§ 10214.5. — 10214.5. (Amended by Stats. 2018, Ch. 216, Sec. 4.)

(a)
The panel may allocate up to 15 percent of the annually available training funds for the purpose of funding special employment training projects that improve the skills and employment security of frontline workers, as defined in subdivision (a) of Section 10200. Notwithstanding any other provision of this chapter, participants in these projects are not required to meet the eligibility criteria set forth in paragraph (1) of subdivision (a) of Section 10200 or subdivision (c) of Section 10201.
(b)
The panel shall, on an annual basis or as needed in response to a proclamation of a state of emergency issued by the Governor under the California Emergency Services Act (Chapter 7 (commencing
with Section 8550) of Division 1 of Title 2 of the Government Code), identify industries and occupations that shall be priorities for funding under this section. Training shall be targeted, but not limited, to frontline workers who earn at least the state average hourly wage.
(c)
The panel may waive the minimum wage provisions pursuant to subdivision (f) of Section 10201 for projects in regions of the state where the unemployment rate is significantly higher than the state average or regions identified in a proclamation of a state of emergency issued by the Governor under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), and also may waive the employment retentions provisions specified in subdivision (f) of Section 10209 and instead require that the trainee has been
retained in employment for a minimum of 90 days out of 120 consecutive days after the end of training with no more than three employers.
(d)
(1)
The panel may allocate funds pursuant to subdivision (a) to increase the productivity and extended employment retention of workers in the state’s major seasonal industries.
(2)
In funding special employment training projects for this purpose, the panel may do all of the following:
(A)
When the amount of the postretention wages of each trainee who has completed training exceeds the amount of wages that the trainee earned before and during training, waive the minimum wage requirements set forth in subdivision (f) of Section 10201.
(B)
Waive the employment retention requirements set forth in subdivision (f) of Section 10209 and instead require that the trainee be retained in employment for not less than 500 hours within the
12-month period following the completion of the training.
(C)
When the panel finds that the training is necessary to achieve the objectives of vocational training, waive the limitation on job-related basic and literacy skills training, including soft skills, set forth in subdivision (a) of Section 10209.
(3)
For purposes of this section, “major seasonal industries” means eligible employers who satisfy all of the following requirements:
(A)
Have a workforce comprised of at least 50 percent of workers whose
employment period is necessarily cyclical, including, but not limited to, businesses directly involved in the harvesting, packing, or processing of goods or products.
(B)
Have retained at least 50 percent of the same seasonal employees for at least one season of not less than 500 hours for the preceding 12-month period.
(C)
Pay wages and provide benefits that exceed industry averages.
(e)
The panel shall adopt minimum standards for consideration of proposals to be funded pursuant to this section.
(f)
The panel may select contracts funded under this section based on competitive bidding.
(g)
It is
the intent of the Legislature in providing the authority for these projects that the panel allocate these funds in a manner consistent with the objectives of this chapter as provided in Section 10200.

Legislative History

Amended by Stats. 2018, Ch. 216, Sec. 4. (AB 2420) Effective January 1, 2019.