PRINTER'S NO. 4043
No. 2915 Session of 1998
INTRODUCED BY FLICK, OLASZ, PERZEL, SCHULER, BROWNE,
L. I. COHEN, CORNELL, HARHART, HENNESSEY, HERMAN, SEYFERT AND
DALLY, NOVEMBER 2, 1998
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS,
NOVEMBER 2, 1998
AN ACT
1 Establishing a unified workforce investment system;
2 restructuring certain administrative functions, procedures
3 and entities; transferring workforce development functions of
4 Commonwealth agencies; establishing the Pennsylvania Human
5 Resources Investment Council; and authorizing local workforce
6 investment boards.
7 TABLE OF CONTENTS
8 Chapter 1. Preliminary Provisions
9 Section 101. Short title.
10 Section 102. Declaration of policy.
11 Section 103. Definitions.
12 Section 104. Conflicts of interest.
13 Chapter 3. Council
14 Section 301. Establishment.
15 Section 302. Membership.
16 Section 303. Powers and duties.
17 Section 304. State performance measures.
18 Chapter 5. Local Workforce Investment Boards
19 Section 501. Establishment.
1 Section 502. Membership.
2 Section 503. Powers and duties.
3 Section 504. Local performance measures.
4 Chapter 7. Implementation.
5 Section 701. Replacement of State Job Training Coordinating
6 Council.
7 Section 702. Continuation of Pennsylvania Human Resources
8 Investment Council.
9 Chapter 9. Miscellaneous Provisions
10 Section 901. Construction.
11 Section 902. Regulations abrogated.
12 Section 903. Severability.
13 Section 904. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 CHAPTER 1
17 PRELIMINARY PROVISIONS
18 Section 101. Short title.
19 This act shall be known and may be cited as the Workforce
20 Investment Act.
21 Section 102. Declaration of policy.
22 The General Assembly finds and declares as follows:
23 (1) It is the intent of this act to address more
24 effectively the potential of citizens, employers and
25 communities in this Commonwealth by:
26 (i) Recognizing that the skills and knowledge of the
27 Commonwealth's workforce are the keys to providing
28 enhanced opportunities for individuals and economic
29 competitive advantages for businesses and communities.
30 (ii) Expanding and providing for more efficient and
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1 coordinated administration of workforce investment
2 activities.
3 (iii) Effecting the maximum feasible return on
4 investment for the citizens of this Commonwealth.
5 (iv) Promoting the coordination and integration of
6 workforce investment, economic development and education
7 policies.
8 (2) The express goals of the Pennsylvania Workforce
9 Investment System are:
10 (i) Economic opportunity for all citizens and
11 businesses.
12 (ii) Economic self-sufficiency and individual
13 responsibility.
14 (iii) An educated workforce with relevant skills for
15 personal growth and economic prosperity.
16 (3) These goals are to be attained through fostering a
17 dynamic world-class workforce in which citizens and
18 businesses in this Commonwealth possess the knowledge and
19 skills to succeed and excel in a highly competitive and
20 rapidly changing world.
21 (4) Achievement of a world-class workforce in this
22 Commonwealth is best accomplished through a unified workforce
23 investment system that is dedicated to and operates in
24 adherence with the following basic philosophy and core
25 values:
26 (i) Economic competitiveness based on improvements
27 in productivity, quality and service.
28 (ii) Excellence and informed choice in education,
29 training opportunities, workplace preparation and career
30 decision making.
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1 (iii) A strong work ethic, mutual respect, a
2 commitment to lifelong learning and the valuing of all
3 workers and their work.
4 (iv) Stewardship of public resources; emphasizing
5 private sector solutions to workforce investment goals
6 supplemented by limited government involvement when
7 necessary.
8 (v) The highest quality delivery of market-driven
9 services which are readily identifiable and easily
10 accessible and which consider the abilities and work-
11 support needs of a diverse population.
12 (vi) Continuous quality improvement through
13 cooperation and collaboration among all who participate
14 and are engaged in this endeavor in order for individuals
15 to earn family-sustaining wages for economic self-
16 sufficiency.
17 Section 103. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Agreement of mutual responsibility." A written plan which
22 assures that each of the parties responsible for achieving
23 mutually agreed upon workforce investment goals understands the
24 responsibilities and obligations to be undertaken by the direct
25 recipient of public funds, the time frames within which each
26 obligation is to be completed, the consequences or corrective
27 action which may exist for failure to comply and the actions to
28 be undertaken to support the efforts of the applicant.
29 "Certify." An approval issued by the Pennsylvania Human
30 Resources Investment Council to a local workforce investment
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1 board that satisfies the eligibility requirements established by
2 the Commonwealth.
3 "Chief elected executive official." A mayor or elected
4 executive in a mayor-council form of government in a city
5 operating under an optional charter form of government pursuant
6 to the act of July 15, 1957 (P.L.901, No.399), known as the
7 Optional Third Class City Charter Law, or if no mayor or elected
8 executive is elected under an optional charter, the president or
9 chairperson of the legislative policymaking governing body; a
10 mayor of a city of the third class operating under a commission
11 form of government pursuant to the act of June 23, 1931
12 (P.L.932, No.317), known as The Third Class City Code; a mayor
13 or elected executive in a home rule charter or optional plan
14 municipality pursuant to 53 Pa.C.S. Pt. III, Subpt. E (relating
15 to home rule and optional plan government) or if no mayor or
16 elected executive is elected in the home rule charter or
17 optional plan municipality, the president or chairperson of the
18 legislative policymaking governing body; the mayor of a city of
19 the first class under the act of April 21, 1949 (P.L.665,
20 No.155), known as the First Class City Home Rule Act; a mayor of
21 a borough or incorporated town; the chairperson of the board of
22 county commissioners; the chairperson of the board of township
23 commissioners; or the chairperson of the board of township
24 supervisors.
25 "Council." The Pennsylvania Human Resources Investment
26 Council established in section 301.
27 "Customer." An employer, job seeker or jobholder who wishes
28 to engage in workforce investment activities that fall within
29 the purview of this act. The term does not include a service
30 provider.
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1 "Employment." Work that is employer based or
2 entrepreneurial.
3 "Facilitated assistance." Person-to-person interaction to
4 assist a customer:
5 (1) With using the information access system.
6 (2) With securing services such as customer assessment,
7 employment opportunity development, employment search and
8 referral, career exploration, postemployment services and
9 customer case management.
10 (3) By enhancing the ability of the customer to become
11 more self-directed in utilizing the workforce investment
12 system.
13 (4) By holding the customer accountable to an agreement
14 of mutual responsibility.
15 "Information access." An information system which:
16 (1) Makes use of a combination of technologies and means
17 of access.
18 (2) Is readily identifiable and easily accessible.
19 (3) Enables the sharing of workforce investment
20 information across all parts of the workforce investment
21 system and is available to all customers.
22 "Invest." To oversee and monitor funds appropriated by the
23 Federal Government and designated by the Governor or funds
24 specifically appropriated by State government for workforce
25 investment purposes according to a strategy established by the
26 Pennsylvania Human Resources Investment Council to receive an
27 acceptable return on investment. This term includes evaluating
28 unified workforce investment plans submitted by local workforce
29 investment boards and other purposes or programs administered by
30 the council.
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1 "Lifelong learning." Formal and informal learning and
2 training activities, as well as work experience, that develop
3 the knowledge and the learning skills of students and customers
4 to enhance learning, employability and the quality of life for
5 each individual in society.
6 "Local career development marketplace" or "Team Pennsylvania
7 Career Link." A collaborative network of service providers
8 designed to deliver to workforce investment customers high-
9 quality information access, facilitated assistance, lifelong
10 learning and transitional or work support services or
11 activities, combined with economic investment services and
12 activities, at a county or multicounty level.
13 "Local workforce investment board." An entity certified by
14 the Pennsylvania Human Resources Investment Council and
15 organized to further the goals and purpose of this act.
16 "Municipality." Every county, city, borough, incorporated
17 town, township and home rule or optional plan or optional
18 charter municipality.
19 "Participating agencies." All of the following:
20 (1) The Department of Aging.
21 (2) The Department of Community and Economic
22 Development.
23 (3) The Department of Education.
24 (4) The Department of Labor and Industry.
25 (5) The Department of Public Welfare.
26 (6) An agency designated by Executive Order.
27 (7) Any agency that oversees and monitors funds
28 appropriated by the Federal Government and designated by the
29 Governor or funds specifically appropriated by State
30 government for workforce investment that falls under the
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1 authority of the Pennsylvania Human Resources Investment
2 Council.
3 "Return on investment." The economic or social impact of
4 public workforce investments evaluated according to cost benefit
5 criteria determined by the Pennsylvania Human Resources
6 Investment Council to measure and maximize the beneficial
7 results in the advancement of the goals and purposes of this
8 act. The criteria include the components of cost, time and
9 opportunities. Opportunities may include social and economic
10 benefits of job preparation and placement that enable people to
11 obtain and retain employment, thereby eliminating dependency on
12 assistance and freeing funds for reinvestment in people and
13 developing capacity to improve a region's ability to attract and
14 retain business and industry. The replacement of private
15 investments in workforce development with public funds shall be
16 applied in the negative in evaluating return on investment.
17 "Service provider." Any individual, partnership or
18 corporation, whether for profit or nonprofit, including the
19 principals thereof, or secondary or postsecondary educational
20 institution or intermediate unit or any public agency, whose
21 business, in whole or in part, is to provide workforce
22 investment services and activities, based upon agreement or
23 contract, for monetary remuneration.
24 "System." The unified system for the delivery of workforce
25 investment programs to assure a well-educated highly skilled
26 workforce for the Commonwealth.
27 "Transitional support." Wage loss or subsistence programs,
28 such as public assistance, unemployment compensation and
29 workers' compensation, that are designed to provide temporary
30 income during a defined interim period to enable a customer to
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1 pursue employment opportunities and obtain and engage in
2 employment.
3 "Work support." Assistance that helps a customer secure and
4 maintain employment, such as assistance in securing child care,
5 transportation, vocational rehabilitation goods or services or
6 case management.
7 "Workforce development" or "workforce investment."
8 Information access, facilitated assistance, lifelong learning
9 activities, including, but not limited to, vocational education
10 programs, programs in community colleges, postsecondary
11 education institutions authorized to grant associate,
12 baccalaureate and advanced degrees and transitional support and
13 work support services or activities which enable customers to
14 engage in or prepare for employment opportunities.
15 Section 104. Conflicts of interest.
16 (a) Voting.--A member of the Human Resources Investment
17 Council or a member of a local workforce investment board may
18 not vote on any substantive or financial decision that affects
19 the member's organization directly or indirectly through
20 organizational partnerships.
21 (b) Lobbying.--An individual who is registered as a lobbyist
22 under the act of September 30, 1961 (P.L.1778, No.712), known as
23 the Lobbying Registration and Regulation Act, may not serve as a
24 member of the Human Resources Investment Council or a member of
25 a local workforce investment board.
26 (c) Policy.--The council shall adopt a conflict of interest
27 policy designed to preclude any material conflict of interest or
28 impropriety with respect to the duties and activities of members
29 of the Human Resources Investment Council or members of local
30 workforce investment boards or their officers, employees and
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1 members of their immediate families.
2 CHAPTER 3
3 COUNCIL
4 Section 301. Establishment.
5 The Pennsylvania Human Resources Investment Council is
6 established to implement a unified system for the delivery of
7 workforce investment programs to assure a well educated, highly
8 skilled workforce. The council is vested with the authority to
9 coordinate the Commonwealth's existing Federal and State
10 workforce investment programs into an integrated system, which
11 directs Federal, State and local resources to existing programs
12 with track records of success and new programs of recognized
13 potential.
14 Section 302. Membership.
15 (a) General rule.--The council shall be established in
16 accordance with the compositional requirements for state human
17 resource investment councils set forth in the Workforce
18 Investment Act (Public Law 105-220, 112 Stat. 936) or a
19 federally permissible alternative. A majority of the membership
20 of the council shall be private sector employer representatives.
21 In addition, the following persons shall serve on the council:
22 (1) The Governor.
23 (2) The Secretary of Aging.
24 (3) The Secretary of Community and Economic Development.
25 (4) The Secretary of Education.
26 (5) The Secretary of Labor and Industry.
27 (6) The Secretary of Public Welfare.
28 (7) Four members of the General Assembly. Two members
29 shall be appointed by the President pro tempore of the
30 Senate, one of whom shall be recommended by the Minority
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1 Leader of the Senate; two members shall be appointed by the
2 Speaker of the House of Representatives, one of whom shall be
3 recommended by the Minority Leader of the House of
4 Representatives.
5 (8) The following shall be appointed by the Governor for
6 a term of at least two years:
7 (i) Private sector employer representatives from
8 various regions of this Commonwealth.
9 (ii) Chief elected executive officials representing
10 both cities and counties.
11 (iii) Representatives of individuals and
12 organizations that have experience with youth activities.
13 (iv) Representatives of individuals and
14 organizations that have expertise in the delivery of
15 workforce investment activities, including chief
16 executive officers of community colleges and community-
17 based organizations.
18 (v) Representatives of organized labor.
19 (vi) Other individuals or representatives of
20 entities as may be deemed appropriate by the Governor.
21 (b) Chairperson.--The Governor shall designate, to serve at
22 the Governor's pleasure, a member from the private sector to
23 serve as chairperson of the council. The chairperson shall be
24 authorized to designate another member to preside at meetings in
25 the chairperson's absence.
26 (c) Designees.--Each member may designate an individual to
27 represent the member at a specified meeting. A designee may not
28 vote but may otherwise act on behalf of the member. The
29 designation must be in writing and be delivered to the
30 chairperson and shall be in effect only for the meeting date
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1 specified.
2 (d) Staff.--The council may employ a limited staff to
3 implement the decisions of the council.
4 (e) Meetings.--The council shall meet quarterly and
5 additionally at such time and places as it shall determine.
6 Special meetings may be called by the chairperson or at the
7 request of a majority of the members.
8 (f) Executive committee.--An executive committee that
9 includes representation from the private sector may be
10 established and authorized under the council to oversee and
11 monitor the Commonwealth's unified workforce investment system.
12 The organization framework may utilize existing staff structure
13 or develop its own staffing arrangement.
14 (g) Subcommittees.--The chairperson may establish
15 subcommittees, appoint members and delegate duties to
16 subcommittees as the chairperson deems necessary to fulfill the
17 council's responsibilities. A subcommittee shall be chaired by a
18 member of the council.
19 (h) Compensation.--Members shall receive no compensation,
20 but shall be entitled to receive an allowance for expenses
21 incurred in the performance of duties.
22 (i) Personnel, equipment, resources.--The policy and program
23 offices of the Department of Aging, the Department of Community
24 and Economic Development, the Department of Education, the
25 Department of Labor and Industry and the Department of Public
26 Welfare shall provide such personnel, equipment and resources as
27 are required for the functioning of the council.
28 Section. 303. Powers and duties.
29 The council, in furtherance of sections 102 and 104, shall
30 have the following powers and duties:
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1 (1) To develop, adopt and assure adherence to systemwide
2 standards, principles, policies, goals, financial resource
3 investment priorities and strategies for workforce investment
4 and workforce investment return on investment criteria to
5 maintain continuously a competitive advantage for this
6 Commonwealth.
7 (2) To monitor and assure collaboration of the
8 investment of all funds specifically appropriated by the
9 Federal Government and designated by the Governor or funds
10 specifically appropriated by State government, for workforce
11 investment, under any of the following:
12 (i) The Adult Education Act (Public Law 89-750, 20
13 U.S.C. § 1201 et seq.).
14 (ii) The Carl D. Perkins Vocational and Applied
15 Technology Education Act (Public Law 88-210, 20 U.S.C. §
16 2301 et seq.).
17 (iii) The Community Services Block Grant Act (Public
18 Law 97-35, 95 Stat. 511).
19 (iv) The Food Stamp Act of 1977 (Public Law 88-525,
20 7 U.S.C. § 2011 et seq.).
21 (v) The Job Training Partnership Act (Public Law 97-
22 300, 29 U.S.C. § 1501 et seq.).
23 (vi) The National and Community Service Trust Act of
24 1993 (Public Law 103-82, 107 Stat. 785).
25 (vii) Title V of the Older Americans Act of 1965
26 (Public Law 89-73, 42 U.S.C. § 3056 et seq.).
27 (viii) The Personal Responsibility and Work
28 Opportunity Reconciliation Act of 1996 (Public Law 104-
29 193, 110 Stat. 2105).
30 (ix) The School-to-Work Opportunities Act of 1994
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1 (Public Law 103-239, 108 Stat. 568).
2 (x) The Trade Act of 1974 (Public Law 93-618, 19
3 U.S.C. § 2101 et seq.).
4 (xi) The Vocational Rehabilitation Act (41 Stat.
5 735, 29 U.S.C. § 31 et seq.).
6 (xii) The Wagner-Peyser Act (48 Stat. 113, 29 U.S.C.
7 § 49 et seq.).
8 (xiii) The act of June 2, 1915 (P.L.736, No.338),
9 known as the Workers' Compensation Act.
10 (xiv) The act of December 5, 1936 (2nd Sp.Sess.,
11 1937 P.L.2897, No.1), known as the Unemployment
12 Compensation Law.
13 (xv) Article XIX-A of the act of March 10, 1949
14 (P.L.30, No.14), known as the Public School Code of 1949.
15 (xvi) The act of December 20, 1985 (P.L.492,
16 No.116), known as the Customized Job Training Act.
17 (xvii) The act of October 22, 1986 (P.L.1452,
18 No.143), known as the Pennsylvania Adult Basic and
19 Literacy Education Act.
20 (xviii) Any other Federal or State statute of
21 similar intent and purpose.
22 (3) To examine Federal and State statutes and
23 regulations in order to assess whether they present barriers
24 to achieving the provisions of this act and to recommend to
25 the Federal Government, the Governor and the General Assembly
26 amendments to statutes and regulations and waivers for
27 regulations to eliminate barriers and to promote the
28 provisions of this act.
29 (4) To develop and disseminate appropriate and necessary
30 research and statistical information, to set the requisite
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1 protocols and standards for common data reference, to engage
2 in or sponsor studies to identify workforce investment system
3 needs and to gather and disseminate information.
4 (5) To establish and assure adherence to performance-
5 based quality assurance metrics and standards designed to
6 optimize system function, performance and effectiveness.
7 (6) To evaluate the five-year unified workforce
8 investment plans and investment proposals submitted by local
9 workforce investment boards and to make recommendations for
10 the investment of public money in plans or parts of plans
11 which meet the objectives established by the council.
12 (7) To implement mechanisms to secure appropriate input
13 from service providers in the development of polices, local
14 performance measures or investment strategies.
15 (8) To establish and maintain a universally accessible
16 information access system which enables the system to
17 function and serve its customers effectively.
18 (9) To contract or develop written agreements or
19 memoranda of understanding with participating agencies for
20 the administration and management of workforce investment
21 programs and activities under the responsibility of the
22 council.
23 (10) To provide technical assistance to local workforce
24 investment boards to assist them in maximizing the return on
25 investment of public money.
26 (11) To set the criteria for local career development
27 market places and service provider participation, to adopt an
28 official system logo designation and to develop a systemwide
29 marketing program.
30 (12) To certify local workforce investment boards, by
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1 giving consideration to:
2 (i) The proposed board's capability to effectively
3 monitor and assure collaboration of workforce investment
4 programs.
5 (ii) The proposed board's capacity to monitor and
6 assure collaboration of the workforce investment programs
7 in accordance with the Workforce Investment Act (Public
8 Law 105-220, 112 Stat. 936).
9 (iii) The portion of the labor market or
10 geographical area to be served by the proposed board.
11 (13) To recommend necessary action when a local
12 workforce investment board fails to act, acts improperly or
13 fails to meet the conditions of its unified local workforce
14 investment plan in which Federal or State funds have been
15 invested.
16 (14) To recognize the potential of citizens, employers
17 and communities in this Commonwealth by affirming the
18 continued existence and independence of all current funding
19 streams and programs for persons with disabilities while
20 ensuring that employment-related programs for individuals
21 with disabilities operate efficiently.
22 (15) To assess the economic and workforce needs of this
23 Commonwealth and to develop a unified workforce investment
24 system that builds on available services and resources to
25 effectively meet these Statewide needs.
26 (16) To establish cooperative and collaborative
27 relationships with other states' workforce investment system
28 governing bodies.
29 (17) To assure the implementation of Federal and State
30 statutory mandates that fall within the purview of the
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1 system.
2 (18) To promulgate regulations that are reasonable,
3 necessary and suitable to carry out this act.
4 (19) To compile an annual report that shall be submitted
5 to each member to the General Assembly by March 1 of each
6 year and that the report shall include:
7 (i) An explanation of the process used to negotiate
8 the level of State performance.
9 (ii) The level of State performance achieved by
10 referring to the State performance measures set forth in
11 section 304.
12 (iii) The anticipated course of actions to be taken
13 by the council to encourage continuous improvement in the
14 system.
15 (iv) A list of the membership of the council,
16 including name, affiliation, address, telephone number,
17 fax number and e-mail address.
18 (v) An explanation of the process used to negotiate
19 levels of local performance.
20 (vi) A list of all certified local workforce
21 investment boards in this Commonwealth, including each
22 board's negotiated level of local performance, each
23 board's level of performance attained and the action
24 taken with respect to any board that failed to meet its
25 negotiated level of local performance.
26 (vii) A copy of the annual report submitted by each
27 local workforce investment board to the council.
28 Section 304. State performance measures.
29 (a) General rule.--State performance measures for the
30 Commonwealth shall consist of the indicators set forth in this
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1 section, and the council shall have a duty to monitor compliance
2 with the State performance measures.
3 (b) Core indicators of performance.--The core indicators of
4 performance for employment and training activities shall consist
5 of:
6 (1) Entry into unsubsidized employment.
7 (2) Retention in unsubsidized employment six months
8 after entry into the employment.
9 (3) Earnings received in unsubsidized employment six
10 months after entry into the employment.
11 (4) Attainment of a recognized credential relating to
12 achievement of educational skills, that may include
13 attainment of a secondary school diploma or its recognized
14 equivalent, or occupational skills, by participants who enter
15 unsubsidized employment or by participants who are eligible
16 youth between the ages of 19 years old and 21 years old and
17 who enter postsecondary education, advanced training or
18 unsubsidized employment.
19 (c) Customer satisfaction indicator of performance.--The
20 customer satisfaction indicator of performance shall consist of
21 customer satisfaction of employers and participants services
22 received from workforce investment activities and may be
23 measured through surveys conducted after the conclusion of
24 participation in workforce investment activities. Customer
25 satisfaction may be measured through surveys conducted after the
26 conclusion of participation in the workforce investment
27 activities.
28 CHAPTER 5
29 LOCAL WORKFORCE INVESTMENT BOARDS
30 Section 501. Establishment.
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1 (a) Approval by Governor.--
2 (1) The Governor shall automatically approve any request
3 for designation as a local area:
4 (i) From any unit of local government with a
5 population of 500,000 or more.
6 (ii) Of the area served by a rural concentrated
7 employment program grant recipient of demonstrated
8 effectiveness that served as a service delivery area or
9 substate area under the Job Training Partnership Act
10 (Public Law 97-300, 29 U.S.C. § 1501 et seq.), if the
11 grant recipient has submitted the request.
12 (2) The Governor shall approve any request, made not
13 later than the date of submission of the initial State plan,
14 for temporary designation as a local area from any unit of
15 general local government, including a combination of such
16 units, with a population of 200,000 or more and that was a
17 service delivery area under the Job Training Partnership Act
18 on the effective date of the Workforce Investment Act (Public
19 Law 105-220, 112 Stat. 936), if the Governor determines that
20 the local area:
21 (i) Performed successfully, in each of the last two
22 years prior to the request for which data are available,
23 in the delivery of services to participants under Part A
24 or Title II and Title III of the Job Training Partnership
25 Act.
26 (ii) Has sustained the fiscal integrity of the funds
27 used by the local area to carry out activities.
28 (3) A temporary designation period under paragraph (2)
29 shall be not more than two years. The temporary designation
30 period shall be extended for an additional three years, if
19980H2915B4043 - 19 -
1 the local area substantially met the local performance
2 measures for the local area and sustained the fiscal
3 integrity of the funds used by the area to carry out
4 activities.
5 (4) No local workforce investment board shall operate
6 unless and until a written request is submitted to the
7 council and is certified under section 303(12).
8 (b) Purpose.--The purpose of each local workforce investment
9 board shall be to promote effective workforce investment
10 programs in a geographic area consistent with labor market or
11 standard metropolitan statistical areas and areas in which
12 related services are provided under Federal and State programs.
13 (c) Accountability.--Each local workforce investment board
14 shall be accountable for the proper administration of any
15 workforce investment funds it receives.
16 Section 502. Membership.
17 (a) Composition.--
18 (1) Each local workforce investment board shall be made
19 up of at least a majority of private sector representatives
20 and shall include representatives from employers in the
21 regions with key industry clusters or economic sectors, both
22 critical and emerging, and an appropriate mix of small,
23 medium and large firms adequately representing, to the extent
24 possible, urban, suburban and rural interests. Each local
25 workforce investment board shall also include representatives
26 from organized labor or other representatives of employees,
27 representatives of local educational entities,
28 representatives of economic development agencies,
29 representatives of the Team Pennsylvania Career Link center
30 and individuals representing community groups or
19980H2915B4043 - 20 -
1 organizations and may also include other individuals or
2 representatives of entities as may be deemed appropriate.
3 (2) The membership shall select a chairperson from the
4 private sector representatives.
5 (3) Each local workforce investment board may hire
6 limited staff for the management of the Commonwealth's
7 investment in the local workforce investment board.
8 (b) Manner of appointment.--Each member of a local workforce
9 investment board shall be appointed by the county or counties
10 that participate in the board as follows:
11 (1) If only one county participates on the board, the
12 chief elected executive official shall appoint the members.
13 (2) If two or more counties participate on the board,
14 the chief elected executive official of each county shall
15 appoint members in accordance with a written agreement of the
16 counties in the local area.
17 Section 503. Powers and duties.
18 (a) General rule.--A local workforce investment board shall,
19 in order to develop and implement a unified workforce investment
20 plan for the investment and utilization of private and public
21 resources to meet the current and future workforce investment
22 needs of its region in furtherance of sections 102 and 104, have
23 the following powers and duties:
24 (1) To organize and elect a chairperson.
25 (2) To assess the economic and workforce needs of the
26 area and to develop a unified plan that builds on available
27 services and resources to effectively meet the workforce and
28 economic needs of the area.
29 (3) To implement mechanisms to secure appropriate input
30 from providers in the development of policies, performance
19980H2915B4043 - 21 -
1 standards or investment strategies.
2 (4) To assist in the development of and collaborate with
3 local career development marketplaces.
4 (5) To develop, adopt and assure adherence to local
5 performance standards, quality assurance metrics and
6 standards and applied operating principles, which are
7 consistent with systemwide criteria.
8 (6) To establish cooperative and collaborative
9 relationships with other local workforce investment boards
10 and with workforce investment system governing bodies of
11 other states.
12 (7) To use local workforce investment funds to purchase
13 for customers, under an agreement of mutual responsibility,
14 any of the following services:
15 (i) Facilitated assistance.
16 (ii) Lifelong learning.
17 (iii) Work support services or activities.
18 (8) To invest local workforce investment funds in
19 customers, who are eligible to receive the funds under
20 applicable law or regulation, for the purchase of facilitated
21 assistance, lifelong learning or work support services or
22 activities under an agreement of mutual responsibility.
23 (b) Unified workforce investment plan.--Each local workforce
24 investment board shall submit for approval a five-year unified
25 workforce investment plan to the chief elected executive officer
26 in the county or counties served by the board, and after that
27 approval is obtained the board shall submit the plan to the
28 council for its approval. The unified workforce investment plan
29 shall be developed through a process that includes the
30 opportunity for participation by current and potential customers
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1 and service providers and shall include the following:
2 (i) An explanation of how the investment of public
3 funds complements and is not a substitute for the
4 investment of private funds.
5 (ii) A description of how the plan supports and
6 seeks to accomplish the objectives established by the
7 council and by the local workforce investment board.
8 (iii) A description of how the plan will further the
9 Commonwealth's work placement requirements for Federal
10 and State transition support programs.
11 (iv) An explanation of how the plan meets the
12 current and future workforce and economic needs of the
13 local area, including the following:
14 (A) Employment and training priorities and
15 objectives based on an analysis of local labor market
16 needs and critical success factors.
17 (B) Needs of job seekers and employers.
18 (C) Potential for utilizing workplaces as
19 locations for education and training.
20 (D) Incentives or motivation to encourage job
21 seekers and employees to obtain needed skills and
22 knowledge.
23 (E) Work-placement requirements for Federal and
24 State welfare programs.
25 (F) Furthering the region's economic development
26 strategy.
27 (v) An accounting of the return on investment and
28 other local performance standards and criteria.
29 (vi) An accounting of the types of products or
30 services to be purchased and the process used to secure
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1 those products or services. This subparagraph includes
2 assessment, testing, education, training, job
3 development, job placement, transitional or work support
4 services, acquired through the use of direct purchase,
5 vouchers, performance-based contracting or other
6 effective methods.
7 (vii) A description of eligible service providers
8 and the types of services to be provided.
9 (viii) The total amount of Federal, State and local
10 funds for which the board is responsible.
11 (ix) The submission of an annual report to the
12 council by a deadline to be determined by the council.
13 The report shall include a list of the membership of the
14 local workforce investment board including the name,
15 affiliation, address, telephone number, fax number and e-
16 mail address, the negotiated local level of performance,
17 the level of performance achieved, including an analysis
18 of its strengths and weaknesses, programs participated in
19 and a list of the local eligible service providers.
20 Section 504. Local performance measures.
21 (a) General.--Local performance measures shall consist of
22 the indicators set forth in this section.
23 (b) Core indicators of performance.--The core indicators of
24 performance for employment and training activities shall consist
25 of:
26 (1) Entry into unsubsidized employment.
27 (2) Retention in unsubsidized employment six months
28 after entry into the employment.
29 (3) Earnings received in unsubsidized employment six
30 months after entry into the employment.
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1 (4) Attainment of a recognized credential relating to
2 achievement of educational skills, that may include
3 attainment of a secondary school diploma or its recognized
4 equivalent, or occupational skills, by participants who enter
5 unsubsidized employment or by participants who are eligible
6 youth between the ages 19 years old and 21 years old who
7 enter postsecondary education, advanced training or
8 unsubsidized employment.
9 (c) Customer satisfaction indicator of performance.--The
10 customer satisfaction indicator of performance shall consist of
11 customer satisfaction of employers and participants services
12 received from workforce investment activities and may be
13 measured through surveys conducted after the conclusion of
14 participation in workforce investment activities. Customer
15 satisfaction may be measured through surveys conducted after the
16 conclusion of participation in the workforce investment
17 activities.
18 CHAPTER 7
19 IMPLEMENTATION
20 Section 701. Replacement of State Job Training Coordinating
21 Council.
22 The Pennsylvania Human Resources Investment Council shall
23 replace the State Job Training Coordinating Council.
24 Section 702. Continuation of Pennsylvania Human Resources
25 Investment Council.
26 The Pennsylvania Human Resources Investment Council
27 established by this act shall be deemed a continuation of the
28 Pennsylvania Human Resources Investment Council, as part of Team
29 Pennsylvania, established by Executive Order No. 1997-7
30 (relating to Pennsylvania Human Resources Investment Council).
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1 CHAPTER 9
2 MISCELLANEOUS PROVISIONS
3 Section 901. Construction.
4 This act, being necessary for the welfare of this
5 Commonwealth and its citizens, shall be liberally construed to
6 effect its purposes.
7 Section 902. Regulations abrogated.
8 As much of the appendix to 4 Pa. Code Ch. 9 Subch. B
9 (relating to organizational charts) as relates to the State Job
10 Training Coordinating Council is abrogated.
11 Section 903. Severability.
12 The provisions of this act are severable. If any provision of
13 this act or its application to any person or circumstance is
14 held invalid, the invalidity shall not affect other provisions
15 or applications of this act which can be given effect without
16 the invalid provision or application.
17 Section 904. Effective date.
18 This act shall take effect in 60 days.
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