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SB-685 Apprenticeship Innovation Funding Program: AgTech.(2023-2024)

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Date Published: 02/16/2023 09:00 PM
SB685:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 685


Introduced by Senator Hurtado

February 16, 2023


An act to amend Section 3110 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 685, as introduced, Hurtado. Apprenticeship Innovation Funding Program: AgTech.
Existing law establishes the Apprenticeship Innovation Funding Program, to be operative and implemented only upon appropriation of funds by the Legislature. Existing law requires the Division of Apprenticeship Standards, within the Department of Industrial Relations, to administer the program to provide grants, reimbursements, or other funding for the support of an apprenticeship program or training of apprentices.
This bill, during the first 5 years of the program’s grant funding period, would require the division to prioritize at least 20% of grant funds to be dedicated to reimbursing wage loss of farmworkers transitioning to AgTech, as defined, or a related career, incurred while enrolled in a farmworker-related training program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3110 of the Labor Code is amended to read:

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) (1) 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.
(2) (A) During the first five years of administering grant funds under this program, the division shall prioritize a minimum of 20 percent of funds for farmworkers transitioning to AgTech or a related career. Those funds shall be provided only to reimburse wage loss experienced by farmworkers while enrolled in a farmworker-related training program.
(B) For purposes of this paragraph, “AgTech” means the use of technology to improve the efficiency, profitability, or sustainability of agriculture.
(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.