation and
Opportunity Act of 2014, this policy, along with the methods
for referral of individuals between the one-stop operators and the
one-stop partners for appropriate services and activities, shall be
contained in the memorandum of understanding between the local board
and the one-stop partners.
(e) The California Workforce Investment
Development Board and each local board shall ensure that
programs and services funded by the Workforce Investment Act
of 1998 Innovation and Opportunity Act of 2014
and directed to apprenticeable occupations, including
preapprenticeship training, are conducted, to the maximum extent
feasible, in coordination with one or more apprenticeship programs
approved by the Division of Apprenticeship Standards for the
occupation and geographic area. The California Workforce
Investment Development Board and each local
board shall also develop a policy of fostering collaboration between
community colleges and approved apprenticeship programs in the
geographic area to provide preapprenticeship training, apprenticeship
training, and continuing education in apprenticeable occupations
through the approved apprenticeship programs.
(f) In light of California's diverse population, each one-stop
career center should have the capacity to provide the appropriate
services to the full range of languages and cultures represented in
the community served by the one-stop career center.
SEC. 39. Section 14230.5 of the Unemployment Insurance Code is
amended to read:
14230.5. For purposes of this division and any laws governing
workforce development programs provided for under the
federal American Recovery and Reinvestment Act of 2009 (Public Law
111-5), programs, and to the extent permitted under
Chapter 32 of Title 29 of the United States Code and any related
regulations, entrance into a registered apprenticeship program
shall be considered placement into a job.
SEC. 40. Section 14231 of the Unemployment Insurance Code is
amended to read:
14231. (a) The local providers of the following programs or
activities shall be required partners in the local one-stop system:
(1) Programs authorized under Title I of the Workforce
Investment Act of 1998 Innovation and Opportunity Act
.
(2) Programs authorized under the Wagner-Peyser Act (29 U.S.C.
Sec. 49 et seq.).
(3) Adult education and literacy activities authorized under Title
II of the Workforce Investment Act of 1998
Innovation and Opportunity Act .
(4) Programs authorized under Title I of the Rehabilitation Act of
1973 (29 U.S.C. Sec. 720 et seq.) other than Section 112 or
Part C of the act (29 U.S.C. 732, 741) .
(5) Programs authorized under Section 403(a)(5) of the Social
Security Act (42 U.S.C. Sec. 603(a)(5) as added by Section 5001 of
the Balanced Budget Act of 1997).
(6)
(5) Activities authorized under Title V of the Older
Americans Act of 1965 (42 U.S.C. Sec. 3056 et seq.).
(6) Career and technical education programs at the postsecondary
level authorized under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. Sec. 2301 et seq.).
(7) Postsecondary vocational education activities authorized under
the Carl D. Perkins Vocational and Applied Technology Education Act
(20 U.S.C. Sec. 2301 et seq.), including community colleges and
regional occupational centers and programs.
(8)
(7) Activities authorized under Chapter 2 of Title II
of the Trade Act of 1974 (19 U.S.C. Sec. 2271 et seq.).
(9)
(8) Activities authorized under Chapter 41 (commencing
with Section 4100) of Title 38 of the United States Code.
(10)
(9) Employment and training activities carried out
under the Community Services Block Grant Act (42 U.S.C. Sec. 9901 et
seq.).
(11)
(10) Employment and training activities carried out by
the Department of Housing and Urban Development.
(12)
(11) Programs authorized by this code, in accordance
with applicable federal law.
(13) Small business development centers, as defined in Section
15382 of the Government Code, where they exist.
(12) Programs authorized under section 212 of the Second Chance
Act of 2007 (42 U.S.C. 17532).
(13) Programs authorized under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)
(b) Community-based organizations that provide intensive services
as described in paragraph (4) of subdivision (a)
subparagraphs (J) to (N), inclusive, of paragraph (1)
of subdivision (a) of Section 14230, shall be encouraged to be
one-stop partners.
SEC. 41. Section 14232 of the Unemployment Insurance Code is
amended to read:
14232. The In conformity with the
requirements of Section 3151 of Title 29 of the United States Code,
and all applicable state and federal laws and regulations, the
local board, with the agreement of the chief local elected official
for the local area, shall develop and enter into a memorandum of
understanding with the local one-stop partners, designate or
certify designate, certify, and terminate
one-stop operators, and conduct oversight over the local one-stop
delivery system.
SEC. 42. Section 14235 of the Unemployment Insurance Code is
amended to read:
14235. To the full extent permitted by federal law, required
by federal law, or both, the Employment Development Department
shall utilize its Wagner-Peyser funded activities and programs to
support local one-stop career centers.
SEC. 43. Section 14500 of the Unemployment Insurance Code is
amended to read:
14500. Notwithstanding any other provision of law, when a person
using his or her Workforce Investment
Innovation and Opportunity Act individual training account
enrolls in an adult education program, a noncredit curricula program
at a community college, or a regional occupational center or program,
for which state funds are allocated, all of the following shall
apply:
(a) The entities administering the program may use Workforce
Investment Innovation and Opportunity
Act individual training account funds only to increase the number of
hours of services provided above their adult block entitlement
pursuant to Section 52616 of the Education Code and funding limit for
regional occupational center programs for the purpose of enhancing
services already supported with state funds. Any state funds provided
to these entities above their adult block entitlements and funding
limit for regional occupational center programs shall be subject to
an appropriation in the annual Budget Act.
(b) Any state funds allocated to the entity administering the
program shall not be offset with the Workforce Investment
Innovation and Opportunity Act individual
training account funds.
(c) The entity administering the program shall use the Workforce
Investment Innovation and Opportunity
Act individual training account funds received for the program.
SEC. 44. Section 14510 of the Unemployment Insurance Code is
amended to read:
14510. To the extent permitted by federal law, school districts
and county offices of education are eligible to apply to local
youth councils workforce development boards
to provide basic skills training and skills necessary for
attaining a secondary school diploma.
SEC. 45. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act implements a federal law or regulation and results only in
costs mandated by the federal government, within the meaning of
Section 17556 of the Government Code.
