Bill Text: CA SB410 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Workforce Investment Act: federal funding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB410 Detail]
Download: California-2009-SB410-Amended.html
Bill Title: California Workforce Investment Act: federal funding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB410 Detail]
Download: California-2009-SB410-Amended.html
BILL NUMBER: SB 410 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Ducheny
FEBRUARY 26, 2009
An act to add Section 14003.5 to amend
Sections 9600.5, 14000, and 14230 of, and to add Section 14230.7 to,
the Unemployment Insurance Code, relating to workforce
investment.
LEGISLATIVE COUNSEL'S DIGEST
SB 410, as amended, Ducheny. California Workforce Investment Act:
federal funding.
(1) The federal Workforce Investment Act of 1998 provides for
workforce investment activities, including activities in which states
may participate. Existing law contains various programs for job
training and employment investment, including work incentive and
employment training outreach programs. Existing law establishes local
workforce investment boards to implement and administer various
workforce training and development programs in the state, and
requires those local boards to establish at least one comprehensive
one-stop career center in each local workforce investment area.
Existing law further declares that it is the intent of the
Legislature to deliver comprehensive workforce services to
jobseekers, students, and employers at those comprehensive one-stop
career centers to, among other things, make job outreach, intake, job
search and placement assistance, and other related services
available in one location.
This bill would also declare that it is the intent of the
Legislature that other intensive services, such as out-of-area job
search assistance, literacy activities related to workforce
readiness, relocation assistance, internships, and work experience
programs also be provided at those one-stop career centers to
individuals who have met specified requirements, based on an
assessment or individual employment plan. The bill would also require
the one-stop career centers, given sufficient resources, to take
various actions with respect to the coordination and delivery of
supportive services, as described, to individuals who are enrolled in
job training programs, and would require local boards to develop a
policy on supportive services, as specified. By imposing new duties
on local entities, the bill would impose a state-mandated local
program.
(2) Existing law requires the Employment Development Department to
report annually to the Governor, the Legislature, and the California
Workforce Investment Board, no later than November 30, regarding the
training expenditures made by local workforce investment boards in
the prior fiscal year, as provided.
This bill would revise the above reporting requirement, as
specified.
(3) Existing law establishes the California Workforce Investment
Board (CWIB), and requires the CWIB to assist the Governor with
promoting the development, oversight, and continuous development of a
well-educated and highly skilled workforce, and development of the
State Workforce Investment Plan.
This bill would require the CWIB to develop policies, funding
recommendations, and strategies that will maximize funding across all
workforce programs for developing and enhancing the skills of
Californians in order to meet the needs of California's businesses,
as specified. The bill would require funding available through the
federal American Recovery and Reinvestment Act of 2009 to be for
increasing training services, and would require training priorities
to be consistent with those identified in that act.
(4) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
The federal Workforce Investment Act of 1998 provides for
workforce investment activities, including activities in which states
may participate. Under existing law, 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 requires the board, among
other things, to assist the Governor with promoting the development
of a well-educated and highly skilled workforce and developing the
State Workplace Investment Plan.
This bill would express legislative findings and declarations with
respect to the need to increase funding for job training provided
under the act to ensure that an adequate percentage of the federal
funding available is used for training purposes. The bill would
require that, notwithstanding any other law, not less than 40% of the
federal funds available to the state for use workforce investment
pursuant to the federal Workforce Investment Act of 1998 be used for
purposes related to employment training, and would prohibit the use
of more than 3% of that amount for administrative costs related to
the provision of that training.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) California's unemployment rate has increased dramatically in
recent months, and now stands at a rate of approximately 9.3
10.5 percent statewide. Over 30 of California's
counties have unemployment rates at or above 10 percent, and in the
last year, approximately 650,000 Californians have lost their jobs
while the total number of unemployed individuals in the state has
risen to over 1.7 million.
(b) Ensuring access to, and increasing the availability of, job
training is training, supportive services
needed for unemployed individuals to successfully enter and complete
job training programs, and work experience for youth and adults are
vital to California's economy and will help to ensure the
survival of the state's businesses and industry during challenging
times.
(c) Federal funding assistance for employment training is
critically needed to put Californians back to work.
(d) Leveraging existing resources, through collaboration among
local workforce investment boards, community colleges, adult
education programs, including adult basic education, English as a
second language programs, regional occupational programs and centers,
and other publicly funded educational institutions, in addition to
registered apprenticeship and preapprenticeship programs, is an
effective way to increase the number of Californians who have access
to job training opportunities.
SEC. 2. Section 14003.5 is added to the
Unemployment Insurance Code, to read:
14003.5. (a) Notwithstanding any other law, not less than 40
percent of the funds received by the state pursuant to the federal
Workforce Investment Act for the purposes of this division shall be
used for training purposes.
(b) Not more than 3 percent of the funds used for training
pursuant to subdivision (a) shall be used for administrative costs
related to the provision of that training.
SEC. 2. Section 9600.5 of the
Unemployment Insurance Code is amended to read:
9600.5. The director of the Employment Development Department
shall report annually to the Governor, the Legislature, and the
California Workforce Investment Board, no later than November 30,
regarding the training expenditures made by local workforce
investment boards in the prior fiscal year. This shall include
funds made available to California through the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5). 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 services provided in one-stop career centers,
such as supportive services, including coaching and
case management, that enable a participant to attend and complete
training. The annual report shall specify the total amount of federal
funding provided to the state and to each of the local workforce
investment areas boards for the adult
and dislocated persons programs and the amount within each program
expended for training services. The report shall also include
training expenditures incurred by organizations funded by the
Governor's 15 percent discretionary fund from the Workforce
Investment Act of 1998 (Public Law 105-220).
SEC. 3. 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 highly skilled workforce.
(b) The Legislature recognizes all of the following:
(1) California must transform its current job training, job
placement, and vocational education programs into an integrated,
accessible, and accountable workforce investment system that can
effectively serve job seekers, students, and employers.
(2) California's workforce investment system must provide lifelong
learning for all Californians, promote self-sufficiency, link
education and training to economic development, and prepare
California to successfully compete in the global economy.
(3) The programs described in paragraphs (1) and (2) must be
accessible to all Californians, including persons with economic,
physical, or other barriers to employment.
(c) The California Workforce Investment Board shall develop
policies, funding recommendations, and strategies that will maximize
funding across all workforce programs for developing and enhancing
the skills of Californians in order to meet the needs of California's
businesses. To do this, it shall use the following guiding
principles:
(1) Investing in regional workforce and economic development
strategies to build prosperous communities and competitive
industries.
(2) Providing all Californians with access to high-quality
postsecondary education and skills training.
(3) Providing working adults with opportunities to move up the
skill ladder.
(4) Linking workforce preparation and institutions to create
pathways to high wage jobs.
(5) Aligning program goals and measures to achieve a shared vision
of California's future and to ensure accountability.
(d) Individuals who are recently laid off from work need to
quickly access job training and develop necessary skills to reenter
the labor force. It is the intent of the Legislature that local
workforce investment boards and community colleges develop innovative
strategies to provide training that accommodates the needs of
unemployed or underemployed adults, can provide certificates and
credentials through flexible schedules, and implement new approaches
to delivering job skills training and education.
(e) Priority for funding available through the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5) shall be used for
increasing training services insofar as is consistent with that act.
This funding shall not supplant funds currently being spent on
training, nor decrease the leveraging of resources among training
institutions and workforce investment boards. Training priorities
shall be consistent with those identified in the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5), including green jobs
and health care.
SEC. 4. 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 services shall be available to adult
residents regardless of income, education, employment barriers, or
other eligibility requirements. Core 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.
(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 services described in
paragraph (3).
(5) (A) 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
(B) 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.
(C) Other intensive services such as out-of-area job search
assistance, literacy activities related to workforce readiness,
relocation assistance, internships, and work experience programs may
be made available to individuals who have met the requirements for
intensive services based on an assessment or individual employment
plan.
(D) For the purposes of this paragraph, "work experience" means a
planned, structured, learning experience that takes place in a
workplace for a limited period of time. Work experience may be paid
or unpaid, as appropriate. A work experience workplace may be in the
private for-profit sector, the nonprofit sector, or the public
sector. Labor standards shall apply in any work experience where an
employee-employer relationship, as defined by the Fair Labor
Standards Act (29 U.S.C. Sec. 201, et seq.), exists.
(6) 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 services, and who, after
an interview, evaluation, or assessment, are determined to be in need
of 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) Job readiness training.
(H) Adult education and literacy activities, including vocational
English as a second language, provided in combination with
subparagraphs (A) through (G), inclusive.
(I) Preapprenticeship and registered apprenticeship training.
For the purposes of this section, entrance into a registered
apprenticeship program shall be considered placement into a job.
(J) 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) 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.
(b) Each local workforce investment board shall establish at least
one full service one-stop career center in the local workforce
investment area. Each full service one-stop career center shall have
all entities specified in Section 14231 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, 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 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) 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. 5. Section 14230.7 is added to the
Unemployment Insurance Code , to read:
14230.7. (a) One-stop career centers, if given sufficient
resources, shall coordinate with training providers and educational
institutions and agencies to deliver comprehensive supportive
services to individuals enrolled in job training programs. Supportive
services may include, but are not limited to, transportation, child
care, dependent care, housing, and needs-related payments that are
necessary to enable a person to participate in the workforce training
and development activities authorized under this division. In order
to receive needs-related payments, adult participants shall meet all
of the following criteria:
(1) Be unemployed.
(2) Not qualify for, or have ceased qualifying for, unemployment
compensation.
(3) Be enrolled in a program of training services.
(b) Local boards shall develop a policy, in consultation with
one-stop career center partners and other community service
providers, to ensure resource and service coordination in the local
workforce area. The policy shall address procedures for the referral
of unemployed individuals to providers of supportive services and
funding options to cover the cost of providing those services.
(c) Supportive services under this section shall only be provided
to individuals who are enrolled in training services, but who are
unable to obtain those supportive services from other state programs
that offer similar services.
(d) Local boards may establish limits on the provision of
supportive services pursuant to this section, including a limit on
the maximum amount of funding and maximum length of time for
providing support services to eligible participants.
SEC. 6. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
