HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BRUBAKER, GORDNER, TARTAGLIONE, FOLMER, SMUCKER, ORIE, WARD, ARGALL, ERICKSON, RAFFERTY, YAW, KASUNIC, TOMLINSON, BROWNE, WOZNIAK, ALLOWAY, COSTA, BREWSTER, BOSCOLA, GREENLEAF, SOLOBAY, PIPPY, YUDICHAK, MENSCH, LEACH, FERLO, FARNESE, FONTANA, STACK, DINNIMAN, BAKER, WASHINGTON, McILHINNEY, BLAKE AND D. WHITE, FEBRUARY 22, 2011

AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 27, 2011   

AN ACT

Amending the act of December 18, 2001 (P.L.949, No.114),

entitled, as amended, "An act establishing a unified

workforce investment system; restructuring certain

administrative functions, procedures and entities;

transferring workforce development functions of Commonwealth

agencies; establishing the Pennsylvania Workforce Investment

Board; providing for critical job training grants, for

guarantees for program quality and performance for workforce

development programs, for workforce leadership grants; and

authorizing local workforce investment boards," providing for

industry partnerships.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of December 18, 2001

(P.L.949, No.114), known as the Workforce Development Act,

amended December 16, 2002 (P.L.1930, No.224), is amended to

read:

AN ACT

Establishing a unified workforce investment system;

restructuring certain administrative functions, procedures

and entities; transferring workforce development functions of

Commonwealth agencies; establishing the Pennsylvania

Workforce Investment Board; providing for critical job

training grants, for guarantees for program quality and

performance for workforce development programs, for workforce

leadership grants, for industry partnerships; and authorizing

local workforce investment boards.

Section 2.  The act is amended by adding a chapter to read:

CHAPTER 13

INDUSTRY PARTNERSHIPS

Section 1301.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Career pathways."  An identified series of positions, work

experiences or educational benchmarks or credentials which offer

occupational and financial advancement within a specified career

field or related fields over time.

"Department."  The Department of Labor and Industry.

"High-priority occupations."  Occupations which have a

significant presence in a targeted industry cluster, are in

demand by employers and pay or lead to payment of a family-

sustaining wage.

"Industry cluster."  A group of employers closely linked by

common product or services, workforce needs, similar

technologies, supply chains or other economic ties.

"Industry partnership."  A collaboration which brings

together multiple employers and workers or, when appropriate,

worker representatives and career and technical educators, in a

targeted industry cluster to address common workforce needs.

"Industry partnership performance improvement and evaluation

system."  The evaluation system established under section 1309.

"Participating agency."  An agency under the Governor's

jurisdiction.

"TANF."  The Temporary Assistance for Needy Families program

under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et

seq.), which provides temporary assistance to needy, dependent

children and their parents or caretaker relatives.

"Targeted industry cluster."  An industry cluster identified

by the department as having a Statewide economic impact,

immediate workforce development needs and emerging or

competitive career opportunities.

Section 1302.  Industry clusters.

(a)  Identification of industry clusters.--The department

shall work with businesses, industry associations, career and

technical associations and organizations, participating

agencies, State and local workforce investment boards and

economic development entities to identify industry clusters

based on the following:

(1)  Statistics showing the competitiveness of a

potential industry cluster.

(2)  Importance of an industry cluster to the economic

development of this Commonwealth.

(3)  Identification of other employers that supply

materials, technology and services to the industry.

(4)  Research studies on industry clusters.

(5)  Any other criteria deemed relevant by the

department.

(b)  Identification of targeted industry clusters.--The

department shall work with State and regional workforce and

economic development agencies, with input from regional business

and labor leaders, to identify which industry clusters shall be

targeted for workforce and economic development investments

based on:

(1)  Importance of the cluster to the economy of this

Commonwealth and the region.

(2)  Workforce development needs.

(3)  Economic growth potential.

(4)  Competitiveness.

(5)  Employment base.

(6)  Wages, benefits and career opportunities.

(c)  Ongoing evaluation.--The department shall periodically

evaluate the targeted industry clusters to determine the need

for any changes to the targeted industry clusters.

(d)  Publication of information.--The department shall issue

by July 1 of each year, on its website, information and

statistics on the targeted industry clusters, including labor

market information highlighting the clusters. The information

shall include an occupational analysis depicting the employment

and wages within the targeted industry cluster.

(e)  List of occupations.--The department shall annually

issue a list of Statewide and regional high-priority occupations

which will guide workforce and educational investments by the

department and participating agencies.

Section 1303.  Grant program.

(a)  Establishment.--The department shall establish and

administer a grant program to provide funding to industry

partnerships from funds appropriated by the General Assembly for

the purposes of this act.

(b)  Use of grant funding.--Industry partnerships shall, to

the extent funds are available, use a grant awarded under this

section to do any of the following:

(1)  Organize businesses, employers, workers, labor

organizations and industry associations into a collaborative

structure that supports the sharing of information, ideas and

challenges common to their industry cluster.

(2)  Identify the training needs of multiple businesses,  

including skill gaps critical to competitiveness and

innovation to their industry cluster.

(3)  Facilitate economies of scale by aggregating

training and education needs of multiple employers.

(4)  Assist educational and training institutions in

aligning curricula and programs to industry demand,

particularly for high-priority occupations.

(5)  Collaborate with the PA CareerLinks, youth councils,

business-education partnerships, intermediate units,

secondary and postsecondary educational institutions,

parents, career counselors and career and technical educators

for the purpose of addressing the challenges of connecting

disadvantaged adults and youth to careers.

(6)  Assist companies in identifying and working together

to address common organizational and human resource

challenges, including recruiting new workers, retaining

incumbent workers, implementing a high-performance work

organization, adopting new technologies and fostering

experiential and contextualized on-the-job learning.

(7)  Assist in developing and strengthening career

ladders within and across companies, enabling entry-level

workers to improve skills and advance to higher-wage jobs.

(8)  Assist partner companies in industry partnerships in

attracting a diverse work force, including individuals with

barriers to employment. This shall include the economically

disadvantaged, youth, older workers, ex-offenders and the

physically and developmentally disabled.

(9)  Assist in strengthening connections among businesses

in industry clusters, leading to cooperation, beyond

workforce issues, which would improve competitiveness and job

quality, including joint purchasing, market research or

centers for technology and innovation.

Section 1304.  Grant program operation.

In order to receive grant funding under this section, an

industry partnership must, in its grant application, do all of

the following:

(1)  Show evidence of involvement of the local workforce

investment board.

(2)  Show evidence of participation of workers or labor

representatives in industry partnerships.

(3)  Provide for private sector matching funding of at

least 25% of the grant.

(4)  Commit to participate in the industry partnership's

performance improvement and evaluation system.

Section 1305.  Powers and duties.

The department shall have the following powers and duties:

(1)  Establish grant guidelines and develop grant

applications.

(2)  Develop forms and institute procedures to award

competitive grants under this section.

(3)  Establish a process to review applications.

(4)  Establish a process for providing applicants with

additional information about eligibility requirements and

assistance in preparing applications.

(5)  Provide technical assistance to grant applicants and

grantees.

(6)  Apply for grants and seek other revenue sources to

fund the industry partnership administrative and training

activities.

Section 1306.  Grant period.

The grant period shall be for a period of not less than 12

months and not more than 24 months. A grantee may apply to renew

the grant.

Section 1307.  Interdepartmental cooperation.

(a)  Oversight.--The department shall oversee the operation

of the grant program, with appropriate agency staffing support

from the participating agencies.

(b)  Assistance.--In addition to the specific departmental

duties under subsection (c), participating agencies shall assist

the department in carrying out this chapter in relation to each

agency's roles and responsibilities, including providing to the

department all information relevant to the implementation of

this chapter. The information shall include all performance

measurement information necessary to evaluate any program or

policy impacting workforce development in this Commonwealth.

(c)  Agencies.--The following agencies shall work with the

department as set forth below:

(1)  The Department of Agriculture shall:

(i)  Advise the department on the agriculture

industry and agriculture education economic development

strategies, programs and initiatives.

(ii)  Facilitate agricultural industry clusters, to

include production agriculture, at the State and local

levels to ensure accurate representation of all sectors

and inclusion of those fields typically categorized as

self-employment.

(iii)  Advise the department on career pathways

available in the rural communities of this Commonwealth

and nontraditional career pathways available to urban and

disadvantaged students and citizens.

(iv)  Work in collaboration with the department and

the Department of Education to identify emerging career

opportunities, including support in establishing career

ladders and career pathways.

(v)  Support initiatives to develop industry-

recognized credentials and new credit-bearing programs in

this Commonwealth's public and private postsecondary

institutions, especially in critical occupations.

(2)  The Department of Community and Economic Development

shall:

(i)  Advise the department of its workforce and

economic development strategies, programs and

initiatives.

(ii)  Align existing training programs with industry

partnerships.

(iii)  Make relevant business assistance programs

available to industry partnerships.

(iv)  Coordinate with the department on areas of

business retention.

(v)  Advise the department of its industry

competitiveness programs and cluster strategies.

(3)  The Department of Corrections shall:

(i)  Align training for inmates with industry

clusters and high-priority occupations and annually

review these training programs to assure that the

training programs prepare individuals for high-priority

occupations.

(ii)  Align reentry programs to take advantage of

information and career opportunities provided by industry

partnerships.

(4)  The Department of Education shall:

(i)  Work with the department to support career

pathways.

(ii)  Support innovative programs to address

literacy, including English as a second language, and

numeracy shortcomings, especially in those occupations

which are critical to targeted industry clusters and

which lead to postsecondary education and employment.

(iii)  Collaborate with the department to develop

programs and strategies to reduce barriers to adult

education.

(iv)  Coordinate career education initiatives in

middle and high schools, especially in Project 720 

schools and career and technical education programs.

(v)  Support initiatives to develop industry-

recognized credentials and new credit-bearing programs in

this Commonwealth's public and private postsecondary

institutions, especially in occupations critical to

targeted industry clusters.

(vi)  Work in collaboration with the department to

determine education and skill gaps associated with

targeted industry clusters.

(vii)  Advise and assist high-school-based career and

technical education programs to qualify develop as high-

<--

priority occupation programs.

(viii)  Within two years following the effective date

<--

of this act, regulations may be promulgated by the

Department of Education in consultation with career and

technical school administrators. The regulations shall

conform to career and technical schools' needs and assist

to align their needs with employer demands. Incentives

shall be included to increase alignment. Until this

program and regulations are in effect, secondary career

and technical schools and programs shall not be required

to meet the requirements for high-priority occupations

for program approval.

(5)  The Department of Public Welfare shall:

(i)  Create and maintain innovative programs which

connect qualified TANF clients with employment

opportunities in the targeted industry clusters.

(ii)  Support strategies to prepare TANF clients for

success in postsecondary education and training programs.

(iii)  Develop career education initiatives which

provide TANF clients with information to guide their

education and training plans.

(iv)  Collect and share employment information with

the department.

Section 1308.  Industry and labor market research.

The department shall provide the necessary industry and labor

market research to support and further develop the work of

industry partnerships, including:

(1)  Providing current data on all targeted industry

clusters.

(2)  Providing the most current available analysis of

industry employment in this Commonwealth for the purpose of

determining trends in this Commonwealth which may lead to

changes in the targeted industry clusters.

(3)  Maintaining and updating the annual list of this

Commonwealth's high-priority occupations.

(4)  Providing the most currently available analysis of

high-priority occupations for the purpose of determining

trends which may lead to adjustments to the list.

Section 1309.  Industry partnership performance improvement and

evaluation system.

The department shall develop and implement an evaluation and

performance improvement system which does all of the following:

(1)  Collects critical industry partnership information

on an annual basis or more frequently as determined by the

department, including:

(i)  What the industry partnership has learned.

(ii)  What human resource challenges were most common

within the industry partnership.

(iii)  The influence and use of technology by the

industry partnership.

(iv)  Challenges foreseen by the industry

partnership.

(v)  Industry partnership best practices.

(2)  Defines the benefits of the industry partnership and

its activities to employers, workers and communities.

(3)  Provides annual performance information to the

General Assembly, the public and workforce stakeholders.

Section 3.  This act shall take effect immediately.