A5036

An Act concerning long-term care workforce development program 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. Section 9 of P.L.1992, c.43 (C.34:15D-9) is amended to read as follows:

9. a. A restricted, nonlapsing, revolving Workforce Development Partnership Fund, to be managed and invested by the State Treasurer, is hereby established to: provide employment and training services to qualified displaced, disadvantaged and employed workers by means of training grants or customized training services; provide for the other costs indicated in subsection a. of section 4 of P.L.1992, c.43 (C.34:15D-4); provide for the New Jersey Innovation and Research Fellowship Program as provided for in section 3 of P.L.2015, c.235 (C.34:15D-26); provide for the Long-term Care Workforce Development Program as provided for in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); provide for the Talent Network Program as provided for in section 2 of P.L.2019, c.125 (C.34:15D-29); and facilitate the provision of education and training to youth by means of grants provided by the Youth Transitions to Work Partnership pursuant to the provisions of P.L.1993, c.268 (C.34:15E-1 et al.). All appropriations to the fund, all interest accumulated on balances in the fund and all cash received for the fund from any other source shall be used solely for the purposes specifically delineated by this act.

b. During any fiscal year beginning after June 30, 2001, of the total revenues dedicated to the program during any one fiscal year: 25% shall be deposited in an account of the Workforce Development Partnership Fund reserved to provide employment and training services for qualified displaced workers, and through fiscal year 2023, not less than 10% of the revenues deposited in that account shall be reserved to provide employment and training services to qualified displaced workers in the pursuit of industry-valued credentials under the pilot program established pursuant to P.L.2019, c.252 (C.34:15D-30 et al.); and during any fiscal year beginning after June 30, 2019, 0.5% shall be deposited in an account of the Workforce Development Partnership Fund reserved for an appropriated to the Department of Labor and Workforce Development for the Apprenticeship Start-Up Grant Program created pursuant to section 3 of P.L.2019, c.417 (C.34:15D-6.1); 6% shall be deposited in an account of the Workforce Development Partnership Fund reserved to provide employment and training services for qualified disadvantaged workers, and through fiscal year 2023, not less than 10% of the revenues deposited in that account shall be reserved to provide employment and training services to qualified disadvantaged workers in the pursuit of industry-valued credentials under the pilot program established pursuant to P.L.2019, c.252 (C.34:15D-30 et al.); 37% shall be deposited in an account of the Workforce Development Partnership Fund reserved for and appropriated to the Office of Customized Training, except that, during any fiscal year beginning after June 30, 2021, 35% shall be deposited in that account and 2% shall be deposited in an account of the Workforce Development Partnership Fund reserved for and appropriated to the Long-term Care Workforce Development Program pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); 5% shall be deposited in an account of the Workforce Development Partnership Fund reserved for the Youth Transitions to Work Partnership created pursuant to P.L.1993, c.268 (C.34:15E-1 et seq.); 3% shall be deposited in an account of the Workforce Development Partnership Fund reserved for occupational safety and health training; 5% shall be deposited in an account of the Workforce Development Partnership Fund reserved for and appropriated to the Talent Network Program established pursuant to section 2 of P.L.2019, c.125 (C.34:15D-29); 3% shall be deposited in an account of the Workforce Development Partnership Fund reserved for the New Jersey Innovation and Research Fellowship Program established pursuant to section 3 of P.L.2015, c.235 (C.34:15D-26); 10% shall be deposited in an account of the Workforce Development Partnership Fund reserved for administrative costs as defined in section 3 of P.L.1992, c.43 (C.34:15D-3); 0.5% shall be deposited in an account of the Workforce Development Partnership Fund reserved for the State Employment and Training Commission to design criteria and conduct an annual evaluation of the program; and 5% shall be deposited in an account of the Workforce Development Partnership Fund to be used, at the discretion of the commissioner, for any of the purposes indicated in subsection a. of section 4 of P.L.1992, c.43 (C.34:15D-4).

c. Beginning January 1, 1995, through June 30, 2002, the balance in the fund as of the previous December 31, as determined in accordance with generally accepted accounting principles, shall not exceed 1.5 times the amount of contributions deposited for the calendar year then ended. If the balance exceeds this amount, the excess shall be deposited into the unemployment compensation fund within seven business days of the date that the determination is made.

d. Beginning July 1, 2002, and for any subsequent fiscal year, if the unexpended cash balance in any of the accounts indicated in subsection b. of this section, except for the account reserved for the Talent Network Program, less any amount awarded in grants but not yet disbursed from the account, is determined to exceed 20% of the amount of contributions collected for deposit in the account pursuant to this [subsection] section during the fiscal year then ended, the excess shall be regarded as an unemployment compensation contribution and deposited into the unemployment compensation fund within seven business days of the date that the determination is made. If the unexpended cash balance in the account reserved for the Talent Network Program, less any amount awarded in grants but not yet disbursed from the account, is determined to exceed 20% of the amount of contributions collected for deposit in the account pursuant to this [subsection] section during the fiscal year then ended, the excess shall be deposited into the Workforce Development Partnership Fund account reserved for the Office of Customized Training.

e. $250,000 shall be allocated to the Apprentice Assistance and Support Services Pilot Program established pursuant to section 1 of P.L.2019, c.419 (C.34:15D-6.2) from the $29,690,000 which was appropriated pursuant to the annual appropriations act for State fiscal year 2019 from the Workforce Development Partnership Fund for the purpose of funding Work First New Jersey Work Activities and Work First New Jersey-Training Related Expenses, and, $1,100,000 shall be allocated to the pilot program in each of fiscal years 2020, 2021, 2022, 2023, and 2024 from the amounts appropriated pursuant to the annual appropriations act in those fiscal years from the Workforce Development Partnership Fund for the purpose of funding Work First New Jersey Work Activities and Work First New Jersey-Training Related Expenses. Of the funds allocated to the pilot program pursuant to this subsection, 90% shall be dedicated to the Child Care Stipend program and 10% to transportation reimbursement.

(cf: P.L.2019, c.419, s.1)

2. (New section) a. Within 90 days following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Labor and Workforce Development, in consultation with the Departments of Education, Health, Human Services, and Military and Veterans Affairs, shall establish the Long-term Care Workforce Development Program. The purpose of the program is to evaluate and improve training opportunities for jobs in the long-term care industry in order to increase the number of skilled workers in this State who are qualified for employment in this industry. The program shall prioritize providing underrepresented groups, including, but not limited to, ethnic minorities, women, veterans, and socioeconomically disadvantaged individuals with access to training and jobs in the long-term care industry.

b. To fulfill the purpose of the program, the department shall:

(1) assess the effectiveness of State training programs to produce students and workers with the skills and technical expertise necessary to fill the employment opportunities available in the long-term care industry in the State;

(2) evaluate the outreach and accessibility of these programs to underrepresented groups;

(3) identify workforce needs and common skill gaps, by region and industry, in the long-term care industry in the State to determine in-demand skills, abilities, and credentials;

(4) develop a workforce development strategy, formalized in a written plan, to satisfy workforce needs, close skill gaps, and improve access to entry-level and mid-level jobs in the long-term care industry, with a focus on providing career pathways for underrepresented groups;

(5) establish, publish, and maintain, in a format accessible to the public, a clearinghouse of information and resources on training and workforce development programs for the long-term care industry;

(6) annually award a minimum of five consortia of employers, labor organizations, and education institutions with training grants for the purpose of providing programs that focus on the development of in-demand skills, abilities, or credentials in the long-term care industry. The department shall prioritize awarding grants to consortia that include outreach strategies to underrepresented groups. All training grants shall be administered by the Office of Customized Training and each grant awardee shall comply with all the requirements of section 5 of P.L.1992, c.43 (C.34:15D-5); and

(7) prepare an annual report of the program’s findings for the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).

c. The Long-term Care Workforce Development Program shall be funded through the funds reserved for the program from the Workforce Development Partnership Fund pursuant to section 9 of P.L.1992, c.43 (C.34:15D-9). In addition, the department shall, to the maximum extent permitted by State and federal law, give priority in the use of job training funds, as defined in section 4 of P.L.1989, c.293 (C.34:15C-1), including any available federal job training funds and any other available State job training funds, to provide funds to the Long-term Care Workforce Development Program to implement the workforce development strategy required under paragraph (4) of subsection b. of this section.

d. As used in this act:

“Long-term care industry” means a variety of services designed to meet a person's health or personal care needs during a short or long period of time, often when a person suffers from a serious, ongoing health condition or disability. These services help people live as independently and safely as possible when they can no longer perform everyday activities on their own, and may include, but are not limited to, assistance with activities of daily living: bathing, dressing, grooming, using the toilet, eating, and moving around. These services may also include community services such as meals, adult day care, and transportation services.

3. This act shall take effect immediately.

STATEMENT

This bill establishes the Long-term Care Workforce Development Program in the Department of Labor and Workforce Development (DOLWD). The program will be established by DOLWD, in consultation with the Departments of Education, Health, Human Services, and Military and Veterans Affairs. The bill requires DOLWD to establish the program within 90 days following the date of enactment of the bill. The purpose of the program is to evaluate and improve training opportunities for jobs in the long-term care industry in order to increase the number of skilled workers in this State who are qualified for employment in this industry. The program will prioritize providing underrepresented groups, including, but not limited to, ethnic minorities, women, veterans, and socioeconomically disadvantaged individuals with access to training and jobs in the long-term care industry.

To fulfill the purpose of the program, DOLWD will:

(2) evaluate the outreach and accessibility of these programs to underrepresented groups;

(3) identify workforce needs and common skill gaps, by region and industry, in the long-term care industry in the State to determine in-demand skills, abilities, and credentials;

(6) annually award a minimum of five consortia of employers, labor organizations, and education institutions with training grants for the purpose of providing programs that focus on the development of in-demand skills, abilities, or credentials in the long-term care industry. The department will prioritize awarding grants to consortia that include outreach strategies to underrepresented groups. All training grants will be administered by the Office of Customized Training and each grant awardee will comply with all applicable requirements; and

(7) prepare an annual report of the program’s findings for the Governor and the Legislature.

The bill provides that two percent of the total revenues dedicated to the Workforce Development Partnership Fund during any one fiscal year are required to be reserved for the Long-term Care Workforce Development Program. Furthermore, the bill requires DOLWD, to the extent permitted by law, to give priority in the use of other available State and federal job training funds, to fund the program to implement the workforce development strategy plan required under its provisions.