Bill Text: CA SB191 | 2021-2022 | Regular Session | Chaptered

California Senate Bill 191 (Prior Session Legislation)

Bill Title: Employment.

Spectrum: Committee Bill

Status: (Passed) 2022-06-30 - Chaptered by Secretary of State. Chapter 67, Statutes of 2022. [SB191 Detail]

Download: California-2021-SB191-Chaptered.html

Senate Bill No. 191

CHAPTER 67

An act to amend Sections 19819.6, 20825.12, and 20825.13 of, amend, repeal, and add Section 3556 of, and to add Section 20825.14 to, the Government Code, to amend Sections 151, 2671, 2673.1, 2675.5, 3073.1, 3073.5, 3084.5, and 3093 of, to add Section 3073.2 to, to add Article 5 (commencing with Section 3110) to Chapter 4 of Division 3 of, to add Article 6 (commencing with Section 3120) to Chapter 4 of Division 3 of, and to add Chapter 4.4 (commencing with Section 107.7) to Division 1 of, the Labor Code, and to amend Sections 322, 1030, 1032.5, 1260, 1328, 1330, 1332, 1376, 1379, 1383, 2707.2, 2707.4, 2736, 2739, 3262, 3654.4, 3655, 3656, 3701, 3751, 4655, 4656, 4701, and 4751 of, and to add and repeal Article 7 (commencing with Section 9920) of Chapter 2 of Part 1 of Division 3 of, the Unemployment Insurance Code, relating to employment, and making an appropriation therefor, to take effect immediately, bill related to the budget.

[ Approved by Governor June 30, 2022. Filed with Secretary of State June 30, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 191, Committee on Budget and Fiscal Review. Employment.

(1) Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relation. Existing law requires specified public employers to provide exclusive employee representatives access to new employee orientations, as defined. Existing law prescribes certain requirements in this regard, while providing that the structure, time, and manner of exclusive representative access be determined through mutual agreement between the employer and the exclusive representative.

This bill would, until June 31, 2025, require that an exclusive representative be entitled to schedule an inperson meeting at the worksite during employment hours, if a public employer has not conducted an inperson new employee orientation within 30 days, as specified. The bill would require that newly hired employees be relieved of other duties in order to attend the meeting, during which an exclusive representative would be authorized to communicate with newly hired employees in the applicable bargaining unit for up to 30 minutes on paid time. The bill would require employers to provide appropriate onsite meeting space within 7 calendar days of receiving a request from an exclusive bargaining representative. The bill would authorize an exclusive representative to schedule multiple meetings or schedule a meeting or meetings once the order is lifted or modified, if the state or a local public health agency issues an order limiting the size of gatherings or prohibiting gatherings, as specified. The bill would generally authorize the employer and the exclusive representative, through mutual agreement, to waive or modify these and other specified requirements.

(2) Existing law creates the Division of Labor Relations within the Department of Human Resources, the function of which is to represent the Governor in labor negotiations with representatives of recognized employee organizations, as specified. Existing law authorizes the Governor to appoint up to 10 labor relations officers who are exempt from the civil service.

This bill would increase the number of labor relations officers that the Governor is authorized to appoint to 12. The bill would prohibit the additional 2 appointments from resulting in an increase in the authorized expenditures of the department.

(3) The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS) for the purpose of providing pension and benefits to state employees and their beneficiaries and prescribes the rights and duties of employers participating in the system. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees’ Retirement Fund, a continuously appropriated trust fund administered by the system’s board of administration. PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the state’s contribution in the budget and quarterly appropriations to the Public Employees’ Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution.

Existing law makes additional supplemental General Fund appropriations to the Public Employees’ Retirement Fund for the 2020–21 and 2021–22 fiscal years. Supplemental payments connected with appropriations for the 2020–21 and 2021–22 fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance, and to specified state employee member categories, including to the state miscellaneous member category, the industrial member category, the state safety member category, and the state peace officer/firefighter member category.

The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until the 2029–30 fiscal year, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans.

This bill would appropriate $2,925,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2022. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees’ Retirement Fund to be apportioned to specified state employee member categories, not to exceed $1,333,958,000 to the state miscellaneous member category, $81,612,000 to the state industrial member category, $171,392,000 to the state safety member category, and $1,338,038,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 2022–23 fiscal year.

This bill would additionally correct erroneous cross-references in existing supplemental retirement appropriation provisions.

(4) Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency. Existing law provides that one of the functions of the department is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law, the Shelley-Maloney Apprentice Labor Standards Act of 1939, authorizes a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer to administer an apprenticeship program, as prescribed. Existing law requires the department to conduct an annual survey of the ethnic derivation of the individuals who are parties to apprentice agreements pursuant to that provision.

This bill would require the annual survey to additionally include the gender of the individuals who are parties to those apprentice agreements.

This bill would, upon appropriation by the Legislature, require the department to establish a Women in Construction Priority Unit, to be overseen by the Director of Industrial Relations, to coordinate and help ensure collaboration across the department’s divisions, and maximize state and federal funding to support women and nonbinary individuals in the construction workforce. The bill would set forth the duties of the unit and would require the director, upon appropriation by the Legislature, to assist with the establishment of the unit by convening, by July 1, 2023, an advisory committee with specified representatives to make recommendations to advance the unit’s objectives.

(5) Existing law, regulates employment and supervision.

Existing law makes a garment manufacturer, contractor, or brand guarantor, as defined, who contracts with another person for the performance of garment manufacturing operations jointly and severally liable with a manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor for, among other things, the full amount of unpaid wages, and any other compensation, including interest, due to an employee who performed manufacturing operations, as specified. Existing law also makes a garment manufacturer or contractor liable for the full amount of damages and penalties, including interest, due to an employee for a violation of those provisions. Existing law authorizes an employee to enforce these provisions solely by filing a specified claim with the Labor Commissioner, and requires the Labor Commissioner to follow a specified procedure with respect to the claim.

Under this bill, damages would include liquidated damages in an amount equal to the wages unlawfully withheld and liquidated damages in an amount equal to the unpaid overtime compensation due, as specified, and would extend that liability to damages and penalties due to violations of the Labor Code. The bill would refine the definition of “brand guarantor” to mean a person contracting for the performance of garment manufacturing, regardless of whether the person with whom they contract performs the manufacturing operations or hires contractors or subcontractors to perform the manufacturing operations. The bill would make related clarifying changes.

Existing law requires the Labor Commissioner to deposit a specified amount of the registration fees from every person engaged in the business of garment manufacturing registered with the commissioner into a separate account disbursed only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any manufacturer, brand guarantor, or contractor. Existing law requires that any disbursed funds subsequently recovered by the Labor Commissioner, as specified, be returned to the separate account.

The bill would correct an erroneous cross-reference contained in the provisions relating to returning funds to the separate account.

(6) Existing law establishes within the Department of Industrial Relations the Division of Apprenticeship Standards to administer and enforce laws relating to apprenticeships, including evaluating and approving apprenticeship programs. Existing law requires the division to evaluate apprenticeship and preapprenticeship programs to ensure, among other things, the program evaluated is complying with apprenticeship standards, and to take specified actions to correct deficiencies.

This bill would require the division to also evaluate the program to ensure funds received were properly obtained and are being appropriately expended. The bill would authorize the division to initiate a deregistration process to withdraw state approval if the program has willfully violated the laws, regulations, or orders governing apprenticeship programs, among other things, and to suspend registration of new apprenticeship agreements in accordance with specified notice and procedural requirements.

Existing law authorizes the division to investigate and determine whether an evaluation of the program is necessary if the division finds evidence that information provided by a building and construction trades or firefighter apprenticeship program has been purposefully misstated, and requires the division to report its findings to the California Apprenticeship Council.

This bill would also authorize the division to investigate and determine whether deregistration is necessary, and would authorize the division to investigate and determine whether evaluation or deregistration is necessary for programs other than building and construction trades or firefighter apprenticeship programs. The bill would require the division to report its findings for programs other than building and construction trades and firefighting programs to the Interagency Advisory Committee on Apprenticeship. The bill would make certain provisions requiring the division to schedule an evaluation upon making specified determinations applicable to other apprenticeship programs instead of only building and construction trades or firefighting apprenticeship programs.

This bill would authorize the division to fund apprenticeship and preapprenticeship programs through grants, reimbursements, or appropriate funding mechanisms other than contracts for any purpose consistent with the provisions regulating apprenticeships, would exclude the grants from specified public contracting requirements, would authorize the division to enter into contracts or interagency agreements, and would authorize the division to apply for, receive, and use federal funding for the administration of its functions, as specified.

This bill would require the Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship to each separately annually report through the Director of Industrial Relations to the Legislature and the public on their activities, as specified.

Existing law authorizes the division to obtain an injunction in any case in which a person willfully violates any of the laws, regulations, or orders governing apprenticeship programs.

This bill would require the division to be awarded reasonable attorney’s fees and costs in seeking an injunction, and would also authorize the division to obtain an injunction in any case in which a person willfully violated requirements for funding provided to apprenticeship programs and associated entities.

This bill would establish the Apprenticeship Innovation Funding Program, which would be operative and implemented only upon appropriation of funds by the Legislature. The bill would require the division to administer the program, which would provide grants, reimbursements, or other funding for the support of an apprenticeship program or training of apprentices. The bill would authorize an apprenticeship program or eligible entity, as specified, to submit an application to the division to request funds in a manner specified by the division, and would identify specified entities that have registered apprentices with the division as “eligible entities,” including public educational institutions, labor organizations, and industry associations, among others. The bill would authorize the division, upon application of an apprenticeship program or eligible entity, to provide support funds to organize, run, and sustain an apprenticeship program in an amount determined by the division and would specify factors to be considered by the division in determining the amount. The bill would specify eligible activities for using support funds, including employer outreach, support, onboarding, and management, among others. The bill would authorize the division to provide training funds either directly to public educational institutions for the training of apprenticeships or to apprenticeship programs that meet specified criteria, and would specify eligible activities for using training funds, including development of courses and classroom instruction, among others. The bill would make other technical and nonsubstantive changes.

This bill would establish the Youth Apprenticeship Grant Program, which would become operative and implemented only upon appropriation of funds from the Legislature. The bill would require the division to administer the program, which would provide grants for the purpose of providing funding for existing apprenticeship and preapprenticeship programs or to develop new apprenticeship and preapprenticeship programs to serve the target population and satisfy the goals and objectives of the grant program, as specified. The bill would authorize the grant funds to be used for eligible purposes, as specified. The bill would require grant proposals to include, among other things, the knowledge, experience, and capacity to provide services to the target population, as defined, and the industries and career pathways targeted. The bill would require the program to collect, analyze, and report specified program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics. The bill would require the division to monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. The bill would require the Chief of the Division of Apprenticeship Standards to convene a committee to develop recommendations, of specified topics, to the division on the expansion of youth apprenticeships in California.

(7) Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including job creation activities, computation of benefits, and determination of contribution rates and collection of contributions for benefits. Existing law requires the department to serve various notices, including a notice of determination of eligibility for benefits, personally or by mail.

This bill would, instead, authorize the department to serve notices personally, electronically, by mail, or in any other manner the department elects. The bill would specify that service is deemed completed on the date on which the notice is sent, mailed, or emailed, unless a notice is personally served, in which case service is deemed completed on the date on which the notice is delivered. The bill would make conforming changes.

(8) This bill would establish the Displaced Oil and Gas Worker Pilot Program, to be administered by the Employment Development Department, for the purpose of addressing employment dislocations associated with oil, glass, and related industries. The bill would require the department, using funds to be appropriated by the Legislature for purposes of the program, to award grants on a competitive basis to qualified applicants, including public and private nonprofit organizations and local workforce development areas, among other entities, for specified eligible activities, including labor market information, career exploration activities, and high school diploma and GED acquisition. The bill would require the department to develop criteria for the selection of grant recipients, including an organization’s experience in providing services, consistent with the objectives of the program, to the target population. The bill would establish criteria for the evaluation of grant recipients, including the ability of individuals to transition into or be integrated into the broader workforce and education system. The bill would require a grant recipient to provide necessary information to the department for purposes of monitoring program performance measures and to participate in grant technical assistance and evaluation, as specified. The bill would set forth related findings and declarations of the Legislature. The bill would repeal the bill’s provisions on July 1, 2027.

(9) Existing law authorizes the Employment Development Department to exchange information with other governmental departments and agencies that are concerned with the administration of unemployment insurance, and with other departments or agencies of government as necessary for the administration of provisions relating to unemployment and disability compensation, as specified.

This bill would, instead, provide that the department is authorized to exchange information with federal, state, or local governmental departments and agencies that are concerned with the administration of unemployment or disability insurance, and with other federal, state, or local departments or agencies of government as necessary for the administration of provisions relating to unemployment and disability compensation, as specified.

(10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 3556 of the Government Code is amended to read:

3556.

(a) Each public employer described in subdivision (a) of Section 3555.5 shall provide the exclusive representative mandatory access to its new employee orientations. The exclusive representative shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The structure, time, and manner of exclusive representative access shall be determined through mutual agreement between the employer and the exclusive representative, subject to the requirements of Section 3557, and the agreement may expressly waive or modify requirements set forth in this section. The date, time, and place of the orientation shall not be disclosed to anyone other than the employees, the exclusive representative, or a vendor that is contracted to provide a service for purposes of the orientation.

(b) If the public employer has not conducted an inperson new employee orientation within 30 days of a newly hired employee’s start date, and the new employee is working in person, the exclusive representative shall be entitled to schedule an inperson meeting at the worksite during employment hours, during which newly hired employees shall have the opportunity to attend and shall be relieved of other duties for the purpose of attending the meeting. During this meeting, the exclusive representative shall be permitted to communicate directly with newly hired employees in the applicable bargaining unit for up to 30 minutes on paid time. Employers shall provide appropriate on-site meeting space within seven calendar days of receiving a request from the exclusive representative. This section does not prohibit an employer from agreeing with an exclusive representative to provide more than 30 minutes of paid time for communicating with newly hired employees pursuant to this section.

(c) If the state or a local public health agency issues an order limiting the size of gatherings, the exclusive representative may schedule multiple meetings to ensure that newly hired employees have the opportunity to attend without exceeding the maximum allowable number of people. If such an order prohibits all gatherings, the exclusive representative may schedule a meeting or meetings once the order is lifted or modified to permit gatherings. Alternative access pursuant to these provisions shall be determined through mutual agreement between the employer and the exclusive representative.

(d) This section shall remain in effect only until June 30, 2025, and as of that date is repealed.

SEC. 2.

Section 3556 is added to the Government Code, to read:

3556.

(b) This section shall become operative June 30, 2025.

SEC. 3.

Section 19819.6 of the Government Code is amended to read:

19819.6.

The Governor shall appoint a deputy director from a list of nominees submitted by the director. This deputy director shall be in addition to the deputy director appointed pursuant to Section 19815.3.

The Governor may also appoint civil service exempt labor relations officers. The total number of exempt positions in the department responsible for labor relations shall not exceed 12. Appointments to these exempt positions in excess of 10 shall not result in an increase in the authorized expenditures of the Department of Human Resources.

SEC. 4.

Section 20825.12 of the Government Code is amended to read:

20825.12.

(a) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates two hundred forty-three million dollars ($243,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution, to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2020. The appropriation shall be consistent with the requirements of this section and the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b).

(b) The appropriation made in subdivision (a) shall be apportioned to the patrol member category and shall be applied to the state patrol member category’s unfunded liabilities that are in excess of base amounts for the 2020–21 fiscal year.

SEC. 5.

Section 20825.13 of the Government Code is amended to read:

20825.13.

(a) (1) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates one billion eight hundred eighty-one million dollars ($1,881,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2021. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b).

(2) The supplemental appropriation to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts:

(A) Eight hundred sixty-five million seventeen thousand dollars ($865,017,000) to the state miscellaneous member category.

(B) Fifty million four hundred ninety-nine thousand dollars ($50,499,000) to the state industrial member category.

(C) One hundred twelve million three hundred forty-six thousand dollars ($112,346,000) to the state safety member category.

(D) Eight hundred fifty three million one hundred thirty-eight thousand dollars ($853,138,000) to the state peace officer/firefighter member category.

(b) The appropriation made pursuant to paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 2021–22 fiscal year.

SEC. 6.

Section 20825.14 is added to the Government Code, to read:

20825.14.

(a) (1) In addition to the appropriation required pursuant to Section 20814, the Legislature hereby appropriates two billion nine hundred twenty-five million dollars ($2,925,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the state’s appropriation to the Public Employees’ Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2022. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b).

(2) The supplemental payment to the Public Employees’ Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts:

(A) One billion three hundred thirty-three million nine hundred fifty-eight thousand dollars ($1,333,958,000) to the state miscellaneous member category.

(B) Eighty-one million six hundred twelve thousand dollars ($81,612,000) to the state industrial member category.

(C) One hundred seventy-one million three hundred ninety-two thousand dollars ($171,392,000) to the state safety member category.

(D) One billion three hundred thirty-eight million thirty-eight thousand dollars ($1,338,038,000) to the state peace officer/firefighter member category.

(b) The appropriation made in paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 2022-23 fiscal year.

SEC. 7.

Chapter 4.4 (commencing with Section 107.7) is added to Division 1 of the Labor Code, to read:

CHAPTER 4.4. Women in Construction Priority Unit

107.7.

For purposes of this chapter, all of the following definitions shall apply:

(a) “Department” means the Department of Industrial Relations.

(b) “Director” means the Director of Industrial Relations.

107.7.1.

(a) Upon appropriation by the Legislature, the department shall establish a Women in Construction Priority Unit, overseen by the director, to coordinate and help ensure collaboration across the department’s divisions, and maximize state and federal funding to support women and nonbinary individuals in the construction workforce.

(b) (1) Upon appropriation by the Legislature, to assist with the establishment of the unit, the director shall, by July 1, 2023, convene an advisory committee to make recommendations to advance the unit’s objectives.

(2) The advisory committee shall be composed of representatives from recognized or certified collective bargaining agents who represent construction workers, construction industry employers or employer associations, labor-management groups in the construction industry, nonprofit organizations that represent women in the construction industry, and other related subject matter experts. The advisory committee shall also include representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Department of Fair Employment and Housing.

107.7.2.

The unit shall do all of the following:

(a) Assist and provide resources to women and nonbinary individuals, including, but not limited to, apprentices and journeypersons in the construction industry, including developing materials for employers and unions to promote the recruitment and retention of women and nonbinary individuals in construction, maintaining an internet website listing workers’ rights, developing training materials specific to women and nonbinary individuals to navigate health and safety and wage and hour laws, and leadership training to increase the upward mobility of women and nonbinary individuals in construction careers.

(b) Provide resources for employers and project owners, including public agencies, to improve construction worksite culture, address barriers to employment, develop training and materials for workforce pipeline professionals specific to women and nonbinary individuals in construction, and interagency training.

(c) Upon request by a state agency and approval by the Secretary of Labor and Workforce Development, establish interagency agreements that shall include the requirements in subdivisions (a) and (b) to promote the recruitment and retention of women and nonbinary individuals in construction.

SEC. 8.

Section 151 of the Labor Code is amended to read:

151.

(a) The department shall conduct an annual survey of the ethnic derivation and gender of the individuals who are parties to apprentice agreements described in Section 3077. In conducting this survey, the division shall use any pertinent data which the federal government may provide to avoid duplication of effort.

(b) The Division of Apprenticeship Standards shall cooperate in the accomplishment of the survey required by this section. The occasion of this survey may be used to gather additional current data as may be of benefit to apprenticeship programs.

(d) This section shall not be construed to authorize a state agency to require an employer to employ a specified percentage of individuals of any particular ethnic derivation or gender irrespective of those individuals’ qualifications for employment.

SEC. 9.

Section 2671 of the Labor Code is amended to read:

2671.

As used in this part:

(a) “Person” means any individual, partnership, corporation, limited liability company, or association, and includes, but is not limited to, employers, manufacturers, jobbers, wholesalers, contractors, subcontractors, and any other person or entity engaged in the business of garment manufacturing.

“Person” does not include any person who manufactures garments by oneself, without the assistance of a contractor, employee, or others; any person who engages solely in that part of the business engaged solely in cleaning, alteration, or tailoring; any person who engages in the activities herein regulated as an employee with wages as their sole compensation; or any person as provided by regulation.

(b) “Garment manufacturer” or “manufacturer” means any person who is engaged in garment manufacturing who is not a contractor.

(c) “Garment manufacturing” means sewing, cutting, making, processing, repairing, finishing, assembling, dyeing, altering a garment’s design, causing another person to alter a garment’s design, affixing a label to a garment, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for sale or resale by any person or any persons contracting to have those operations performed and other operations and practices in the apparel industry as may be identified in regulations of the Department of Industrial Relations consistent with the purposes of this part. The Labor Commissioner shall adopt, and may from time to time amend, regulations to clarify and refine this definition to be consistent with current and future industry practices, but the regulations shall not limit the scope of garment manufacturing, as defined in this subdivision. The definition in this subdivision is declaratory of existing law.

(d) “Brand guarantor” means any person contracting for the performance of garment manufacturing, regardless of whether the person with whom they contract performs the manufacturing operations or hires contractors or subcontractors to perform the manufacturing operations, which include sewing, cutting, making, processing, repairing, finishing, assembling, dyeing, altering a garment’s design, causing another person to alter a garment’s design, affixing a label on a garment, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for sale or resale and other operations and practices in the apparel industry as may be identified in regulations of the Department of Industrial Relations consistent with the purposes of this part. Contracts for the performance of garment manufacturing include licensing of a brand or name. The Labor Commissioner, may adopt, and may from time to time amend, regulations to clarify and refine this definition to be consistent with current and future industry practices; however, the regulations shall not limit the scope of garment manufacturing, as defined in this section.

(e) “Commissioner” means the Labor Commissioner.

(f) “Contractor” means any person who, with the assistance of employees or others, is engaged in garment manufacturing by primarily engaging in sewing, cutting, making, processing, repairing, finishing, assembling, dyeing, altering a garment’s design, causing another person to alter a garment’s design, affixing a label on a garment, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for another person, including, but not limited to, another contractor, garment manufacturer, or brand guarantor. “Contractor” includes a subcontractor that is primarily engaged in those operations. The Labor Commissioner may adopt, and may from time to time amend, regulations to clarify and refine this definition to be consistent with current and future industry practices; however, the regulations shall not limit the scope of garment manufacturing, as defined in this section. The definition in this subdivision is declaratory of existing law.

SEC. 10.

Section 2673.1 of the Labor Code is amended to read:

2673.1.

(a) (1) To ensure that employees are paid for all hours worked, a garment manufacturer, contractor, or brand guarantor who contracts with another person for the performance of garment manufacturing operations, shall be jointly and severally liable with any manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor, for all of the following:

(A) The full amount of unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest, due to any and all employees who performed the manufacturing operations for any violation of this code.

(B) The employee’s reasonable attorney’s fees and costs pursuant to subdivision (e).

(2) Nothing in this section shall prevent or prohibit two or more parties, who are held jointly and severally liable under this section after a final judgment is rendered by the court, from establishing, exercising, or enforcing, by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of the other.

(3) Nothing in this section shall prevent, prohibit, or limit the liability of garment manufacturers or contractors for damages and penalties owed to an employee due to violations of this section.

(b) In addition to the liability imposed pursuant to subdivision (a), garment manufacturers and contractors shall be liable for the full amount of damages and penalties, including interest, due to any and all employees, for a violation of this code. Damages shall include liquidated damages in an amount equal to the wages unlawfully withheld, as set forth in Section 1194.2, and liquidated damages in an amount equal to unpaid overtime compensation due. If two or more persons are performing work at the same worksite, during the same payroll period, the liability of each person shall be limited to their proportionate share, as determined by the Labor Commissioner, pursuant to paragraph (3) or (4) of subdivision (d).

(c) Employees may enforce this section solely by filing a claim with the Labor Commissioner against the contractor, the garment manufacturer, and the brand guarantor, if known, to recover unpaid wages and associated penalties. Garment manufacturers and brand guarantors whose identity or existence is unknown at the time the claim is filed may be added to the claim pursuant to paragraph (2) of subdivision (d).

(d) Claims filed with the Labor Commissioner pursuant to subdivision (c) shall be subject to the following procedure:

(1) Within 10 business days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall give written notice to the employee, the contractor, and the identified manufacturer and brand guarantors of the nature of the claim and the date of the meet-and-confer conference on the claim. Within 10 business days of receiving the claim, the Labor Commissioner shall issue a subpoena duces tecum requiring the contractor and any identified manufacturer and brand guarantor to submit to the Labor Commissioner those books and records as may be necessary to investigate the claim and determine the identity of any potential manufacturers and brand guarantors for the payment of the wage claim, including, but not limited to, invoices for work performed by any and all persons during the period included in the claim. Compliance with a request for books and records, within 10 days of the mailing of the notice, shall be a condition of continued registration pursuant to Section 2675. At the request of any party, the Labor Commissioner shall provide to that party copies of all books and records received by the Labor Commissioner in conducting its investigation.

(2) Within 30 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall send a notice of the claim and of the meet-and-confer conference to any other person who may be a manufacturer or brand guarantor with respect to the claim.

(3) Within 60 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall hold a meet-and-confer conference with the employee, the contractor, and all identified manufacturers and brand guarantors to attempt to resolve the claim. Prior to the meet-and-confer conference, the Labor Commissioner shall conduct and complete an investigation of the claim, shall make an assessment of the amount of wages, damages, penalties, expenses, and other compensation owed, and shall conduct an investigation and determine liability pursuant to subdivisions (a) and (b). At that same time, the Labor Commissioner shall also investigate and determine the proportionate liability pursuant to subdivision (b). The investigation shall include, but not be limited to, interviewing the employee and their witnesses and making an assessment of the amounts due, if any, to the employee. If an employee provides the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). An employee’s claim of hours worked, and wages, damages, penalties, expenses, and other compensation due, including the claim of liability of a brand guarantor or garment manufacturer upon provision by the employee of labels or other credible information about work performed for any person, shall be presumed valid and shall be the Labor Commissioner’s assessment, unless the brand guarantor, garment manufacturer, or contractor provides specific, compelling, and reliable written evidence to the contrary. That evidence from the brand guarantor, garment manufacturer, or contractor shall include accurate, complete, and contemporaneous records pursuant to Sections 226, 1174, and 2673, and the industrial commission wage order, including, but not limited to, itemized wage deduction statements, bona fide complete and accurate payroll records, evidence of the precise hours worked by the employee for each pay period during the period of the claim, and evidence, including a purchase order or invoice identifying the person or persons for whom garment manufacturing operations were performed. In the absence of the provision of that evidence, or the failure to timely respond to a subpoena pursuant to paragraph (1), a written declaration from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of validity of the worker’s claim and liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded.

The Labor Commissioner shall present their assessment of the amount of wages, and each contractor’s or each garment manufacturer’s proportionate shares of damages and penalties, owed to the parties at the meet-and-confer conference and shall make a demand for payment of the amount of the assessment. If no resolution is reached, the Labor Commissioner shall, at the meet-and-confer conference, set the matter for hearing pursuant to paragraph (4).

(4) The hearing shall commence within 30 days of, and shall be completed within 45 days of, the date of the meet-and-confer conference. The hearing may be bifurcated, addressing first the question of wages and other compensation owed, as well as liability of the garment manufacturers, brand guarantors, and contractors, and, immediately thereafter, the proportionate responsibility of the damages and penalties for which each contractor or garment manufacturer is liable, pursuant to subdivision (c). The Labor Commissioner shall present their findings and assessments at the hearing. Any party may present evidence at the hearing to support or rebut the proposed findings and assessments. If an employee has provided the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or provides other information or testimony that the Labor Commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer, for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). A written declaration or testimony from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. Except as provided in this paragraph, the hearing shall be held in accordance with the procedure set forth in subdivisions (b) to (h), inclusive, of Section 98. It is the intent of the Legislature that these hearings be conducted in an informal setting preserving the rights of the parties.

(5) Within 15 days of the completion of the hearing, the Labor Commissioner shall issue an order, decision, or award with respect to the claim and shall file the order, decision, or award in accordance with Section 98.1.

(e) If either the contractor, garment manufacturer, or brand guarantor refuses to pay the assessment, and the employee prevails at the hearing, the party that refuses to pay shall pay the employee’s reasonable attorney’s fees and costs. If the employee rejects the assessment of the Labor Commissioner and prevails at the hearing, the contractor shall pay the employee’s reasonable attorney’s fees and costs. The garment manufacturer and brand guarantor shall be jointly and severally liable with the contractor for the attorney’s fees and costs awarded to an employee.

(f) Any party shall have the right to judicial review of the order, decision, or award of the Labor Commissioner made pursuant to paragraph (5) of subdivision (d) as provided in Section 98.2. As a condition precedent to filing an appeal, the contractor, garment manufacturer, or brand guarantor, whichever appeals, shall post a bond with the Labor Commissioner in an amount equal to one and one-half times the amount of the award. No bond shall be required of an employee filing an appeal pursuant to Section 98.2. At the employee’s request, the Labor Commissioner shall represent the employee in the judicial review as provided in Section 98.4.

(g) If the contractor, garment manufacturer, or brand guarantor appeals the order, decision, or award of the Labor Commissioner and the employee prevails on appeal, the court shall order the contractor, garment manufacturer, or brand guarantor, as the case may be, to pay the reasonable attorney’s fees and costs of the employee incurred in pursuing their claim. If the employee appeals the order, decision, or award of the Labor Commissioner and the contractor, garment manufacturer, or brand guarantor prevails on appeal, the court may order the employee to pay the reasonable attorney’s fees and costs of the contractor, garment manufacturer, or brand guarantor only if the court determines that the employee acted in bad faith in bringing the claim.

(h) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provision of state or federal law. If a finding and assessment is not issued as specified and within the time limits in paragraph (3) of subdivision (d), the employee may bring a civil action for the recovery of unpaid wages pursuant to any other rights and remedies under any other provision of the laws of this state unless, prior to the employee bringing the civil action, the garment manufacturer or brand guarantor files a petition for writ of mandate within 10 days of the date the assessment should have been issued. If findings and assessments are not made, or a hearing is not commenced or an order, decision, or award is not issued within the time limits specified in paragraphs (4) and (5) of subdivision (d), any party may file a petition for writ of mandate to compel the Labor Commissioner to issue findings and assessments, commence the hearing, or issue the order, decision, or award. All time requirements specified in this section shall be mandatory and shall be enforceable by a writ of mandate.

(i) The Labor Commissioner may enforce the joint and several liability of a garment manufacturer or brand guarantor described in this section in the same manner as a proceeding against the contractor. The Labor Commissioner may, with or without a complaint being filed by an employee, conduct an investigation as to whether all the employees of persons engaged in garment manufacturing are being paid all minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, and penalties due and, with or without the consent of the employees affected, commence a civil action to enforce joint and several liability described in this section. Prior to commencing such a civil action and pursuant to rules of practice and procedure adopted by the Labor Commissioner, the commissioner shall provide notice of the investigation to the garment manufacturer or brand guarantor and the employee, issue findings and an assessment of the amount of wages due, hold a meet-and-confer conference with the parties to attempt to resolve the matter, and provide for a hearing.

(j) Except as expressly provided in this section, this section shall not be deemed to create any new right to bring a civil action of any kind for unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, penalties, attorney’s fees, or costs against a brand guarantor, garment manufacturer, or contractor.

(k) The payment of the wages provided in this section shall not be used as a basis for finding that the brand guarantor or registered garment manufacturer making the payment is a joint employer, coemployer, or single employer of any employees of a contractor that is also a registered garment manufacturer.

(l) The Labor Commissioner may, in their discretion, revoke, deny, or suspend the registration under this part of any registrant that fails to pay, on a timely basis, any wages awarded pursuant to this section, after the award has become final. This subdivision is declaratory of existing law.

(m) The Labor Commissioner may also enforce this section by issuing stop orders or citations. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) to (k), inclusive, of Section 1197.1.

(n) Any statutory damages or penalties recovered or assessed in an action brought under this section shall be payable to the employee.

SEC. 11.

Section 2675.5 of the Labor Code is amended to read:

2675.5.

(a) The commissioner shall deposit seventy-five dollars ($75) of each registrant’s annual registration fee, required pursuant to paragraph (5) of subdivision (a) of Section 2675, into one separate account. Funds from the separate account shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any garment manufacturer, brand guarantor, or contractor.

(1) In making these determinations, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages and benefits, interest, and any damages or other monetary relief arising from the violation of orders of the Industrial Welfare Commission or from a violation of this code, including statutory penalties recoverable by an employee, determined to be due to a garment worker by a registered or unregistered garment business.

(2) A disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner.

(3) Any disbursed funds subsequently recovered by the Labor Commissioner, pursuant to an assignment of the claim to the commissioner for recovery, including recovery from a surety under a bond pursuant to Section 2675, or otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the separate account.

(b) The remainder of each registrant’s annual registration fee not deposited into the special account pursuant to subdivision (a) shall be deposited in a subaccount and applied to costs incurred by the commissioner in administering the provisions of Section 2673.1, 2675, and this section, upon appropriation by the Legislature.

SEC. 12.

Section 3073.1 of the Labor Code is amended to read:

3073.1.

(a) The division shall evaluate apprenticeship and preapprenticeship programs to ensure that the program evaluated is complying with its standards, that all on-the-job training is supervised by journeypersons, that all classroom instruction required by the apprenticeship or preapprenticeship standards is being provided, that all work processes in the standards are being covered, that graduates have completed the program’s requirements, and that any funds received under this chapter were properly obtained and are being expended appropriately. The division shall examine each apprenticeship program to determine whether apprentices are graduating from or completing the program on schedule or dropping out and to determine whether graduates of the apprenticeship program have obtained employment as journeypersons. During the evaluation, the division shall attempt to contact a statistically valid sample of apprentices who have dropped out of the program prior to completion to determine their reasons for leaving the program. Every program sponsor shall have a duty to cooperate with the division in conducting an evaluation.

(b) Evaluation reports for building and construction trade and firefighting programs shall be presented to the California Apprenticeship Council and reports concerning any other program shall be presented to the Interagency Advisory Committee on Apprenticeship. The division shall make reports public, except that the division shall not make public information that would infringe on the privacy of individuals. The division shall recommend remedial action to correct deficiencies recognized in the audit report, and the failure to follow division recommendations or to correct deficiencies within a reasonable period of time shall be grounds for withdrawing state approval of a program. In any case in which a program has willfully violated any of the laws, regulations, or orders governing apprenticeship programs, funding provided to apprenticeship programs and associated entities, applicants for apprenticeship, or apprentices registered under this chapter, the division may initiate the deregistration process to withdraw state approval of the program. Nothing shall prevent the division from conducting evaluations of programs where deficiencies have been identified or where it receives information that a program is not being operated in accordance with applicable federal and state laws and regulations or the program’s approved program standards. If a program is found to be using funds provided under this chapter for purposes other than those for which the funds were granted or is found to have obtained the funds improperly, then the program shall not be eligible to receive any future funding from the same funding program and the division may initiate the deregistration process to withdraw state approval of the program.

(c) (1) The division may suspend registrations of new apprentice agreements by providing written notice of the reasons for the suspension. The division shall provide such notice at least 10 days before the suspension is effective and shall serve the notice on the program by electronic mail, or by mail if the program does not have an electronic mail address on file.

(2) If the division does not initiate deregistration proceedings within 45 days of the effective date of the suspension, the suspension is lifted.

(3) If deregistration proceedings are pending when the notice of suspension is served, or the division initiates deregistration proceedings within 45 days of the effective date of the suspension, the suspension will remain in effect until one of the following occurs:

(A) A decision on the deregistration is final.

(B) The division provides written notice that it has dismissed deregistration proceedings.

(4) A program affected by a suspension under this section may appeal to the Administrator of Apprenticeship within 10 days of the effective date of the suspension. If the administrator does not act within 30 days of the appeal, the appeal is deemed denied.

(d) The division shall give priority in conducting evaluations to programs that have been identified as having deficiencies. The division may conduct simplified evaluations for programs with fewer than five registered participants.

(e) One year following the creation of a new program or substantial expansion of an existing program, the division shall evaluate the program for quality and conformity with the requirements of this section.

(f) If the division finds evidence that information provided to it by a apprenticeship program has been purposefully misstated, including information provided to obtain funding under this chapter, the division shall immediately investigate and determine whether an evaluation of the program or deregistration is necessary. After such investigation, the division may initiate the deregistration process to withdraw state approval of the program. The division shall report its investigatory findings for building and construction trade and firefighting programs to the California Apprenticeship Council and shall report its investigatory findings for all other programs to the Interagency Advisory Committee on Apprenticeship. The division shall make the investigatory findings available to the public, except that the division shall not make public information that would infringe upon the privacy of individuals.

(g) If the division determines that an apprenticeship program has been the subject of two or more meritorious complaints that concern the recruitment, training, or education of apprentices within a five-year period, the division shall schedule the program for an evaluation within three months of the determination.

(h) If the division determines that an apprenticeship program that has had at least two graduating classes has an annual apprentice completion rate below 50 percent of the average completion rate for the applicable occupation, the division shall schedule the program for an evaluation within three months of the determination.

SEC. 13.

Section 3073.2 is added to the Labor Code, to read:

3073.2.

(a) The division may fund the programs established pursuant to this chapter by means of grants, reimbursements, or other appropriate funding mechanisms rather than contracts. The grants shall not be subject to the review or approval specified in Section 10295 of the Public Contract Code. The division may provide grants, reimbursements, or funding through other appropriate funding mechanisms for any purpose consistent with this chapter, including for training of apprentices or the establishment or ongoing support of an apprenticeship program. The division may enter into contracts or interagency agreements to carry out this function.

(b) The division may apply for, receive, and use federal funding for the administration of its functions under this chapter.

SEC. 14.

Section 3073.5 of the Labor Code is amended to read:

3073.5.

The Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship shall annually report separately through the Director of Industrial Relations to the Legislature and the public on their activities. The report shall contain information including, but not limited to, analyses of the following:

(a) (1) The number of individuals, including numbers of women, minorities, foster youth, and homeless youth, registered in apprenticeship, preapprenticeship, and other programs administered pursuant to this chapter in the state for the current year and in each of the previous five years.

(2) For construction trade and firefighter apprenticeship programs, the report shall include demographic data detailing the racial, ethnic, and gender makeup of those participants for the annual reporting period.

(b) The number and percentage of participants, including numbers and percentages of women, minorities, foster youth, and homeless youth, registered in each program having five or more participants, and the percentage of those participants who have completed their programs successfully in the current year and in each of the previous five years.

(c) Remedial actions taken by the division to assist those programs having difficulty in achieving affirmative action goals or having very low completion rates.

(d) The number of disputed issues with respect to individual apprenticeship or other agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the administrator or the council on appeal.

(e) The number of apprenticeship and other program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed.

(f) The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals.

(g) The number of apprenticeship programs receiving reimbursement for related and supplemental instruction pursuant to Section 8152 or 79149.3 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the Chancellor’s Office of the California Community Colleges.

(h) The number of apprenticeship programs receiving reimbursement as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 of the Education Code or its successor section, as described in Section 79149.1 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the Chancellor’s Office of the California Community Colleges.

(i) The activities of the division in expanding youth apprenticeships and outcomes related to the Youth Apprenticeships Grant Program, including:

(1) The number of new youth apprentices registered in the current year.

(2) The number of active youth apprentices as of the end of the previous year.

(3) The number of youth apprentices and preapprentices supported by the Youth Apprenticeship Grant Program, including numbers of women, minorities, foster youth, homeless youth, and individuals in “target populations” as defined in subdivision (g) of Section 3122.

(4) The number of grant recipients and the amount of funding disbursed through the Youth Apprenticeship Grant Program pursuant to Section 3122.

(j) Any apprenticeship standards or regulations that were proposed or adopted in the previous year.

(k) For purposes of this section:

(1) “Current foster youth” means a child or nonminor dependent, as defined by Section 675(8) of Title 42 of the United States Code and subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is between the ages of 13 and 21 years, has been removed from the custody of their parent, legal guardian, or Indian custodian, pursuant to Section 361 or Section 726 of the Welfare and Institutions Code, and is under an order of foster care placement by the juvenile court.

(2) “Former foster youth” means a person between the ages of 18 and 26 years who previously met the definition of “current foster youth.” “Former foster youth” does not include a child or nonminor dependent whose placement was terminated by reunification with a parent, legal guardian, Indian custodian, appointment of a legal guardian, or adoption.

(3) “Foster youth” means current foster youth and former foster youth.

(4) “Homeless youth” means a person up to 26 years of age who meets the definition of “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code, as it read on January 1, 2021.

(5) “Youth apprentice” means an apprentice between the ages of 16 and 24 years.

(6) “Youth preapprentice” means a preapprentice between the ages of 16 and 24 years.

SEC. 15.

Section 3084.5 of the Labor Code is amended to read:

3084.5.

In any case in which a person or persons have willfully violated any of the laws, regulations, or orders governing apprenticeship programs, funding provided to apprenticeship programs and associated entities, applicants for apprenticeship, or apprentices registered under this chapter, the Division of Apprenticeship Standards may obtain in a court of competent jurisdiction, an injunction against any further violations of any such laws, regulations, or orders by such person or persons. The division shall be awarded reasonable attorney’s fees and costs in seeking an injunction.

SEC. 16.

Section 3093 of the Labor Code is amended to read:

3093.

(a) This section applies only when voluntarily requested by the parties to a collective bargaining agreement or by an employer, an employer’s association, or a union, or its representative where there is no collective bargaining agreement.

(b) This section shall not be construed to compel, regulate, interfere with, or duplicate the provisions of any established training programs that are operated under the terms of any collective bargaining agreements or unilaterally by any employer or bona fide labor union.

(c) Services contemplated under this section may be provided only when voluntarily requested and shall be denied when it is found that existing prevailing conditions in the area and industry would in any way be lowered or adversely affected.

(d) The California Apprenticeship Council and the Division of Apprenticeship Standards, in cooperation with the Department of Education, the Labor and Workforce Development Agency, and the Board of Governors of the California Community Colleges, may foster and promote on-the-job training programs other than apprenticeship as follows: (1) programs for journeypersons in the apprenticeable occupations to keep them abreast of current techniques, methods, and materials and opportunities for advancement in their industries; (2) programs in other than apprenticeable occupations for workers entering the labor market for the first time or workers entering new occupations by reason of having been displaced from former occupations by reason of economic, industrial, technological, or scientific changes or developments; (3) the programs shall be in accord with and agreed to by the parties to any applicable collective bargaining agreements and where appropriate will include joint employer-employee cooperation in the programs.

(e) The Division of Apprenticeship Standards when requested may foster and promote voluntary on-the-job training programs in accordance with this section, and assist employers, employees and other interested persons and agencies in the development and carrying out of the programs. The Division of Apprenticeship Standards shall cooperate in these functions with the Department of Education, the Labor and Workforce Development Agency, and the Board of Governors of the California Community Colleges and other governmental agencies. The Division of Apprenticeship Standards may cooperate with the Department of Corrections and Rehabilitation and the Department of the Youth Authority in the development of training programs for inmates and ex-offenders released from correctional institutions.

(f) Apprenticeship programs, where appropriate, may include related and supplemental classroom instruction offered and administered by state and local boards responsible for vocational education.

(g) The activities and services of the Division of Apprenticeship Standards in training programs under this section shall be performed without curtailing or in any way interfering with the division’s activities and services in apprenticeship.

(h) The Division of Apprenticeship Standards may contract with, and receive reimbursements from, appropriate federal, state, and other governmental agencies.

(i) The career technical education activities and services of the Department of Education, the Board of Governors of the California Community Colleges, and local public school districts shall not be abridged or abrogated through implementation of this section.

(j) “On-the-job training” as used in this section refers exclusively to training confined to the needs of a specific occupation and conducted at the jobsite for employed workers.

(k) “Journeyperson,” as used in this section, means a person who has either (1) completed an accredited apprenticeship in the person’s craft, or (2) who has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the apprenticeship standards for the craft which has workers classified as journeypersons in an apprenticeable occupation.

(l) This section shall not be construed to require prior approval, ratification, or reference of any training program to the Division of Apprenticeship Standards or the Department of Industrial Relations.

SEC. 17.

Article 5 (commencing with Section 3110) is added to Chapter 4 of Division 3 of the Labor Code, to read:

Article 5. Apprenticeship Innovation Funding Program

3110.

(a) The provisions of this article shall be operative and implemented only upon appropriation of sufficient funds by the Legislature for that purpose. This article applies only to programs that are not within the jurisdiction of the council established pursuant to Section 3070.

(b) The division shall establish and administer the Apprenticeship Innovation Funding Program to provide grants, reimbursements, or funding through other appropriate funding mechanisms to an apprenticeship program for the support of apprenticeship programs or for the training of apprentices. Grants, reimbursements, or funding from other appropriate funding mechanisms pursuant to the Apprenticeship Innovation Funding Program shall be awarded using funding appropriated by the Legislature for this purpose.

(c) An apprenticeship program or eligible entity may submit an application to the division to request funds under this article in a manner specified by the division. An “eligible entity” is an entity that has registered apprentices with the division, including, but not limited to, public educational institutions, public and private nonprofit organizations, local workforce development boards specified in Section 14200 of the Unemployment Insurance Code, labor organizations, as defined in Section 1117, private for-profit organizations, education and training providers, tribal organizations, faith-based organizations, community-based organizations, industry associations, and parties to a collective bargaining agreement.

(d) Funding provided to the entities in subdivision (c) can be passed on to whichever entity is performing eligible activities pursuant to the funding that are consistent with this article, including the eligible activities described in Sections 3111.1 and 3112.1, provided that the entities are associated with an approved apprenticeship program.

(e) Any entity receiving funding pursuant to this article is subject to evaluation by the division under Section 3073.1. If the entity is found to have violated the provisions of this chapter, those violations are deemed imputed to the associated apprenticeship program, and the division may take any appropriate action against that apprenticeship program.

(f) As used in this article, “public educational institutions” includes local educational agencies, community colleges, the University of California, and the California State University.

(g) If a program or other entity is found to be using apprenticeship innovation funding for purposes other than those for which the funds were granted or is found to have obtained the funds improperly, then the program or other entity shall not be eligible to receive any apprenticeship innovation funding and the division or entity authorized to provide funding shall cease providing funds.

(h) The division shall require that recipients of apprenticeship innovation funding demonstrate a commitment to high road principles, as described in subdivision (s) of Section 14005 of the Unemployment Insurance Code, and shall evaluate the performance of recipients based on those principles.

3111.

(a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is not within the jurisdiction of the council established pursuant to Section 3070. To be eligible for support funds, an apprenticeship program or eligible entity must submit to the division an application to request funds.

(b) For each apprentice that is actively registered with the division for each 12-month period, an apprenticeship program or eligible entity is eligible to receive support funds in an amount determined by the division. In determining the amount, the division shall aim to provide support funds to as many eligible programs as possible and shall consider the amount of available support funds, the number of approved programs not within the jurisdiction of the council established pursuant to Section 3070, and the number of apprentices registered in those programs.

(c) The eligible entity in subdivision (b) will be prorated on a monthly basis for apprentices who are actively registered for less than the 12-month period.

3111.1.

Eligible activities for support funds shall include, but are not limited to, all of the following:

(a) Employer outreach, support, onboarding, and management.

(b) Recruiting, matching, and placing individuals into apprenticeships.

(d) Retention initiatives to reduce the turnover rate of apprentices.

(e) Tracking and reporting the apprentices to the division.

(f) Troubleshooting and adjudicating stakeholders in a joint apprenticeship committee, a unilateral management apprenticeship committee, or a unilateral labor apprenticeship committee; and

(g) Project management and stakeholder management.

3112.

(a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of apprentices, provided that an apprenticeship program is providing the training pursuant to a contract with the public educational institution, or to apprenticeship programs. The funds shall be provided for each apprentice training hour at the rate described in subdivision (c).

(b) If apprentice training costs are already being reimbursed pursuant to Section 8152, 79149.1, or 79149.3 of the Education Code, then those training costs shall be ineligible for reimbursement under this section.

(c) The reimbursement rate for training reimbursed pursuant to this section shall be equivalent to the reimbursement rate established under Section 8152 and 79149.3 of the Education Code.

(d) Reimbursements may be made under this section for training provided to registered apprentices only if:

(1) The training is provided by an approved program that is not within the jurisdiction of the council established pursuant to Section 3070;

(2) The program is providing the training pursuant to a contract with a public educational institution; and

(3) An application for funding is submitted to the division.

3112.1.

Eligible activities for apprenticeship innovation funding training funds shall include, but are not limited to, all of the following:

(a) Development of courses.

(b) Classroom instruction.

(d) Instructor salaries.

(e) Curriculum design.

(f) Administration of transitioning courses to for-credit college course.

SEC. 18.

Article 6 (commencing with Section 3120) is added to Chapter 4 of Division 3 of the Labor Code, to read:

Article 6. Youth Apprenticeship

3120.

Youth apprenticeship shall be a key priority for the Division of Apprenticeship Standards. Youth apprenticeship will complement the state’s existing registered apprenticeship and preapprenticeship programs. The goals and objectives of the division in expanding youth apprenticeships shall include all of the following:

(a) Create a framework for youth apprenticeship, increase the number of apprenticeship pathways for youth, and foster coordination and alignment across career-connected learning programs.

(b) Increase the number of community colleges and local education agencies offering youth apprenticeship programs, and increase the number of youth who complete certificate and degree programs.

(d) Increase the number of youth who complete a youth apprenticeship and matriculate to employment or continued higher education.

(e) Coordinate with, complement, and enhance, existing preapprenticeship and apprenticeship programs.

3121.

(a) The Chief of the Division of Apprenticeship Standards shall convene a committee to develop recommendations to the division on the expansion of youth apprenticeships in California.

(b) The committee shall include representatives from youth, youth serving organizations, labor, employers of youth, K–12 schools, community colleges, and the public workforce system.

(1) Clear definitions of youth apprenticeship and high school apprenticeships.

(2) Guiding principles in the Youth Apprenticeship Grant Program administered by the division pursuant to Section 3122.

(3) Insights on the structure of the state’s work to expand youth apprenticeship.

(d) The committee shall provide a report to the division with a set of recommendations no later than July 1, 2024.

(e) The Chief of the Division of Apprenticeship Standards shall provide the report to the corresponding fiscal and policy committees of each house of the Legislature.

3122.

(a) The Youth Apprenticeship Grant Program is hereby established, to be administered by the division, for the purposes of awarding grant funds to eligible applicants to provide funding for existing apprenticeship and preapprenticeship programs or to develop new apprenticeship and preapprenticeship programs to serve the target population and satisfy the goals and objectives of the grant program as specified in this article. The grant program does not apply to building and construction trades programs that are within the jurisdiction of the council established pursuant to Section 3070.

(b) Under the grant program, services shall be delivered principally through collaborative, mission-driven, community-based organizations with experience in providing services to, and with relevant relationships with, targeted populations, consistent with the objectives of the grant program.

(c) The division shall consult with and seek feedback from state agencies during the planning process to ensure grant funds awarded under the program leverage and complement existing grant programs.

(d) The division shall solicit proposals and select grant recipients from eligible applicants, including local educational agencies, county offices of education, regional consortia of community college districts, local intermediaries, regional and local workforce development boards, apprenticeship program sponsors, and organizations who contract with employers, local educational agencies, community-based organizations, labor, and other workforce development stakeholders.

(e) The division shall require that grant recipients demonstrate a commitment to high road principles, as described in subdivision (r) of Section 14005 of the Unemployment Insurance Code, and shall evaluate the performance of recipients based on those principles.

(f) The division shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024.

(g) As used in this section, “target population” includes individuals from 16 to 24 years of age who are at risk of disconnection or are disconnected from the education system or employment, unhoused, in the child welfare, juvenile justice, or criminal legal systems, living in concentrated poverty, or are facing barriers to labor market participation. “Target population” includes youth who face chronic opportunity educational achievement gaps, attend schools in communities of concentrated poverty, or attend high schools with a negative school climate indicated by factors, including, but not limited to:

(1) School attendance rates.

(2) Chronic absenteeism and truancy rates.

(3) Dropout rates and low graduation rates.

(4) Proficiency scores in English language arts and mathematics.

(5) Pupil suspension and expulsion rates.

(h) The provisions of this section shall be implemented only upon appropriation of sufficient funds by the Legislature for that purpose.

3122.1.

Grant funds may be used for eligible purposes that include, but are not limited to:

(a) Instruction and training of apprentices and preapprentices.

(b) Costs related to registration, design, and setting up the apprenticeship or preapprenticeship program or curriculum.

(d) Related instruction costs.

(e) Education or training equipment, uniforms, tools, graduation fees, and union fees.

(f) Mental health services, trauma-informed care, and wraparound support services, including child or dependent care.

3122.2.

The grant proposal shall include, but is not limited to, the following information:

(a) Knowledge, experience, and capacity to provide services to the target population.

(b) Industries and career pathways targeted.

(c) Target population that will be served. “Target population” includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in subdivision (g) of Section 3122, as well as youth who are at risk of disconnection or are disconnected from the education system or employment, unhoused, in the child welfare, juvenile justice, or criminal legal systems, living in concentrated poverty, or are facing barriers to labor market participation.

(d) How project goals and objectives will be achieved.

(e) Other requirements as specified by the division.

(f) If the proposal requests funds for a firefighter apprenticeship program, the proposal shall meet the conditions specified in subdivision (b) of Section 3075.

(g) If the proposal requests funds for a firefighter preapprenticeship program, the proposal shall be approved by the California Apprenticeship Council.

3122.3.

The Youth Apprenticeship Grant Program will have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of California’s youth. To measure success towards that goal, the grant program will require:

(a) Collection, analysis, and reporting of program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics.

(b) Demographic data will be cross tabulated with labor force participation data and enrollment data among the various demographic groups named above to assess parity to the public K–12 high school, community college, and four-year university graduating cohort demographic distribution.

3122.4.

(a) The division shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the division for purposes of evaluating achievement of the goals and objectives of the grant program.

(b) Any grant recipient receiving funding pursuant to this article is subject to evaluation by the division under Section 3073.1. If the grant recipient is found to have violated the provisions of this chapter, those violations are deemed imputed to the associated apprenticeship program, and the division may take any appropriate action against that apprenticeship program.

(c) If a program, the grant recipient, or other entity is found to be using Youth Apprenticeship Grant Program funds for purposes other than those for which the funds were granted or is found to have obtained the funds improperly, then the program, grant recipient, or other entity shall not be eligible to receive any grant program funds, and the division or entity authorized to provide funding shall cease providing funds.

SEC. 19.

Section 322 of the Unemployment Insurance Code is amended to read:

322.

The department may exchange information with federal, state, or local governmental departments and agencies that are concerned with the administration of unemployment or disability insurance, or the collection of taxes that may be used to finance the administration of unemployment or disability insurance, or the relief of unemployed or destitute individuals, or legislation concerning, regulating, or in any manner affecting the obligations arising out of an employer-employee relation, and with other federal, state, or local departments or agencies of government as the department deems necessary or desirable for the proper administration of this division in accordance with authorized regulations.

SEC. 20.

Section 1030 of the Unemployment Insurance Code is amended to read:

1030.

(a) An employer that is entitled under Section 1327 to receive notice of the filing of a new or additional claim may, within 10 days after mailing of the notice, submit to the department any facts within its possession disclosing whether the claimant left the employer’s employ voluntarily and without good cause or left under one of the following circumstances:

(1) The claimant was discharged from the employment for misconduct connected with their work.

(2) The claimant’s discharge or quitting from their most recent employer was the result of an irresistible compulsion to use or consume intoxicants, including alcoholic beverages.

(3) The claimant was a student employed on a temporary basis and whose employment began within, and ended with their leaving to return to school at the close of, their vacation period.

(4) The claimant left the employer’s employ to accompany their spouse or domestic partner to a place or to join their spouse at a place from which it is impractical to commute to the employment, and to which a transfer of the claimant by the employer is not available.

(5) The claimant left the employer’s employ to protect their family or themselves from domestic violence abuse.

(6) The claimant left the employer’s employ to take a substantially better job.

The period during which the employer may submit these facts may be extended by the director for good cause.

(b) A base period employer that is not entitled under Section 1327 to receive notice of the filing of a new or additional claim and is entitled under Section 1329 to receive notice of computation may, within 15 days after mailing of the notice of computation, submit to the department any facts within its possession disclosing whether the claimant left the employer’s employ voluntarily and without good cause or left under one of the following circumstances:

(1) The claimant was discharged from the employment for misconduct connected with their work.

(2) The claimant was a student employed on a temporary basis and whose employment began within, and ended with their leaving to return to school at the close of, their vacation period.

(3) The claimant left the employer’s employ to accompany their spouse or domestic partner to a place or join their spouse at a place from which it is impractical to commute to the employment, and to which a transfer of the claimant by the employer is not available.

(4) The claimant left the employer’s employ to protect their family or themselves from domestic violence abuse.

(5) The claimant left the employer’s employ to take a substantially better job.

The period during which the employer may submit these facts may be extended by the director for good cause.

(c) The department shall consider these facts together with any information in its possession. If the employer is entitled to a ruling under subdivision (b) or to a determination under Section 1328, the department shall promptly notify the employer of its ruling as to the cause of the termination of the claimant’s employment. The employer may appeal from a ruling or reconsidered ruling to an administrative law judge within 30 days after service of notice of the ruling or reconsidered ruling. The 30-day period may be extended for good cause, which includes, but is not limited to, mistake, inadvertence, surprise, or excusable neglect. The director is an interested party to an appeal. The department may for good cause reconsider a ruling or reconsidered ruling within either five days after the date an appeal to an administrative law judge is filed or, if an appeal is not filed, within 30 days after service of notice of the ruling or reconsidered ruling. However, a ruling or reconsidered ruling that relates to a determination that is reconsidered pursuant to subdivision (a) of Section 1332 may also be reconsidered by the department within the time provided for reconsideration of that determination.

(d) For purposes of this section only, if the claimant voluntarily leaves the employer’s employ without notification to the employer of the reasons for the leaving, and if the employer submits all of the facts within its possession concerning the leaving within the applicable time period referred to in this section, the leaving is presumed to be without good cause.

(e) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party shall not be deemed to have voluntarily left their employment without good cause.

(f) For purposes of this section, “spouse” includes a person to whom marriage is imminent, and “domestic partner” includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent.

(g) This section shall become operative on July 1, 2015.

SEC. 21.

Section 1032.5 of the Unemployment Insurance Code is amended to read:

1032.5.

(a) Any base period employer may, within 15 days after mailing of a notice of computation under subdivision (a) of Section 1329, submit to the department facts within its possession disclosing that the individual claiming benefits is rendering services for that employer in less than full-time work, and that the individual has continuously, commencing in or prior to the beginning of the base period, rendered services for that employer in such less than full-time work.

(b) The department shall consider facts submitted under subdivision (a) of this section together with any information in its possession and promptly notify the employer of its ruling. If the department finds that an individual is, under Section 1252, unemployed in any week on the basis of the individual having less than full-time work, and that the employer submitting facts under this section is a base period employer for whom the individual has continuously, commencing in or prior to the beginning of the base period, rendered services in such less than full-time work, that employer’s account shall not be charged, except as provided by Section 1026 or if the department determines pursuant to Section 1026.1 that the employer’s reserve account should not be credited, for benefits paid the individual in any week in which such wages are payable by that employer to the individual. The employer may appeal from a ruling or reconsidered ruling to an administrative law judge within 30 days after service of notice of the ruling or reconsidered ruling. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to any appeal. The department may for good cause reconsider any ruling or reconsidered ruling within either five days after an appeal to an administrative law judge is filed or, if no appeal is filed, within 30 days after service of the notice of the ruling or reconsidered ruling.

SEC. 22.

Section 1260 of the Unemployment Insurance Code is amended to read:

1260.

(a) An individual disqualified under Section 1256, under a determination transmitted to the individual by the department, is ineligible to receive unemployment compensation benefits for the week in which the act that causes the disqualification occurs and continuing until they have, subsequent to the act that causes disqualification and their registration for work, performed service in bona fide employment for which remuneration is received equal to or in excess of five times their weekly benefit amount.

(b) An individual disqualified under subdivision (b) of Section 1257, under a determination transmitted to the individual by the department, is ineligible to receive unemployment compensation benefits for not less than 2 and no more than 10 consecutive weeks beginning with:

(1) The week in which the cause of the disqualification occurs, if the individual registers for work in that week.

(2) The week subsequent to the occurrence of the cause of the individual’s disqualification in which they first register for work, if they do not register for work in the week in which the cause of their disqualification occurs.

(c) An individual disqualified under subdivision (a) of Section 1257, under a determination transmitted to the individual by the department, and who was not paid any benefit amount as a result of their false statement or representation, is ineligible to receive unemployment compensation benefits for two weeks commencing with the week in which the determination is served upon them, or any subsequent week, for which they are first otherwise in all respects eligible for unemployment compensation benefits and for not more than 13 subsequent weeks for which they are otherwise in all respects eligible for unemployment compensation benefits. No disqualification under this subdivision shall be applied to any week if all or any portion of the week is beyond the three-year period next succeeding the date of the service of the determination. This subdivision shall not apply to an individual convicted under Section 2101.

(d) An individual disqualified under subdivision (a) of Section 1257, under a determination transmitted to the individual by the department, and who was paid any benefit amount as a result of their false statement or representation, is ineligible to receive unemployment compensation benefits for five weeks commencing with the week in which the determination is served upon them, or any subsequent week, for which they are first otherwise in all respects eligible for unemployment compensation benefits and for not more than 10 subsequent weeks for which they are otherwise in all respects eligible for unemployment compensation benefits. No disqualification under this subdivision shall be applied to any week if all or any portion of the week is beyond the three-year period next succeeding the date of the service of the determination. This subdivision shall not apply to an individual convicted under Section 2101.

(e) Notwithstanding subdivision (c) or (d), an individual who is subject to a disqualification that is imposed under subdivision (b) of Section 1257 may, if they are otherwise in all respects eligible for unemployment compensation benefits, concurrently serve a disqualification imposed under subdivision (a) of Section 1257.

(f) Prior to disqualifying an individual pursuant to subdivision (a) of Section 1257 and subjecting that individual to the period of ineligibility described in subdivision (c) or (d), the department shall do all of the following:

(1) Provide notice to the individual of the proposed determination. This notice may be combined with other notices from the department, which may include, but are not limited to, notifications of potential overpayments and of eligibility interviews.

(A) The notice shall state the eligibility provision related to the false statement or misrepresentation on which the department is determining whether to disqualify the individual pursuant to subdivision (a) of Section 1257.

(B) The notice shall state the individual’s right to respond to the notice pursuant to paragraph (2).

(2) Provide the individual with a period of not less than 10 days, or 3 days for individuals who opt into electronic communications, to respond by telephone or in writing to the proposed determination of ineligibility pursuant to subdivision (a) of Section 1257 by explaining any alleged false or withheld facts, statements, or representations.

(3) After an individual has responded to the allegations or after 10 or 3 days, as applicable, if the individual fails to respond, the department may issue a final notice of determination to an individual. That notice shall contain all of the following:

(A) The number of weeks for which the individual is ineligible for benefits pursuant to subdivision (c) or (d).

(B) The eligibility provision related to the false statement or misrepresentation that serves as the basis for the department’s disqualification of the individual pursuant to subdivision (a) of Section 1257.

(4) The individual may appeal the determination to an administrative law judge within 30 days from service of the notice of determination. The 30-day period may be extended by the administrative law judge for good cause, including, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to any appeal.

(5) The department shall implement this subdivision upon completing any necessary technical changes to fulfill the requirements of this subdivision or by September 1, 2022, whichever is earlier.

SEC. 23.

Section 1328 of the Unemployment Insurance Code is amended to read:

1328.

(a) The department shall consider the facts submitted by an employer pursuant to Section 1327 and make a determination as to the claimant’s eligibility for benefits. The department shall promptly notify the claimant and any employer who before the determination has submitted facts or given notice pursuant to Section 1327 or this section and authorized regulations of the determination or reconsidered determination and the reasons therefor. If, after notice of a determination or reconsidered determination, the employing unit acquires knowledge of facts that may affect the eligibility of the claimant and those facts could not reasonably have been known within the 10-day period provided by Section 1327, the employing unit shall within 10 days of acquiring that knowledge submit those facts to the department, and the 10-day period may be extended for good cause. The claimant and the employer may appeal from a determination or reconsidered determination to an administrative law judge within 30 days from service of notice of the determination or reconsidered determination. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to any appeal.

(b) This section shall become operative on July 1, 2015.

SEC. 24.

Section 1330 of the Unemployment Insurance Code is amended to read:

1330.

(a) The claimant and any base period employer to whom a notice of computation or recomputation is given may, within 30 days after the service of the notice, protest the accuracy of the computation or recomputation. The 30-day period may be extended for good cause. The department shall consider this protest and shall promptly notify the claimant and the base period employer submitting the protest of the recomputation or denial of recomputation. An appeal may be taken from a notice of denial of recomputation in the manner prescribed in Section 1328. The director shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

SEC. 25.

Section 1332 of the Unemployment Insurance Code is amended to read:

1332.

(a) The department shall promptly serve notice of any determination of eligibility for benefits under this part or Part 3 (commencing with Section 3501) or Part 4 (commencing with Section 4001) of this division on the claimant and on any employer or employing unit which prior to this determination has furnished the department with information regarding the claimant’s eligibility pursuant to Sections 1327 and 1331. Service may be made personally, electronically, by mail, or in any other manner the department elects. Unless a notice is personally served, service shall be deemed completed on the date on which the notice is sent, mailed, or emailed. If a notice is personally served, service shall be deemed completed on the date on which the notice is delivered. Failure to serve this notice shall not affect the determination of eligibility.

(1) “Notice” is that notification which apprises the party of a determination of eligibility and allows that party to respond accordingly.

(2) If the department is or should be aware that the notice was not received by the party to whom it was addressed, including, but not limited to, the return to the department of the notice by the United States Post Office, the department shall reissue the notice at such time as the department can determine a corrected mailing address for the affected party or otherwise ensure receipt. The affected party shall have appeal rights pursuant to subdivisions (b) and (c), and pursuant to Section 1328.

(b) The department may for good cause reconsider any determination within 15 days after an appeal to an administrative law judge is filed. If no appeal is filed, the department may for good cause reconsider any determination within 30 days after service of the notice of determination. The department may, if a claimant has not filed an appeal to an administrative law judge from any determination that finds that a claimant is ineligible or disqualified, or if an appeal has been filed but is either withdrawn or dismissed, for good cause also reconsider the determination during the benefit year or extended duration period or extended benefit period to which the determination relates. The department shall give notice of any reconsidered determination to the claimant and any employer or employing unit that received notice under Sections 1328 and 1331 and the claimant or employer may appeal therefrom in the manner prescribed in Section 1328.

The director shall designate individuals to review and reconsider appealed determinations. No individual designated shall be the same individual who made the initial determination in the same matter.

(c) The department may for good cause reconsider any computation or recomputation provided for in this article during the benefit year or extended duration period to which the notice of computation or recomputation relates, except that no recomputation may be considered with respect to any issue considered or under consideration in an appeal taken from a denial of recomputation. The department shall promptly notify the claimant and each of the claimant’s base period employers of the recomputation. The claimant and any base period employer may protest the accuracy of the recomputation as prescribed in Section 1330.

(d) This section shall become operative on July 1, 2015.

SEC. 26.

Section 1376 of the Unemployment Insurance Code is amended to read:

1376.

The Director of Employment Development shall determine the amount of the overpayment and any assessment authorized under Section 1375.1 and shall notify the liable person of the basis of the overpayment determination. In the absence of fraud, misrepresentation, or willful nondisclosure, notice of the overpayment determination shall be served within the latest of the following periods:

(a) Not later than one year after the close of the benefit year in which the overpayment was made.

(b) Not later than six months after the date a backpay award was made.

SEC. 27.

Section 1379 of the Unemployment Insurance Code is amended to read:

1379.

The director, subject to this article, may do any or all of the following in the recovery of overpayments of unemployment compensation benefits:

(a) File a civil action against the liable person for the recovery of the amount of the overpayment within one year after any of the following, or, in cases where the individual has been overpaid benefits due to fraud, misrepresentation, or nondisclosure as described in Section 1375.1, or where the director has found an overpayment pursuant to Section 1375.7, within three years of any of the following:

(1) The service of the notice of overpayment determination if the person affected does not file an appeal to an administrative law judge.

(2) The mailing of the decision of the administrative law judge if the person affected does not initiate a further appeal to the appeals board.

(3) The date of the decision of the appeals board.

(b) Initiate proceedings for a summary judgment against the liable person. However, this subdivision applies only where the director has found, pursuant to Section 1375, that the overpayment may not be waived because it was due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient or where the director has found an overpayment pursuant to Section 1375.7. The director may, not later than three years after the overpayment became final, file with the clerk of the proper court in the county from which the overpayment of benefits was paid or in the county in which the claimant resides, a certificate containing all of the following:

(1) The amount due, including any assessment made under Section 1375.1, plus interest from the date that the initial determination of overpayment was made pursuant to Section 1376.

(2) A statement that the director has complied with all the provisions of this article prior to the filing of the certificate.

(3) A request that judgment be entered against the liable person in the amount set forth in the certificate.

The clerk, immediately upon the filing of the certificate, shall enter a judgment for the State of California against the liable person in the amount set forth in the certificate.

For the purposes of this subdivision only, an overpayment is final and due and payable after any of the following:

(A) The liable person has not filed an appeal pursuant to Section 1377.

(B) The liable person has filed an appeal to the administrative law judge and a decision of an administrative law judge has become final.

(C) The liable person has filed an appeal to the appeals board and the decision of the appeals board has become final because the liable person has not sought judicial review within the six-month period provided by Section 410.

(d) Offset the amount of the overpayment received by the liable person against any amount of benefits to which they may become entitled under this division within six years of the date of the service of the notice of overpayment determination.

SEC. 28.

Section 1383 of the Unemployment Insurance Code is amended to read:

1383.

Notwithstanding any other provision of law to the contrary, the Franchise Tax Board shall aid the department in the recovery of overpayments of unemployment compensation benefits pursuant to Section 1379 for up to six years after the date of the service of the notice of overpayment determination.

SEC. 29.

Section 2707.2 of the Unemployment Insurance Code is amended to read:

2707.2.

(a) The department shall consider the facts submitted by the employer pursuant to Section 2707.1 and make a determination as to the eligibility of the claimant for benefits. The department shall promptly notify the claimant of the determination and the reasons therefor. The claimant may appeal therefrom to an administrative law judge within 30 days from service of the notice of determination. The 30-day period may be extended for good cause. The director shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

SEC. 30.

Section 2707.4 of the Unemployment Insurance Code is amended to read:

2707.4.

(a) The claimant may, within 30 days after the service of the notice of computation or recomputation, protest the accuracy of the computation or recomputation. The 30-day period may be extended for good cause. The department shall consider any such protest and shall promptly notify the claimant of the recomputation or denial of recomputation. The claimant may appeal from a notice of denial of recomputation in the manner prescribed in Section 2707.2. The director shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

SEC. 31.

Section 2736 of the Unemployment Insurance Code is amended to read:

2736.

The Director of Employment Development shall determine the amount of the overpayment and shall notify the recipient of the basis of the overpayment determination. In the absence of fraud, misrepresentation or willful nondisclosure, notice of the overpayment determination shall be served on the recipient within two years after the beginning of the disability benefit period for which the overpayment was made.

SEC. 32.

Section 2739 of the Unemployment Insurance Code is amended to read:

2739.

The Director of Employment Development, subject to this article, may do any or all of the following in the recovery of overpayments of disability benefits:

(a) File a civil action against the liable person for the recovery of the amount of the overpayment within one year after any of the following, or, in cases where the individual has been overpaid benefits due to fraud, misrepresentation, or nondisclosure as described in Section 2735.1, within three years of any of the following:

(1) The service of the notice of overpayment determination if the person affected does not file an appeal to an administrative law judge.

(2) The mailing of the decision of the administrative law judge if the person affected does not initiate a further appeal to the appeals board.

(3) The date of the decision of the appeals board.

(b) Initiate proceedings for a summary judgment against the liable person. However, this subdivision applies only where the director has found, pursuant to Section 2735, that the overpayment shall not be waived because it was due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient. The director may, not later than three years after the overpayment became final, file with the clerk of the proper court in the county in which the claimant resides, a certificate containing all of the following:

(1) The amount due, including the assessment made under Section 2735.1, plus interest from the date that the initial determination of overpayment was made pursuant to Section 2735.

(2) A statement that the director has complied with all of the provisions of this article prior to the filing of the certificate.

(3) A request that judgment be entered against the liable person in the amount set forth in the certificate.

The clerk, immediately upon filing of the certificate, shall enter a judgment for the State of California against the liable person in the amount set forth in the certificate.

For purposes of this subdivision only, an overpayment is final and due and payable after one of the following:

(A) The liable person has not filed an appeal pursuant to Section 2737.

(B) The liable person has filed an appeal to an administrative law judge and a decision of the administrative law judge upholding the overpayment has become final.

(C) The liable person has filed an appeal to the appeals board and the decision of the appeals board upholding the overpayment has become final because the liable person has not sought judicial review within the six-month period provided by Section 410.

(d) Offset the amount of the overpayment received by the liable person against any amount of disability benefits to which they may become entitled under this division within six years of the date of service of the notice of overpayment determination.

SEC. 33.

Section 3262 of the Unemployment Insurance Code is amended to read:

3262.

(a) The Director of Employment Development may terminate any voluntary plan if the director finds that there is danger that the benefits accrued or to accrue will not be paid, that the security for the payment is insufficient, or for other good cause shown. The Director of Employment Development shall give notice of their intention to terminate a plan to the employer, employee group, and insurer. The notice shall state the effective date and the reason for the withdrawal. The Director of Employment Development may change or stay the effective date of the termination.

(b) Notwithstanding Section 3260.5, on the effective date of the termination of a plan by the Director of Employment Development, all moneys in the plan, including moneys paid by the employer, moneys paid by the employee, moneys owed to the voluntary plan by the employer but not yet paid to the plan, and any interest accrued on all these moneys, shall be remitted to the department and deposited into the Disability Fund.

(c) If an employer fails to remit all moneys owed to the Disability Fund after termination of the plan, the Director of Employment Development shall make an assessment against the employer equal to the amount of the moneys owed. The Director of Employment Development shall also make an assessment against the employer for all benefits paid from the Disability Fund after the termination of the plan, less any moneys received from the employer after the termination of the plan.

(d) The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1, with respect to the assessment of moneys, and the provisions of Chapter 7 (commencing with Section 1701) of Part 1, with respect to the collection of moneys owed, shall apply to assessments authorized under this section, except that interest may not accrue until 30 days after issuance of the notice of assessment.

(e) The employer, employee group or insurer may, within 10 days from service of the notice, appeal to the Appeals Board. The 10-day period may be extended for good cause. The Appeals Board may prescribe by regulation the time, manner, method and procedure through which it may determine appeals under this section.

(f) The payment of benefits from the Disability Fund and the transfer of moneys in the voluntary plan may not be delayed during an employer’s appeal of the termination of a voluntary plan.

SEC. 34.

Section 3654.4 of the Unemployment Insurance Code is amended to read:

3654.4.

(a) The department shall consider the facts submitted by an employing unit pursuant to Section 3654.1 and make a determination as to the exhaustee’s eligibility for extended duration benefits under subdivision (e) of Section 3552. The department shall promptly notify the exhaustee and any employing unit who prior to the determination has submitted any facts pursuant to Section 3654.1 of the determination and the reasons therefor. The exhaustee and the employing unit may appeal therefrom to an administrative law judge within 30 days from service of notice of the determination. The 30-day period may be extended for good cause. The director shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

SEC. 35.

Section 3655 of the Unemployment Insurance Code is amended to read:

3655.

(a) The Employment Development Department shall consider the facts submitted by an employer pursuant to Section 3654 and, if benefits are claimed subsequent to the filing of the extended duration benefits claim, make a determination as to the exhaustee’s eligibility for the extended duration benefits. The Employment Development Department shall promptly notify the exhaustee and any employer who prior to the determination has submitted any facts pursuant to Section 3654 of the determination and the reasons therefor. The exhaustee and the employer may appeal therefrom to an administrative law judge within 30 days from service of notice of the determination. The 30-day period may be extended for good cause. The Director of Employment Development shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

SEC. 36.

Section 3656 of the Unemployment Insurance Code is amended to read:

3656.

(a) Upon the filing of a valid primary claim by an exhaustee, the department shall promptly make an extended duration award computation that shall set forth the maximum amount of extended duration benefits potentially payable during the extended duration period, the weekly benefit amount, and the expiration date of the extended duration period. The department shall promptly notify the exhaustee of the computation. The exhaustee may, within 30 days after the service of the notice of computation, protest its accuracy. The 30-day period may be extended for good cause. The department shall consider the protest and shall promptly notify the exhaustee of the recomputation or denial of recomputation. An appeal may be taken from a notice of denial of recomputation in the manner prescribed in Section 3655. The director shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

SEC. 37.

Section 3701 of the Unemployment Insurance Code is amended to read:

3701.

(a) (1) An employer that is entitled under Section 3654 to notice of the filing of a primary claim or additional claim and that, within 10 days after mailing of the notice, submits to the department any facts within its possession disclosing whether the exhaustee left the most recent employment with the employer voluntarily and without good cause or was discharged from the employment for misconduct connected with their work, or whether the claimant was a student employed on a temporary basis and whose employment began within, and ended with their leaving to return to school at the close of, their vacation period, or whether the claimant left the employer’s employ to accompany their spouse or domestic partner to a place or join their spouse at a place from which it is impractical to commute to the employment, and to which a transfer of the claimant by the employer is not available, or whether the claimant’s discharge or quit from their most recent employer was the result of an irresistible compulsion to use or consume intoxicants, including alcoholic beverages, or whether the claimant left the employer’s employ to protect their family or themselves from domestic violence abuse, or whether the claimant left the employer’s employ to take a substantially better job, shall be entitled to a ruling as prescribed by this section. The period during which the employer may submit these facts may be extended by the director for good cause.

(2) For purposes of this section, “spouse” includes a person to whom marriage is imminent, and “domestic partner” includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent.

(b) The department shall consider these facts together with any information in its possession. If the employer is entitled to a determination pursuant to Section 3655, the department shall promptly notify the employer of its ruling as to the cause of the termination of the exhaustee’s most recent employment. The employer may appeal from a ruling or reconsidered ruling to an administrative law judge within 30 days after service of notice of the ruling or reconsidered ruling. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to an appeal. The department may for good cause reconsider a ruling or reconsidered ruling within either five days after the date an appeal to an administrative law judge is filed or, if an appeal is not filed, within 30 days after service of notice of the ruling or reconsidered ruling, except that a ruling or reconsidered ruling that related to a determination that is reconsidered pursuant to subdivision (a) of Section 1332 may also be reconsidered by the department within the time provided for reconsideration of that determination.

(c) For purposes of this section only, if the claimant voluntarily leaves the employer’s employ without notification to the employer of the reasons therefor, and if the employer submits all of the facts within its possession concerning the leaving within the applicable time period referred to in this section, the leaving shall be presumed to be without good cause.

(d) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party shall not be deemed to have voluntarily left their employment without good cause.

(e) Rulings under this section shall have the effect prescribed by Section 1032.

(f) This section shall become operative on July 1, 2015.

SEC. 38.

Section 3751 of the Unemployment Insurance Code is amended to read:

3751.

The provisions of Article 4 (commencing with Section 1375) of Chapter 5 of Part 1 of this division are modified in the following respects:

(a) In the absence of fraud, misrepresentation, or willful nondisclosure, the notice of overpayment of extended duration benefits shall be served by the Employment Development Department not later than one year after the close of the extended duration period in which the overpayment was made.

(b) The Director of Employment Development may offset an overpayment of extended duration benefits, or federal-state extended benefits, or unemployment compensation benefits against any of such three types of benefits or against disability benefits to which the liable person may become entitled under this division. The Director of Employment Development may offset the amount of any such overpayments within any of the periods prescribed by subdivision (b) of Section 1379, and further within the current extended duration period or current extended benefit period established under Part 4 (commencing with Section 4001) of this division or any extended benefit period or any extended duration period which begins during the three-year period next succeeding the date of the service of such notice of overpayment.

SEC. 39.

Section 4655 of the Unemployment Insurance Code is amended to read:

4655.

(a) The Employment Development Department shall consider the facts submitted by an employer pursuant to Section 4654 and, if benefits are claimed subsequent to the filing of the federal-state extended benefits claim, make a determination as to the individual’s eligibility for the federal-state extended benefits. The Employment Development Department shall promptly notify the individual and any employer who prior to the determination has submitted any facts pursuant to Section 4654 of the determination and the reasons therefor. The individual and this employer may appeal therefrom to an administrative law judge within 30 days from service of notice of the determination. The 30-day period may be extended for good cause. The Director of Employment Development shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

SEC. 40.

Section 4656 of the Unemployment Insurance Code is amended to read:

4656.

(a) Upon the filing of a valid application by an individual, the department shall promptly make a federal-state extended benefit award computation that shall set forth the maximum amount of federal-state extended benefits potentially payable during the extended benefit period, and the weekly benefit amount. The department shall promptly notify the individual of the computation. The individual may, within 30 days after the service of the notice of computation or recomputation, protest its accuracy. The 30-day period may be extended for good cause. The department shall consider this protest and shall promptly notify the individual of the recomputation or denial of recomputation. An appeal may be taken from a notice of denial of recomputation in the manner provided in Section 4655. The director shall be an interested party to any appeal.

(b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

SEC. 41.

Section 4701 of the Unemployment Insurance Code is amended to read:

4701.

(a) (1) An employer that is entitled under Section 4654 to notice of the filing of an application or additional claim and who, within 10 days after mailing of the notice, submits to the department any facts within its possession disclosing whether the individual left the most recent employment with the employer voluntarily and without good cause or was discharged from the employment for misconduct connected with their work, or whether the claimant was a student employed on a temporary basis and whose employment began within, and ended with their leaving to return to school at the close of, their vacation period, or whether the claimant left the employer’s employ to accompany their spouse or domestic partner to a place or to join their spouse at a place from which it is impractical to commute to the employment, and to which a transfer of the claimant by the employer is not available, or whether the claimant’s discharge or quit from their most recent employer was the result of an irresistible compulsion to use or consume intoxicants, including alcoholic beverages, or whether the claimant left the employer’s employ to protect their family or themselves from domestic violence abuse, or whether the claimant left the employer’s employ to take a substantially better job, shall be entitled to a ruling as prescribed by this section. The period during which the employer may submit these facts may be extended by the director for good cause.

(b) The department shall consider the facts together with any information in its possession. If the employer is entitled to a determination pursuant to Section 4655, the department shall promptly issue to the employer its ruling as to the cause of the termination of the individual’s most recent employment. The employer may appeal from a ruling or reconsidered ruling to an administrative law judge within 30 days after service of notice of the ruling or reconsidered ruling. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to an appeal. The department may for good cause reconsider a ruling or reconsidered ruling within either five days after the date an appeal to an administrative law judge is filed or, if no appeal is filed, within 30 days after service of notice of the ruling or reconsidered ruling, except that a ruling or reconsidered ruling that relates to a determination that is reconsidered pursuant to subdivision (a) of Section 1332 may also be reconsidered by the department within the time provided for reconsideration of that determination.

(e) Rulings under this section shall have the effect prescribed by Section 1032.

(f) This section shall become operative on July 1, 2015.

SEC. 42.

Section 4751 of the Unemployment Insurance Code is amended to read:

4751.

The provisions of Article 4 (commencing with Section 1375) of Chapter 5 of Part 1 of this division are modified in the following respects:

(a) In the absence of fraud, misrepresentation, or willful nondisclosure, the notice of overpayment of federal-state extended benefits shall be served by the Employment Development Department not later than one year after the close of the extended benefit period in which the overpayment was made.

(b) The Director of Employment Development may offset an overpayment of extended duration benefits, or federal-state extended benefits, or unemployment compensation benefits against any of such three types of benefits or against disability benefits to which the liable person may become entitled under this division. The Director of Employment Development may offset the amount of any such overpayments within any of the periods prescribed by subdivision (b) of Section 1379, and further within the current extended duration period or current extended benefit period or any extended benefit period or extended duration period which begins during the three-year period next succeeding the date of the service of such notice of overpayment.

SEC. 43.

Article 7 (commencing with Section 9920) is added to Chapter 2 of Part 1 of Division 3 of the Unemployment Insurance Code, to read:

Article 7. Displaced Oil and Gas Worker Pilot Program

9920.

The Legislature finds and declares all of the following:

(a) All efforts funded under this article are intended to supplement and be aligned with the broader workforce and education system in the State of California. This act is intended to focus on innovative approaches to, and proven practices for, addressing employment dislocations associated with oil, gas, and related industries.

(b) The primary purpose of this act is to support workers on the front lines of the state’s transition to carbon neutrality and specifically workers in California’s oil, gas, and related industries, with the services they need to enter, participate in, and complete broader workforce preparation, training, and education programs aligned with regional labor market needs. Those who complete these programs should have the skills and competencies necessary to successfully enter the labor market and earn wages that lead to self-sufficiency, and eventually, economic mobility and security.

(c) Populations eligible to be served by grants include, but are not limited to, workers on the front lines of the state’s transition to carbon neutrality and specifically workers in California’s oil and gas industry who are transitioning or dislocated.

9921.

(a) There is hereby established the Displaced Oil and Gas Worker Pilot Program, to be administered by the department, for the purpose of addressing employment dislocations associated with oil, gas, and related industries.

(b) For purposes of this article:

(1) “Department” means the Employment Development Department.

(2) “Program” means the Displaced Oil and Gas Worker Pilot Program.

(3) “Qualified applicant” means a public or private nonprofit organization, local workforce development area, education and training provider, tribal organization, faith-based organization, or community-based organization. “Qualified applicant” does not include an individual applicant.

(4) “Target population” means individuals who are transitioning or have been displaced from the oil, gas, and related industries.

9922.

(a) The department shall award grants to qualified applicants on a competitive basis using funds to be appropriated by the Legislature for purposes of the program.

(b) The department shall accept grant applications from qualified applicants. The grant application shall identify a lead applicant who shall be deemed the fiscal agent responsible for reporting and monitoring.

(c) The department shall develop criteria for the selection of grant recipients that include, but are not limited to, all of the following:

(1) Demonstrated experience working to ensure populations who have been dislocated from the labor market have access to quality jobs in their regions, with an emphasis on those transitioning or displaced from the oil, gas, and related industries.

(2) Capacity to provide services to target populations and provide evidence of this capacity.

(3) Experience in providing services, consistent with the objectives of the program, to the target population.

(4) Support from partner entities includes, but is not limited to, local workforce development areas, education and training providers, tribal organizations, employers and faith-based organizations, business-based, labor-based organizations, including labor-management partnerships and labor-community partnerships, cultural-based organizations, and services-based organizations.

(5) The specific purpose and goals of the grant award, the roles and responsibilities of the lead applicant and partner entities, a discussion of how funds will be used and success will be measured, the number of individuals who will be served, and the services to be provided to these individuals. Documentation shall be included to demonstrate that each partner entity has agreed to the activities in the grant proposal.

(6) A description of how the grant proposal is designed to complement the work of, and integrate the individuals being served with, the broader workforce, education, and employment system within the proposed service area, and evidence that the proposal incorporates innovative strategies or proven practices for service delivery that will create pipelines to quality jobs, including temporary job creation, and income security for workers with an emphasis on career pathway programs aligned with regional labor market needs.

(d) Funding awarded for training shall meet the requirements of high road as defined in subdivisions (r) and (s) of Section 14005.

9923.

(a) Grant recipients shall be evaluated using the following criteria:

(1) Ability to provide the services proposed in the grant to the number of individuals specified in the grant as evidenced by, among other things, whether the grantee has previously completed the same or similar services as proposed.

(2) Ability of individuals to successfully complete relevant programming funded under the grant as demonstrated by relevant measures directly related to the purpose of the program.

(3) Ability of individuals to transition or be integrated into the broader workforce and education system, as evidenced by employment and enrollment in relevant programs.

(b) The department shall procure a technical assistance and evaluation contractor to convene communities of practice to identify and help replicate evidence-based practices and to help facilitate an assessment and evaluation of grant performance and program success.

(d) A grant recipient shall provide all necessary information to the department for purposes of monitoring program performance measures. Program performance shall be based on, but not limited to, the following workforce measures:

(1) Training completion.

(2) Credential attainment.

(3) Median earnings and employment of participants after they have exited the program.

9924.

Eligible activities for the program and grant funds shall include, but are not limited to, all of the following:

(a) Labor market information.

(b) Career exploration activities.

(d) Skills and vocational training that aligns with regional labor market needs.

(e) Work-based learning, transitional jobs, internships, on-the-job training, work experience, preapprenticeship, and apprenticeships.

(f) Stipends for trainees.

(g) Mentoring.

(h) Other remedial education and work readiness skills.

(i) Supportive services.

(j) Entrepreneurial training and support for small business development.

(k) Activities undertaken pursuant to subdivision (d) of Section 9923.

9925.

This article shall remain in effect only until July 1, 2027, and as of that date is repealed.

SEC. 44.

This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

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Bill Text: CA SB191 | 2021-2022 | Regular Session | Chaptered

California Senate Bill 191 (Prior Session Legislation)

LEGISLATIVE COUNSEL'S DIGEST

Digest Key

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

3556.

SEC. 2.

3556.

SEC. 3.

19819.6.

SEC. 4.

20825.12.

SEC. 5.

20825.13.

SEC. 6.

20825.14.

SEC. 7.

CHAPTER 4.4. Women in Construction Priority Unit

107.7.

107.7.1.

107.7.2.

SEC. 8.

151.

SEC. 9.

2671.

SEC. 10.

2673.1.

SEC. 11.

2675.5.

SEC. 12.

3073.1.

SEC. 13.

3073.2.

SEC. 14.

3073.5.

SEC. 15.

3084.5.

SEC. 16.

3093.

SEC. 17.

Article 5. Apprenticeship Innovation Funding Program

3110.

3111.

3111.1.

3112.

3112.1.

SEC. 18.

Article 6. Youth Apprenticeship

3120.

3121.

3122.

3122.1.

3122.2.

3122.3.

3122.4.

SEC. 19.

322.

SEC. 20.

1030.

SEC. 21.

1032.5.

SEC. 22.

1260.

SEC. 23.

1328.

SEC. 24.

1330.

SEC. 25.

1332.

SEC. 26.

1376.

SEC. 27.

1379.

SEC. 28.

1383.

SEC. 29.

2707.2.