PRINTER'S NO. 1950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1652
Session of
2023
INTRODUCED BY WENTLING, PICKETT AND M. JONES, AUGUST 30, 2023
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 30, 2023
AN ACT
Amending the act of December 18, 2001 (P.L.949, No.114),
entitled, as amended, "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," in preliminary provisions, further providing for
definitions; in board, further providing for establishment,
for membership, for plan, functions and responsibilities, for
Commonwealth fiscal management accountability information
system and for performance accountability system; and, in
local workforce development areas and regions and local
workforce development boards, further providing for
establishment, for membership, for plan, functions and
responsibilities and for local performance measures.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of December 18, 2001
(P.L.949, No.114), known as the Workforce Development Act, is
amended by adding a definition to read:
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
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context clearly indicates otherwise:
* * *
"Deputy for Workforce Development." The highest ranking
individual other than the Secretary of Community and Economic
Development who is employed by the Department of Community and
Economic Development and is responsible for managing the unified
system.
* * *
Section 2. Sections 301 and 302(a)(3)(v.1), (d) and (i) of
the act, amended July 7, 2022 (P.L.399, No.31), are amended to
read:
Section 301. Establishment.
The Pennsylvania Workforce Development Board is established
within the Department of Community and Economic Development to
advise and assist the Governor, the Deputy for Workforce
Development 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.
Section 302. Membership.
(a) General rule.--The board shall be established as
follows:
* * *
(3) Representatives appointed by the Governor as
follows:
* * *
[(v.1) The chair or a cochair of the Health Careers
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Leadership Council of the Pennsylvania Center for Health
Careers.]
* * *
(d) Staff.--[The board may employ a limited staff to
implement the decisions of the board.] The Deputy for Workforce
Development or a designee shall serve as the executive director
for the board. The Department of Community and Economic
Development shall provide administrative services and the use of
staff to the board.
* * *
(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] participating agencies shall, upon request of
the board or the Deputy for Workforce Development, provide
personnel, equipment and resources as required for the
functioning of the board.
Section 3. Section 304(a) introductory paragraph of the act
is amended to read:
Section 304. Plan, functions and responsibilities.
(a) General rule.--The board, in furtherance of section 102,
shall advise and assist the Governor and the Deputy for
Workforce Development on all of the following:
* * *
Section 4. Sections 305.1, 305.2(a) introductory paragraph,
501(a)(1), 502(a)(1) introductory paragraph, 504(a) introductory
paragraph, (1) and (1.1) and (b)(2), (4) and (6) introductory
paragraph and (c)(2) and 505 of the act, amended or added July
7, 2022 (P.L.399, No.31), are amended to read:
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Section 305.1. Commonwealth fiscal management accountability
information system.
The Governor, in coordination with the board and the Deputy
for Workforce Development, 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 305.2. Performance accountability system.
(a) Required performance measures.--The board shall assist
the Governor and the Deputy for Workforce Development 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:
* * *
Section 501. Establishment.
(a) Areas and regions.--
(1) Local workforce development areas shall be
designated by the Governor through consultation with the
board and the Deputy for Workforce Development and after
consultation with chief elected officials and local workforce
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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.
* * *
Section 502. Membership.
(a) Composition.--The following apply:
(1) The Governor, in partnership with the board and the
Deputy for Workforce Development, 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:
* * *
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 and the Deputy for Workforce Development 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:
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(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 and the Deputy
for Workforce Development 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 and the
Deputy for Workforce Development any comments received under
paragraph (1)(ii) that represent public disagreement with the
plan.
* * *
(b) Functions and responsibilities.--A local workforce
development board has the following functions and
responsibilities:
* * *
(2) In partnership with the chief elected official for
the local workforce development area, to develop and submit a
local plan to the Governor and the Deputy for Workforce
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Development that meets the requirements in this section.
* * *
(4) To coordinate with the Governor, the Deputy for
Workforce Development, 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.
* * *
(6) To compile an annual report and to submit the report
to the Governor and the Deputy for Workforce Development by a
deadline determined by the Governor. This report shall
include, at a minimum:
* * *
(c) Regional planning.--The following apply:
* * *
(2) The Governor, after consultation with the Deputy for
Workforce Development and 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.
* * *
Section 505. Local performance measures.
(a) General rule.--The local workforce development board,
the chief elected officials, the Deputy for Workforce
Development 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
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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 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 5. This act shall take effect in 60 days.
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