Pennsylvania Act 2001-114 — WORKFORCE DEVELOPMENT ACT - ENACTMENT

Act text

AN ACT

Establishing a unified workforce development system; restructuring certain administrative functions, procedures and entities; transferring workforce development functions of Commonwealth agencies; establishing the Pennsylvania Workforce Development Board; providing for critical job training grants, for program quality and performance for workforce development programs, for workforce leadership grants and for industry partnerships; and authorizing local workforce development boards. (Title amended July 7, 2022, P.L.399, No.31)

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Declaration of policy.

Section 103. Definitions.

Section 104. Lobbying.

Chapter 3. Board

Section 301. Establishment.

Section 302. Membership.

Section 303. Conflicts of interest.

Section 304. Plan, functions and responsibilities.

Section 305. State performance measures (Deleted by amendment).

Section 305.1. Commonwealth fiscal management accountability information system.

Section 305.2. Performance accountability system.

Chapter 5. Local Workforce Development Areas and Regions

and Local Workforce Development Boards

Section 501. Establishment.

Section 502. Membership.

Section 503. Conflicts of interest.

Section 504. Plan, functions and responsibilities.

Section 505. Local performance measures.

Chapter 7. Critical Job Training Grants (Repealed)

Section 701. Definitions (Repealed).

Section 702. Rapid response committee (Repealed).

Section 703. Grants (Repealed).

Section 704. Contracts (Repealed).

Chapter 7-A. Critical Job Training Grants

Section 701-A. Purpose.

Section 702-A. Definitions.

Section 703-A. Program operation.

Section 704-A. Grants.

Section 705-A. Approval of applications and contracts.

Chapter 9. Workforce Leadership Grants

Section 901. Purpose.

Section 902. Innovative programs.

Section 903. Program operation.

Chapter 11. Pennsylvania Center for Health Careers (Expired)

Section 1101. Definitions (Expired).

Section 1102. Pennsylvania Center for Health Careers (Expired).

Section 1103. Leadership council (Expired).

Section 1104. Administration (Expired).

Section 1105. Expiration (Expired).

Chapter 13. Industry Partnerships

Section 1301. Definitions.

Section 1302. Industry clusters.

Section 1303. Grant program.

Section 1304. Grant program operation.

Section 1305. Powers and duties.

Section 1306. Grant period.

Section 1307. Interdepartmental cooperation.

Section 1308. Industry and labor market research.

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

Section 1309. Industry partnership performance improvement and evaluation system.

Chapter 14. Keystone Works Program (Expired)

Section 1401. Definitions (Expired).

Section 1402. Program (Expired).

Section 1403. Administration (Expired).

Section 1404. Workers' compensation (Expired).

Section 1405. Eligibility (Expired).

Section 1406. Business incentives (Expired).

Section 1407. Performance evaluation system (Expired).

Section 1407.1. Annual report (Expired).

Section 1408. Expiration (Expired).

Chapter 15. Workforce Development Courses

Section 1501. Reimbursement for Community Colleges.

Section 1502. Definitions.

Chapter 49. Miscellaneous Provisions

Section 4901. Construction.

Section 4902. Regulations abrogated.

Section 4903. Expiration (Repealed).

Section 4904. Effective date.

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

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Workforce Development Act.

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 activities.

(iii) Promoting the coordination and integration of workforce investment, economic development and education policies for eligible youth, postsecondary education and adult education.

(2) The expressed goals of the unified system are:

(i) Economic opportunity for all citizens and businesses.

(ii) Economic self-sufficiency and individual responsibility.

(iii) An educated workforce with relevant skills for personal growth and economic prosperity.

(3) The goals set forth in paragraph (2) are to be attained through fostering a dynamic world-class workforce in which citizens and businesses in this Commonwealth possess the knowledge and skills to succeed and excel in a highly competitive and rapidly changing world.

(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:

(i) Economic competitiveness based on improvements in productivity, quality and service.

(ii) Excellence and informed choice in education, training opportunities, workplace preparation and career decision making for eligible youth and adults.

(iii) A strong work ethic, mutual respect, a commitment to lifelong learning and the valuing of all workers and their work.

(iv) Stewardship of public resources, emphasizing private sector solutions to workforce development goals supplemented by public/private partnerships and limited government involvement when necessary. ((iv) amended July 7, 2022, P.L.399, No.31)

(v) The highest-quality delivery of market-driven services which are readily identifiable and easily accessible and which consider the abilities and work-support needs of a diverse population.

(vi) Continuous quality improvement through cooperation and collaboration among all who participate in the unified system in order for individuals to earn family-sustaining wages for economic self-sufficiency.

(vii) Guaranteeing the quality and performance of workforce development programs and the skill training provided to employees, incumbent workers, job seekers and students.

((4) amended Dec. 16, 2002, P.L.1930, No.224)

(5) This act enables the Commonwealth to participate in the program under the Workforce Innovation and Opportunity Act (Public Law 113-128, 128 Stat. 1425). ((5) amended July 7, 2022, P.L.399, No.31)

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 Development Board established in section 301.

"Certification." An approval issued by the Governor, upon recommendation by the board, to a local workforce development board which satisfies the eligibility requirements established by the Governor, upon recommendation by the board.

"Chief elected official."

(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.

(3) ((3) deleted by amendment).

(4) ((4) deleted by amendment).

(5) ((5) deleted by amendment).

"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 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 24 years of age; 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.

(3) ((3) deleted by amendment).

"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 development area." An area designated under section 501.

"Local workforce development board." 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 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 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 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 development programs to 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." (Def. deleted by amendment).

"Youth activity." An activity which is carried out for eligible youths.

(103 amended July 7, 2022, P.L.399, No.31)

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 development board.

(104 amended July 7, 2022, P.L.399, No.31)

Compiler's Note: 65 Pa.C.S. Ch. 13, referred to in this section, was deleted by amendment. The information is now contained in 65 Pa.C.S. Ch. 13A.

CHAPTER 3

BOARD

Section 301. Establishment.

The Pennsylvania Workforce 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 development programs into an integrated system. All recommendations and decisions of the board shall be in compliance with the Workforce Innovation and Opportunity Act.

(301 amended July 7, 2022, P.L.399, No.31)

Section 302. Membership.

(a) General rule.--The board shall be established as follows:

(1) The Governor or a designee.

(2) Four members of the General Assembly:

(i) Two senators, one appointed by the President pro tempore of the Senate and one appointed by the Minority Leader of the Senate.

(ii) Two representatives, one appointed by the Speaker of the House of Representatives and one appointed by the Minority Leader of the House of Representatives.

(3) Representatives appointed by the Governor as follows:

(i) A majority shall be representatives of business 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 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.

(C) Are appointed among individuals nominated by State business organizations and trade associations.

((i) amended July 7, 2022, P.L.399, No.31)

(ii) Chief elected officials nominated by Statewide organizations or associations representing elected officials.

(iii) 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.

((iii) amended July 7, 2022, P.L.399, No.31)

(iv) Representatives of individuals and organizations experienced with respect to youth activities.

(v) Representatives of organizations which have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges, technical colleges and community-based organizations in this Commonwealth.

(v.1) The chair or a cochair of the Health Careers Leadership Council of the Pennsylvania Center for Health Careers.

(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 Human Services.

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

((vi) amended July 7, 2022, P.L.399, No.31)

(vii) Any other representative or Commonwealth agency official the Governor deems necessary.

(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. (3.1 added July 7, 2022, P.L.399, No.31)

(4) ((4) deleted by amendment July 7, 2022, P.L.399, No.31).

(5) The Governor shall solicit recommendations from State, regional and local business organizations in making appointments to the board.

((a) amended July 2, 2010, P.L.247, No.41)

(b) Chairperson.--The Governor shall designate, to serve at the Governor's pleasure, a representative of business to serve as chairperson of the board. ((b) amended July 7, 2022, P.L.399, No.31)

(c) Quorum.--A majority of the members shall constitute a quorum of the board. Action must be taken by a vote of a majority of the members present. If a member cannot be present, that member may submit a vote by proxy to another board member.

(d) Staff.--The board may employ a limited staff to implement the decisions of the board.

(e) Meetings.--The board shall meet at times and places as it determines necessary. Special meetings may be called by the chairperson or at the request of a majority of the members.

(f) Executive committee.--An executive committee that includes representation from 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. ((f) amended July 7, 2022, P.L.399, No.31)

(g) Committees.--The board may establish committees, appoint members and delegate duties to committees as the chairperson deems necessary to fulfill the board's responsibilities. Each committee shall be chaired by a member of the board.

(h) Compensation.--Members shall receive no compensation but shall be entitled to receive an allowance for expenses incurred in the performance of duties.

(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 Human Services shall provide personnel, equipment and resources as required for the functioning of the board. ((i) amended July 7, 2022, P.L.399, No.31)

Section 303. Conflicts of interest.

A member of the board may not do any of the following:

(1) Vote on a matter under consideration by the 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 State plan or unified system. ((2) amended July 7, 2022, P.L.399, No.31)

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 development to maintain continuously a competitive advantage for this Commonwealth. ((1) amended July 7, 2022, P.L.399, No.31)

(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 development under any Federal or State statute. ((2) amended July 7, 2022, P.L.399, No.31)

(3) Assuring that no funds designated for Statewide youth activities are used to develop or implement education curricula for school districts.

(4) Examination of Federal and State statutes and regulations to assess whether they present barriers to achieving the provisions of this act and to recommend to the Federal Government, the Governor and the General Assembly amendments to statutes and regulations and waivers of regulations to eliminate barriers and to promote the provisions of this act.

(5) Development and dissemination of appropriate and necessary research and statistical information, to set the requisite protocols and standards for common data reference, to engage in or sponsor studies to identify unified system needs and to gather and disseminate information.

(6) Establishment of and adherence to performance-based quality assurance standards designed to optimize unified system function, performance and effectiveness.

(7) Evaluation of whether the local plans submitted by local workforce development boards support the strategies described by the State plan and are consistent with the State plan. ((7) amended July 7, 2022, P.L.399, No.31)

(8) Securing appropriate input from local workforce development boards in the development of policies, local performance measures or investment strategies. ((8) amended July 7, 2022, P.L.399, No.31)

(9) Establishment and maintenance of a universally accessible information access system which enables the unified system to function and serve its customers effectively.

(10) ((10) deleted by amendment July 7, 2022, P.L.399, No.31).

(11) Providing technical assistance to local workforce development boards to assist them in maximizing the investment of public money. ((11) amended July 7, 2022, P.L.399, No.31)

(12) Setting the criteria, as permitted by the Workforce Innovation and Opportunity Act, for unified system and service provider participation and developing a systemwide outreach program. ((12) amended July 7, 2022, P.L.399, No.31)

(13) Recommending certification or recertification of local workforce development boards 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.

(i) ((i) deleted by amendment).

(ii) ((ii) deleted by amendment).

((13) amended July 7, 2022, P.L.399, No.31)

(14) Recommending necessary action, including decertification, if a local workforce development board fails to carry out its functions as specified by law, engages in fraud or abuse or fails to meet established local performance accountability measures for the local area for two consecutive program years. ((14) amended July 7, 2022, P.L.399, No.31)

(15) Recognition of the potential of citizens, employers and communities in this Commonwealth by affirming the continued existence and independence of all current funding streams and programs for persons with disabilities while ensuring that employment-related programs for individuals with disabilities operate efficiently.

(16) Assessment of the economic and workforce needs of this Commonwealth and to develop the unified system to build on available services and resources to effectively meet these Statewide needs.

(17) Establishing cooperative and collaborative relationships with other states' unified system governing bodies.

(18) Encouraging the implementation of Federal and State statutory mandates which fall within the purview of the unified system. ((18) amended July 7, 2022, P.L.399, No.31)

(18.1) Recommendations regarding the operation of the one-stop delivery system and local workforce development boards. ((18.1) amended July 7, 2022, P.L.399, No.31)

(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 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 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 development board which failed to meet its negotiated level of local performance.

(vii) A copy of the annual report submitted by each local workforce development board to the board.

(viii) An accounting of Federal and State funds expended for workforce development in the previous fiscal year by line item and program.

((19) amended July 7, 2022, P.L.399, No.31)

(b) Evaluation of plans.--In order to develop an effective system to evaluate the local plans submitted by local workforce 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 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 development boards to fully implement local plans.

(4) Ensure that local 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.

((b) amended July 7, 2022, P.L.399, No.31)

(304 amended Dec. 16, 2002, P.L.1930, No.224)

Section 305. State performance measures. (305 deleted by amendment Dec. 16, 2002, P.L.1930, No.224)

Section 305.1. Commonwealth fiscal management accountability information system.

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.

(a) General rule.--((a) deleted by amendment).

(b) Required performance measures.--((b) deleted by amendment).

(c) Customer satisfaction.--((c) deleted by amendment).

(d) Guarantees for program quality and performance.--((d) deleted by amendment).

(305.1 amended July 7, 2022, P.L.399, No.31)

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.

(305.2 added July 7, 2022, P.L.399, No.31)

CHAPTER 5

LOCAL WORKFORCE DEVELOPMENT AREAS AND REGIONS

AND LOCAL WORKFORCE DEVELOPMENT BOARDS

(Hdg. amended July 7, 2022, P.L.399, No.31)

Section 501. Establishment.

(a) Areas and regions.--

(1) Local workforce 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.

(i) ((i) deleted by amendment).

(ii) ((ii) deleted by amendment).

(iii) ((iii) deleted by amendment).

(iv) ((iv) deleted by amendment).

(v) ((v) deleted by amendment).

(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) 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 development board may conduct business unless it is certified by the Governor under paragraph (2).

(b) Purpose.--((b) deleted by amendment).

(c) Administration and liability.--

(1) The chief elected official in a local workforce 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 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) In order to assist in administration of the grant funds, the chief elected official or the Governor, if the Governor serves as the local grant recipient for a local workforce 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.

(501 amended July 7, 2022, P.L.399, No.31)

Section 502. Membership.

(a) Composition.--The following apply:

(1) 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 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, including small businesses or organizations representing businesses described in this subparagraph, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local workforce development area; and

(C) are appointed from among individuals nominated by local business organizations and business trade associations.

(ii) 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. Regional or local educational agencies, institutions or organizations representing local educational entities may recommend representatives of respective entities to serve as members of a local workforce development board.

(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) 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 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) 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) Board membership may include representatives of each of the one-stop delivery system partners not otherwise specified under this subsection.

(viii) Board membership shall include individuals or representatives of entities as the chief elected official in the local workforce development area may determine appropriate.

(2) Members of the local workforce 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 representatives appointed under paragraph (1)(i).

(4) A local workforce development board may hire limited staff to implement the decisions of the local workforce development board.

(b) Manner of appointment.--In accordance with the criteria established under subsection (a)(1), a member of a local workforce development board shall be appointed as follows:

(1) If the local workforce development area consists of only one political subdivision, the chief elected official shall appoint the members.

(2) If a local workforce development area consists of more than one political subdivision, the chief elected officials of each political subdivision may enter into a detailed written agreement describing the understanding of the political subdivisions as to appointments, governance and oversight activities of the 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 development board from individuals nominated or recommended.

(502 amended July 7, 2022, P.L.399, No.31)

Section 503. Conflicts of interest.

A member of the local workforce development board may not do any of the following:

(1) Vote on a matter under consideration by the local workforce 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 State plan.

(503 amended July 7, 2022, P.L.399, No.31)

Section 504. Plan, functions and responsibilities.

(a) Local plan.--A local workforce development board, in partnership with the chief elected official, shall submit to the Governor for approval a 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 local plan shall be developed through a process which includes the opportunity for participation by current and potential customers, 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.

(ii) A description of the local workforce development area's strategic economic and workforce vision and how the vision will be attained.

(iii) A description of how the local plan supports the Commonwealth's overall mission and goals.

(iv) A description of the respective roles of the local elected officials.

(3) ((3) deleted by amendment).

(4) ((4) deleted by amendment).

(5) ((5) deleted by amendment).

(6) ((6) deleted by amendment).

(7) ((7) deleted by amendment).

(8) ((8) deleted by amendment).

(9) ((9) deleted by amendment).

(10) ((10) deleted by amendment).

(b) Functions and responsibilities.--A local workforce development board has the following functions and responsibilities:

(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 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 development boards and, if appropriate, with the workforce development system governing bodies of other states.

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

(i) a list of the membership of the local workforce 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.

(7) ((7) deleted by amendment).

(8) ((8) deleted by amendment).

(c) Regional planning.--The following apply:

(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.

(504 amended July 7, 2022, P.L.399, No.31)

Section 505. Local performance measures.

(a) General rule.--The local 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.

(1) ((1) deleted by amendment).

(2) ((2) deleted by amendment).

(3) ((3) deleted by amendment).

(4) ((4) deleted by amendment).

(b) Customer satisfaction.--((b) deleted by amendment).

(c) School-to-Work Opportunities Act of 1994.--No funds made available under the 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).

(505 amended July 7, 2022, P.L.399, No.31)

CHAPTER 7

CRITICAL JOB TRAINING GRANTS

(Ch. repealed Dec. 16, 2002, P.L.1930, No.224)

Section 701. Definitions. (701 repealed Dec. 16, 2002, P.L.1930, No.224)

Section 702. Rapid response committee. (702 repealed Dec. 16, 2002, P.L.1930, No.224)

Section 703. Grants. (703 repealed Dec. 16, 2002, P.L.1930, No.224)

Section 704. Contracts. (704 repealed Dec. 16, 2002, P.L.1930, No.224)

CHAPTER 7-A

CRITICAL JOB TRAINING GRANTS

(Ch. added Dec. 16, 2002, P.L.1930, No.224)

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 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 development system is crucial to the effective delivery of services to the employers and residents of this Commonwealth.

(701-A amended July 7, 2022, P.L.399, No.31)

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, 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 board and the participating agencies. (Def. amended July 7, 2022, P.L.399, No.31)

"Dislocated worker." A person who meets any one of the following conditions:

(1) Has been terminated or laid off, or who has received notice of termination or layoff, and is eligible for or has exhausted unemployment compensation benefits.

(2) Is unlikely to return to the industry or occupation in which the individual was employed.

(3) Has been terminated or received notice of termination as a result of the permanent closure or relocation of a plant, facility or plant operation in which the individual was employed.

(4) Is chronically unemployed.

(5) Has limited opportunities of employment in the geographic area in which the individual resides.

(6) Is an individual who may face substantial barriers to employment because of age or disability.

"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. (Def. amended July 7, 2022, P.L.399, No.31)

"Greenhouse." A nonprofit organization recognized under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) that is formed for the express purpose of creating university/business partnerships to advance science and technology and to support economic and workforce development.

"Industrial resource center." An industrial resource center as defined by the act of June 22, 2001 (P.L.400, No.31), known as the Industrial Resources Center Partnership Act.

"Local education agency." A Pennsylvania institution certified by the Department of Education, which may include any of the following:

(1) Area vocational-technical schools.

(2) Community, technical and junior colleges.

(3) Intermediate units.

(4) Licensed private/proprietary business and trade schools.

(5) Public school districts.

(6) State or private colleges and universities.

"Private company." A business, professional service company or other enterprise. The term may include a group of two or more private companies operating as a consortium in order to take advantage of a common training program.

"Underemployed worker." A person requiring skill training to meet industry skill demands or to increase his employment opportunities.

(702-A added Dec. 16, 2002, P.L.1930, No.224)

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 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.

(703-A amended July 7, 2022, P.L.399, No.31)

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:

(1) The number of dislocated workers or others that will receive training.

(2) The existence of job opportunities directly related to the training.

(3) How the training will support existing and in-demand industry sectors and occupations within this Commonwealth which are identified in the strategic plan of the local workforce development board or by industry clusters identified by the participating agencies and the board. ((3) amended July 7, 2022, P.L.399, No.31)

(4) Private sector participation in training design and placement of training recipients.

(b) Applications and guidelines.--The participating agencies, in consultation with the board and local workforce 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. ((b) amended July 7, 2022, P.L.399, No.31)

(c) Information.--The participating agencies shall require such information and records from each applicant and its authorized training providers as deemed necessary to carry out its responsibilities under this chapter.

(d) Limitations.--A local workforce development board, a certified economic development organization and a greenhouse may not serve as a training provider for these grants. ((d) amended July 7, 2022, P.L.399, No.31)

(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 development boards, secondary schools and postsecondary institutions. ((e) amended July 7, 2022, P.L.399, No.31)

(704-A added Dec. 16, 2002, P.L.1930, No.224)

Section 705-A. Approval of applications and contracts.

A committee composed of the participating agencies may approve a grant application, and the appropriate Commonwealth agency or agencies shall enter into a contract with an eligible applicant to provide critical job training grants to the extent of funds identified by participating agencies for this purpose. Notwithstanding the act of December 20, 1985 (P.L.492, No.116), known as the Customized Job Training Act, or its successor provisions, the Department of Community and Economic Development may use funds appropriated under the act to provide critical job training grants to eligible applicants.

(705-A added Dec. 16, 2002, P.L.1930, No.224)

CHAPTER 9

WORKFORCE LEADERSHIP GRANTS

(Ch. added Dec. 16, 2002, P.L.1930, No.224)

Section 901. Purpose.

The purpose of this chapter is to use funds appropriated for these grants to establish innovative programs that address short-term and long-term workforce development needs in industry clusters critical to the development of the new economy in this Commonwealth.

(901 added Dec. 16, 2002, P.L.1930, No.224)

Section 902. Innovative programs.

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

(1) Integrated and seamless secondary and postsecondary education and training with area vocational-technical schools and career technology centers; secondary schools, including charter schools at these grade levels; community colleges; technical colleges; and postsecondary institutions.

(2) Assistance to local workforce development areas to establish or expand a comprehensive delivery system of workforce development services, particularly with degree-granting programs. ((2) amended July 7, 2022, P.L.399, No.31)

(3) Agile, flexible and responsive training programming for incumbent workers.

(b) Curriculum concentrations.--The curriculum and programs under subsection (a)(1) shall be focused on three cluster areas: Biotechnology/Life Sciences, Information Technology/Optoelectronics and Advanced Manufacturing and Materials.

(c) Business interaction.--The programs under subsection (a)(1) must be developed and continue to operate with direct business interaction in the curriculum, the recruitment of students, internships and the placement of graduates. The application and use of nanotechnology shall be an integral part of postsecondary instruction with exposure to this technology for students at the secondary level.

(d) Award of grants.--Workforce leadership grants shall be awarded for each of the three cluster areas in subsection (a)(1) to applicants demonstrating substantial program integration across educational levels and with a significant number of participating institutions. Applicants able to leverage other funding and programming resources shall receive additional consideration in the determination of awards.

(902 added Dec. 16, 2002, P.L.1930, No.224)

Section 903. Program operation.

In collaboration with the participating agencies and the board, the Department of Community and Economic Development shall manage the operation of this program, establish guidelines and an application process for the grants, develop such forms and institute procedures to implement this program, determine the distribution of funds and determine the approved applications for innovative programs as established in section 902. The department shall enter into a contract with an eligible applicant to provide workforce leadership grants from funds appropriated for this purpose or from funds identified by the participating agencies for this purpose under the General Appropriations Act.

(903 added Dec. 16, 2002, P.L.1930, No.224)

CHAPTER 11

PENNSYLVANIA CENTER FOR HEALTH CAREERS

(Ch. 11 expired June 30, 2015. See Act 41 of 2010.)

Section 1101. Definitions. (1101 expired June 30, 2015. See Act 41 of 2010.)

Section 1102. Pennsylvania Center for Health Careers. (1102 expired June 30, 2015. See Act 41 of 2010.)

Section 1103. Leadership council. (1103 expired June 30, 2015. See Act 41 of 2010.)

Section 1104. Administration. (1104 expired June 30, 2015. See Act 41 of 2010.)

Section 1105. Expiration. (1105 expired June 30, 2015. See Act 41 of 2010.)

CHAPTER 13

INDUSTRY PARTNERSHIPS

(Ch. added July 7, 2011, P.L.289, No.67)

Section 1301. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Career pathways." An identified series of positions, work experiences or educational benchmarks or credentials which offer occupational and financial advancement within a specified career field or related fields over time.

"Department." The Department of Labor and Industry of the Commonwealth.

"Educational institution." Each school district, charter school, cyber charter school, career and technical center and public institution of higher education in this Commonwealth. (Def. added July 7, 2022, P.L.399, No.31)

"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. (Def. added July 7, 2022, P.L.399, No.31)

"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. (Def. amended July 7, 2022, P.L.399, No.31)

"Industry cluster." A group of employers closely linked by common products or services, workforce needs, similar technologies, supply chains or other economic ties.

"Industry partnership." A collaboration which brings together multiple employers and workers or, when appropriate, worker representatives and career and technical educators, in a targeted industry cluster to address common workforce needs.

"Industry partnership performance improvement and evaluation system." The evaluation system established under section 1309.

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

"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.

(Def. added July 7, 2022, P.L.399, No.31)

"TANF." The Temporary Assistance for Needy Families program under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.), which provides temporary assistance to needy, dependent children and their parents or caretaker relatives.

"Targeted industry cluster." An industry cluster identified by the department as having or being projected to have a Statewide economic impact, immediate workforce development needs or emerging or competitive career opportunities. (Def. amended July 7, 2022, P.L.399, No.31)

(1301 added July 7, 2011, P.L.289, No.67)

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 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) 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 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, 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.

(1302 amended July 7, 2022, P.L.399, No.31)

Section 1303. Grant program.

(a) Establishment.--The department shall establish and administer a grant program to provide funding to industry partnerships from funds appropriated by the General Assembly for the purposes of this act.

(b) Use of grant funding.--Industry partnerships shall, to the extent funds are available, use a grant awarded under this section to do any of the following:

(1) Organize businesses, employers, workers, labor organizations and industry associations into a collaborative structure that supports the sharing of information, ideas and challenges common to their industry cluster.

(2) Identify the training needs of multiple businesses, including skill gaps critical to competitiveness and innovation to their industry cluster.

(3) Facilitate economies of scale by aggregating training and education needs of multiple employers.

(4) Assist educational and training institutions in aligning curricula and programs to industry demand, particularly for high-priority occupations.

(5) Collaborate with the PA CareerLink, youth councils, business-education partnerships, intermediate units, secondary and postsecondary educational institutions, parents, career counselors and career and technical educators for the purpose of addressing the challenges of connecting disadvantaged adults and youth to careers.

(6) Assist companies in identifying and working together to address common organizational and human resource challenges, including recruiting new workers, retaining incumbent workers, implementing a high-performance work organization, adopting new technologies and fostering experiential and contextualized on-the-job learning.

(7) Assist in developing and strengthening career ladders within and across companies, enabling entry-level workers to improve skills and advance to higher-wage jobs.

(8) Assist partner companies in industry partnerships in attracting a diverse workforce, including individuals with barriers to employment. This shall include the economically disadvantaged, youth, older workers, ex-offenders and the physically and developmentally disabled.

(9) Assist in strengthening connections among businesses in industry clusters, leading to cooperation, beyond workforce issues, which would improve competitiveness and job quality, including joint purchasing, market research or centers for technology and innovation.

(1303 added July 7, 2011, P.L.289, No.67)

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 development board. ((1) amended July 7, 2022, P.L.399, No.31)

(2) Show evidence of participation of workers or labor representatives in industry partnerships.

(3) Provide for private sector matching funding of at least 25% of the grant.

(4) Commit to participate in the industry partnership's performance improvement and evaluation system.

(1304 added July 7, 2011, P.L.289, No.67)

Section 1305. Powers and duties.

The department shall have the following powers and duties:

(1) Establish grant guidelines and develop grant applications.

(2) Develop forms and institute procedures to award competitive grants under this section.

(3) Establish a process to review applications.

(4) Establish a process for providing applicants with additional information about eligibility requirements and assistance in preparing applications.

(5) Provide technical assistance to grant applicants and grantees.

(6) Apply for grants and seek other revenue sources to fund the industry partnership administrative and training activities.

(1305 added July 7, 2011, P.L.289, No.67)

Section 1306. Grant period.

The grant period shall be for a period of not less than 12 months and not more than 24 months. A grantee may apply to renew the grant.

(1306 added July 7, 2011, P.L.289, No.67)

Section 1307. Interdepartmental cooperation.

(a) Oversight.--The department shall oversee the operation of the grant program, with appropriate agency staffing support from the participating agencies.

(b) Assistance.--In addition to the specific departmental duties under subsection (c), participating agencies shall assist the department in carrying out this chapter in relation to each agency's roles and responsibilities, including providing to the department all information relevant to the implementation of this chapter. The information shall include all performance measurement information necessary to evaluate any program or policy impacting workforce development in this Commonwealth.

(c) Agencies.--The following agencies shall work with the department as set forth below:

(1) The Department of Agriculture shall:

(i) Advise the department on the agriculture industry and agriculture education economic development strategies, programs and initiatives.

(ii) Facilitate agricultural industry clusters, to include production agriculture, at the State and local levels to ensure accurate representation of all sectors and inclusion of those fields typically categorized as self-employment.

(iii) Advise the department on career pathways available in the rural communities of this Commonwealth and nontraditional career pathways available to urban and disadvantaged students and citizens.

(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.

(v) Support initiatives to develop industry-recognized credentials and new credit-bearing programs in this Commonwealth's public and private postsecondary institutions, especially in occupations critical to targeted industry clusters.

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

(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 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.

((c) amended July 7, 2022, P.L.399, No.31)

(1307 added July 7, 2011, P.L.289, No.67)

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.

(1308 amended July 7, 2022, P.L.399, No.31)

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.

(c) Analysis.--The following shall apply:

(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.

(1308.1 added July 7, 2022, P.L.399, No.31)

Section 1309. Industry partnership performance improvement and evaluation system.

The department shall develop and implement an evaluation and performance improvement system which does all of the following:

(1) Collects critical industry partnership information on an annual basis or more frequently as determined by the department, including:

(i) What the industry partnership has learned.

(ii) What human resource challenges were most common within the industry partnership.

(iii) The influence and use of technology by the industry partnership.

(iv) Challenges foreseen by the industry partnership.

(v) Industry partnership best practices.

(2) Defines the benefits of the industry partnership and its activities to employers, workers and communities.

(3) Provides annual performance information to the General Assembly, the public and workforce stakeholders.

(1309 added July 7, 2011, P.L.289, No.67)

CHAPTER 14

KEYSTONE WORKS PROGRAM

(Ch. 14 expired June 30, 2017. See Act 107 of 2012.)

Section 1401. Definitions. (1401 expired June 30, 2017. See Act 107 of 2012.)

Section 1402. Program. (1402 expired June 30, 2017. See Act 107 of 2012.)

Section 1403. Administration. (1403 expired June 30, 2017. See Act 107 of 2012.)

Section 1404. Workers' compensation.(1404 expired June 30, 2017. See Act 107 of 2012.)

Section 1405. Eligibility. (1405 expired June 30, 2017. See Act 107 of 2012.)

Section 1406. Business incentives. (1406 expired June 30, 2017. See Act 107 of 2012.)

Section 1407. Performance evaluation system. (1407 expired June 30, 2017. See Act 107 of 2012.)

Section 1407.1. Annual report. (1407.1 expired June 30, 2017. See Act 107 of 2012.)

Section 1408. Expiration. (1408 expired June 30, 2017. See Act 107 of 2012.)

CHAPTER 15

WORKFORCE DEVELOPMENT COURSES

(Ch. added Dec. 16, 2002, P.L.1930, No.224)

Compiler's Note: Section 28 of Act 46 of 2005 provided that Chapter 15 is repealed to the extent of any inconsistency with the amendment or addition of sections 1901-A(4), 1913-A(b)(1), (c) and (k), 1917-A and 1918-A of the Public School Code of 1949.

Section 1501. Reimbursement for community colleges.

(a) Calculation.--Community colleges offering noncredit courses defined in this chapter as "workforce development courses" shall be reimbursed by the Commonwealth using 90% of the reimbursement factor utilized for credit courses under section 1913-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.

(b) Priorities.--The priorities of the Commonwealth and its needs for education and training of workers and potential workers shall be considered in changes and additions to the subject matter of workforce development courses.

(c) Course sites.--Noncredit workforce development courses may be offered by a community college at an off-campus site, at any of its facilities or through any form of distance education.

(1501 added Dec. 16, 2002, P.L.1930, No.224)

Section 1502. Definition.

For the purposes of this chapter, the term "workforce development courses" is defined as those noncredit courses having the specific purpose of providing opportunities for students and incumbent workers to develop and/or upgrade skills necessary or useful in gainful employment, for promotion or other similar opportunities in existing employment or for learning new job skills. The subject matter of noncredit workforce development courses may encompass, but is not limited to, instruction in any of the following general areas:

(1) Computers and information processing and technology, including the study of both hardware and software applications.

(2) Management, supervision and basic employability skills, including, but not limited to, working in teams, management and supervisory skills, effective interpersonal relations, problem solving, self-management strategies, project management and the application of Federal and State laws to the workplace.

(3) Health professional and allied health job skills.

(4) Technical, manufacturing and service industries, including, but not limited to, jobs in such fields as powdered metals, machine tool and diemaking, electronics, safety, plastics technology, hydraulics, construction, warehouse/materials management, automotive repair and management, heating, ventilation and air conditioning, refrigeration and tourism.

(1502 added Dec. 16, 2002, P.L.1930, No.224)

CHAPTER 49

MISCELLANEOUS PROVISIONS

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.

(4901 amended July 7, 2022, P.L.399, No.31)

Section 4902. Regulations abrogated.

As much of the appendix to 4 Pa. Code Ch. 9 Subch. B (relating to organizational charts) as relates to the State Job Training Coordinating Council is abrogated.

Section 4903. Expiration. (4903 repealed Dec. 16, 2002, P.L.1930, No.224)

Section 4904. Effective date.

This act shall take effect as follows:

(1) The addition of Chapter 7 shall take effect immediately.

(2) This section shall take effect immediately.

(3) The remainder of this act shall take effect July 1, 2002.