A BILL to amend chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-b, relating to fulfilling the obligations of the federal Workforce Investment Act of 1998 by establishing a workforce investment system that coordinates workforce training and services and education programs; defining terms; establishing the workforce investment commission and its duties; specifying the goals and contents of the state plan and individual regional plans; requiring the Legislature to appropriate workforce investment funds; setting guidelines for a performance management system; outlining the membership of the commission, the commission's chair and regional workforce investment boards; establishing subcommittees for the commission; requiring outlining quorum requirements for purposes of the commission and the regional boards; establishing staffing for the commission and appointing an executive director; requiring state agencies to cooperate with the commission; establishing the procedure for designating and certifying regional workforce investment areas and boards, including renewal certifications; establishing duties for regional workforce investment boards; requiring regional planning and cooperation; providing for eligibility requirements for one-stop operators; outlining requirements and duties of required and optional partners, including mandating optional partners to be and act as required partners on a certain date; outlining the required contents of a memoranda of understanding; providing for initial and continuing eligibility criteria for providers of training services; and outlining the establishment, membership and duties of youth councils, including youth activities' purposes and fund use.

Be it enacted by the Legislature of West Virginia:
That chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, be amended by adding thereto a new article, designated article two-b, to read as follows:
ARTICLE 2B. WEST VIRGINIA WORKFORCE INVESTMENT ACT.
§5B-2B-1. Short title.
This article shall be known and may be cited as the "West Virginia Workforce Investment Act".

§5B-2B-2. Legislative findings.

It is hereby determined and declared as a matter of legislative finding: (a) That West Virginians need high-quality education, training, literacy and vocational rehabilitation programs to obtain the skills needed for gainful employment; (b) that the future economic development and vitality of West Virginia depends on a highly skilled workforce; (c) that availability of a skilled workforce is a top priority for companies seeking a location to do business; (d) that the educational system, from preschool to post-secondary training, is critical in ensuring that businesses' needs are met; (e) that a wide gap has emerged between the public training and employment services system and the human resource development strategies and operations of businesses; (f) that technological advances have made it difficult for school-based training programs to keep pace with changing workplace practices and state-of-the-art technology; (g) that workforce development is a key part of economic development efforts and is an important investment that the state, its regions and communities can make today to their overall business climate ensuring competitiveness in the future; (h) that to compete in the new global economy, West Virginia needs to develop a system that anticipates and responds to the changing economy and its workforce; (i) that many programs exist within the state to further the goal of effective workforce development; (j) that there is a need for better coordination of workforce investment programs and an emphasis on system building at the state and regional levels to avoid duplication; (k) that a single workforce investment system with a shared vision, mission and goals that is linked to employer needs and aligns with economic development plans is necessary to achieve increase employment, earnings and occupational skills thus enhancing the productivity and competitiveness of West Virginia; (l) that there is a need for more accountability of the workforce investment programs within the state; (m) that workforce investment programs need to be outcome focused in order to achieve an effective workforce investment system; (n) that community and technical colleges are well equipped to serve as one-stop operators to further West Virginia's economic development into the twenty-first century; (o) that to achieve a successful, integrated workforce investment system, West Virginia's institutions of higher education and vocational institutions must be engaged in the system to help prepare the state's workforce; and (p) that the federal Workforce Investment Act of 1998 has provided an opportunity for the state to coordinate the various state and federal workforce investment programs within the state and to hold the programs accountable.

§5B-2B-3. Legislative intent.

(a) This article is intended to develop a workforce investment system in West Virginia that: (1) Is closely aligned with the standards and practices that are part of businesses' internal resource systems; (2) moves beyond initial job preparation and placement to include ongoing skill development and career progression for employed workers and for the most disadvantaged in the labor market; (3) exploits work-based learning opportunities effectively by structuring work experience and entry-level jobs for learning; (4) provides post-employment training in conjunction with employers' needs; (5) creates career pathways to further education and upward mobility for all workers; (6) promotes efficiencies through modernization, cooperation and, in some cases, consolidation of state agencies, bureaus, departments and the respective operations by reducing multiple-duplication of efforts in the provision of welfare-to-work and workforce programs; (7) provides long-term savings to the state while strengthening the delivery of economic development and workforce investment services; and (8) encourages the continued growth of the state's economy by developing and retaining a highly skilled and flexible workforce that results in better employees capable of obtaining higher wages.
(b) This article is also intended to improve the effectiveness and responsiveness of the workforce investment system by creating a system that mandates employers' involvement and links economic development efforts to the system, thus allowing the system to be more responsive to changing economic requirements. The education, training and employment programs comprising the workforce investment system need to be aligned with advanced technologies, adaptable workplace structures and higher skill demands of the new economy, thus encouraging implementation of flexible processes to meet the needs of job seekers and employers.
(c) It is the intent of the Legislature that the workforce investment system enable job seekers, employers, education providers and training providers to communicate effectively by aligning the system with a common language, standards and accountability measures.

§5B-2B-4. Purpose of article.

The purpose of this act is to comply with the federal Workforce Investment Act of 1998. This article is intended to fulfill the obligations of any federally mandated workforce investment board as well as coordinate planning and services for an integrated workforce investment system. The purpose of this article is to provide workforce investment activities, through statewide and regional workforce investment systems, that increase employment, retention and earnings of participants, and increase occupational skill attainment by participants and, as a result, improve the quality of the workforce, reduce welfare dependency and enhance the productivity and competitiveness of the state.

§5B-2B-5. Definitions.

(a) "Commission" means the West Virginia workforce investment commission serving as the state board under the federal Workforce Investment Act of 1998.
(b) "Chair" means the chair of West Virginia workforce investment commission.
(c) "Executive director" means the executive director of the office serving the commission.
(d) "Legislative joint commission" means the joint commission on economic development.
(e) "Regional workforce investment board" means a local board under the federal Workforce Investment Act of 1998.
(f) "Chief elected official" means the chief elected executive officer of a unit of general local government in a regional area; and in a case in which a regional area includes more than one unit of a general local government, the chief elected officials of those units may execute an agreement that specifies the respective roles of the individual chief elected officials.
(g) "Designated region" means a combination of regional areas that are partly or completely in a single labor market area, economic development region or other appropriate contiguous subarea of the state.
(h) "Labor market" means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence.
(i) "Workforce development" means information access, core services, intensive services, training services and lifelong learning activities, including vocational education programs, programs in community and technical colleges, post-secondary education institutions and vocational institutions authorized to grant certifications, 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.
(j) "Workforce investment" means workforce development, including all public investments and activities undertaken to ensure that individuals are employable and companies are able to develop and obtain the skilled workforce they need to compete in the world marketplace.
(k) "Workforce investment program" means any program performing workforce development, including any agency, board or organization operating federally or state funded education programs or workforce training and services.
(l) "One-stop system" means a wholly integrated system of workforce investment programs provided by a collaborative network of providers designed to unify the numerous training and employment programs into a single, customer-friendly set of services and to deliver to employers and job seekers workforce investment services, including high quality information access, core services, intensive services, lifelong learning and work support services.
(m) "One-stop operator" means an entity that manages the daily functions of the regional one-stop system.
(n) "Required partner" includes a workforce investment program in the workforce investment area, including adult education and literacy programs, welfare-to-work programs, programs under the federal "Carl D. Perkins Vocational and Applied Technology Education Act" including both secondary and post-secondary education programs, community service block grants, unemployment insurance, reemployment services for unemployment insurance claimants, Wagner-Peyser services, vocational rehabilitation programs, programs under the federal "Older Americans Act of 1965", programs under the federal "Trade Adjustment Assistance Reform and Extension Act of 1986", programs under Chapter 41 of Title 38, U.S.C., concerning local veterans' employment representatives and disabled veterans' outreach programs and employment and training programs administered by the federal department of housing and urban development.
(o) "Optional partner" includes programs authorized under Part A of Title IV of the federal "Social Security Act", programs authorized under the federal "Food Stamp Act of 1977", programs authorized under the federal "National and Community Service Act of 1990", programs resulting from the federal "Ticket to Work and Work Incentives Improvement Act of 1999", programs authorized under the federal "Temporary Assistance for Needy Families" and other appropriate federal, state or local programs including economic development programs.
(p) "One-stop provider" means a designated required or optional partner or other entity that acts as a participant in the delivery of training services for the one-stop system.
(q) "Performance management system" means: (a) A system that uses outcome-based and performance-based accountability by linking funding to outcomes and performances; (b) a system that focuses on achieving results through uniform measures, standards and goals; (c) a system that assess outcome in three tiers: (1) Benchmarks for systemwide outcomes, such as employment in occupations with growing wages, employment retention, reduction in public assistance and employer satisfaction; (2) benchmarks for outcomes in regional one- stop systems, school-to-work programs and high-skill and high-wage jobs; and (3) operational and output measures to be used by provider agencies and implementers of the workforce investment system; and (d) a system that encompasses outcome-based and performance-based accountability and undertakes to achieve a process of continuous quality improvement through continuous cycles of examining the operational process, reviewing data on results and making adjustments to improve performances.
(r) "Outcome-based and performance-based accountability" means allocating resources using information on the performance of programs and agencies and allocating resources to explicitly meet policy objectives.
(s) "Core services" means services available to individuals who are adults or dislocated workers and shall at a minimum include:
(1) Determinations of whether the individuals are eligible to receive assistance;
(2) Outreach, intake and orientation to the information and other services available through the one-stop system;
(3) Initial assessment of skills levels, aptitudes, abilities and supportive service needs;
(4) Job search, placement assistance and career counseling;
(5) Provision of employment statistics information, including job vacancy listings, information on job skills necessary to obtain regional occupations in demand and information on earnings for regional occupations in demand;
(6) Performance information on eligible providers;
(7) Information regarding performance based on performance measures and the performance management system;
(8) Information relating to the availability of work support services;
(9) Information of transitional support;
(10) Assistance in establishing eligibility for welfare-to- work activities; and
(11) Follow-up services.
(t) "Intensive services" means services provided to adults and dislocated workers who are unemployed and unable to obtain employment through core services and have been determined by a one- stop operator to be in need of more intensive services, these services shall at a minimum include:
(1) Comprehensive and specialized assessments of the skill levels and service needs of job seekers;
(2) Development of an individual employment plan to identify the employment goals, appropriate achievement objectives and appropriate combination of services for a participant to achieve the employment goals;
(3) Group counseling;
(4) Individual counseling and career planning;
(5) Case management; and
(6) Short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills and professional conduct, to prepare individuals for employment or training.
(u) "Training services" means services provided to adults and dislocated workers who have met the eligibility requirements for intensive services and who are unable to obtain or retain employment through these services, these services may include:
(1) Occupational skills training;
(2) On-the-job training;
(3) Programs that combine workplace training with related instruction;
(4) Training programs operated by the private sector;
(5) Skill upgrading and retraining;
(6) Entrepreneurial training;
(7) Job readiness training;
(8) Adult education and literacy activities; and
(9) Customized training conducted with a commitment by an employer to employ the individual upon successful completion of the training.
(v) "Customized training" means training that is designed to meet the special requirements of an employer, is conducted with a commitment by the employer to employ an individual on successful completion of the training and the employer pays for not less than fifty percent of the cost of the training.
(w) "On-the-job training" means training by an employer that is provided to a paid participant while engaged in productive work in a job that provides knowledge or skills essential to the full and adequate performance of the job, provides reimbursement to the employer of up to fifty percent of the wage rate of the participant, for the extraordinary costs of providing the training and additional supervision related to the training, and is limited in duration as appropriate for the occupation for which the participant is being trained.
(x) "Dislocated worker" means an individual who: (1) Has been terminated or laid off, or who has received notice or layoff, from employment, is eligible for or has exhausted entitlement to unemployment compensation or is not eligible for unemployment compensation, but has been employed for a duration sufficient to demonstrate attachment to the workforce, and is unlikely to return to a previous industry or occupation; (2) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant or enterprise, is employed at a facility at which the employer has made a general announcement that such facility will close within one hundred eighty days, or for purposes of eligibility to receive services other than training services, intensive services, or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close; (3) was self-employed but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or (4) is a displaced homemaker.
(y) "Basic skills deficient" means, with respect to an individual, that the individual has English reading, writing or computing skills at or below the eighth-grade level on a generally accepted standardized test or a comparable score on a criterion- referenced test.
(z) "Rapid response activity" means an activity provided by the state, or an entity designated by the state, in the case of a permanent closure or mass layoff at a plant, facility or enterprise, or a natural or other disaster, that results in mass job dislocation, in order to assist dislocated workers in obtaining reemployment.
(aa) "Youth" means an individual that is not less than sixteen years of age and not more than twenty-two years of age.

§5B-2B-6. Establishment and duties of workforce investment commission.

The West Virginia workforce investment commission is hereby created. The commission shall be the successor of the West Virginia workforce investment board established the eighth day of August, two thousand, by executive order. The commission shall serve as the lead advisor on all workforce investment activities ensuring that the state appropriately administers federal and state workforce investment funds by coordinating planning and services for an integrated network of workforce investment. The commission shall have the following powers and duties:
(a) To advise the governor, the Legislature, state and local agencies and the business sector regarding policies and programs concerning workforce investment;
(b) To coordinate strategies for cooperation between the academic, governmental and business sectors;
(c) To coordinate strategies for cooperation between the workforce investment system and economic development efforts thus linking workforce investment services to worker skills needed by employers and assuring a labor force that is competent, efficient and attractive;
(d) To review plans and all programs of federally funded or state-funded workforce investment programs for effectiveness, duplication, fiscal accountability and coordination;
(e) To develop and implement policies which affect workforce investment programs, including developing a strategy to retrain teachers, who are reduced in force, for critical need areas;
(f) To serve as an information clearinghouse for all workforce investment programs operating in the state;
(g) To market and make the public, including business and job seekers, aware of workforce investment plans, policies and programs;
(h) To develop a monitoring, quality assurance, quality improvement and performance management system that routinely assesses the quality and effectiveness of workforce investment programs to ensure that each is achieving annual objectives and emphasizes the practice of cost and resource sharing;
(i) To develop a framework for the budgeting and operation of the workforce investment system which includes goals, objectives and performance measures for partnering agencies;
(j) To assume duties and responsibilities assigned to the West Virginia workforce investment board, including;
(1) Prepare a state plan for workforce investment;
(2) Develop and provide ongoing oversight and improvement of a statewide workforce investment system carried out through a one- stop system, including oversight of criteria for certifying one- stop operators and providers of training services;
(3) Review each regional workforce investment board and assess regional plans and partnership effectiveness;
(4) Comment annually on the measures taken pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act;
(5) Develop allocation formulas for the distribution of funds for adult employment and training activities and youth activities to regional areas as permitted in the federal Workforce Investment Act of 1998;
(6) Designation of regional workforce investment areas;
(7) Development of performance measures to be used to assess the effectiveness of workforce investment programs, providers and regional one-stop systems;
(8) Development of a statewide employment statistics system described in the Wagner-Peyser Act;
(9) Preparation of the annual report to the secretary of labor described in the federal Workforce Investment Act of 1998; and
(10) Development of an application for an incentive grant;
(k) To facilitate the development of memoranda of understanding between the regional workforce investment boards and the required partner agencies and to encourage the development of a memoranda of understanding between optional partner agencies;
(l) To develop a comprehensive plan that outlines the strategy to incorporate optional partner agencies as required partner agencies in the one-stop system as directed in this article;
(1) The preliminary report of the comprehensive plan shall be submitted to the governor and the legislative joint commission by the first day of September, two thousand two;
(2) The comprehensive plan shall be submitted to the governor, the legislative joint commission and the Legislature by the first day of September, two thousand three; and
(3) Pursuant to the comprehensive plan developed by the commission, an optional partner shall be a required partner for purposes of this article on the first day of July, two thousand four;
(m) To submit to the governor by the first day of September annually a recommendation for appropriating federal or state workforce investment funds to workforce investment programs;
(n) To submit to the governor and the legislative joint commission, as representative of the Legislature, by the first day of September annually a comprehensive report that includes at least the following:
(1) An evaluation of current workforce investment programs and policies, including revenues and expenditures of agencies, boards and organizations operating workforce investment programs;
(2) An evaluation of unmet workforce development needs and workforce changes that are likely to occur within the next decade, including the industries, occupations and geographic areas involved;
(3) Recommendations for policy or program changes; and
(4) Any such other information requested by the governor or the legislative joint commission; and
(o) To make available to the public, on a regular basis through open meetings, information regarding the activities of the commission, including information regarding the state plan prior to submission of the plan, information regarding membership and, on request, minutes of formal meetings of the commission.

§RB-2B-7. Additional powers and duties of the commission.

In addition to the duties and powers set forth in section six, the commission may:
(a) Promulgate rules essential to its internal functions and duties; and
(b) Enter into contracts, require reports and studies to be made, conduct investigations and take other actions necessary to fulfill its duties under this article.

§5B-2B-8. State Plan.

(a) In accordance with the federal Workforce Investment Act of 1998, the governor shall submit to the federal government a state plan that outlines a five-year strategy for workforce investment and meets the requirements of the federal Workforce Investment Act of 1998. The state plan shall be based upon and consistent with regional workforce investment plans. The plan shall recognize West Virginia's goal to address literacy and basic education activities critical to the well-being of individuals. The plan shall incorporate the state's goal to decrease unemployment while increasing per capita income, promote entrepreneurship, increase capital formation, create a diversified economy and empower West Virginians through educational attainment.
(b) The plan shall include:
(1) A description of the collaborative process used by the commission with workforce investment programs in the development of the state plan;
(2) A description of the performance management system and identification of performance measures, including a description of the benchmark indicators that will be utilized to gauge the progression of productivity against the performance measurements, these indicators shall compare effectiveness to national and state data to provide a comparison of progress by which the state may measure the attainment of its goals;
(3) A description of the state's employment opportunities by occupation and the job skills necessary to obtain employment opportunities;
(4) A description by regional area of the skills and economic needs of the state and the type and availability of workforce investment activities in the region;
(5) A description of regional workforce investment areas, including the process used to designate each regional area;
(6) A description of the criteria used by chief elected officials to appoint members to the regional workforce investment boards;
(7) A detailed plan as required under the Wagner-Peyser Act;
(8) A description of the state's strategy to assure coordination of workforce investment programs, including the common reporting process and data collection procedure used;
(9) A description of how the state allows for public comment and input prior to submission of the state plan to the secretary of labor;
(10) Information identifying the state's use of federal Workforce Investment Act of 1998 funds and the strategy used to leverage other federal, state, local and private resources to maximize the effectiveness of resources and to expand the participation of businesses, employees and individuals in the one- stop system;
(11) A description of how the state manages effective fiscal control and the role of the performance management system;
(12) A description of the methods and factors used in distributing moneys to regional areas for youth activities and adult employment and training activities and how the state consults with local elected officials in determining the distribution of the moneys in the respective regions;
(13) A description of the formula for allocation of moneys to regional workforce investment areas for dislocated worker employment and training activities;
(14) Information specifying the action that constitutes a conflict of interest in the state;
(15) The strategy used by the state to assist local governments in the development and implementation of a fully operational one-stop system;
(16) A description of the appeals process a county or group of counties may use when denied designation as a regional workforce investment area;
(17) A description of the competitive process used to award grants and contracts for workforce investment activities;
(18) A description of employment and training activities provided by each regional workforce investment board, including:
(A) A description of how the state provides rapid response activities to dislocated workers and a description of an identifiable rapid response dislocated worker unit to carry out rapid response activities;
(B) The procedures used by the regional workforce investment boards to identify eligible providers of training services;
(C) The strategy used to serve the employment and training needs of dislocated workers, low-income individuals, individuals training for nontraditional employment, individuals with disabilities and other individuals with multiple barriers to employment; and
(D) The strategy used to assure that veterans are afforded employment and training activities;
(19) A description of youth activities provided by each regional workforce investment board, including;
(A) A description of the strategy used to provide comprehensive services to eligible youth;
(B) A description of the criteria used by regional workforce investment boards in awarding grants for youth activities; and
(C) The strategy used to coordinate youth activities carried out statewide, including activities carried out by job corps and youth opportunity grants;
(20) A description of the method used to develop and implement an integrated case management system with common intake forms, databases and shared assessments;
(21) A description of the policy or strategy used to increase wages for job seekers; and
(22) A description of the state's development of coordinating and integrating other applicable state and federal workforce investment and economic development programs in the regional workforce investment areas and the regional one-stop system.
(c) The chair of the commission shall present the state plan or any amendments to the plan to the legislative joint commission before the first day of September annually.
(d) On approval of the plan by the governor, state agencies represented on the commission shall use the state plan to develop the intergovernmental operational plan.

§5B-2B-9. Use of workforce investment funds.

The commission shall advise the governor and the legislative joint commission, as representative of the Legislature, on all matters pertaining to the use of workforce investment funds, including a recommendation as to the use of fifteen percent of the funds provided under the federal Workforce Investment Act of 1998. Any funds expended under this article shall be appropriated by the Legislature.

§5B-2B-10. West Virginia workforce investment commission membership, terms, removal, compensation, quorum, appointment of chair and subcommittees.

(a) The commission shall consist of thirty-nine members. A majority of the members shall always be from the private/business sector. The members shall be appointed as follows:
(1) The governor;
(2) Two members of the Senate recommended by the President, who are selected from the legislative joint commission;
(3) Two members of the House of Delegates recommended by the Speaker, who are selected from the legislative joint commission;
(4) Representatives appointed by the governor, who are:
(A) Owners of businesses, chief executive officers, chief operating officers of business and other business executives or employers with optimum policy-making or hiring authority, including members of regional workforce investment boards;
(B) Representatives of businesses having employment opportunities that reflect the employment opportunities of the state; and
(C) Individuals nominated by state business organizations and business trade associations;
(i) At least four of the private/business sector members shall be selected from the council for community and technical college education; and
(ii) At least four of the private/business sector members shall be selected from the West Virginia council for community and economic development;
(5) Two chief elected officials representing cities and counties;
(6) Two representatives of labor organizations appointed by the governor who have been nominated by state labor federations;
(7) Two representatives of individuals and organizations having experience in youth activities, including at least one youth from a post-secondary education institution;
(8) Two representatives of individuals and organizations having experience and expertise in the delivery of workforce investment programs, including one chief executive officer of community and technical colleges and one community-based organization within the state; and
(9) By virtue of their offices, the following agency and board heads: The secretary of the department of education and the arts, the superintendent of the department of education, the commissioner of the bureau of commerce, the commissioner of the bureau of senior services; the commissioner of the bureau of employment programs; and the director of veterans' affairs.
(b) To ensure conformity with the federal Workforce Investment Act of 1998, effective the first day of July, two thousand four, the commission may consist of those additional members representing, by virtue of their offices, the optional partners that are designated required partners pursuant to this article and those additional members from the private/business sector needed to maintain their majority status on the commission.
(c) The governor shall appoint a chair of the commission from among the private/business sector members and the council for community and technical college education. The chair shall serve as the governor's personal representative and primary policy advisor on employment and training issues and designee for all workforce investment matters. The chair shall serve at the will and pleasure of the governor.
(d) The Senate shall confirm the appointment of the chair and all other committee members appointed by the governor.
(e) The members appointed by the governor shall serve for a term of four years. Elected officials shall forfeit their appointment if they cease to serve in elected office.
(f) No member of the commission appointed by the governor may be removed from office by the governor except for official misconduct, incompetence, neglect of duty or gross immorality and then only in the manner prescribed by law for the removal of the state elective officers by the governor.
(g) Members of the commission shall be reimbursed for actual and necessary expenses incident to the performance of their duties upon presentation of an itemized sworn statement thereof. The foregoing reimbursement for actual and necessary expenses shall be paid from appropriations made by the Legislature to the commission.
(h) To constitute a quorum, a majority of the commission members must be present, additionally a majority of the members present must be from the private/business sector.
(i) The commission shall meet at least quarterly upon the call of the chair.
(j) The chair of the commission may establish subcommittees in order to carry out the duties and responsibilities of the commission. The chair shall appoint a minimum of two advisory subcommittees: The intergovernmental task force and the entrepreneurial task force.
(1) The intergovernmental task force shall consist of the members appointed to the commission by virtue of their offices pursuant to subdivision (9), subsection (a) of this section. The duties of the intergovernmental task force shall include:
(A) To develop a strategy to achieve a unified, coordinated workforce investment system;
(B) To develop procedures to harmonize agencies' workforce investment services, resources, workforce, data sharing and performance measures;
(C) To develop common definitions used in the workforce investment system;
(D) To enhance the performance management system by developing procedures for awarding resources and incentives to regional workforce investment boards based on job placements and other performance measures;
(E) To prepare a training program for regional workforce investment boards that emphasizes the workforce investment goals and strategies as described in the state plan;
(F) To prepare a procedure to provide technical assistance to regional workforce investment boards; and
(G) Any other tasks or duties directed by the commission.
(2) The entrepreneurial task force shall consist of the business/private sector members appointed to the commission by the governor pursuant to subdivision (4), subsection (a) of this section. The chair shall serve as an ex-officio, nonvoting member of the entrepreneurial task force. The duties of the entrepreneurial task force shall include:
(A) A strategy to develop a workforce investment system that is responsive to business needs, labor markets and occupational skill needs;
(B) To develop a credentialing system that is business driven and forward-looking;
(C) To develop and monitor the state's workforce investment system ensuring that job seekers, workers and employers can easily access needed services; and
(D) Any other tasks or duties directed by the commission.

§5B-2B-11. West Virginia workforce investment commission staffing and executive director.

(a) The governor shall appoint an executive director of the commission. The executive director shall:
(1) Report to the chair of the commission;

(2) Perform duties assigned by the commission;

(3) Administer the daily operations of the commission;
(4) Appoint officers, accountants, attorneys, experts and other employees for the commission and assign the duties for these employees;
(5) Delegate authority to persons, as the executive director considers reasonable and proper, for the effective administration of the commission; and
(6) Any other tasks or duties directed by the commission.
(b) The Senate must confirm the appointment of the executive director. The executive director shall serve at the will and pleasure of the governor.
(c) The executive director may employ such other persons necessary for the operation of the commission, but also shall maximize, to the extent feasible, the use of resources from other governmental agencies. The Legislature may appropriate federal and state funds as needed to administer the commission and support its clerical, professional and technical staff. The executive director may ask for assistance from governmental agencies as it requires in order to fulfill its duties and responsibilities.

§5B-2B-12. State agencies.

A state agency that receives any federal or state funding for workforce investment activities shall provide to the commission an estimate of fund availability, where funds are appropriated and for what purpose, performance measures used, services provided by the state agency in each regional workforce investment area and any other information requested by the commission related to workforce investment programs. A state agency must provide requested information to the commission in a timely manner.

§5B-2B-13. Creation and designation of regional workforce investment areas and certification of regional workforce investment boards.

(a) Pursuant to the federal Workforce Investment Act of 1998, the governor shall designate regional workforce investment areas consistent with the state plan, a minimum of at least four regional workforce investment areas shall serve the state.
(b) The following criteria shall be used in designating a regional workforce investment area:
(1) The geographic areas served by local education agencies;
(2) The geographic areas served by post-secondary educational institutions and vocational institutions;
(3) The extent to which the geographic areas are consistent with labor market areas;
(4) The distance that individuals need to travel to receive services; and
(5) The resources that are available to effectively administer regional workforce investment activities.
(c) The governor shall, once every two years, certify one regional workforce investment board for each regional area in the state. Initial certification shall be based on criteria established under this article and the federal Workforce Investment Act of 1998. Subsequent certification shall be based on the extent to which the regional workforce investment board ensured that workforce investment activities carried out in the regional area enabled the area to meet the regional performance measures. Failure of a regional workforce investment board to achieve certification shall result in reappointment and certification of another regional workforce investment board.

§5B-2B-14. Duties of the regional workforce investment boards and funding for core, intensive and training services.

(a) A regional workforce investment board is responsible and accountable for the planning, oversight and evaluation of all workforce investment programs in its region. A regional workforce investment board is composed of two components: An employer services component and an integrated service delivery system. A regional workforce investment board shall ensure effective outcomes consistent with statewide goals and objectives. A regional workforce investment board shall have the following powers and duties:
(1) To develop and submit a regional plan to the governor and the commission;
(2) To develop a budget for purposes of carrying out the duties of the regional workforce investment board;
(3) To solicit and accept grants and donations from sources other than federal funds;
(4) To oversee and evaluate the delivery of workforce investment programs in its region, including the regional one-stop system and regional programs of youth activities;
(5) To develop linkages with economic development efforts and activities in the region and promote cooperation and coordination among public organizations, education agencies and private businesses;
(6) To assist in the development of a statewide employment statistics system as described in the Wagner-Peyser Act;
(7) To negotiate and reach agreement on regional performance measures and eligibility requirements for training providers with the governor, the commission and the chief elected official;
(8) To promote the participation of private sector employers in the statewide workforce investment system;
(9) To coordinate strategies for cooperation and develop linkages to ensure coordination and nonduplication among workforce investment programs;
(10) To create youth councils; and
(11) To designate or certify one-stop operators, with agreement of the chief elected official, and terminate the eligibility of an operator for cause, identify eligible providers of youth activities, identify eligible providers of training services for adults and dislocated workers and identify eligible providers of intensive services by awarding contracts if the one- stop operator does not provide such intensive services, plus promote the one-stop partner system to include all optional partners.
(b) In using regional workforce investment funds for eligible adult customers, a regional workforce investment board shall use the funds for core, intensive and training services.
(1) Core services shall be available to individuals who are adults or dislocated workers, including individuals with disabilities, through the one-stop system.
(2) Intensive services shall be provided to adults and dislocated workers, including individuals with disabilities, who are unemployed and unable to obtain employment through core services and have been determined by a one-stop operator to be in need of more intensive services in order to obtain employment or adults who are employed, but who have been determined by a one-stop operator to be in need of intensive services in order to obtain or retain employment that allows for self-sufficiency.
(3) Training services shall be provided to adults and dislocated workers, including individuals with disabilities, who have met the eligibility requirements for intensive services and who are unable to obtain or retain employment through intensive services and after assessment have been determined by a one-stop operator to be in need of training services and to have skills and qualifications to successfully participate in the selected program of training services. Intensive training services shall be limited to individuals who are unable to obtain other grant assistance for similar services.
(c) A regional workforce investment board may not have direct authority or control over workforce investment funds and programs in its region other than programs funded through that regional workforce investment board. A regional workforce investment board may not directly provide workforce training and services unless the governor grants a waiver as provided in the federal Workforce Investment Act of 1998.
(d) A regional workforce investment board may not mandate curricula for schools.
(e) A regional workforce investment board may create committees as needed to carry out its duties and responsibilities. To serve as a member of a committee created by the regional workforce investment board, an individual is not required to be a member of the regional workforce investment board.
(f) A regional workforce investment board may employ professional, technical and support staff to carry out its planning, oversight and evaluation functions. The staff shall be separate from and independent of any organization providing workforce investment activities in the region.
(g) A regional workforce investment board shall make available to the public, on a regular basis through open meetings, information regarding the activities of the regional workforce investment board, including information regarding the regional plan prior to submission of the plan, information regarding membership and, on request, minutes of formal meetings of the regional workforce investment board.
(h) A regional workforce investment board shall ensure that parents, participants and other members of the community with experience relating to youth are involved in the design and implementation of youth programs.

§5B-2B-15. Regional planning and cooperation.

(a) Regional workforce investment boards for a designated area shall participate in a regional planning process that results in the establishment of regional performance measures for workforce investment activities. Regional incentive grants may be awarded to the designated regions that meet or exceed regional performance measures.
(b) Regional workforce investment boards for a designated area shall share employment statistics, information about employment opportunities and trends and other types of information that assists in improving the performance of all areas in the designated region on regional performance measures.
(c) Regional workforce investment boards for a designated area shall coordinate workforce investment activities, including the provision of transportation and other supportive services.

§5B-2B-16. Regional workforce investment board membership.

(a) Members of the regional workforce investment boards shall be appointed by local elected officials in accordance to criteria established by the governor in the state plan. Each regional workforce investment board shall consist of twenty-nine members. A majority of the members shall be from the private/business sector.
(b) Members shall be appointed as follows:
(1) Two representatives from local educational entities, including at least one representative from a community or technical college;
(2) Two representatives from labor organizations;
(3) Two representatives from community-based organizations, including at least one youth;
(4) Two representatives from economic development agencies, including at least one representative from private sector economic development entities;
(5) A representative from each one-stop partner; and
(6) Representatives of the private/business sector, including owners of businesses, chief executives or chief operation officers of nongovernmental employers or other private sector executives who have substantial management or policy responsibilities, at least four of the private/business sector members shall be selected from county or regional development authorities.
(c) Members of the regional workforce investment board that represent organizations, agencies or other entities shall be individuals with optimum policy-making authority within the organizations, agencies or entities.
(d) The presiding officer of the regional workforce investment board shall be selected from the private/business sector.
(e) To constitute a quorum a majority of the board members must be present, additionally a majority of the members present must be from the private/business sector.
(f) To ensure conformity with the federal Workforce Investment Act of 1998, effective the first day of July, two thousand four, a regional workforce investment board may consist of those additional members representing the optional partners that are designated required partners pursuant to this article and those additional members from the private/business sector needed to maintain their majority status on the regional board.

§5B-2B-17. Regional plan.

Subject to the approval of, and in partnership with, the local elected officials, each regional workforce investment board shall develop a comprehensive five-year regional plan. The regional plan shall include:
(a) A description of:
(1) The workforce development needs of businesses, job seekers and workers in the regional area;
(2) The current and projected employment opportunities; and
(3) The job skills necessary to obtain these employment opportunities;
(b) A description of the regional one-stop system, including:
(1) How the regional workforce investment board ensures the continuous improvement of the one-stop system;
(2) How the regional workforce investment board ensures that eligible providers have high level performance, continuous improvement and customer satisfaction from both businesses and job seekers;
(3) A copy of each memorandum of understanding between the regional workforce board and each of the required partners and participating optional partners concerning the operation of the one-stop system; and
(4) A description of the regional levels of performance negotiated with the governor and local elected officials for the purpose of measuring the performance of the region;
(c) A description and assessment of the type and availability of adult and dislocated worker employment and training activities in the region;
(d) A description of how the regional workforce investment board coordinates workforce investment activities in the region;
(e) A description and assessment of the type and availability of youth activities in the region and how these youth activities coordinate with other education activities;
(f) A description of the process used by the regional workforce investment board to provide an opportunity for public comment;
(g) A description of the competitive process used to award the grants and contracts in the region; and
(h) Any other information as the governor or commission may require.

§5B-2B-18. One-stop operator eligibility.

(a) Consistent with the requirements of the federal Workforce Investment Act of 1998 for one-stop operators, the regional workforce investment board, with agreement of the local elected official, is authorized to designate or certify one-stop operators and to terminate for cause the eligibility of one-stop operators.
(b) To be eligible to receive moneys as an one-stop operator, an entity or consortium of entities, shall be certified as an one- stop operator by any of the following methods:
(1) If a one-stop system was established prior to the effective date of the federal Workforce Investment Act of 1998, the regional workforce investment board, local elected official and governor may agree to certify as an one-stop operator an entity carrying out activities under a preexisting system;
(2) An entity may be selected for certification as an one-stop operator through a competitive process; or
(3) An entity may be selected for certification as an one-stop operator in accordance with an agreement between the regional workforce investment board and a consortium of entities that, at a minimum, includes three or more required partners that demonstrated effectiveness in the area and may include the following:
(A) Community and technical colleges or another post-secondary education institution;
(B) An employment service agency established under the federal Wagner-Peyser Act;
(C) A private nonprofit organization, including a community- based organization;
(D) A private for-profit entity;
(E) A government agency; or
(F) Another interested organization or entity.
(c) Elementary schools and secondary schools shall not be eligible for designation as one-stop operators, except that nontraditional public secondary schools and area vocational education schools shall be eligible for designation as one-stop operators.

§5B-2B-19. Required and optional partners for regional workforce investment boards.

(a) Each regional workforce investment board, with the agreement of the local elected officials, is authorized to designate or certify the required partners for purposes of participating in the delivery of services for the one-stop system. All required one-stop partners shall perform in a coordinated manner the following functions:
(1) Make available to participants through the one-stop system the core and intensive services that are required of and applicable to the partner's programs;
(2) Serve as representatives on the regional workforce investment board;
(3) Use a portion of moneys, personnel and other available resources to create and maintain a one-stop system by entering into a memorandum of understanding; and
(4) Enter into a memorandum of understanding with the regional workforce investment board relating to the operation of the one- stop center. This memorandum of understanding shall include a description of services, how the cost of the identified services and operating costs of the system are funded, methods for referrals of individuals and methods for cross-training staff.
(b) Optional partners may perform the following functions:
(1) Make available to participants through the one-stop system the core and intensive services that are required of and applicable to the partner's programs; and
(2) Participate in the operation of the one-stop system, consistent with the terms of the memorandum of understanding approved by the regional workforce investment board and with requirements of the federal act in which the program is authorized, if the regional workforce investment board and local elected officials approve of such participation.
(c) Pursuant to the comprehensive plan developed by the commission as described in subdivision (3), subsection (l), section six of this article, an optional partner shall be a required partner for purposes of this article on the first day of July, two thousand four.
(d) If an optional partner is designated or certified, its functions and responsibilities shall be the same as those of required partners as set forth in this article.

§5B-2B-20. Memorandum of understanding.

(a) The regional workforce investment board, with agreement of the local elected officials, shall develop and enter into a memorandum of understanding between the regional workforce investment board and the one-stop partners concerning the provision of services in the one-stop system in the regional area.
(b) Each memorandum of understanding shall contain provisions describing:
(1) The framework of cooperation among one-stop partners;
(2) The services to be provided through the one-stop system;
(3) How the costs of services and the operating costs of the system are funded;
(4) Methods for cross-training and cost and resource sharing;
(5) Methods for referral of individuals between the one-stop operators and the one-stop partners for the appropriate services and activities;
(6) The duration of the memorandum of understanding and the procedures for amending the memorandum of understanding; and
(7) Such other provisions, consistent with the federal Workforce Investment Act of 1998 that the parties agree to be appropriate or as requested by the commission.

§5B-2B-21. Eligible providers of training services, initial eligibility and continuation of funds.

(a) To be identified as an eligible provider of training services and to receive funds pursuant to this article, a provider must fall into one of three categories:
(1) A post-secondary education institution that is eligible to receive federal funds under Title IV of the Higher Education Act to provide a program that leads to an associate degree, baccalaureate degree or certificate;
(2) An entity that carries out a registered apprenticeship program under the National Apprenticeship Act; or
(3) Another public or private provider of a program of training services, including programs of technical education centers.
(b) Post-secondary education institutions and providers of registered apprenticeship programs, as described above, are initially eligible to be training providers if they submit a timely application to the regional workforce investment board containing information that the regional workforce investment board may require.
(c) Public and private providers of training services, as described above, must satisfy procedures established by the governor in accordance with the federal Workforce Investment Act of 1998, for use by regional workforce investment boards, to receive initial eligibility.
(d) The governor, with the advice of the commission, must establish procedures for use by the regional workforce investment boards to determine the eligibility of providers to continue to receive workforce investment funds after the initial period of eligibility. In developing subsequent eligibility procedures, the governor must solicit and consider the recommendations of regional workforce investment boards. To continue to receive workforce investment funds after the initial period of eligibility, a provider shall:
(1) Submit performance information, program cost information and any additional information required to be submitted by the regional workforce investment board; and
(2) Annually meet performance levels based on performance information, including:
(A) Program completion rates for all individuals participating in the provider's program;
(B) Percentage of all individuals participating in the program who obtained unsubsidized employment;
(C) Wages at the time the individual is placed in employment;
(D) Placement rate in unsubsidized employment of participants who completed the program;
(E) Retention rates in unsubsidized employment of participants who completed the program six months after the first day of the employment involved;
(F) Rates of licensure or certification, attainment of academic degrees or equivalents or attainment of other measures of skills of the graduates of the program;
(G) Information on program cost; and
(H) Any other information required by the regional workforce investment board or commission.

§5B-2B-22. Youth councils, establishment, membership and duties.

(a) Each regional workforce investment board shall establish a youth council as an advisory committee to the regional workforce investment board.
(b) The regional workforce investment board in cooperation with the chief elected official shall appoint fifteen members to the youth council. The membership of the youth council must include:
(1) Two members of the regional workforce investment board with a special interest or expertise in youth policy;
(2) Two representatives of youth service agencies, including juvenile justice and local law-enforcement agencies;
(3) Two parents of eligible youth seeking assistance;
(4) Two former participants, including representatives of youth-serving organizations that have experience relating to youth- related workforce investment activities;
(5) Two representatives of the job corps as appropriate;
(6) Three youth, including at least one representative from a secondary education institution, a post-secondary education institution or a vocational institution;
(7) One representative from professional school personnel that deals with at-risk-students; and
(8) One representative from a private nonprofit or community- based organization.
(c) A member of the youth council who is not a member of the regional workforce investment board at the time the member is appointed to the youth council is a voting member of the youth council, and a nonvoting member of the regional workforce investment board.
(d) The youth council shall:
(1) Develop and recommend to the regional workforce investment board a plan for eligible youth;
(2) Recommend to the regional workforce investment board providers for youth activities to which the regional workforce investment board may award grants or contracts on a competitive basis;
(3) Oversee eligible providers of youth activities in the regional area;
(4) Coordinate youth activities in the regional area;
(5) Develop a plan for linking workforce investment and economic development activities; and
(6) Perform resource mapping for community-based, resource- based, faith-based, government-sponsored and school-sponsored programs.
(e) The youth plan developed under this section must be incorporated into the regional workforce investment plan submitted by the regional workforce investment board to the commission.

§5B-2B-23. Youth activities purposes and use of funds for youth activities.

(a) A youth activity shall fulfill at least one of the following purposes:
(1) Provide assistance to youth in achieving academic and employment success by improving education and skills competencies, and by providing effective connections to employers;
(2) Ensure ongoing mentoring opportunities for eligible youth with adults committed to providing mentoring opportunities;
(3) Provide opportunities for training eligible youth;
(4) Provide continued supportive services for eligible youth;
(5) Provide incentives for recognition and achievement to eligible youth; and
(6) Provide opportunities for eligible youth in activities related to leadership, development, decisionmaking, citizenship and community service.
(b) A regional workforce investment board shall identify eligible providers of youth activities by awarding grants or contracts on a competitive process, based on recommendations of the regional youth council and by criteria established under the state plan and in this article. A regional workforce investment board shall conduct oversight with respect to the providers of youth activities in the regional area.
(c) At least eighty-five percent of workforce investment youth funds must be allocated to regional areas for programs that:
(1) Provide an objective assessment of academic levels, skill levels and service needs of each participant, which assessment shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes, supportive service needs and developmental needs;
(2) Develop a service strategy for each participant that identifies an employment goal, appropriate achievement objectives and appropriate services for the participant, taking into account the assessment described above; and
(3) Provide preparation for post-secondary education opportunities, strong linkages between academic and occupational training, preparation for unsubsidized employment opportunities and effective connections to intermediaries with strong links to the job market and regional employers.