Article 2. Powers And Duties of California Unemployment Insurance Code >> Division 3. >> Part 1. >> Chapter 2. >> Article 2.
(a) The department shall represent the state and local
governments upon their request in dealing with the federal government
regarding the kinds and quality of job training and placement,
employability, and related programs contained in the statewide plan
described in subdivision (b), which are administered by or in the
State of California pursuant to this division.
(b) The department shall develop a statewide plan and area plans
to coordinate all programs it administers pursuant to this division
and shall present such plans annually to the Legislature. Such plans
shall include, but not be limited to, the review required in Section
Notwithstanding Section 10231.5 of the Government Code, the
director of the Employment Development Department shall report
annually to the Governor, the Legislature, and the California
Workforce Development Board, no later than November 30, regarding the
training expenditures made by local workforce development boards in
the prior fiscal year. The department shall specify what expenditures
qualify as training expenditures using the definition of training
provided for in Section 3174(c)(3)(D) of Title 29 of the United
States Code. The annual report shall specify the total amount of
federal funding provided to the state and to each of the local
workforce investment areas for the adult and dislocated persons
programs and the amount within each program expended for training
services. A report submitted pursuant to this section shall comply
with Section 9795 of the Government Code.
(a) The department shall have the authority to administer
the requirements of the federal Workforce Innovation and Opportunity
Act including, but not limited to, establishing accounting,
monitoring, auditing, and reporting procedures and criteria in order
to ensure state compliance with the objectives and requirements of
the federal Workforce Innovation and Opportunity Act.
(b) The department shall adopt, amend, or repeal any rules and
regulations as necessary to implement Division 7 (commencing with
The department may enter into any contractual agreements with
public agencies, community action agencies, private organizations
and individuals which are necessary to carry out the purposes of this
part. Priority in contracts for services to carry out the provisions
of this part shall be given to community action agencies, if the
director determines that the agency can effectively provide such
Each state or local government agency or community action
agency, or any private organization contracting with a state or local
government agency, that provides employment services, including, but
not limited to, job training, retraining, or placement, shall verify
an individual's legal status or authorization to work prior to
providing services to that individual in accordance with procedures
established under federal law. For purposes of this section, proof of
legal status or authorization to work includes, but is not limited
to, a social security card, immigration visa, birth certificate,
passport, or other valid document providing evidence of legal
residence or authorization to work in the United States. This section
shall not apply to employment services offered by school districts
under secondary school and adult education programs.
(a) Each state or local government agency or community
action agency, or any private organization contracting with a state
or local government agency, that enters into an agreement with the
department to provide employment services including, but not limited
to, job training, retraining, or placement, shall post in a prominent
location in the workplace, a notice stating that only citizens or
those persons legally authorized to work in the United States will be
permitted to use the agency's or organization's employment services
that are funded by the federal or state government.
(b) The notice shall read:
NOTICE: Attention All Job Seekers
The Immigration and Reform Control Act of 1986 (IRCA) requires
that all employers verify the identity and employment authorization
of all individuals hired after November 6, 1986. An employer is
required to examine documents provided by the job seeker establishing
identity and authorization for employment in the United States. In
addition, it is a violation of both state and federal law to
discriminate against job seekers on the basis of ancestry, race, or
national origin. This agency provides employment services funded by
the federal or state government that are available only to
individuals who are United States citizens or who are legally
authorized to work in the United States.
(a) The director shall designate economically disadvantaged
areas. These areas shall be priority areas for services provided
under this part. To the fullest extent possible, offices shall be
established within the boundaries of the disadvantaged areas
designated by the director.
(b) To the extent permitted by law, the department shall serve
eligible persons in such a way as to prevent discrimination by
serving persons whose minority group characteristics coincide to the
fullest extent possible with the minority group characteristics of
the unemployed and underemployed in the economically disadvantaged
areas of their community.
A minority shall be interpreted to include women to assure
equality of opportunity in employment in accordance with Executive
Order 11478 under the Federal Affirmative Action Program.
(c) The department shall to the extent permitted by law provide
services under this part in accordance with the following priorities:
(1) Unemployed heads of households.
(2) Underemployed heads of households.
(3) Other unemployed and underemployed persons.
(4) Veterans shall be accorded priority pursuant to federal law.
(d) For purposes of this division, women as a class shall be
deemed to constitute a minority group.
The department shall establish, in conjunction with the
Department of Social Services, the Department of Industrial
Relations, the Department of Education, and the Chancellor's office
of the California Community Colleges, a systemwide policy of actively
promoting the training of women in nontraditional occupations. For
purposes of this section, "nontraditional occupations" means any job
classification in which not more than 25 percent of the employees are
women, according to the statistics of the United States Department
This section is not intended, and shall not be construed, to
require any local agency to make any expenditures to further the
policy set forth in this section.
(a) The department shall establish necessary data systems
which shall provide administrative information on persons served
including, but not limited to, the following information:
(1) Pertinent data on the characteristics of persons served.
(2) The services provided.
(3) The results of services provided.
(b) The department shall also compile annually a report for the
state and its principal labor market areas. The report shall contain
information on the characteristics of the unemployed and analyses of
current trends and projections for population, labor force,
employment, and unemployment and shall be provided on a regular basis
to cooperative area manpower systems councils or successors.
The department shall:
(a) Conduct the state manpower program, with the exception of
manpower programs conducted by units of local general purpose
(b) Be the sole state agency to approve and coordinate publicly
funded job training and placement programs, which it administers. The
department shall approve programs only if consistent with the plans
developed under Section 9600 and other provisions of this division.
(c) Be responsible for developing program objectives for each
category of the service program it administers, establishing
cost-effective results measurement, and providing accountability for
results as related to the objectives set.
(d) Appoint an advisory committee of representatives of employers
and employer organizations to enlist the advice and support of
private industry in developing a statewide system for making jobs
available to job trainees following successful completion of job
training and placement programs.
(e) Develop controls to insure that job training and placement
programs, it administers meet existing labor market needs as viewed
by employers. The department shall study training and personnel
selection methods used successfully by private industry.
(f) Encourage placement of eligible persons in public employment
with the assistance of an advisory group representing state and local
officials and representatives of economically disadvantaged areas
appointed by the department.
(g) Evaluate the need for specific new public employment
(h) Determine the kinds and quality of job training and placement
programs, it administers necessary to provide placement in public
employment for eligible persons and develop means to realign job
tasks to develop greater employment opportunities for eligible
(i) Cooperate with the State Personnel Board and local personnel
officials in developing and upgrading employment opportunities for
and in eliminating unnecessary barriers to the placement of eligible
persons in public employment.
The State Personnel Board and other state and local agencies shall
cooperate to the maximum extent feasible to achieve the purposes of
The state manpower program shall serve the needs of employers
by providing them with referrals of qualified job applicants. In
addition the manpower program shall assist those individuals who are
ready for employment, those who are employable with some direct
assistance, and those individuals who are potentially employable.
In the administration of the state manpower program, the
director shall establish community employment development centers.
Within his administrative discretion, he shall determine the number,
location and management structure for community employment
development centers based on identified community needs. Each center
shall be responsible for identifying and meeting manpower needs
within the community and for maintaining current community labor
market information. This labor market information shall be the basis
for more realistic direction to manpower and vocational training
The director shall, within each community employment
development center, establish an intake system to appraise the
individual needs of applicants. Each community employment development
center shall provide the following services:
(a) Job referral and labor market information services to
applicants who are occupationally competitive and qualified by
training or experience in the labor market. These applicants shall be
encouraged to utilize self-help services.
(b) Employment exploration and job development services to
applicants who are employable but need some directed assistance in
planning an effective job search or coping with minor barriers to
employment. Employment exploration and job development services are
designed as follows:
(1) To prepare groups of applicants to use job referral and
information services by instructing them in job finding techniques
and how to initiate their own job search.
(2) To assist applicants directly by developing job opportunities.
(3) To provide, as necessary, usually on a one-time basis, the
(A) Contacting an employer to explain an applicant's
qualifications or limitations, such as a disability not affecting
ability to work, in relation to requirements for a particular job and
arranging an interview.
(B) A more thorough appraisal of the applicant's capabilities and
desires in relation to the job market than is required of an
applicant seeking only job referral and labor market information.
(4) To arrange for short-term supplemental services.
(c) Individual employability development and placement services to
applicants who are potentially employable but are in need of more
intensive services before becoming employable because they have
vocational barriers due to disability, lack of skills, obsolescence
of job skills, limited education, or poor work habits and attitudes.
Intensive employability services shall be provided by
case-responsible persons to applicants where case-responsible persons
(d) Through case managers or case-responsible persons, case
services to applicants to the extent funds are available. Case
services funds may be made available for services to the
disadvantaged. "Case services" means an applicant's expenses
necessary for or incident to training or employability development
and includes, but is not limited to, the following:
(1) Medical and dental treatment necessary for employability.
(2) Temporary child care.
(3) Transportation costs.
(4) Wearing apparel.
(5) Books and supplies.
(6) Tools and safety equipment.
(7) Union fees.
(8) Business license fees.
The department shall administer manpower service funds and
shall provide, in a balanced and flexible manner, needed services as
provided in this part.
The director may enter into contracts for public and private
job training and placement programs as may be required, and shall
maintain quarterly projections of manpower needs in the public and
private sector in each area.
The employees of the department shall be subject to the State
Civil Service Act, except for exempt appointees. Members of the
California Commission on Aging shall continue to be appointed by the
(a) The director shall make every effort to secure to the
fullest extent possible federal funds available for participation
under this part and shall provide that effective and comprehensive
placement and manpower information services are made available to
eligible persons, both youth and adults, who are served by the
department, using funds available to the department under Title III
and Title IX of the Social Security Act, in accordance with a plan of
service developed by the department and approved by the United
States Department of Labor as required by federal law and
(b) Under a plan of service developed by the department, funds
under Title III and Title IX used for the administration of
employment service offices and funds under the Manpower Development
and Training Act shall be used to administer programs designed to
find employment for economically displaced personnel toward the end
of meeting the following goals:
(1) Developing a broad inventory of skills of displaced workers.
(2) Establishing labor market information systems necessary to
identify the need for skills in waste disposal, power, water
reclamation, sea water conversion, communications, biomedical
techniques, air pollution control, and transportation systems.
Eligible persons who are registrants pursuant to Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code shall receive priority for
services. The department shall use up to 50 percent of the funds
available to it pursuant to Section 7(b) of the federal Wagner-Peyser
Act (29 U.S.C. Sec. 49f) to provide for job services required
pursuant to subdivision (c) of Section 11320.3 of the Welfare and
(a) The department, in coordination with the United States
Department of Defense and the various branches of the military of the
United States, shall determine which military occupational
specialties have civilian counterpart jobs that require licensure by
state or local agencies.
(b) The department shall further determine, to the degree
possible, if any procedural, financial, technological, educational,
or bureaucratic barriers exist that impede military personnel
reentering the civilian workforce from acquiring these licenses.
(c) The department shall implement this section only to the extent
federal funds are available for the costs of implementation.
(a) The department shall convene groups that represent
local department field offices, county welfare departments, local
workforce investment areas, and community colleges for the purpose of
developing a local plan on how these entities will regularly
coordinate employer outreach activities and the solicitation of
entry-level and other job listings, in order to reduce duplication of
effort and to enhance the overall job development activities. Each
local plan shall be signed by the local entities convened pursuant to
this subdivision and submitted to the department.
(b) The entities involved in formulating each local plan and the
department shall review each plan on at least an annual basis.
(a) To the extent that funds are provided in the Budget Act
of 2000 for the purposes of providing competitive grants to
faith-based organizations that are not owned or operated as
pervasively sectarian organizations, those organizations receiving
funding shall demonstrate that they are able to meet the following
six criteria in the provision of services:
(1) Establishing linkages with local workforce development service
(2) Leveraging resources through collaboration and partnerships.
(3) Establishing intermediate and long-term outcome goals, with
(4) Collecting and maintaining data that can be used for
(5) Using data to assess progress and evaluate effectiveness.
(6) Sharing information with stakeholders.
(b) The department shall provide technical assistance to
organizations as needed to enable them to meet the six criteria
specified in paragraphs (1) to (6), inclusive, of subdivision (a).
(c) The department shall collect and analyze the following
information as it relates to the organizations funded under this
(1) The number of participants who experienced job placements,
wage gains, increased job retention, increased educational
achievement, and reduced use of public assistance programs.
(2) The cost per participant.
(3) Organizations' effectiveness in serving populations with
barriers to employment who are missed by traditional service
(4) The department's success in transitioning the organizations to
longer-term funding sources.
(d) The department shall provide an interim report with regard to
the competitive grants provided under this section to the Legislature
on or before May 15, 2001, and shall provide a final report to the
Legislature on or before September 1, 2001.
(a) The department shall administer a solar training program.
The department shall coordinate with the Division of Apprenticeship
Standards and the State Contractors' License Board to ensure solar
energy product and service providers in California possess and
maintain the necessary skills, training, and certification.
(b) Elements of the training program shall include, but need not
be limited to, all of the following:
(1) The science of photovoltaics and small scale solar thermal
(2) The design of solar systems.
(3) The installation of solar systems.
(4) Permitting of solar systems.
(6) System and component certification.
(7) State and federal incentive programs.
(a) (1) To the extent that funds are appropriated for this
purpose in the annual Budget Act, the department may award grants to
regional collaboratives for the creation of regional nursing
simulation laboratories that will allow additional nursing students
to have access to clinical educational facilities. No single grant
made under this section may exceed two hundred and fifty thousand
(2) During the 2005-06 fiscal year, all grants made under this
section shall be made for the creation of regional nursing simulation
laboratories that serve rural areas.
(b) The department shall administer grants made under this
section, and shall establish procedures and criteria for the awarding
of those grants.