81R32576 PB-F

By: Ellis, et al. S.B. No. 108

Substitute the following for S.B. No. 108:

By: Strama C.S.S.B. No. 108

A BILL TO BE ENTITLED

AN ACT

relating to the establishment and funding of a green job skills training program that includes training for certain youths and young veterans.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Labor Code, is amended by adding Chapter 303A to read as follows:

CHAPTER 303A. GREEN JOB SKILLS DEVELOPMENT FUND AND TRAINING

PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 303A.001. PURPOSE. The purpose of this chapter is to:

(1) promote green industry employment opportunities, including through the establishment of training programs to enhance green job skills and create career opportunities that result in high-wage jobs;

(2) foster regional collaboration for the development of green industry employment opportunities;

(3) assist in the development of a highly skilled, high-wage, and productive workforce in the green industry; and

(4) assist workers, including youth and young veterans, with obtaining education, skills training, and labor market information to enhance their employability, earnings, and standard of living.

Sec. 303A.002. DEFINITIONS. In this chapter:

(1) "Development fund" means the Texas green job skills development fund.

(2) "Green job" means a job in the field of renewable energy or energy efficiency, including a job relating to:

(A) energy-efficient building, construction, and retrofitting;

(B) renewable energy, including biomass, hydroelectric, geothermal, and ocean energy, and wind and solar power;

(C) research and development or manufacturing of advanced battery or energy storage technologies;

(D) biofuels from non-feed food stocks;

(E) techniques to reduce, reuse, or recycle waste;

(F) techniques to recycle products and convert used materials into new products;

(G) energy efficiency assessments;

(H) manufacturing of sustainable products using sustainable processes and materials; and

(I) water conservation and water efficiency.

(3) "Recycle" means the process of extracting resources or value from waste by recovering or reusing the material, including the collection and reuse of everyday waste materials.

[Sections 303A.003-303A.020 reserved for expansion]

SUBCHAPTER B. GREEN JOB SKILLS DEVELOPMENT FUND

Sec. 303A.021. TEXAS GREEN JOB SKILLS DEVELOPMENT FUND. (a) The Texas green job skills development fund is an account in the general revenue fund. The account is composed of:

(1) legislative appropriations;

(2) gifts, grants, donations, and matching funds received under Subsection (b); and

(3) other money required by law to be deposited in the account.

(b) The commission may solicit and accept gifts, grants, and donations of money from the federal government, local governments, private corporations, or other persons to be used for the purposes of this chapter.

(c) Income from money in the account shall be credited to the account.

(d) Money in the development fund may be used only for the purposes of this chapter.

[Sections 303A.022-303A.030 reserved for expansion]

SUBCHAPTER C. GREEN JOB SKILLS GRANT PROGRAM

Sec. 303A.031. ESTABLISHMENT OF GREEN JOB SKILLS GRANT PROGRAMS. (a) The commission shall establish a green job skills grant program, funded by the development fund under Section 303A.021, through which the commission may award grants for the implementation, expansion, and operation of green job skills training programs.

(b) As part of the green jobs skills grant program, the commission shall develop a youth training program that promotes the economic self-sufficiency of youth and young veterans by providing those persons with opportunities to acquire green job skills while performing community service activities.

Sec. 303A.032. PARTICIPANT ELIGIBILITY. (a) To be eligible to participate in the youth training program developed under Section 303A.031(b), a participant must be an individual who is at least 16 years of age but not older than 24 years of age on the date of enrollment in a project and who:

(1) is not attending high school and has not received a high school diploma or high school equivalency certificate; or

(2) is:

(A) attending high school or a program leading to a high school equivalency certificate but is at risk of dropping out of high school or the equivalency certification program; and

(B) recommended for enrollment in the project by the high school or the equivalency certification program.

(b) In addition to meeting the requirements of Subsection (a), a program participant must be:

(1) an individual who is:

(A) a member of a household that receives public assistance and earns not more than 80 percent of the area median income;

(B) educationally disadvantaged, as defined by commission rule; or

(C) referred to the program by a school district, state agency, or court; or

(2) a veteran who is not older than 24 years of age on initial participation in the program.

Sec. 303A.033. GRANT PROGRAM REQUIREMENTS. (a) A training program described by Section 303A.031 funded through a grant awarded under this subchapter must:

(1) be hosted by a regional partnership that presents a plan to implement training programs that lead trainees to economic self-sufficiency and career pathways and includes at least:

(A) one university, college, technical school, or other nonprofit workforce training provider;

(B) one chamber of commerce, local workforce agency, local employer, or other public or private participating entity;

(C) one economic development authority; and

(D) one community or faith-based nonprofit organization that works with one or more targeted populations;

(2) assist an eligible individual in obtaining education, skills training, and labor market information to enhance the individual's employability in green industries; and

(3) assist in the development of a highly skilled and productive workforce in green industries.

(b) Except as provided by Section 303A.032, a training program awarded a grant under this subchapter shall target a population of eligible individuals for training that includes:

(1) workers in high-demand green industries who are in or are preparing for high-wage occupations;

(2) workers in declining industries who may be retrained for high-wage occupations in a high-demand green industry;

(3) agriculture, timber, or energy sector workers who may be retrained for high-wage occupations in a high-demand green industry;

(4) veterans or past or present members of the armed forces of the United States, including the state military forces, or a reserve component of the armed forces or the national guard;

(5) unemployed workers;

(6) low-income workers, unemployed youth and adults, individuals who did not complete high school, or other underserved sectors of the workforce in high poverty areas; or

(7) individuals otherwise determined by the commission to be disadvantaged and in need of training to obtain employment.

(c) A training program may receive funding under this chapter for a period not to exceed three years.

(d) A training program may use grant funds for support services, including basic skills, literacy, GED, English as a second language, and job readiness training, career guidance, and referral services.

(e) A percentage of the grant, to be determined by the commission, must be devoted to administrative costs, costs related to hiring instructors and purchasing equipment, and tuition assistance.

Sec. 303A.034. APPLICATION. (a) A regional partnership, as described by Section 303A.033, may apply for a grant under this subchapter in the manner prescribed by the commission.

(b) The grant application must require the applicant to provide to the commission the applicant's plan to continue to operate the training program after the grant expires.

Sec. 303A.035. ADDITIONAL CONSIDERATIONS IN AWARDING GRANTS. (a) In addition to the factors described by Sections 303A.033 and 303A.034, in determining whether to award a grant to an applicant under this subchapter, the commission shall give preference to a training program that:

(1) provides certification and a career advancement mechanism to a worker who receives green job skills training under the program; and

(2) leverages additional public and private resources to fund the program, including cash or in-kind matches.

(b) Grants shall be awarded in a manner that ensures geographic diversity.

Sec. 303A.036. RESERVATION FOR CERTAIN PROGRAMS. Twenty percent of the funds available for grant programs under this chapter must be reserved for job skills training programs that serve the unemployed and individuals whose incomes are at or below 200 percent of the federal poverty level.

Sec. 303A.037. PROJECT REQUIREMENTS; SERVICES TO PARTICIPANTS. A project for which a grant is received under the youth training program must provide to a participant integrated green job occupational skills training and education, divided between:

(A) practical, hands-on work experience at project sites; and

(B) if the participant has not received a high school diploma or high school equivalency certificate, academic and project-based instruction designed to result in the attainment of a high school diploma or high school equivalency certificate, of which at least 50 percent of the instruction is devoted to applied academic instruction.

Sec. 303A.038. TRAINING STIPEND. (a) To the extent authorized by federal law and regulations, a project for which a grant is received under the youth training program must provide a training stipend to each participant enrolled in the project. A training stipend under this section must be:

(1) in an amount determined by commission rule;

(2) provided for a period not to exceed two years; and

(3) conditioned on the demonstration by the participant of improved job performance and personal responsibility as determined by commission rule.

(b) To the extent authorized by federal law and regulations, a stipend provided under this section does not count as income or resources for purposes of determining the eligibility of the participant or the participant's household for any form of public assistance or in determining the amount of that assistance.

(c) A stipend provided under this section may include a plan for incentives under which additional compensation is provided to a participant who demonstrates excellent attendance and performance.

Sec. 303A.039. REPORTS. (a) Not later than the 30th day after the date funding for a grant under this chapter ends, the grant recipient shall submit a report to the commission that contains the following information:

(1) the number of participants who entered the program;

(2) the demographics of the participants, including race, gender, age, and significant barriers to education such as limited English proficiency, a criminal record, or a physical or mental disability;

(3) services received by participants, including training, education, and support services;

(4) the amount of program spending per participant;

(5) program completion rates;

(6) factors determined to interfere significantly with program participation or completion;

(7) the average wage at placement, including benefits, and the rate of average wage increases after one year; and

(8) any post-employment support services provided.

(b) Not later than October 1 of each even-numbered year, the commission shall submit a report to the governor, the lieutenant governor, and the speaker of the house of representatives that includes a summary of all information submitted under Subsection (a).

(c) In the report submitted under Subsection (b), the commission shall include the following information for grants awarded under the youth training program:

(1) the number of grants awarded;

(2) the total dollar amount of grants awarded;

(3) the geographical distribution of grants awarded;

(4) the number of youths and other participants enrolled in projects funded by grants;

(5) the number of youths and other participants who are projected to secure full-time jobs at the conclusion of participation in projects funded by grants;

(6) the number of youths who are projected to graduate from high school or receive a high school equivalency certificate while participating in the program; and

(7) the estimated dollar savings due to improved energy efficiency in projects funded by grants.

Sec. 303A.040. STANDARDS. The commission by rule shall adopt standards for the green job skills training program and youth training program established under this subchapter.

SECTION 2. The Texas Workforce Commission shall adopt rules for the program under Chapter 303A, Labor Code, as added by this Act, not later than March 1, 2010.

SECTION 3. (a) Subchapter B, Chapter 303A, Labor Code, as added by this Act, takes effect September 1, 2009.

(b) Except as provided by Subsection (a) of this section, the Texas Workforce Commission is required to implement the green job skills grant program under Chapter 303A, Labor Code, as added by this Act, only if:

(1) the legislature appropriates money for that purpose; or

(2) funds are received from the federal government for the implementation of the program.

SECTION 4. This Act takes effect September 1, 2009.