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2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 31 - WORKFORCE DEVELOPMENT ACT - OMNIBUS AMENDMENTS

Universal Citation: Act of Jul. 7, 2022, P.L. 399, No. 31

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Session of 2022

No. 2022-31

HB 723

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 definitions, for industry clusters, for grant program operation, for interdepartmental cooperation and for industry and labor market research and providing for dissemination of industry and labor market research to educational institutions; in miscellaneous provisions, further providing for construction; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The title and sections 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:

* * *

(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 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.

(2) The provisions of sections 1 through 13 of the Wagner-Peyser Act (48 Stat. 113, 29 U.S.C. § 49 et seq.).

(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 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 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.

(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.

"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 (Public Law 113-128, 128 Stat. 1425).

["Workforce investment." Workforce development.]

"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 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:

(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 opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in this Commonwealth.

* * *

(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.

(D) The Secretary of Labor and Industry.

(E) The Secretary of [Public Welfare] Human Services.

(F) The Director of the Governor's Policy Office.

* * *

(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.

[(4) A majority of the board under this subsection must be representatives of business.]

* * *

(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), (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 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 recertification, the extent to which the local workforce development board has ensured that workforce 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, meet the corresponding performance accountability measures.

(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 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.

(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, 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 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:

(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 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 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 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 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 provisions, which the Governor shall establish and which may include:

(i) A warranty or similar assurance of quality for the training provided to an incumbent worker, employee, job seeker, student or other eligible participant.

(ii) Successful completion of a certificate or short-term training class or program established by a college, university or a private licensed school established under the act of December 15, 1986 (P.L.1585, No.174), known as the Private Licensed Schools Act.

(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 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 academic level. The Governor shall consult with local workforce development boards and program providers prior to the adoption of the provisions for program quality and performance.

Section 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.] 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 sections 128(b)(3) and 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.] A local workforce development board shall be established and certified by the Governor in each local 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.]

(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 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 businesses 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 occupations in the local workforce [investment] development area; and

(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 may include representatives of local educational agencies, local school boards, entities providing adult education and literacy activities, postsecondary educational institutions, 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 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 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 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.

(vi) [Representatives of] Board membership shall include individuals who represent government 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 (48 Stat. 113, 29 U.S.C. § 49 et seq.) 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 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)(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.

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 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 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 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; 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 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.

(D) Job search and placement assistance and, 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 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; 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.

(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.

(V) Case management.

(VI) Short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills and professional conduct to prepare individuals for employment or training.

(iii) Training services:

(A) Training services shall be provided to adults and dislocated workers who:

(I) have met the eligibility requirements for intensive services and who are unable to obtain or retain employment through such services;

(II) after an interview, evaluation or assessment and case management, have been determined by a one-stop delivery system operator or one-stop delivery system partner to be in need of training services and to have the skills and qualifications to successfully participate in the selected program of training services; and

(III) select programs of training services which are directly linked to the employment opportunities in the local workforce investment area involved or in another area in which the adults or dislocated workers receiving such services are willing to relocate.

(B) Training services shall be limited to individuals who are unable to obtain other grant assistance for such services, including Federal Pell Grants established under Title IV of the Higher Education Act of 1965 (Public Law 89-329, 20 U.S.C. § 1070 et seq.), or require assistance beyond the assistance made available under other grant assistance programs, including Federal Pell Grants.

(I) Occupational skills training, including training for nontraditional employment.

(II) On-the-job training.

(III) Programs which combine workplace training with related instruction, including cooperative education programs.

(IV) Training programs operated by the private sector.

(V) Skill upgrading and retraining.

(VI) Entrepreneurial training.

(VII) Job readiness training.

(VIII) Adult education and literacy activities provided in combination with services described in any of subclauses (I) through (VII).

(IX) Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.

(8)] (6) To compile an annual report [to be submitted] and to submit the report to the [board] Governor by a deadline [to be] determined by the [board] Governor. This report shall include, at a minimum:

(i) a list of the membership of the local workforce [investment] development board, including the name, affiliation, address, telephone number, telefax number and electronic mail address;

(ii) the negotiated local level of performance;

(iii) the level of performance achieved, including an analysis of the strengths and weaknesses;

(iv) the programs local workforce development area residents participated in; and

(v) a list of the local eligible service providers.

(1) The local workforce development boards and chief elected officials in each planning region as certified by the Governor under section 501(a)(2) shall engage in regional planning as specified in section 106(c)(1) of the Workforce Innovation and Opportunity Act.

(2) The Governor, after consultation with local workforce development boards and chief elected officials for the planning regions, shall require local workforce development boards and chief elected officials within a planning region to prepare, submit and obtain approval of a single regional plan as specified in section 106(c)(2) of the Workforce Innovation and Opportunity Act.

(3) To the extent specified in section 106(c)(3)(B), the term "local plan" includes a reference to the portion of the Workforce Innovation and Opportunity Act of a regional plan developed with respect to the corresponding local workforce development area and any regionwide provision of that plan that impacts or relates to the local area.

Section 505. Local performance measures.

(a) General rule.--The local [performance measures for each local workforce investment area shall include, at a minimum, the following:

(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 employment or by participants who are eligible youths between the ages 19 and 21 and who enter postsecondary education, advanced training or unsubsidized employment.

(b) 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 in services received from workforce investment activities. Customer satisfaction may be measured through surveys conducted after the conclusion of participation in the workforce investment activities.] workforce development board, the chief elected officials and the Governor shall negotiate and reach agreement on local levels of performance based on the State-adjusted levels of performance for primary indicators established under section 116(b)(3)(A) of the Workforce Innovation and Opportunity Act.

(c) School-to-Work Opportunities Act of 1994.--No funds made available under the [Workforce Investment Act of 1998 (Public Law 105-220, 112 Stat. 936)] Workforce Innovation and Opportunity Act shall be used to develop or continue programs or activities created under the School-to-Work Opportunities Act of 1994 (Public Law 103-239, 108 Stat. 568).

Section 701-A. Purpose.

The purpose of this chapter is to expand the coordination of the resources within the unified system and to enhance the leadership of the workforce [investment] development system, particularly with reference to the resources under the control and direction of the participating agencies. This grant program shall be agile, flexible and responsive to the immediate and long-term training needs of job seekers, private businesses and the workforce regions of the Commonwealth. The coordination and leveraging of resources within the workforce [investment] development system is crucial to the effective delivery of services to the employers and residents of this Commonwealth.

Section 6. The definitions of "critical job training" and "eligible applicant" in section 702-A of the act are amended to read:

Section 702-A. 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:

"Critical job training." Training for dislocated workers [and], underemployed workers and other customers for occupations with immediate skill needs or for high-demand jobs or jobs with a shortage of skilled workers, as identified by the [Pennsylvania Workforce Investment Board] board and the participating agencies.

* * *

"Eligible applicant." Providers of workforce services and activities, including, but not limited to, public agencies, nonprofit organizations and private providers; a local education agency; an industrial resource center; an economic development organization certified by the Department of Community and Economic Development; a greenhouse; a private company; a labor organization[; a local workforce investment board].

* * *

Section 7. Sections 703-A, 704-A(a)(3), (b), (d) and (e) and 902(a)(2) of the act are amended to read:

Section 703-A. Program operation.

The board shall oversee the operation of this program, with appropriate agency staffing support as determined by the participating agencies and the Governor. The board shall work with the participating agencies and local workforce [investment] development boards to identify sources of Federal and State funds to be used for these grants. The board shall recommend procedures for the award of grants to eligible applicants for projects that are consistent with the criteria set forth in section 704-A.

Section 704-A. Grants.

(a) Single application.--There shall be a single multiagency application for the grants awarded under this chapter. An application must demonstrate:

* * *

(3) How the training will support [growth industries] existing and in-demand industry sectors and occupations within this Commonwealth which are identified in the strategic plan of the local workforce [investment] development board or by industry clusters identified by the participating agencies and the [Pennsylvania Workforce Investment Board] board.

* * *

(b) Applications and guidelines.--The participating agencies, in consultation with the board and local workforce [investment] development boards, shall develop grant applications, establish guidelines, develop forms and institute such procedures, including the utilization of participating agency resources, as may be necessary to implement the provisions of this chapter.

* * *

(d) Limitations.--A local workforce [investment] development board, a certified economic development organization and a greenhouse may not serve as a training provider for these grants.

(e) Board recommendations.--Beginning October 1, 2003, and each year thereafter, the board may recommend changes in the operation and funding of the program to the Governor and the General Assembly. The recommendations shall be made after the board consults with local workforce [investment] development boards, secondary schools and postsecondary institutions.

Section 902. Innovative programs.

(a) Program content.--An innovative program shall address one of the following:

* * *

(2) Assistance to local workforce [investment] development areas to establish or expand a comprehensive delivery system of workforce development services, particularly with degree-granting programs.

* * *

Section 8. The definitions of "high-priority occupations" and "targeted industry cluster" in section 1301 of the act are amended and the section is amended by adding definitions to read:

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:

* * *

"Educational institution." Each school district, charter school, cyber charter school, career and technical center and public institution of higher education in this Commonwealth.

"Forward-facing employment data." Data on current and projected employment opportunities within this Commonwealth, including factors such as geographical location or required training and experience for such opportunities.

"High-priority occupations." Occupations which have or are projected to 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.

* * *

"Public institution of higher education." Any of the following:

(1) A community college which is an institution created under Article XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or the act of August 24, 1963 (P.L.1132, No.484), known as the Community College Act of 1963.

(2) A State-owned institution which is part of the State System of Higher Education pursuant to Article XX-A of the Public School Code of 1949.

(3) A State-related institution which includes The Pennsylvania State University, including the Pennsylvania College of Technology, the University of Pittsburgh, Temple University and Lincoln University.

(4) Thaddeus Stevens College of Technology.

(5) A rural regional college, as defined under section 1903-G of the Public School Code of 1949.

* * *

"Targeted industry cluster." An industry cluster identified by the department as having or being projected to have a Statewide economic impact, immediate workforce development needs [and] or emerging or competitive career opportunities.

Section 9. Sections 1302, 1304(1), 1307(c) and 1308 of the act are amended to read:

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] development 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 current or future 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.

(4.1) Forward-facing employment data compiled by the department.

(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] Current and projected workforce development needs.

(3) Economic growth potential.

(4) Competitiveness.

(5) Employment base.

(6) Wages, benefits and career opportunities.

(7) Forward-facing employment data compiled by the department.

(c) Ongoing evaluation.--The department shall [periodically] annually evaluate the targeted industry clusters and the forward-facing employment data compiled by the department to determine the need for any changes to the targeted industry clusters or the need for the addition of new industry clusters.

(d) Publication of information.--The department shall issue by July 1 of each year, on its Internet 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, geographic location and required training or experience within the targeted industry cluster and the forward-facing employment data compiled by the department.

(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 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] development board.

* * *

Section 1307. Interdepartmental cooperation.

* * *

(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.

(iii.1) Work in collaboration with the department to use forward-facing employment data to project and identify future and emerging employment opportunities in the agriculture industry.

(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.

(vi) Work in collaboration with the department to use forward-facing employment data to project and identify future and emerging employment opportunities to create workforce and economic development 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.

(iii) Work in collaboration with the department to use forward-facing employment data to project and identify future and emerging employment opportunities for purposes of aligning reentry programs with current and emerging industry clusters and high-priority occupations.

(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.

(vi) Work in collaboration with the department to determine education and skill gaps associated with targeted industry clusters.

(vi.1) Work in collaboration with the department to use forward-facing employment data to project and identify future and emerging employment opportunities.

(vii) Advise and assist high-school-based career and technical education programs to develop 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] Human Services 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.

(2.1) Compiling and providing forward-facing employment data on projected employment opportunities in this Commonwealth, including future and emerging industry clusters and high-priority occupations.

(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 10. The act is amended by adding a section to read:

Section 1308.1. Dissemination of industry and labor market research to educational institutions.

(a) Dissemination of information.--By July 1, 2022, and each July 1 thereafter, the department, in coordination with the Department of Education, shall provide the information under sections 1302(d) and (e) and 1308 to educational institutions.

(b) Additional information.--In addition to the information provided under subsection (a), beginning July 1, 2022, on a regular basis the department shall provide to each educational institution specific labor market information and forward-facing employment data for the labor market in which the educational institution is located.

(1) When the department and the Department of Education jointly determine that labor market information or forward-facing employment data prepared by the department requires an explanatory analysis for the information or data to be utilized to its fullest potential, the department, in collaboration with the Department of Education, shall provide an analysis of the information or data, written in clear, concise and easily understandable language.

(2) The analysis under paragraph (1) shall consider, but not be limited to, a consideration of the following:

(i) instructions for the proper use of the information or data by individuals involved in the planning and development of career education;

(ii) the proper use of the information or data by individuals involved in career and technical and educational guidance; and

(iii) the proper use of the information or data by current and prospective career education pupils in the selection of career education programs likely to offer the greatest potential for employment upon graduation.

(d) Dissemination of data.--Each educational institution that receives labor market information and forward-facing employment data under subsections (b) and (c) shall provide copies of the information and data to the individuals responsible for career and technical and educational guidance at an educational institution for use in planning and developing career education programs and providing career and technical and education guidance to career education pupils.

Section 11. Section 4901 of the act is amended to read:

Section 4901. Construction.

(1) This act, being necessary for the welfare of this Commonwealth and its citizens, shall be liberally construed to effect its purposes.

(2) Nothing in this act shall be construed to conflict with Federal law.

Section 12. This act shall take effect in 60 days.

APPROVED--The 7th day of July, A.D. 2022.

TOM WOLF

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2022 Pennsylvania Consolidated & Unconsolidated StatutesAct 31 - WORKFORCE DEVELOPMENT ACT - OMNIBUS AMENDMENTS

2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 31 - WORKFORCE DEVELOPMENT ACT - OMNIBUS AMENDMENTS