SENATE, No. 2556

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MAY 14, 2018

 


 

Sponsored by:

Senator  TROY SINGLETON

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Creates Joint Apprenticeship Incentive Grant Program.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing the Joint Apprenticeship Incentive Grant Program in the Office of Customized Training, amending P.L.1992, c.48, and amending and supplementing P.L.1992, c.43.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)  The Legislature finds and declares that:

     a.     In this State and elsewhere, apprenticeship programs have proved extremely effective in producing a highly skilled and highly paid workforce in sectors, most notably the construction industry, where apprenticeship programs have been supported by significant financial resources provided by assessments agreed to through collective bargaining and administered by joint apprenticeship committees with equal representation of employers and workers through their labor organizations;

     b.    Similar success had been attained in this State’s manufacturing and other sectors with joint apprenticeship programs for occupations such as machinists, mechanics, metal fabricators and tool and die makers;

     c.     With the extensive closings and relocations of unionized industrial facilities commencing in the 1970’s and continuing to the present, joint apprenticeship programs in manufacturing and related sectors were decimated, resulting in the widely-reported shortage of skilled industrial workers able to work with advanced technology, as the workers trained in the previous period are retiring or otherwise leaving the workforce;

     d.    It is therefore an appropriate public purpose to establish a Joint Apprenticeship Incentive Grant Program to provide the resources needed to encourage employers in manufacturing and related sectors to join with labor organizations to revive the joint apprenticeship programs needed to again make this State a leader in producing the high-skill, high-productivity, high-wage workers who can provide a solid foundation for New Jersey’s future prosperity.

 

     2.    (New section) a. There is created, in the Office of Customized Training, the Joint Apprenticeship Incentive Grant Program, which shall provide grants to newly-established joint apprenticeship programs to train apprentices in advanced technology occupations, with priority given to grants for joint apprenticeship programs in the manufacturing sector.  The purpose of the grants is to provide incentives to employers to establish, on an ongoing basis, new joint apprenticeship programs for advanced technology occupations which will provide resources on the scale necessary to fill significant gaps in advanced workforce occupational skills needed for this State’s future economic success, and provide greater opportunities for a new generation of workers, including young women and minority group members, to access careers in high-skill, high-wage occupations.

     b.    To be eligible for a grant, an employer shall demonstrate that it has established a joint apprenticeship committee and has, within the 12 month period before applying for the grant, entered into, or is in the process of entering into, an agreement with a labor organization representing its employees to provide consistent funding sufficient to continue to sustain the joint apprenticeship program beyond the duration of the grant.  The grant application shall be made by the joint apprenticeship committee on a form provided by the commissioner and shall include:

     (1)   the number of anticipated apprentices;

     (2)   the duration of each apprenticeship;

     (3)   the wage rate which will be paid in each year of the apprenticeship;

     (4)   the portion of the wages to be paid from the grant in compliance with the requirements of this section;

     (5)   all other costs of the program, including costs of classroom-based training;

     (6)   all plans to promote participation by women and minority group members in apprenticeships under the grant; and

     (7)   documentation that the joint apprenticeship program meets all federal requirements to be a registered apprenticeship program and a joint apprenticeship program, and complies with all provisions of P.L.   , c.    (C.    ) (pending before the Legislature as this bill), including the requirement to enter into an agreement to provide sufficient funding to sustain the program beyond the term of the grant.

     c.     The grant shall be sufficient to reimburse the employer for an amount not less than 50 percent, or more than 75 percent, of the wage rate paid to the apprentice during the first year, and that amount shall be paid for each year of the apprenticeship, without regard to increases in the wage rate of the apprentice after the first year.  The duration of training for an apprentice assisted by the grant shall not be subject to the time limits for on-the-job training provided by section 3 of P.L.1992, c.48 (C.34:15B-37) or section 4 of P.L.1992, c.43 (C.34:15D-4), but shall not exceed five years.  In determining the percentage of an apprentice’s first year wage rate paid by the grant, the commissioner shall consider factors including:

     (1)   the duration of the apprenticeship;

     (2)   how much the wage rate increases each year of the apprenticeship;

     (3)   the strength of the plans to promote participation by women and minority group members in apprenticeships under the grant;

     (4)   the total amount of grant funds requested compared to the total amount reserved for the Joint Apprenticeship Incentive Grant Program; and

     (5)   how much the State wide demand for trained workers in the occupation of the apprenticeship exceeds the number of available trained workers.

 

     3.    (New section) During the first fiscal year after the enactment of P.L.   , c.    (C.    ) (pending before the Legislature as this bill), $1.5 million shall be reserved for the Joint Apprenticeship Incentive Grant Program from the funds deposited in the account of the Workforce Development Partnership Fund which is reserved for use by the Office of Customized Training pursuant to section 9 of P.L.1992, c.43 (C.34:15D-9); and $1.5 million shall be reserved for the Joint Apprenticeship Incentive Grant Program from available federal job training funds, including funds provided pursuant to the “Workforce Investment and Opportunity Act” (29 U.S.C. s.3101 et seq.), as permitted by that act or other federal laws.  During each of the four fiscal years following the first fiscal year, an additional amount shall be reserved for the Joint Apprenticeship Incentive Grant Program from the State and federal sources indicated in this section such that the sum of that additional amount and the unexpended balance from the previous fiscal year shall equal $3 million.  Each grant shall be made in the amount needed for the full duration of the grant and that amount shall be regarded as having been expended for the purposes of determining the additional amount to be reserved in any subsequent fiscal year, except that if any grant moneys are not used and are instead returned to the office, the returned amounts shall not be regarded as expended.  At the end of the fifth fiscal year of the Joint Apprenticeship Incentive Grant Program, any unexpended amount reserved pursuant to this section shall, in the case of State funds, be made available for other purposes of the office, and, in the case of federal job training funds, made available for other purposes of those funds.  If the amount reserved for Joint Apprenticeship Incentive Grant Program grants pursuant to this section is fully utilized during a fiscal year, the office may provide additional grants from other funds which are reserved for the office and not otherwise expended or committed.

 

     4.    (New section) The office shall work in coordination with the commissioner in facilitating the success of joint apprenticeship programs which receive Joint Apprenticeship Incentive Grant Program grants pursuant to this section by encouraging and assisting those programs to participate in pre-apprenticeship programs, including by obtaining grants provided pursuant to the "Youth Transitions to Work Partnership Act," P.L.1993, c.268 (C.34:15E-1 et seq.), and to participate in initiatives, such as those funded by the NJ PLACE program established pursuant to P.L.2009, c.200 (C.34:15D-24 et al.) to facilitate the coordination and articulation of registered apprenticeship programs with degree programs in institutions of higher education.

 

     5.    (New section) a. Each joint apprenticeship committee administering a joint apprenticeship program which receives a grant from the Joint Apprenticeship Incentive Grant Program shall on an annual basis disclose to the commissioner information, with demographic data regarding the race and gender of apprentices, regarding:

     (1)   the number of, and wages paid to, apprentices and the portion of the wages to be paid from the grant;

     (2)   the success of apprentices in obtaining journey worker status, and the employment and earnings of employees after obtaining journey worker status;

     (3)   the implementation of plans to promote participation by women and minority group members in apprenticeships under the grant; and

     (4)   an accounting of the resources provided by the employer to the joint apprenticeship program, including all resources provided pursuant to an agreement between the employer and labor organization represented on the joint apprenticeship committee.

     b.    The commissioner shall compile and analyze data based on those disclosures and other information available to the commissioner, and issue, six months prior to the end of the fifth fiscal year after the effective date of P.L.   , c.    (C.    )(pending before the Legislature as this bill), a report evaluating the overall success of the Joint Apprenticeship Incentive Grant Program in fulfilling it purposes.  That report shall include recommendations regarding whether to renew the Joint Apprenticeship Incentive Grant Program, and if renewal is recommended, how to expand or otherwise enhance the Joint Apprenticeship Incentive Grant Program.

 

     6.    Section 2 of P.L.1992, c.48 (C.34:15B-36) is amended to read as follows:

     2.    a.  All vocational training funded with federal job training funds shall be training which is likely to substantially enhance the trainee's marketable skills and earning power and is for a labor demand occupation.

     b.    Federal job training funds shall not be used for job training or any related activities which induce, encourage or assist: any displacement or partial displacement of currently employed workers by trainees by means such as reduced hours of currently employed workers; any replacement of laid off workers by trainees; or any relocation of operations resulting in a loss of employment at a previous workplace, except in cases of multi-establishment employers consolidating establishments.  No federal job training funds shall be used for job training in any case in which an employer relocates within the State and does not offer each affected employee the equivalent benefits, pay and working conditions if the employee moves to the new location and into a job or position involving comparable skills, responsibilities, experience and seniority to the prior job or position.

     c.     Federal job training funds shall not be used for job training or any related activities which impair existing contracts for services or collective bargaining agreements, except that job training or any related activities which are inconsistent with the terms of a collective bargaining agreement may be undertaken with the written concurrence of the collective bargaining unit and employer who are parties to the agreement.

     d.    Any federal job training funds which are provided directly to an employer, or indirectly to an employer through a consortium, including funds provided to the Joint Apprenticeship Incentive Grant Program established pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), shall be regarded as customized training grants and be administered by the Office of Customized Training and the employer and any consortium shall comply with all requirements of section 5 of P.L.1992, c.43 (C.34:15D-5), except that federal job training funds provided directly or indirectly to an employer for use in connection with any program which includes apprenticeship training or activities, other than the Joint Apprenticeship Incentive Grant Program established pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), shall be exempt from the requirement of this subsection d. to be administered by the Office of Customized Training and be subject to the requirements of section 5 of P.L.1992, c.43 (C.34:15D-5), but the funds shall be exempt only if approved by the Apprenticeship Policy Committee, as defined in section 3 of P.L.1993, c.268 (C.34:15E-3) and the employer complies with the provisions of subsection e. of section 5 of P.L.1993, c.268 (C.34:15E-5).  Employment and training services funded by federal job training funds shall not replace, supplant, compete with or duplicate any existing approved apprenticeship program.

     e.     All staff who are hired and supported by any federal job training funds, including any of those staff located at any One Stop Career Center, but not including any staff of a service provider providing training services funded by a customized training grant pursuant to subsection d. of this section or an individual training grant pursuant to section 4 of P.L.1992, c.48 (C.34:15B-38), shall be hired and employed by the State pursuant to Title 11A, Civil Service, of the New Jersey Statutes, be hired and employed by a political subdivision of the State, or be qualified staff hired and employed by a non-profit organization which began functioning as the One Stop Career Center operator with the written consent of the chief elected official and the commissioner prior to the effective date of P.L.2004,c.39 (C.34:1A-1.2 et al.), or be qualified staff hired and employed by an approved community-based or faith-based organization to provide services at the level of staffing provided in an agreement entered into by the organization before the effective date of P.L.2004,c.39 (C.34:1A-1.2 et al.).

(cf: P.L.2004, c.39, s.7)

 

     7.    Section 3 of P.L.1992, c.43 (C.34:15D-3) is amended to read as follows:

     3.    As used in this act:

     "Administrative costs" means any costs incurred by the department to administer the program, including any cost required to collect information and conduct evaluations of service providers pursuant to section 8 of this act and conduct surveys of occupations pursuant to section 12 of this act, to the extent that funding is not available from federal or other sources.

     "Apprenticeship Policy Committee" means the New Jersey Apprenticeship Policy Committee established by an agreement between the Bureau of Apprenticeship and Training in the United States Department of Labor, the State Department of Labor and Workforce Development and the State Department of Education and consisting of a representative of the Commissioner of the State Department of Education, a representative of the Commissioner of the State Department of Labor and Workforce Development, the Director of Region II of the Bureau of Apprenticeship and Training in the United States Department of Labor and a representative of the New Jersey State AFL-CIO.

     “Apprenticeship program” means a registered apprenticeship program providing to each trainee combined classroom and on-the-job training under the direct and close supervision of a highly skilled worker in an occupation recognized as an apprenticeable trade, registered by the Office of Apprenticeship of the United States Department of Labor, and meeting the standards established by that office.

     "Approved community-based or faith-based organization" means an organization which is an approved service provider, a nonprofit organization exempt from federal taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. s. 501), and approved by the commissioner as demonstrating expertise and effectiveness in the field of workforce investment and being representative of a community or a significant segment of a community where the organization provides services.

     "Approved service provider" or "approved training provider" means a service provider which is on the State Eligible Training Provider List.

     "Commission" means the State Employment and Training Commission.

     "Commissioner" means the Commissioner of Labor and Workforce Development or the commissioner's designees.

     "Credential" means a credential recognized by the Department of Education or the Commission on Higher Education, or approved by the Credentials Review Board established by the Department of Labor and Workforce Development pursuant to section 25 of P.L.2005, c.354 (C.34:1A-1.10).

     "Customized training services" means employment and training services which are provided by the Office of Customized Training pursuant to section 5 of this act.

     "Department" means the State Department of Labor and Workforce Development.

     "Employer" or "business" means any employer subject to the provisions of R.S.43:21-1 et seq.

     "Employment and training services" means:

     a.     Counseling provided pursuant to section 7 of this act;

     b.    Occupational training;

     c.     Remedial instruction; or

     d.    Occupational safety and health training.

     e.     In the case of a qualified disadvantaged worker who is or was receiving, or is eligible for but not receiving, benefits under the Work First New Jersey program, "employment and training services" includes, in addition to any of the benefits listed in subsections a. through d. above, Supplemental Workforce Development Benefits approved as part of the workers' Employability Development Plan pursuant to section 7 of P.L.1992, c.43 (C.34:15D-7).

     "Fund" means the Workforce Development Partnership Fund established pursuant to section 9 of this act.

     “Joint apprenticeship committee” means an apprenticeship committee that administers a joint apprenticeship program and is a joint committee, as defined in 29 C.F.R. 29.2, with an equal number of representatives of the participating employer or employers and of a labor organization representing the employees.

     “Joint apprenticeship program” means an apprenticeship program administered by a joint apprenticeship committee.

     "Labor Demand Occupation" means an occupation which:

     a.     The Center for Occupational Employment Information has, pursuant to subsection d. of section 27 of P.L.2005, c.354 (C.34:1A-86), determined is or will be, on a regional basis, subject to a significant excess of demand over supply for trained workers, based on a comparison of the total need or anticipated need for trained workers with the total number being trained; or

     b.    The Center for Occupational Employment Information, in conjunction with a Workforce Investment Board, has, pursuant to subsection d. of section 27 of P.L.2005, c.354 (C.34:1A-86), determined is or will be, in the region for which the board is responsible, subject to a significant excess of demand over supply for adequately trained workers, based on a comparison of total need or anticipated need for trained workers with the total number being trained.

     "Occupational safety and health training" means training or instruction which is designed to assist in the recognition and prevention of potential health and safety hazards related to an occupation.

     "Office" means the Office of Customized Training established pursuant to section 5 of this act.

     "One Stop Career Center" means any of the facilities established, sponsored or designated by the State, a political subdivision of the State and a Workforce Investment Board in a local area to coordinate or make available State and local programs providing employment and training services or other employment-directed and workforce development programs and activities, including job placement services, and any other similar facility as may be established, sponsored or designated at any later time to coordinate or make available any of those programs, services or activities.

     "Permanent employment" means full-time employment unsubsidized by government training funds which provides a significant opportunity for career advancement and long-term job security.

     "Poverty level" means the official poverty level based on family size, established and adjusted under section 673 (2) of Subtitle B of the "Community Services Block Grant Act," Payable-35 (42 U.S.C. s. 9902 (2)).

     "Program" means the Workforce Development Partnership Program created pursuant to this act.

     "Qualified disadvantaged worker" means a worker who is not a qualified displaced worker or a qualified employed worker but who otherwise meets the following criteria:

     a.     Is unemployed;

     b.    Is working part-time and actively seeking full-time work or is working full-time but is earning wages substantially below the median salary for others in the labor force with similar qualifications and experience; or

     c.     Is certified by the Department of Human Services as:

     (1)   Currently receiving public assistance;

     (2)   Having been recently removed from the public assistance rolls because of gross income exceeding the grant standard for assistance; or

     (3)   Being eligible for public assistance but not receiving the assistance because of a failure to apply for it.

     "Qualified displaced worker" means a worker who:

     a.     Is unemployed, and:

     (1)   Is currently receiving unemployment benefits pursuant to R.S.43:21-1 et seq. or any federal or State unemployment benefit extension; or

     (2)   Has exhausted eligibility for the benefits or extended benefits during the preceding 52 weeks; or

     b.    Meets the criteria set by the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.), to be regarded as a "dislocated worker" pursuant to that act.

     "Qualified employed worker" means a worker who is employed by an employer participating in a customized training program, or other employed worker who is in need of remedial  instruction.

     "Qualified job counselor" means a job counselor whose qualifications meet standards established by the commissioner.

     "Qualified staff" means staff whose qualifications meet standards set by regulations adopted by the commissioner.

     "Remedial education" or "remedial instruction" means any literacy or other basic skills training or instruction which may not be directly related to a particular occupation but is needed to facilitate success in occupational training or work performance, including training or instruction in mathematics, reading comprehension, computer literacy, English proficiency and work-readiness skills.

     "Self-sufficiency" for an individual means a level of earnings from employment not lower than 250% of the poverty level for an individual, taking into account the size of the individual's family.

     "Service provider," "training provider" or "provider" means a provider of employment and training services including but not limited to a private or public school or institution of higher education, a business, a labor organization or a community-based organization.

     "State Eligible Training Provider List" means the Statewide list of eligible training providers maintained pursuant to section 14 of P.L.2005, c.354 (C.34:15C-10.2).

     "Supplemental Workforce Fund for Basic Skills" means the fund established pursuant to section 1 of P.L.2001, c.152 (C.34:15D-21).

     "Total revenues dedicated to the program during any one fiscal year" means all moneys received for the fund during any fiscal year, including moneys withdrawn from the State disability benefits fund pursuant to section 3 of P.L.1992, c.44 (C.34:15D-14), minus any repayment made during that fiscal year from the fund to the State disability benefits fund pursuant to that section.

     "Training grant" means a grant provided to fund occupational training and any needed remedial instruction for a qualified displaced or disadvantaged worker pursuant to section 6 of this act, or to fund needed remedial instruction for a qualified employed worker pursuant to section 1 of P.L.2001, c.152 (C.34:15D-21). 

     "Vocational training" or "occupational training" means training or instruction which is related to an occupation and is designed to enhance the marketable skills and earning power of a worker or job seeker. 

     "Workforce Investment Services" means core, intensive, and training services as defined by the Workforce Investment Act of 1998, Pub.L.105-220 (29 U.S.C. s.2801 et seq.).

(cf: P.L.2005, c.354, s.20)

 

     8.    Section 5 of P.L.1992, c.43 (C.34:15D-5) is amended to read as follows:

     5.  a.  There is hereby established, as part of the Workforce Development Partnership Program, the Office of Customized Training. Moneys allocated to the office from the fund shall be used to provide employment and training services to eligible applicants approved by the commissioner.

     b.    An applicant shall be eligible for customized training services if it is one of the following:

     (1)   An individual employer that seeks the customized training services to create, upgrade or retain jobs in a labor demand occupation;

     (2)   An individual employer that seeks customized training services to upgrade or retain jobs in an occupation which is not a labor demand occupation, if the commissioner determines that the services are necessary to prevent the likely loss of the jobs or that the services are being provided to employees at a facility which is being relocated from another state into New Jersey;

     (3)   An employer organization, labor organization or community-based or faith-based organization seeking the customized training services to provide training in labor demand occupations in a particular industry;

     (4)   A consortium made up of one or more educational institutions and one or more eligible individual employers or labor, employer or community-based or faith-based organizations that seeks the customized training services to provide training in labor demand occupations in a particular industry;

     (5)   An individual employer who provides equipment, supplies, or services to military bases and installations pursuant to a procurement or military contract with the United States Department of Defense, the United States Department of Veterans Affairs, or any branch of the United States Armed Forces;

     (6)   An individual employer who is engaged in one or more of the following fields or industries: science, technology, engineering, mathematics, or advanced manufacturing within these fields or industries; [or]

     (7)   An individual employer who intends to train veterans. For the purposes of this subparagraph, a "veteran" is a person who has served in the Army, Navy, Air Force, Marines or Coast Guard of the United States or a Reserve component thereof or the National Guard of this State as defined in section 1 of P.L.1963, c.109 (C.38A:1-1), and has been honorably discharged or released under conditions other than dishonorable from that service; or

     (8)   A joint apprenticeship program seeking a grant from the Joint Apprenticeship Incentive Grant Program established pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     c.     Each applicant seeking funding for customized training services shall submit an application to the commissioner in a form and manner prescribed in regulations adopted by the commissioner.  The application shall be accompanied by a business plan of each employer which will receive customized training services if the application is approved. The business plan shall include:

     (1)   A justification of the need for the services and funding from the office, including information sufficient to demonstrate to the satisfaction of the commissioner that the applicant will provide significantly less of the services if the requested funding is not provided by the office;

     (2)   A comprehensive long-term human resource development plan which:

     (a)   Extends significantly beyond the period of time in which the services are funded by the office;

     (b)   Significantly enhances the productivity and competitiveness of the employer operations located in the State and the employment security of workers employed by the employer in the State; and

     (c)   States the number of current or newly-hired workers who will be trained under the grant and the pay levels of jobs which will be created or retained for those workers as a result of the funding and the plan.

     (d)   In the case of a joint apprenticeship program seeking a grant from the Joint Apprenticeship Incentive Grant Program established pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), demonstrates the employer is entering into an agreement with a labor organization representing employees of the employer to provide funding sufficient to sustain the joint apprenticeship program beyond the duration of the grant.

     (3)   Evidence, if the training sought is for an occupation which is not a labor demand occupation, that the customized training services are needed to prevent job loss caused by obsolete skills, technological change or national or global competition or that the services are being provided to employees at a facility which is being relocated from another state into New Jersey;

     (4)   Information demonstrating that most of the individuals receiving the services will be trained primarily for work in the direct production of goods or services;

     (5)   A commitment to provide the information needed by the commissioner to evaluate the success of the funding and the plan in creating and retaining jobs, to assure compliance with the provisions of P.L.1992, c.43 (C.34:15D-1 et seq.); and

     (6)   Any other information or commitments which the commissioner deems appropriate to assure compliance with the provisions of P.L.1992, c.43 (C.34:15D-1 et seq.).

     The commissioner may provide whatever assistance he deems appropriate in the preparation of the application and business plan, which may include labor market information, projections of occupational demand and information and advice on alternative training and instruction strategies.

     d.    Each employer that receives a grant for customized training services, other than a grant from the Joint Apprenticeship Incentive Grant Program established pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), shall contribute a minimum of 50% of the total cost of the customized training services, except that the commissioner shall set a higher or lower minimum contribution by an employer, if warranted by the size and economic resources of the employer or other factors deemed appropriate by the commissioner, and except that, for individuals hired by the employer through a One Stop Career Center who receive classroom training under the grant and were recipients of benefits under the Work First New Jersey program at any time during the 12 months preceding the date of employment, the employer shall be eligible for reimbursement of up to 50% of wages paid to the individual during the classroom training in addition to reimbursement for tuition and other direct costs of the training as determined to be appropriate by the office, and provided, further, that no individual shall be hired or placed in a manner which results in a violation of the restrictions of subsection f. of section 4 of P.L.1992, c.43 (C.34:15D-4) against displacing current employees.

     e.     Each employer receiving a grant for customized training services shall hire or retain in permanent employment each worker who successfully completes the training and instruction provided under the customized training.  The employer shall be entitled to select the qualified employed, disadvantaged or displaced workers who will participate in the customized training, except that if any collective bargaining unit represents a qualified employed worker, the selection shall be conducted in a manner acceptable to both the employer and the collective bargaining unit.  The commissioner shall provide for the withholding, for a time period he deems appropriate, of whatever portion he deems appropriate of program funding as a final payment for customized training services, contingent upon the hiring and retention of a program completer as required pursuant to this section.  If an employer receiving a grant for customized training services pursuant to this section relocates or outsources any or all of the jobs out of the State for which the customized training services were provided under the grant within three years following the end date of the customized contract, the employer shall, if all of the jobs are relocated or outsourced, return all of the moneys provided to the employer by the State for customized training services, or, if only a portion of the jobs are relocated or outsourced, return a part of the moneys, deemed by the commissioner to be appropriate and proportional to the portion of the jobs relocated or outsourced, and the returned amount shall be deposited into the Workforce Development Partnership Fund.

     f.     The customized training services provided to an approved applicant may include any combination of employment and training services or any single employment and training service approved by the commissioner, including remedial instruction provided to upgrade workplace literacy.  Each service may be provided by a separate approved service provider.  No training or employment service shall be funded through a customized training grant, unless the service is provided directly by an employer or is provided by an approved service provider.  An employer who directly provides training and employment services to his own employees shall not be regarded as a service provider and shall not be subject to any requirement to obtain approval by the State as a service provider, including the requirements of section 13 of P.L.2005, c.354 (C.34:15C-10.1) to be approved as a qualifying school or the requirements of section 14 of P.L.2005, c.354 (C.34:15C-10.2) to be included on the State Eligible Training Provider List.

     g.    Customized training services shall include any remedial instruction determined necessary pursuant to section 7 of this act. Applications for customized training services shall include estimates of the total need for remedial instruction determined in a manner deemed appropriate by the commissioner.

     h.    Any business seeking customized training services shall, in the manner prescribed by the commissioner, participate in the development of a plan to provide the services.  Any business seeking customized training services for workers represented by a collective bargaining unit shall notify the collective bargaining unit and permit it to participate in developing the plan.  No customized training services shall be provided to a business employing workers represented by a collective bargaining unit without the written consent of both the business and the collective bargaining unit.

     i.     Any business receiving customized training services shall be responsible for providing workers' compensation coverage for any worker participating in the customized training.

     j.     The commissioner shall establish an annual goal that 15% or more of the jobs to be created or retained in connection with training supported by grants from the office shall be jobs provided to individuals who were recipients of benefits under the Work First New Jersey program at any time during the 12 months prior to being placed in the jobs.  The means to attain the goal shall include coordinated efforts between the office and One Stop Career Centers to prepare recipients for employment and make them available to employers, but shall not include any policy which may penalize employers or discourage employers from using customized training service provided by the office.

(cf: P.L.2017, c.22, s.2)

 

     9.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill creates, in the Office of Customized Training, the Joint Apprenticeship Incentive Grant Program, to provide grants to newly established joint apprenticeship programs to train apprentices in advanced technology occupations, with priority given to grants for programs in manufacturing.  The purpose of the grants is to provide incentives to employers to establish, on an ongoing basis, new joint apprenticeship programs for advanced technology occupations which will provide resources on the scale necessary to fill significant gaps in advanced workforce occupational skills needed for this State’s future economic success, and provide greater opportunities for a new generation of workers, including young women and minority group members, to access careers in high-skill, high-wage occupations.

     The bill requires that, to be eligible for a grant, an employer must demonstrate that it has established a joint apprenticeship committee with equal employer and labor organization representation, and has, within 12 months before applying for the grant, entered into, or is in the process of entering into, an agreement with the labor organization to provide consistent funding sufficient to sustain the joint apprenticeship program beyond the duration of the grant.  The grant application is to include data about the numbers and pay of anticipated apprentices, plans to promote women and minority group participation, and documentation that the joint apprenticeship program meets all State and federal requirements.

     The grants will reimburse employers for amounts not less than 50% or more than 75% of wage rates paid to apprentices during the first year, with those amounts paid each year of the apprenticeship, without regard to increases in the wage rates of the apprentices after the first year.  The duration of training for an apprentice under the grant is limited to five years.  In determining what percentage of the wage rate to pay, the commissioner will consider: the duration and pay levels of the apprenticeship; plans to promote women and minority group participation; the total amount of grant funds requested compared to the total amount available; and how much the State-wide demand for trained workers in the occupation of the apprenticeship exceeds the number of available trained workers.

     During the program’s first fiscal year, $1.5 million will be reserved for the program from funds in the Office of Customized Training account of the Workforce Development Partnership Fund; and $1.5 million will be reserved for the program from available federal job training funds.  During each of the four fiscal years following the first fiscal year, an additional amount shall be reserved for the program from the indicated State and federal sources such that the sum of that additional amount and the unexpended balance from the previous fiscal year equals $3 million.  At the end of the fifth fiscal year, any unexpended amounts will be made available for other training purposes.

     The Office of Customized Training and the Commissioner of Labor and Workforce Development are directed to coordinate the efforts of the program with other apprenticeship-related programs, like pre-apprenticeship grants under the State’s "Youth Transitions to Work Partnership Act," and initiatives funded by the NJ PLACE program to coordinate and articulate apprenticeship programs with degree programs in institutions of higher education.

     The commissioner is directed to compile and analyze data on the program and issue, six months before the end of the program’s fifth fiscal year, a report evaluating its success and making recommendations on whether to renew, expand or otherwise enhance the program.