THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GERGELY, BELFANTI, SOLOBAY, THOMAS, BRADFORD, BRENNAN, BRIGGS, CALTAGIRONE, DePASQUALE, DERMODY, DeWEESE, DONATUCCI, FREEMAN, GIBBONS, GOODMAN, JOSEPHS, KORTZ, KULA, LENTZ, LONGIETTI, MANN, MARSHALL, McCALL, MUNDY, PARKER, PRESTON, READSHAW, SIPTROTH  SEIP, GEIST, EACHUS, WHITE, MATZIE, SAINATO, MARKOSEK, PASHINSKI, MURPHY, WAGNER, HORNAMAN, BOYD, DiGIROLAMO AND K. SMITH, FEBRUARY 19, 2010

AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 9, 2010   

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 11

INDUSTRY PARTNERSHIPS

Section 1101.  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 that 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 that have a

significant presence in a targeted industry cluster, are in

demand by employers and pay 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 that brings together

multiple employers and workers, or worker representatives when

appropriate, in a targeted industry cluster to address common

workforce needs.

"Industry partnership performance improvement and evaluation

system."  The evaluation system established under section 1107.

"Participating agencies."  Any agencies 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 1102.  Industry clusters.

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

shall work with businesses, industry 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

Commonwealth's or the region's economic development.

(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 Commonwealth's and

region's economy.

(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

that will guide workforce and educational investments by the

department and participating agencies.

Section 1103.  Grant program.

(a)  Establishment.--There is established a grant program, to

be administered by the department, to provide funding from funds

appropriated for this purpose to industry partnerships.

(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,

especially 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,

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business-education partnerships, intermediate units,

secondary and postsecondary educational institutions, parents

and career counselors 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, such as 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 potential employees from a diverse job-seeker

base, including individuals with barriers to employment, such

as job seekers who are economically disadvantaged, youth,

older workers, ex-offenders and others.

(9)  Assist in strengthening connections among businesses

in industry clusters, leading to cooperation beyond workforce

issues that would improve competitiveness and job quality,

such as joint purchasing, market research or centers for

technology and innovation.

Section 1104.  Grant program operation.

In order to receive grant funding under this section, an

industry partnership shall, 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 1105.  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 1106.  Grant period.

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

months and not more than 24 months. Grantees may apply to renew

the grant.

Section 1107.  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 provided 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 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.

(2)  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.

(3)  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

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 ???? 

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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 and high-priority occupations.

(4)  The Department of Public Welfare shall:

(i)  Create and maintain innovative programs that

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 that

provide TANF clients with information to guide their

education and training plans.

(iv)  Collect and share employment information with

the department.

Section 1108.  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 all of the following:

(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 that may lead to

changes in the targeted industry clusters.

(3)  Maintaining and updating the annual list of the

Commonwealth's high-priority occupations.

(4)  Providing the most current available analysis of

high-priority occupations for the purpose of determining

trends that may lead to adjustments to the list.

Section 1109.  Industry partnership performance improvement and

evaluation system.

The department shall develop and implement an evaluation and

performance improvement system that 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.

(vi)  Any other information deemed relevant by the

department.

(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.