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A00726
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
723
Session of
2021
INTRODUCED BY MIZGORSKI, SAYLOR, SCHLEGEL CULVER, MILLARD,
STAMBAUGH, CIRESI AND HILL-EVANS, MARCH 2, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 2, 2021
AN ACT
Amending the act of December 18, 2001 (P.L.949, No.114),
entitled "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 for industry
partnerships; establishing the Keystone Works Program; and
authorizing local workforce investment boards," further
providing for title of act; in preliminary provisions,
further providing for declaration of policy, for definitions
and for lobbying; in board, further providing for
establishment, for membership, for conflicts of interest, for
plan, functions and responsibilities and for State
performance management system and providing for performance
accountability system; in local workforce investment areas
and boards, further providing for establishment, for
membership, for conflicts of interest, for plan, functions
and responsibilities and for local performance measures; in
critical job training grants, further providing for purpose,
for definitions, for program operation and for grants; in
workforce leadership grants, further providing for innovative
programs; in industry partnerships, further providing for
industry clusters, for grant program operation and for
interdepartmental cooperation; in miscellaneous provisions,
further providing for construction; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The title and sections 102(1), (4)(iv) and (5),
103, 104, 301, 302(a)(3)(i), (iii) and (vi) and (4), (b), (f)
and (i), 303(2), 304(a)(1), (2), (7), (8), (10), (11), (12),
(13), (14), (18), (18.1) and (19) and (b) and 305.1 102(4)(iv)
and (5), 103, 104 and 301 of the act of December 18, 2001
(P.L.949, No.114), known as the Workforce Development Act, are
amended to read:
AN ACT
Establishing a unified workforce [investment] development
system; restructuring certain administrative functions,
procedures and entities; transferring workforce development
functions of Commonwealth agencies; establishing the
Pennsylvania Workforce [Investment] Development Board;
providing for critical job training grants, [for guarantees]
for program quality and performance for workforce development
programs, for workforce leadership grants and for industry
partnerships; [establishing the Keystone Works Program;] and
authorizing local workforce [investment] development boards.
Section 102. Declaration of policy.
The General Assembly finds and declares as follows:
(1) It is the intent of this act to address more
effectively the potential of citizens, employers and
communities in this Commonwealth by doing all of the
following:
(i) Recognizing that the skills and knowledge of the
Commonwealth's workforce are the keys to providing
enhanced opportunities for individuals and economic
competitive advantages for businesses and communities.
(ii) Providing for more efficient and coordinated
administration of workforce [investment] development
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activities.
(iii) Promoting the coordination and integration of
workforce [investment] development, economic development
and education policies for eligible youth, postsecondary
education and adult education.
* * *
(4) Achievement of a world-class workforce in this
Commonwealth is best accomplished through a unified system
which is dedicated to and operates in adherence with the
following basic philosophy and core values:
* * *
(iv) Stewardship of public resources, emphasizing
private sector solutions to workforce [investment]
development goals supplemented by public/private
partnerships and limited government involvement when
necessary.
* * *
(5) This act enables the Commonwealth to participate in
the program under the [Workforce Investment Act of 1998
(Public Law 105-220, 112 Stat. 936)] Workforce Innovation and
Opportunity Act (Public Law 113-128, 128 Stat. 1425).
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania Workforce [Investment] Development
Board established in section 301.
"Certification." An approval issued by the Governor, upon
recommendation by the board, to a local workforce [investment]
development board which satisfies the eligibility requirements
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established by the Governor, upon recommendation by the board.
"Chief elected official." [Any of the following:
(1) The mayor of a city of the first class.
(2) The mayor of a city of the second class.
(3) The chairperson of the board of commissioners of a
county or an individual acting in that capacity.
(4) The county executive in a home rule charter county
or optional plan county under 53 Pa.C.S. Pt. III Subpt. E
(relating to home rule and optional plan government).
(5) The county executive in a county of the second class
which has opted for home rule under Article XXXI-C of the act
of July 28, 1953 (P.L.723, No.230), known as the Second Class
County Code.]
(1) The chief elected executive officer of a political
subdivision designated as a local workforce development area.
(2) If a local workforce development area includes more
than one political subdivision, the chief elected officials
in the local workforce development area may execute an
agreement that specifies the respective roles of each chief
elected official in the appointment of the members of a local
workforce development board and in carrying out
responsibilities assigned to the officials under this act or
the Workforce Innovation and Opportunity Act, including the
respective roles of each chief elected official in the
appointment of members of a local workforce development
board.
"Core program." Any of the following:
(1) The provisions of Title I, Subtitle B, Chapters 2
and 3 and Title II of the Workforce Innovation and
Opportunity Act.
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(2) The provisions of sections 1 through 13 of the
Wagner-Peyser Act of 1933 (Public Law 73-30, 48 Stat. 113).
(3) The provisions of Title I of the Rehabilitation Act
of 1973 (Public Law 93-112, 29 U.S.C. § 720 et seq.), other
than section 112 or Part C (29 U.S.C. § 732, 741).
"Customer." Any employer, job seeker or incumbent worker who
wishes to engage in workforce [investment] development
activities which fall within the purview of this act or any
other individual not precluded under the Workforce Innovation
and Opportunity Act. The term does not include a service
provider.
"Customized training." Training which is designed to meet
the special requirements of an employer, including a group of
employers, and which is conducted with a commitment by the
employer to employ an individual on successful completion of the
training[.] for which the employer pays:
(1) A significant portion of the cost of training as
determined by the local workforce development board involved,
taking into account the size of the employer and other
factors as the local workforce development board determines
to be appropriate, which may include the number of employees
participating in training, wage and benefit levels of those
employees, at present and anticipated upon completion of the
training, relation of the training to the competitiveness of
a participant and other employer-provided training and
advancement opportunities.
(2) In the case of an employer located in multiple areas
of this Commonwealth, a significant portion of the cost of
the training, as determined by the Governor, taking into
account the size of the employer and other factors as the
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Governor determines to be appropriate.
"Eligible youth." An individual who:
(1) is not less than 14 years of age and not more than
[21] 24 years of age;
[(2) is a low-income individual; and
(3) is an individual who is:
(i) deficient in basic literacy skills;
(ii) a school dropout;
(iii) homeless;
(iv) a runaway or a foster child;
(v) pregnant or a parent;
(vi) an offender; or
(vii) in need of additional assistance to complete
an educational program or to secure and hold employment.]
and
(2) is one of the following:
(i) an "out-of-school youth" as defined in section
129(a)(1)(B) of the Workforce Innovation and Opportunity
Act; or
(ii) an "in-school youth" as defined in section
129(a)(1)(C) of the Workforce Innovation and Opportunity
Act.
"Employment." Work that is employer based or
entrepreneurial.
"Information access." An information system which:
(1) makes use of a combination of technologies and means
of access;
(2) is readily identifiable and easily accessible; and
(3) enables the sharing of workforce investment
information across all parts of the unified system and is
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available to all customers.
"Lifelong learning." Formal and informal learning and
training activities, as well as work experience, which develop
the knowledge and the learning skills of students and customers
to enhance learning, employability and the quality of life for
each individual in society.
"Local plan." A comprehensive four-year local plan as
specified in section 108 of the Workforce Innovation and
Opportunity Act.
"Local workforce [investment] development area." An area
designated [by the Governor, through consultation with the board
and the chief elected officials, to further the goals and
purpose of this act] under section 501.
"Local workforce [investment] development board." [An entity
recommended for certification by the board, certified by the
Governor and organized to further the goals and purpose of this
act.] A local workforce development board established under
section 501.
"One-stop delivery system." A one-stop collaborative network
of service providers designed to deliver to customers high-
quality information access, lifelong learning, transitional or
work support services or activities and economic investment
services and activities at a county or multicounty level.
"Participating agencies." All of the following:
(1) The Department of Aging.
(2) The Department of Community and Economic
Development.
(3) The Department of Education.
(4) The Department of Labor and Industry.
(5) The Department of [Public Welfare] Human Services.
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(6) Any agency which oversees and monitors funds
appropriated by the Federal Government and designated by the
Governor or funds specifically appropriated by the General
Assembly for workforce [investment] development which falls
under the authority of the board.
"Planning region." Regions as provided under section 106(a)
(2)(B) of the Workforce Innovation and Opportunity Act.
"Regional plan." A plan for a planning region as provided
under section 106(c)(2) of the Workforce Innovation and
Opportunity Act.
"School entity." A public school district, intermediate unit
or area vocational-technical school.
"Service provider." Any individual, partnership or
corporation, secondary or postsecondary educational institution
or intermediate unit or public agency that engages in the
business of providing workforce [investment] development
services and activities for monetary remuneration.
"State plan." A unified state plan under section 102 of the
Workforce Innovation and Opportunity Act or a combined state
plan under section 103 of the Workforce Innovation and
Opportunity Act.
"Transitional support." Wage loss or subsistence programs,
such as public assistance, unemployment compensation and
workers' compensation, which are designed to provide temporary
income during a defined interim period to enable a customer to
pursue employment opportunities and to obtain and engage in
employment.
"Unified system." The system for the delivery of workforce
[investment] development programs to [assure] encourage a well-
educated, highly skilled workforce for this Commonwealth.
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"Work support." Assistance which helps a customer secure and
maintain employment, such as assistance in securing child care,
transportation, vocational rehabilitation goods or services or
case management.
"Workforce development." Information access and lifelong
learning activities. The term includes vocational education
programs; programs in community colleges, technical colleges and
postsecondary education institutions authorized to grant
diplomas and certificates, specialized associate, associate,
baccalaureate and advanced degrees; and transitional support and
work support services or activities which enable customers to
engage in or prepare for employment opportunities.
"Workforce Innovation and Opportunity Act." The Workforce
Innovation and Opportunity Act of 2014 (Public Law 113-128, 128
Stat. 1425).
["Workforce investment activity." [Workforce development.]]
An employment and training activity or a youth workforce
investment activity.
"Youth activity." An activity which is carried out for
eligible youths.
Section 104. Lobbying.
An individual who is registered as a lobbyist under 65
Pa.C.S. Ch. 13 (relating to lobby regulation and disclosure) may
not serve as a member of the board or as a member of a local
workforce [investment] development board.
Section 301. Establishment.
The Pennsylvania Workforce [Investment] Development Board is
established to advise and assist the Governor and the General
Assembly on the implementation of a unified system to assure a
well-educated, highly skilled workforce. The board is
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responsible for unifying the Commonwealth's existing Federal and
State workforce [investment] development programs into an
integrated system. All recommendations and decisions of the
board shall be in compliance with the [Workforce Investment Act
of 1998 (Public Law 105-220, 112 Stat. 936)] Workforce
Innovation and Opportunity Act.
Section 2. Section 302(a)(3)(i), (iii) and (vi) and (4),
(b), (f) and (i) of the act are amended and subsection (a) is
amended by adding a paragraph to read:
Section 302. Membership.
(a) General rule.--The board shall be established as
follows:
* * *
(3) Representatives appointed by the Governor [who are:]
as follows follows:
(i) [Representatives] A majority shall be
representatives of business[, including] who:
(A) Are private sector employers,
representatives from each of the Commonwealth's
marketing regions, owners of businesses, chief
executive officers, other business executives with
optimum policymaking or hiring authority[, members of
local workforce investment boards] and businesses
that reflect the employment opportunities in this
Commonwealth, including large and small employers.
Members under this clause may be members of a local
workforce development board.
(B) Represent businesses, including small
businesses, or organizations representing businesses
described in clause (A), which provide employment
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opportunities that, at a minimum, include high-
quality, work-relevant training and development in
in-demand industry sectors or occupations in this
Commonwealth.
(C) Are appointed among individuals nominated by
State business organizations and trade associations.
* * *
(iii) [Representatives of labor organizations who
have been nominated by State labor federations.] At least
20% of representatives appointed under this paragraph
shall be representatives of the workforce within this
Commonwealth who:
(A) Shall include representatives of labor
organizations who have been nominated by Pennsylvania
labor federations.
(B) Shall include a representative who is a
member of a labor organization or a training director
from a joint labor-management apprenticeship program
or, if no joint labor-management apprenticeship
program exists in this Commonwealth, a representative
of an apprenticeship program in this Commonwealth.
* * *
(vi) Lead Commonwealth agency officials, including:
(A) The Secretary of Aging.
(B) The Secretary of Community and Economic
Development.
(C) The Secretary of Education.
(D) The Secretary of Labor and Industry.
(E) The Secretary of [Public Welfare] Human
Services.
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(F) The Director of the Governor's Policy
Office.
* * *
[(4) A majority of the board under this subsection must
be representatives of business.]
(3.1) No individual shall serve as a member representing
more than one of the categories described under section
101(b)(1)(C) of the Workforce Innovation and Opportunity Act.
* * *
(b) Chairperson.--The Governor shall designate, to serve at
the Governor's pleasure, a [member from the private sector]
representative of business to serve as chairperson of the board
[and one government representative to serve as vice chairperson
of the board].
* * *
(f) Executive committee.--An executive committee that
includes representation from [the private sector] business may
be established and authorized under the board within the
provisions of the Workforce Innovation and Opportunity Act to
fulfill the board's responsibilities. The organization framework
may utilize existing staff structure or develop its own staffing
arrangement.
* * *
(i) Personnel, equipment, resources.--The policy and program
offices of the Department of Aging, the Department of Community
and Economic Development, the Department of Education, the
Department of Labor and Industry and the Department of [Public
Welfare] Human Services shall provide personnel, equipment and
resources as required for the functioning of the board.
Section 3. Sections 303(2), 304(a)(1), (2), (7), (8), (10),
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(11), (12), (13), (14), (18), (18.1) and (19) and (b) and 305.1
of the act are amended to read:
Section 303. Conflicts of interest.
A member of the board may not do any of the following:
* * *
(2) Engage in any other activity determined by the
Governor to constitute a conflict of interest as specified in
the State plan or unified system.
Section 304. Plan, functions and responsibilities.
(a) General rule.--The board, in furtherance of section 102,
shall advise and assist the Governor on all of the following:
(1) Development and adoption of and adherence to,
throughout the unified system, standards, principles,
policies, goals, financial resource investment priorities and
strategies for workforce [investment] development to maintain
continuously a competitive advantage for this Commonwealth.
(2) Monitoring and assuring collaboration of the
investment of all funds specifically appropriated by the
Federal Government and designated by the Governor or funds
specifically appropriated by State government for workforce
[investment] development under any Federal or State statute.
* * *
(7) Evaluation of whether the [unified workforce
investment] local plans submitted by local workforce
[investment] development boards [consistent with local plan
requirements developed by the board. The objective of the
plans is to develop local and regional templates from which
Federal and State funds can be aligned and targeted toward
common goals and objectives.] support the strategies
described by the State plan and are consistent with the State
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plan.
(8) Securing appropriate input from local workforce
[investment] development boards in the development of
policies, local performance measures or investment
strategies.
* * *
[(10) Contracting or developing written agreements or
memoranda of understanding with participating agencies for
the administration and management of workforce investment
programs and activities under the responsibility of the
board.]
(11) Providing technical assistance to local workforce
[investment] development boards to assist them in maximizing
the investment of public money.
(12) Setting the criteria, as permitted by the Workforce
Innovation and Opportunity Act, for unified system and
service provider participation and developing a systemwide
[marketing] outreach program.
(13) Recommending certification or recertification of
local workforce [investment] development boards [by giving
consideration to all of the following:
(i) The proposed local workforce investment board's
leadership system and its capability to effectively
monitor and assure collaboration of workforce investment
programs.
(ii) The portion of the labor market or geographical
area to be served by the proposed local workforce
investment board.] under the authority provided to the
Governor by Federal law for certification or
recertification. In particular, when considering
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recertification, the extent to which the local workforce
development board has ensured that workforce investment
development activities carried out in the local area have
enabled the local area to achieve sustained fiscal
integrity, as defined in section 106(b)(2) of the
Workforce Innovation and Opportunity Act, and meet the
corresponding performance accountability measures and any
other factors deemed necessary by the Governor .
(14) Recommending necessary action, including
decertification, if a local workforce [investment]
development board fails to [act, acts improperly] carry out
its functions as specified by law, engages in fraud or abuse
or fails to meet [the conditions of its unified local
workforce investment plan in which Federal or State funds
have been invested.] established local performance
accountability measures for the local area for two
consecutive program years.
* * *
(18) [Assuring] Encouraging the implementation of
Federal and State statutory mandates which fall within the
purview of the unified system.
(18.1) Recommendations regarding the operation of the
one-stop delivery system and local workforce [investment]
development boards.
(19) Compilation of an annual report which shall be
submitted to the General Assembly, the Secretary of the
Senate and the Chief Clerk of the House of Representatives by
March 1 and which shall include all of the following:
(i) A detailed explanation of the performance
measures used and how the performance measures were
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developed.
(ii) An explanation of the process used to achieve
continuous improvement of workforce [investment]
development activities.
(iii) The anticipated course of actions to be taken
by the board to encourage continuous improvement in the
unified system.
(iv) A list of the membership of the board,
including name, affiliation, address, telephone number,
telefax number and electronic mail address.
(v) An explanation of the process used to negotiate
levels of local performance.
(vi) A list of all certified local workforce
[investment] development boards in this Commonwealth,
including each local workforce board's negotiated level
of local performance, each local workforce board's level
of performance attained and the action taken with respect
to any local workforce [investment] development board
which failed to meet its negotiated level of local
performance.
(vii) A copy of the annual report submitted by each
local workforce [investment] development board to the
board.
(viii) An accounting of Federal and State funds
expended for workforce [investment] development in the
previous fiscal year by line item and program.
(ix) A detailed explanation of the performance
measures used and how the performance measures were
developed.
(x) An explanation of the process used to achieve
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continuous improvement of workforce investment
activities.
(b) Evaluation of plans.--In order to develop an effective
system to evaluate the [unified workforce investment] local
plans submitted by local workforce [investment] development
boards, the board shall:
(1) Seek the participation of the participating agencies
to ensure that the plans integrate workforce programs.
(2) Seek the advice of local workforce [investment]
development boards to identify areas where federally and
State-funded workforce resources can be maximized in a local
region.
(3) Work with the participating agencies and local
workforce [investment] development boards to fully implement
local [workforce investment] plans.
(4) Ensure that local [workforce investment] plans
incorporate sufficient levels of community engagement,
participation and input from workforce development
partnerships.
The review of the plans shall determine the extent to which
State workforce development funds have been integrated with the
approved plan.
Section 305.1. [State performance] Commonwealth fiscal
management accountability information system.
[(a) General rule.--The board shall establish a system for
the development, oversight, modification and continuous
improvement of a comprehensive performance accountability system
that will provide effective measures of the performance and
impact of the workforce development system at the State and
local levels. The system will include input from board members,
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local workforce investment boards, operators of the one-stop
delivery system, workforce development program providers,
business and industry and the participating agencies. The system
will be designed to produce recommendations to the board, the
Governor and the General Assembly and shall function within time
frames established by the board. The system shall be
comprehensive and provide a reporting system for program funding
as established by the board. The system shall:
(1) Identify one or more State agencies responsible for
the coordination and management of data.
(2) Identify systems for tracking and reporting of
information and determining the role of the State and local
workforce investment boards.
(3) Enable the development and funding of a locally
based management information system that will provide local
workforce investment boards and the board with management
data.
(4) Enable revisions to the performance management
system.
(b) Required performance measures.--The State performance
management system shall include:
(1) Entry into unsubsidized employment.
(2) Retention in unsubsidized employment six months
after entry into the employment.
(3) Earnings received in unsubsidized employment six
months after entry into the employment.
(4) Attainment of a recognized credential relating to
achievement of educational skills, including attainment of a
secondary school diploma or its recognized equivalent, or
occupational skills by participants who enter unsubsidized
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employment or by participants who are eligible youths between
the ages of 19 and 21 and who enter postsecondary education,
advanced training or unsubsidized employment.
(5) The use of Federal funds for training services,
including activities authorized under Chapter 2 of Title II
of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. § 2101
et seq.).
(6) Guarantees for program quality and performance.
(7) Uniform program performance measures.
The required performance measures in paragraphs (1) through (5)
may be modified by the board to be aligned with common
performance measures adopted pursuant to revisions to the
Workforce Investment Act of 1998 (Public Law 105-220, 112 Stat.
936) or the adoption of common performance measures by the
Federal agencies covered by this act.
(c) Customer satisfaction.--As an indicator of performance,
customer satisfaction shall also be considered. The customer
satisfaction indicator of performance shall consist of customer
satisfaction of employers and participants with services
received from workforce investment activities. Customer
satisfaction may be measured through surveys conducted after the
conclusion of participation in the workforce investment
activities. These surveys shall include questions about whether
employers, grant recipients and participants are able to quickly
receive funding.
(d) Guarantees for program quality and performance.--
Ensuring the quality of workforce development programs is an
essential function of the board. The board shall establish one
or more quality performance guarantees for workforce development
programs under this act. A guarantee may include:
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(1) A guarantee or warranty for the training provided to
an incumbent worker, employee, job seeker or student.
(2) Successful completion of a certificate or short-term
training class or program established by a college or
university, a private licensed school established under the
act of December 15, 1986 (P.L.1585, No.174), known as the
Private Licensed Schools Act, or a local workforce investment
board.
(3) Passage of a nationally recognized or industry-
recognized certificate examination.
(4) A combination of paragraphs (1) through (3).
(5) Other requirements established by the board.
The program quality and performance guarantee shall provide for
additional education or training for persons who become employed
and are not able to perform their duties at a satisfactory
level, for employees receiving customized job training or other
training that is not satisfactory for the employer and for
students advancing to the next sequence of an integrated and
seamless secondary and postsecondary education program, as
established in section 902, who are not capable of performing at
this academic level. The board shall consult with local
workforce investment boards and program providers prior to the
adoption of the guarantees for program quality and performance.
The guarantee provisions shall be adopted by the board by June
30, 2003.] The Governor, in coordination with the board,
Commonwealth agencies administering the core programs, local
workforce development boards and chief elected officials shall
establish and operate a fiscal management accountability
information system based on guidelines established by the United
States Secretary of Labor and the United States Secretary of
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Education. Funds for the establishment and operation of the
fiscal management accountability information system shall be
money that is authorized under a core program and made available
to carry out Title I, Subtitle A, Chapter 4 of the Workforce
Innovation and Opportunity Act.
Section 2 4. The act is amended by adding a section to read:
Section 305.2. Performance accountability system.
(a) Required performance measures.--The board shall assist
the Governor in developing and updating comprehensive State
performance accountability measures to assess the effectiveness
of the core programs in this Commonwealth. The accountability
measures shall consist of the accountability measures specified
in section 116(b)(1) of the Workforce Innovation and Opportunity
Act, which are:
(1) The primary indicators of performance.
(2) Additional indicators of performance.
(3) A State-adjusted level of performance.
(b) Additional indicators of performance.--The Governor
shall may identify in the State plan the following performance
accountability indicators:
(1) The use of Federal funds for training services,
including activities authorized under Title II, Chapter 2 of
the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. § 2101 et
seq.).
(2) The customer satisfaction indicator of performance,
which shall consist of customer satisfaction of employers,
grant recipients and participants who have received services
from workforce investment activities. Customer satisfaction
may be measured through surveys conducted after the
conclusion of participation in workforce investment
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activities. Surveys under this paragraph shall include
questions about whether employers, grant recipients and
participants are able to quickly receive funding.
(3) One or more quality performance guarantees
provisions , which the Governor shall establish and which may
include:
(i) A guarantee or warranty warranty or similar
assurance of quality for the training provided to an
incumbent worker, employee, job seeker or , student or
other eligible participant .
(ii) Successful completion of a certificate or
short-term training class or program established by a
college or university, a private licensed school
established under the act of December 15, 1986 (P.L.1585,
No.174), known as the Private Licensed Schools Act , or a
local workforce development board .
(iii) Passage of a nationally recognized or
industry-recognized certificate examination.
(iv) A combination of subparagraphs (i), (ii) and
(iii).
(4) Other requirements established by the Governor.
(c) Additional education and training.--Program quality and
performance guarantees provisions shall provide for additional
education or training for individuals who were employed and are
not able to perform their duties at a satisfactory level, for
employees receiving customized job training or other training
that is not satisfactory for the employer and for students
advancing to the next sequence of an integrated and seamless
secondary and postsecondary education program, as established in
section 902, who are not capable of performing at a satisfactory
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academic level. The Governor shall consult with local workforce
development boards and program providers prior to the adoption
of the guarantees provisions for program quality and
performance.
Section 3 5. The heading of Chapter 5 and sections 501, 502,
503, 504, 505 and 701-A of the act are amended to read:
CHAPTER 5
LOCAL WORKFORCE [INVESTMENT] DEVELOPMENT AREAS AND REGIONS
AND LOCAL WORKFORCE DEVELOPMENT BOARDS
Section 501. Establishment.
(a) Areas and [local workforce investment boards] regions.--
(1) Local workforce [investment areas shall be
designated by the Governor through consultation with the
board and the chief elected officials and after consideration
of comments received through the public comment process. In
making the designation of local workforce investment areas,
the Governor shall take into consideration the following:
(i) Geographic areas served by school entities.
(ii) Geographic areas served by postsecondary
educational institutions, including community colleges
and technical colleges and area vocational-technical
schools and career technology centers.
(iii) The extent to which such local workforce
investment areas are consistent with labor market areas.
(iv) The distance that individuals will need to
travel to receive services provided in such local
workforce investment areas.
(v) The resources of such local workforce investment
areas that are available to effectively administer the
activities carried out under Federal and State law.]
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development areas shall be designated by the Governor
through consultation with the board and after consultation
with chief elected officials and local workforce development
boards and consideration of comments received through the
public comment process. The Governor shall base the
designations on considerations specified in section 106(b)(1)
(B) of the Workforce Innovation and Opportunity Act.
(1.1) The term "local workforce development area"
includes a planning region for purposes of implementation of
that provision by the corresponding local workforce
development areas in the region except if the board assists
the Governor in the development of discretionary allocation
formulas for the distribution of funds for employment and
training activities for adults and youth workforce
development activities to local workforce development areas
as permitted under section 128(b)(3) and section 133(b)(3) of
the Workforce Innovation and Opportunity Act.
(2) [Local workforce investment boards shall be
established in each local workforce investment area of this
Commonwealth, recommended for certification by the board and
certified by the Governor, to set policy for the portion of
the unified system within that local workforce investment
area. The local workforce investment boards shall work to
establish workforce development services in collaboration
with postsecondary institutions, area vocational-technical
schools and career technology centers; secondary schools,
including charter schools at these grade levels; community
colleges; and technical colleges.] Except as provided in
paragraph (3), a local workforce development board shall be
established and certified by the Governor in each local
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workforce development area to carry out the functions
described in section 504 and any functions specified for the
local workforce development board under the Workforce
Innovation and Opportunity Act or Federal provisions
establishing a core program for the local area.
(3) No local workforce [investment] development board
may conduct business unless it is certified by the Governor
under paragraph (2).
[(b) Purpose.--The purpose of each local workforce
investment board is to advise and assist the chief elected
official in the county or counties served by the local workforce
investment board by setting policy to promote effective
workforce investment programs in a designated geographic area.]
(c) Administration and liability.--
(1) The chief elected official in a local workforce
[investment] development area shall serve as the local grant
recipient for and shall be liable for any misuse of the grant
funds allocated to the local workforce [investment]
development area under Federal law or this act[.], unless the
chief elected official reaches an agreement with the Governor
for the Governor to act as the local grant recipient and the
Commonwealth assumes the liability.
(2) [The] In order to assist in administration of the
grant funds, the chief elected official [in] or the Governor,
if the Governor serves as the local grant recipient for a
local workforce [investment] development area may designate
an entity to serve as a local grant subrecipient for such
funds or as a local fiscal agent. Such designation shall not
relieve the chief elected official or the Governor of
liability for any misuse of grant funds as described in
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paragraph (1).
(3) The local grant recipient or an entity designated
under paragraph (2) shall disburse such funds for workforce
investment activities at the direction of the local board,
pursuant to the requirements of this act[.] and the Workforce
Innovation and Opportunity Act. The local grant recipient or
entity shall disburse the funds immediately on receiving the
direction from the local board.
Section 502. Membership.
(a) Composition.--The following apply:
(1) [A local workforce investment board appointed by the
chief elected official shall be as follows:] The Governor, in
partnership with the board, shall establish criteria for use
by chief elected officials in local workforce development
areas for appointment of members to local workforce
development boards. The following apply:
(i) A majority of the board's members shall be
representatives of business in the local workforce
[investment] development area who:
(A) are owners of businesses, chief executives
or operating officers of businesses and other
business executives or employers with optimum
policymaking or hiring authority;
(B) represent businesses [with], including small
businesses or organizations representing business
described in this subparagraph, that provide
employment opportunities [which reflect the
employment opportunities of] that, at a minimum,
include high-quality, work-relevant training and
development in in-demand industry sectors or
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occupations in the local workforce [investment]
development area; and
(C) are appointed from among individuals
nominated by local business organizations and
business trade associations.
(ii) [Representatives of local educational entities,
including representatives of] Board membership shall
include individuals who represent entities administering
education and training activities in the local area. The
following apply:
(A) Members under this subparagraph shall
include a representative of eligible providers
administering adult education and literacy activities
under Title II of the Workforce Innovation and
Opportunity Act and a representative of institutions
of higher education providing workforce investment
activities, including community colleges.
(B) If there are multiple eligible providers
serving the local area or multiple institutions of
higher education serving the local workforce
development area under clause (A), each member of the
local workforce development board shall be appointed
from among individuals nominated by local providers
representing the providers or institutions,
respectively.
(C) Entities administering education and
training activities shall may include representatives
of local educational agencies, local school boards,
entities providing adult education and literacy
activities, postsecondary educational institutions,
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community colleges and technical colleges[, selected
from among individuals nominated by regional].
Regional or local educational agencies, institutions
or organizations representing [such] local
educational entities may recommend representatives of
respective entities to serve as members of a local
workforce development board.
[(iii) In a local workforce investment area in which
employees are represented by labor organizations,
representatives nominated by local labor federations.
(iv) In a local workforce investment area in which
no employees are represented by labor organizations,
other representatives of employees.]
(iii) At least 20% of board members shall be
representatives of the workforce within the local area
and shall include:
(A) In a local workforce development area in
which employees are represented by labor
organizations, all of the following:
(I) Representatives nominated by local labor
federations of local labor organizations who have
been nominated by local labor federations .
(II) A member of a labor organization or a
training director from a joint labor-management
apprenticeship program or, if a joint labor-
management apprenticeship program does not exist
in the local workforce development area, a
representative of an apprenticeship program in
the local workforce development area, if an
apprenticeship program exists in the local
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workforce development area.
(B) In a local workforce development area in
which no employees are represented by labor
organizations, other representatives of employees.
(iv) (Reserved).
(v) [Representatives of] Board membership shall may
include individuals who represent community-based
organizations, which may include organizations
representing minorities, individuals with disabilities,
older workers and veterans, from a local workforce
[investment] development area in which such organizations
are present. If an organization demonstrates experience
and expertise in addressing the employment needs of
individuals with barriers to employment, including
organizations that serve veterans or that provide support
or competitive integrated employment for individuals with
disabilities, the representative of the organization
shall be included within those members under subparagraph
(iii) for purposes of determining the percentage of
members that are representatives of the workforce within
the local area.
(v.1) Board membership may include individuals who
represent organizations that have experience and
expertise in addressing the employment, training or
education needs of eligible youth. If a representative of
an organization under this clause is appointed, the
representative shall be included under subparagraph (iii)
for purposes of determining the percentage of members
that are representatives of the workforce within the
local area.
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(vi) [Representatives of] Board membership shall
include individuals who represent governmental and
economic and community development entities[.] serving
the local workforce development area and shall include:
(A) A representative of economic and community
development entities.
(B) An appropriate representative from the State
employment service office under the Wagner-Peyser Act
of 1933 (Public Law 13-30, 48 Stat. 113) serving the
local area.
(C) An appropriate representative of the
programs carried out under Title I of the
Rehabilitation Act of 1973 (Public Law 93-112, 29
U.S.C. 720 et seq.), other than section 112 or Part C
of that title (29 U.S.C. §§ 732, 741), serving the
local area.
(vii) [Representatives] Board membership shall may
include representatives of each of the one-stop delivery
system partners not otherwise specified under this
subsection.
(viii) [Other] Board membership shall include
individuals or representatives of entities as the chief
elected official in the local workforce [investment]
development area may determine [to be] appropriate.
(2) Members of the local workforce [investment]
development board must be individuals who have optimum
policymaking authority within the organizations, agencies or
other entities which they represent.
(3) The membership shall select a chairperson from [the
private sector] representatives appointed under paragraph (1)
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(i).
(4) A local workforce [investment] development board may
hire limited staff to implement the decisions of the local
workforce [investment] development board.
(b) Manner of appointment.--In accordance with the criteria
established [by the board for the Governor] under subsection (a)
(1), a member of a local workforce [investment] development
board shall be appointed [by the chief elected official of the
city, county or counties that participate in the local workforce
investment board] as follows:
(1) If the local workforce development area consists of
only one [county participates on the local workforce
investment board] political subdivision, the chief elected
official shall appoint the members.
(2) If a local workforce [investment board represents]
development area consists of more than one [county or
represents both a county and a city that comprises a separate
workforce investment area] political subdivision, the chief
elected officials of each [county and any city that comprises
a separate workforce investment area also represented by the
local workforce investment board shall] political subdivision
may enter into a detailed written agreement describing the
understanding of the [counties] political subdivisions as to
appointments, governance and oversight activities of the
[local workforce investment board under this act] chief
elected officials. If after a reasonable effort the chief
elected officials are unable to reach agreement, the Governor
may appoint the members of the local workforce [investment]
development board from individuals [so] nominated or
recommended.
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(3) In the case of an area that was designated as a
local workforce investment area in accordance with section
116(a)(2)(B) of the Workforce Innovation and Opportunity Act,
the governing body of the concentrated employment program
involved shall act in consultation with the chief elected
official in the local workforce development area to appoint
members of the local workforce development board and to carry
out any other responsibility relating to workforce investment
activities assigned to the official under this act or the
Workforce Innovation and Opportunity Act.
Section 503. Conflicts of interest.
A member of the local workforce [investment] development
board may not do any of the following:
(1) Vote on a matter under consideration by the local
workforce [investment] development board:
(i) regarding the provision of services by the
member or by an entity that the member represents; or
(ii) which would provide direct financial benefit to
the member or the immediate family of the member.
(2) Engage in any other activity determined by the
Governor to constitute a conflict of interest as specified in
the [unified system] State plan.
Section 504. Plan, functions and responsibilities.
(a) [Unified workforce investment] Local plan.--A local
workforce [investment] development board, in partnership with
the chief elected official [of the county or counties served by
the local workforce investment board], shall submit to the
Governor for approval a [unified workforce investment] local
plan. The local plan shall support the strategy described in the
State plan in accordance with section 102(b)(1)(E) of the
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Workforce Innovation and Opportunity Act, and otherwise be
consistent with the State plan. If the local area is part of a
planning region, the local workforce development board shall
comply with this section in the preparation and submission of a
regional plan. At the end of the first two-year period of the
four-year local plan, each local workforce development board
shall review the local plan and, in partnership with the chief
elected official, prepare and submit modifications to the local
plan to reflect changes in labor market and economic conditions
or in other factors affecting the implementation of the local
plan. The following apply:
(1) The [unified workforce investment] local plan shall
be developed through a process which includes the opportunity
for participation by current and potential customers [and
service providers and which], program partners, service
providers and other local area stakeholders [and which] prior
to the date on which the board submits a local plan to the
Governor for approval, the local workforce development board
shall:
(i) make available copies of a proposed local plan
to the public through electronic and other means, which
may include public hearings and local news media; and
(ii) allow members of the public, including
representatives of business, representatives of labor
organizations and representatives of education to submit
to the local workforce development board comments on the
proposed local plan, not later than the end of the 30-day
period beginning on the date on which the proposed local
plan is made available.
(1.1) The local workforce development board shall
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include with the local plan submitted to the Governor any
comments received under paragraph (1)(ii) that represent
public disagreement with the plan.
(2) The local plan shall contain, at a minimum, the
following:
(i) Information required under section 108(b) of the
Workforce Innovation and Opportunity Act.
[(1)] (ii) A description of the local workforce
[investment] development area's strategic economic and
workforce vision and [of] how the vision will be
attained.
[(2)] (iii) A description of how the local plan
supports the Commonwealth's overall mission and goals.
[(3) An analysis of the local workforce investment
area market, including projected growth industries and
declining industries.
(4)] (iv) A description of the respective roles of
the local elected officials. [and the local workforce
investment board.
(5) A description of programs for eligible youth.
(6) A description of the local workforce investment
area's one-stop delivery system.
(7) A description of the services to be provided to all
customers.
(8) A description of how, in serving the local workforce
investment area, coordination of workforce development
services and investment activities will occur with
postsecondary institutions; area vocational-technical schools
and career technology centers; secondary schools, including
charter schools at these grade levels; community colleges;
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and technical colleges.
(9) If appropriate, a description of a regional
strategic component to the local plan.
(10) If available, an analysis of regional market
trends.]
(b) Functions and responsibilities.--A local workforce
[investment board, in order to develop and implement a unified
workforce investment plan for the investment and utilization of
private and public resources to meet the current and future
workforce investment needs of its region in furtherance of
section 102,] development board has the following functions and
responsibilities:
[(1) To organize and elect a chairperson.
(2) To assess the economic and workforce needs of the
local workforce investment area and to develop a unified plan
which builds on available services and resources to
effectively meet the workforce and economic needs of the
local workforce investment area.]
(1) Functions required under section 107(d) of the
Workforce Innovation and Opportunity Act.
(2) In partnership with the chief elected official for
the local workforce development area, to develop and submit a
local plan to the Governor that meets the requirements in
this section.
(3) To implement mechanisms to secure appropriate input
in the development of policies, performance standards or
investment strategies.
(4) To [assist in the development of and collaboration
within the one-stop delivery system.
(5) To develop, adopt and assure adherence to local
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performance standards, quality assurance standards and
applied operating principles which are consistent with
criteria throughout the one-stop delivery system.
(6)] coordinate with the Governor, the board,
Commonwealth agencies administering the core program and
chief elected officials in establishing and operating a
fiscal management accountability information system under
section 305.1.
(5) To establish cooperative and collaborative
relationships with other local workforce [investment]
development boards and, if appropriate, with the [unified]
workforce development system governing bodies of other
states.
[(7) To authorize use of local workforce investment
funds, including individual training accounts, where
applicable, for eligible customers, for any of the following
services:
(i) Core services shall be available to individuals
who are adults or dislocated workers through the one-stop
delivery system and shall, at a minimum, include all of
the following:
(A) Determinations of whether the individuals
are eligible to receive assistance.
(B) Outreach; intake, which may include worker
profiling; and orientation to the information and
other services available through the one-stop
delivery system.
(C) Initial assessment of skill levels,
aptitudes, abilities and supportive service needs.
(D) Job search and placement assistance and,
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where appropriate, career counseling.
(E) Provision of employment statistics
information, including the provision of accurate
information relating to national, regional and local
labor market areas, such as:
(I) job vacancy listings in such labor
market areas;
(II) information on job skills necessary to
obtain the jobs described in subclause (I); and
(III) information relating to local
occupations in demand and the earnings and skill
requirements for such occupations.
(F) Provision of performance information and
program cost information on eligible providers of
training services, provided by program, eligible
providers of youth activities, providers of adult
education, providers of postsecondary vocational
education activities and vocational education
activities available to school dropouts under the
Carl D. Perkins Vocational and Applied Technology
Education Act (Public Law 88-210, 20 U.S.C. § 2301 et
seq.) and providers of vocational rehabilitation
program activities described in the Rehabilitation
Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et
seq.).
(G) Provision of information regarding how the
local workforce investment area is performing on the
local performance measures and any additional
performance information with respect to the one-stop
delivery system in the local workforce investment
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area.
(H) Provision of accurate information relating
to the availability of services in community
colleges, area vocational-technical schools and
career technology centers and technical colleges,
workforce development services and the availability
of work support services, including child care and
transportation, in the local workforce investment
area and referral to such services as appropriate.
(I) Provision of transitional support, including
information regarding filing claims for unemployment
compensation.
(J) Assistance in establishing eligibility for
welfare-to-work activities under section 403(a)(5) of
the Social Security Act (49 Stat. 620, 42 U.S.C. §
603(a)(5)) available in the local workforce
investment area and programs of financial aid
assistance for training and education programs that
are not funded under this act and are available in
the local workforce investment area.
(K) Follow-up services, including counseling
regarding the workplace.
(ii) Intensive services:
(A) Intensive services shall be provided to
adults and dislocated workers who:
(I) are unemployed and are unable to obtain
employment through core services;
(II) have been determined by the one-stop
delivery system operator to be in need of more
intensive services in order to obtain employment;
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or
(III) are employed but are determined by a
one-stop delivery system operator to be in need
of intensive services in order to obtain or
retain employment that allows for self-
sufficiency.
(B) Intensive services shall be provided through
the one-stop delivery system directly through one-
stop delivery system operators or through contracts
with service providers, which may include contracts
with public, private for-profit and private nonprofit
service providers, approved by the local workforce
investment board.
(C) Intensive services may include the
following:
(I) Comprehensive and specialized
assessments of the skill levels and service needs
of adults and dislocated workers, which may
include diagnostic testing and use of other
assessment tools and in-depth interviewing and
evaluation to identify employment barriers and
appropriate employment goals.
(II) Development of an individual employment
plan to identify the employment goals,
appropriate achievement objectives and
appropriate combination of services for the
participant to achieve the employment goals.
(III) Group counseling.
(IV) Individual counseling and career
planning.
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