2.2-2670 - Powers and duties of the Council; Virginia Workforce Network created.

§ 2.2-2670. Powers and duties of the Council; Virginia Workforce Networkcreated.

A. The Council shall undertake the following actions to implement and fosterworkforce training, exclusive of the career and technical education programsprovided through and administered by the public school system:

1. Provide policy advice to the Governor on workforce and workforcedevelopment issues;

2. Provide policy direction to local workforce investment boards;

3. Identify current and emerging statewide workforce needs of the businesscommunity;

4. Forecast and identify training requirements for the new workforce;

5. Create strategies that will match trained workers with available jobs;

6. Provide an annual report to the Governor concerning its actions anddeterminations under subdivisions 1 through 5;

7. Create procedures, guidelines, and directives applicable to localworkforce investment boards and the operation of one-stops, as necessary andappropriate to carry out the purposes of this article; and

8. Perform any act or function in accordance with the purposes of thisarticle.

B. The Council shall establish at least two committees as follows: onecommittee to accomplish the aims of the WIA and one committee to focus onhigh-technology workforce training needs.

C. The Council and the Governor's cabinet secretaries shall assist theGovernor in complying with the provisions of the WIA and ensuring thecoordination and effectiveness of programs and providers comprising elementsof the Virginia Workforce Network.

D. The Council shall assist the Governor in the following areas with respectto workforce development: development of the WIA State Plan; development andcontinuous improvement of a statewide workforce development system;development of linkages to ensure coordination and nonduplication amongprograms and activities; review of local plans; designation of local areas;development of local discretionary allocation formulas; development andcontinuous improvement of comprehensive state performance measures including,without limitation, performance measures reflecting the degree to whichone-stop centers provide comprehensive services with all mandatory partnersand the degree to which local workforce investment boards have obtainedfunding from sources other than the WIA; preparation of the annual report tothe U.S. Secretary of Labor; development of a statewide employment statisticssystem; development of incentive grant applications; and development of astatewide system of one-stop centers that provide comprehensive workforceservices to employers, employees, and job seekers.

The Council shall share information regarding its meetings and activitieswith the public.

E. Each local workforce investment board shall develop and submit to theGovernor and the Virginia Workforce Council an annual workforce demand planfor its workforce investment board area based on a survey of local andregional businesses that reflects the local employers' needs and requirementsand the availability of trained workers to meet those needs and requirements;designate or certify one-stop operators; identify eligible providers of youthactivities; identify eligible providers of intensive services if unavailableat one-stop; develop a budget; conduct local oversight of one-stop operatorsand training providers in partnership with its local chief elected official;negotiate local performance measures, including incentives for goodperformance and penalties for inadequate performance; assist in developingstatewide employment statistics; coordinate workforce investment activitieswith economic development strategies and the annual demand plan, and developlinkages among them; develop and enter into memoranda of understanding withone-stop partners and implement the terms of such memoranda; promoteparticipation by the private sector; actively seek sources of financing inaddition to WIA funds; report performance statistics to the VirginiaWorkforce Council; and certify local training providers in accordance withcriteria provided by the Virginia Workforce Council.

Each local workforce investment board shall share information regarding itsmeetings and activities with the public.

F. Each chief local elected official shall consult with the Governorregarding designation of local workforce investment areas; appoint members tothe local board in accordance with state criteria; serve as the local grantrecipient unless another entity is designated in the local plan; negotiatelocal performance measures with the Governor; ensure that all mandatedpartners are active participants in the local workforce investment board andone-stop center and collaborate with the local workforce investment board onlocal plans and program oversight.

G. Each local workforce investment board shall develop and enter into amemorandum of understanding concerning the operation of the one-stop deliverysystem in the local area with each entity that carries out any of thefollowing programs or activities:

1. Programs authorized under Title I of the WIA;

2. Programs authorized under the Wagner-Peyser Act (29 U.S.C. § 49 et seq.);

3. Adult education and literacy activities authorized under Title II of theWIA;

4. Programs authorized under Title I of the Rehabilitation Act of 1973 (29U.S.C. § 720 et seq.);

5. Welfare-to-work programs authorized under § 403 (a) (5) of the SocialSecurity Act (42 U.S.C. § 603 (a) (5));

6. Activities authorized under title V of the Older Americans Act of 1965 (42U.S.C. § 3056 et seq.);

7. Postsecondary vocational education activities authorized under the Carl D.Perkins Vocational and Applied Technology Education Act (20 U.S.C. § 2301 etseq.);

8. Activities authorized under chapter 2 of Title II of the Trade Act of 1974(19 U.S.C. § 2271 et seq.);

9. Activities pertaining to employment and training programs for veteransauthorized under chapter 41 of title 38, United States Code;

10. Employment and training activities carried out under the CommunityServices Block Grant Act (42 U.S.C. § 9901 et seq.);

11. Employment and training activities carried out by the United StatesDepartment of Housing and Urban Development;

12. Programs authorized under Title 60.2, in accordance with applicablefederal law;

13. Workforce development activities or work requirements of the TemporaryAssistance to Needy Families (TANF) program known in Virginia as the VirginiaInitiative for Employment, not Welfare (VIEW) program established pursuant to§ 63.2-608; and

14. The workforce development activities or work programs authorized underthe Food Stamp Act of 1977 (7 U.S.C. § 2011 et seq.).

H. The Governor shall be responsible for the coordination of the VirginiaWorkforce Network and the implementation of the WIA.

(1998, cc. 701, 899, §§ 9-329.1, 9-329.2; 1999, cc. 840, 855; 2000, cc. 566,608; 2001, cc. 483, 844; 2003, c. 642; 2004, cc. 686, 872; 2006, cc. 696,751.)