New Jersey § 34:15d-21

§ 34:15d-21.

a. A restricted, nonlapsing, revolving “Supplemental Workforce Fund for Basic Skills,”

to be managed and invested by the State Treasurer, is hereby established in the Department

of Labor and Workforce Development to provide basic skills training. All moneys appropriated to the fund, all interest accumulated on balances in the

fund and all cash received for the fund from any other source shall be allocated by

the Commissioner of Labor and Workforce Development as follows: (1) 24% shall be deposited in an account reserved to support basic skills training

delivered by the State's One Stop Career Centers to qualified displaced, disadvantaged

and employed workers pursuant to Employability Development Plans developed pursuant

to section 7 of P.L.1992, c. 43 ( C.34:15D-7 ); (2) 28% shall be deposited in an account reserved for Workforce Investment Boards

to provide grants for basic skills training for qualified displaced, disadvantaged

and employed workers pursuant to Employability Development Plans developed pursuant

to section 7 of P.L.1992, c. 43 ( C.34:15D-7 ) and for other individuals with learning disabilities or otherwise in need of vocational

rehabilitation services; (3) 25% shall be deposited in an account reserved for grants to consortia including

one or more of any of the following: eligible individual employers, employer organizations,

labor organizations, community-based organizations or educational institutions to

provide basic skills training to qualified displaced, disadvantaged or employed workers

or to other individuals seeking to enter apprenticeship training; except that, during

the fiscal year beginning after June 30, 2019, 12.5% shall be deposited in an account

reserved for grants to consortia including one or more of any of the following: eligible

individual employers, employer organizations, labor organizations, community-based

organizations or educational institutions to provide basic skills training to qualified

displaced, disadvantaged or employed workers or to other individuals seeking to enter

apprenticeship training, and 12.5% shall be deposited in an account reserved to provide

grants under the High-Growth Industry Regional Apprenticeship Development Grant Pilot

Program, established pursuant to section 1 of P.L.2019, c. 314 (C.34:15D 32) through fiscal year 2024; (4) 13% , but not less than $3 million, shall be deposited in an account reserved for a grant to the New Jersey Community

College Consortium for Workforce and Economic Development, a part of the New Jersey

Council of County Colleges, to provide basic skills training to qualified displaced,

disadvantaged or employed workers. If the 13% is less than $3 million, an additional amount shall be deposited into this

account either from the 87% deposited pursuant to paragraphs (1), (2), (3), and (5)

of this subsection or from other funds as determined by the commissioner until this

account equals $3 million ; and (5) 10% shall be deposited in an account to be used, at the discretion of the commissioner,

for any of the purposes indicated in this subsection a. and any administrative costs

incurred by the Department of Labor and Workforce Development in connection with the

fund. b. Any grant provided in connection with paragraph (3) of subsection a. of this section

directly to an employer or to an employer through a consortium shall be regarded as

a customized training grant and shall be administered by the Office of Customized

Training and the employer and consortium shall comply with all requirements of section

5 of P.L.1992, c. 43 ( C.34:15D-5 ), except that any grants provided directly or indirectly to an employer for use in

connection with any program which includes apprenticeship training or activities or

preparation for entry into apprenticeship training shall be exempt from the requirement

of this subsection b. 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 ), if it is 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 ). Any grant provided in connection with paragraph (2) of subsection a. of this section

directly to an individual shall be regarded as an individual training grant and shall

be subject to the requirements of subsections a., c. and d. of section 6 of P.L.1992, c. 43 ( C.34:15D-6 ). Also, any funds provided in connection with paragraph (4) of subsection a. of this

section shall be provided to the New Jersey Community College Consortium for Workforce

and Economic Development by the Office of Customized Training, and shall comply with

the following requirements: (1) The New Jersey Community College Consortium for Workforce and Economic Development

shall work with all the community colleges throughout the State of New Jersey to deliver

basic skills training in the most effective and efficient manner possible at any of

their 63 campuses or at any appropriate business facility; (2) There shall be no charge to the employer sending employees to the training, but

the employer shall pay employees regular wages for the hours the training takes place,

except that any waiver of this requirement to pay employees regular wages, for the

hours of training, authorized by the Commissioner of Labor and Workforce Development,

may, at the discretion of the commissioner, be offered to the New Jersey Community

College Consortium for Workforce and Economic Development on the same basis as any

other grant recipient; (3) The employers sending their employees to this training shall not be asked to provide

any paperwork or complete any financial disclosure forms, including a tax clearance

certificate as provided in section 1 of P.L.2007, c. 101 ( C.54:50-39 ), except that employers shall provide the employees participating in the training

with the information that the employees need to comply with paragraph (4) of this

subsection, and shall provide the New Jersey Community College Consortium for Workforce

and Economic Development with the information the employer has regarding its participating

employees that the consortium needs to produce the annual report required pursuant

to paragraph (7) of this subsection; (4) The employees being trained shall provide the Federal Employer Identification

Number (FEIN) of their employer and the employer's contact information at the beginning

of the training; (5) The mean class size for training under this subsection shall be 10, but the New

Jersey Community College Consortium for Workforce and Economic Development may aggregate

employees from multiple employers in a single training to reach that mean of 10; (6) The training provided under this subsection shall be basic skills training, but

the apportionment of classes in the different areas of basic skills as defined by

subsection h. of this section may be determined by the New Jersey Community College

Consortium for Workforce and Economic Development in consultation with representatives

of the business community; (7) The New Jersey Community College Consortium for Workforce and Economic Development

shall file an annual report by September 1 of each year with the New Jersey Legislature

and the New Jersey Department of Labor and Workforce Development containing the total

number of workers trained, the total funds expended on training, the number of workers

trained in each area of basic skills training, the number of businesses with employees

trained, the number of classes held in each area of basic skills training, the number

of classes held at each community college, the wage ranges of the workers trained,

the job titles of the workers trained and the results of the pre-training and post-training

assessments. The report shall also include an analysis of the strengths and weaknesses of the

training program and how it can be improved in the following year. The report shall supplant all requirements for any other reporting that the New

Jersey Community College Consortium for Workforce and Economic Development may be

asked to complete with respect to the funds it receives through paragraph (4) of subsection

a. of this section; and (8) The New Jersey Community College Consortium for Workforce and Economic Development

shall work with the business community to promote this program to businesses across

the State, including chambers of commerce and Statewide associations, such as the

New Jersey Business and Industry Association, and shall seek out, and work with, State,

regional, and county organizations that are dedicated to the economic empowerment

of segments of society by race, ethnicity, gender, age, religion, disability, or sexual

orientation, including, but not limited to the African American Chamber of Commerce

of New Jersey and the Statewide Hispanic Chamber of Commerce of New Jersey, and any

other appropriate business organizations. c. Any employment and training services funded by the Supplemental Workforce Fund

for Basic Skills shall be provided in a manner which complies with the provisions

of subsections b., c., f., g., h. and i. of section 4 of P.L.1992, c. 43 ( C.34:15D-4 ), to the extent that those subsections pertain to remedial education. Any service provider receiving moneys from the Supplemental Workforce Fund for Basic

Skills shall be subject to the provisions of section 8 of P.L.1992, c. 43 ( C.34:15D-8 ) and section 8 of P.L.1992, c. 44 ( C.34:15D-19 ). d. All staff located at any One Stop Career Center supported by funds provided from

the Supplemental Workforce Fund for Basic Skills shall be hired and employed by the

State pursuant to Title 11A, Civil Service, of the New Jersey Statutes. e. Beginning July 1, 2002, and for any subsequent fiscal year, if the unexpended cash

balance in any of the accounts indicated in subsection a. of this section, 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 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. f. The Commissioner of Labor and Workforce Development shall establish standards of

performance for providers of basic skills training pursuant to this act. The standards shall include, but not be limited to, standards for the curriculum

or training to be furnished, qualifications for persons who will provide the training

under the act, and standards for establishing what constitutes successful completion

of the training program. The commissioner shall establish means of determining the ability of enrollees to

gain or maintain employment following the successful completion of a training program

established pursuant to this section. In the event that the commissioner determines that a provider has not conducted

its training program in accordance with the standards of performance, he may take

that action necessary to correct the deficiencies of the provider, or terminate the

contract with the provider of basic skills services if the provider fails to respond

to remedial action. g. The State Employment and Training Commission shall review and evaluate the operations

of programs supported by the Supplemental Workforce Fund for Basic Skills established

pursuant to this section, with special consideration to how those programs assist

in the implementation of the goals of the Strategic Five-Year State Plan for New Jersey's

Workforce Investment System, and shall consult with the Commissioner of Labor and

Workforce Development regarding its findings. h. For the purpose of this section: “ Basic skills training ” means basic mathematics, reading comprehension, basic computer literacy including new technology topics , English proficiency and work-readiness skills including topics for entry level managers and shall be regarded as a form of “remedial education” for the purposes of section

3 of P.L.1992, c. 43 ( C.34:15D-3 ); “ One Stop Career Center ” means one of the centers established in local areas to coordinate a variety of State

and local programs providing employment and training services, including job placement

services, or any other similar State or local government-sponsored center providing

employment and training services as may be developed at any later time; and “ Qualified disadvantaged worker ,” “ qualified displaced worker ,” “ qualified employed worker ,” and “ employment and training services ” have the meanings given to them by section 3 of P.L.1992, c. 43 ( C.34:15D-3 ).