NOTE: The governor signed this measure on 5/19/2016. HOUSE BILL 16-1302 BY REPRESENTATIVE(S) Duran and DelGrosso, Conti, Danielson, Esgar, Fields, Garnett, Hamner, Kraft-Tharp, Lontine, Melton, Mitsch Bush, Pettersen, Priola, Rosenthal, Ryden, Salazar, Williams, Young, Hullinghorst, McCann, Winter; also SENATOR(S) Newell, Aguilar, Carroll, Crowder, Guzman, Heath, Johnston, Jones, Kefalas, Kerr, Merrifield, Todd. Concerning the alignment of the Colorado statutes with the federal "Workforce Innovation and Opportunity Act" through the "Colorado Career Advancement Act". Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 8-15.5-105, amend (3) (a) as follows: 8-15.5-105. Evaluation. (3) The executive director, in consultation with the appropriate heads of executive agencies, shall prepare and furnish to the general assembly a study to determine the feasibility of and appropriate procedure for placing displaced homemakers in: (a) Programs established under the federal "Workforce Investment Act of 1998", 29 U.S.C. sec. 2801 et seq. "Workforce Innovation and Opportunity Act", 29 U.S.C. sec. 3101 et seq.; SECTION 2. In Colorado Revised Statutes, 8-75-204, amend (3) as follows: 8-75-204. Employee eligibility for unemployment benefits under the work share plan - employee eligibility for job training. (3) An eligible employee may participate in training, including employer-sponsored training and training funded through the federal "Workforce Investment Act of 1998", 29 U.S.C. sec. 2801 et seq., "Workforce Innovation and Opportunity Act", 29 U.S.C. sec. 3101 et seq., to enhance job skills if the training program has been approved by the department of labor and employment. SECTION 3. In Colorado Revised Statutes, amend 8-83-201 as follows: 8-83-201. Short title. The short title of this part 2 shall be known and may be cited as is the "Colorado Work force Investment Career Advancement Act". SECTION 4. In Colorado Revised Statutes, 8-83-202, amend (1) (a), (1) (e), and (2) (a) as follows: 8-83-202. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Passage of the federal "Workforce Investment Act of 1998", 29 U.S.C. sec. 2801 et seq., "Workforce Innovation and Opportunity Act", 29 U.S.C. sec. 3101 et seq., gives the state a unique opportunity to develop a work force program and employment system designed to meet the needs of employers, job seekers, and those who want to further their careers; (e) Therefore, it is in the state's best interest to adopt the Colorado work force investment development program set forth in this part 2. (2) The general assembly recommends that: (a) To the extent possible, counties or multi-county areas integrate their work force investment development program sources of funding to maximize the resources available at the local level to provide the services authorized under this part 2; and SECTION 5. In Colorado Revised Statutes , repeal and reenact, with amendments, 8-83-203 as follows: 8-83-203. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Colorado work force development program" or "work force development program" means the program of work force development created in this part 2. (2) "Department" means the department of labor and employment created in section 24-1-121, C.R.S., or any other state agency specified by the governor through executive order or otherwise. (3) "Federal act" means the federal "Workforce Innovation and Opportunity Act", 29 U.S.C. sec. 3101 et seq. (4) "Local elected officials" means the boards of county commissioners of the county or counties operating work force development programs; except that, in the case of a city and county, "local elected officials" means the mayor. (5) "Local plan" means a plan, developed and executed by a work force development board and sub-area board, that outlines the functions and responsibilities for delivery of services within a work force development area. (6) "National program grant" means a grant under subtitle D of Title I. (7) "One-stop operator" means the entity selected by a work force board, with concurrence by the local elected officials, to operate the one-stop career center in a local area. (8) "One-stop partner" means a person or organization described in section 8-83-216. (9) "Planning region" means a single local area or multiple local areas that have been designated by the state as a planning region for the purposes of developing a regional plan. (10) "Rural consortium local elected officials board" means the local elected officials appointed by each sub-area board in the rural consortium work force development area to serve as the local elected official for the rural consortium work force development area. (11) "Rural consortium work force development area" or "rural consortium area" means an area designated by the governor as a federal work force development area for which the department is the grant recipient. A rural consortium work force development area may contain one or more sub-areas. (12) "Rural consortium work force development board" or "rural consortium board" means the work force board appointed by the rural consortium local elected officials board. The rural consortium work force development board serves, on behalf of the sub-area boards in the rural consortium area, as the work force development board for specific functions under the federal act. (13) "State council" means the state work force development council created in section 24-46.3-101, C.R.S. (14) "State plan" means a plan, developed by the governor with the assistance of the state council and based upon local plans, for the delivery of services statewide under the federal act. (15) "Student" means an individual who is eighteen years of age or older and is enrolled in an adult education program or postsecondary education program through an institution of higher education, a technical college, a private occupational school, or an employer-sponsored training program. (16) "Sub-area board" means the optional work force advisory board of a sub-area within the rural consortium work force development area. (17) "Title I" means Title I of the federal act. (18) "Title I money" means money distributed pursuant to Title I. (19) "Wagner-Peyser Act" means the federal "Wagner-Peyser Act", 29 U.S.C. sec. 49a et seq. (20) "Wagner-Peyser funds" means federal moneys received by the department pursuant to the "Wagner-Peyser Act". (21) "Work force board" means either a local work force development board or a sub-area board. (22) "Work force development area" means a county, municipality, city and county, or group of counties, municipalities, or cities and counties that have banded together through an intergovernmental agreement to provide a work force development program and is designated by the governor as a federal work force development area. The rural consortium is a work force development area. (23) "Work force development board" means the work force development board for a federally designated work force development area. (24) "Work force development sub-area" or "sub-area" means a county or group of counties within the rural consortium that work together for the purpose of implementing programs authorized under the federal act and has a sub-area board. SECTION 6. In Colorado Revised Statutes, 8-83-204, amend (1), (2) (a), and (2) (e) as follows: 8-83-204. Work force development program - legislative declaration - purposes. (1) The general assembly finds, determines, and declares that this part 2 is adopted pursuant to the requirements of the federal "Workforce Investment Act of 1998", act and is intended to comply with the federal act's express requirements for participants in the operation of work force investment development programs. (2) The purposes of this part 2 are to: (a) Establish a central, coordinated delivery system at the local or regional level through which any citizen may look for a job, explore work preparation and career development services, and access a range of employment, training, and occupational education programs offering their services through local or regional work force investment development programs; (e) Allow counties increased responsibility for the administration of the work force investment development program, including determination of any expenditures of TANF funds for the purpose of cash contributions to infrastructure of the one-stop delivery system or delivery contracts. Counties are encouraged to include all the partners outlined in the federal act. SECTION 7. In Colorado Revised Statutes, amend 8-83-205 as follows: 8-83-205. Work force development program - creation - administration. (1) Under authority of the governor, the department shall cooperate with the state council to help establish and operate a network of work force investment development areas as set forth in this part 2. (2) Work force investment development areas may be established at a county local government level or at a multi-county multi-government level through intergovernmental agreements reached by the applicable local elected officials of the work force investment development area and subject to approval by the governor. (3) Local elected officials shall govern the operation of local work force investment development areas with policy guidance from work force boards appointed by the local elected officials. At the option of the local elected officials and the work force board, work force investment development programs may be operated by a county, the department, other governmental agencies, nonprofit or not-for-profit organizations, or private entities; except that Wagner-Peyser funds shall not be used to award contracts to nonprofit or not-for-profit organizations or private entities. Beginning July 1, 2017, the one-stop operator must be selected in accordance with the federal act and local policy in the work force development area. An entity that applies to become a work force program one-stop operator and is not selected may appeal the decision through any available appeal process of the applicable local governmental entity. (3.5) If no qualified one-stop operator responds to the procurement process in a local work force development area, the local elected officials for that area may designate the one-stop operator. (4) If federal or state financial support for the provision of employment and training services is eliminated or is reduced by an amount that is considered substantial by the local elected officials, the local elected officials are not required to continue funding or operating work force investment development programs. (5) The state council shall ensure that a local work force investment development area may function as a federally designated work force investment development area in applying for available national program grants under the federal act. Each work force board may apply for a grant for its own area in the manner it deems most appropriate. A work force board may apply for a grant for its own area and receive any corresponding moneys money awarded exclusively or may apply through other means and with other work force areas. Any grant moneys money awarded to a work force investment development area shall be is a direct pass-through from the federal government to the applicable work force investment development area. or areas. (6) A local work force investment development area created pursuant to this part 2 is authorized to operate with the same authority and functions as if the area were a federally designated work force investment development area. (7) A data system that is used to administer a program pursuant to this article 83 must not link or collect data systems maintained by education entities serving children under eighteen years of age. SECTION 8. In Colorado Revised Statutes, amend 8-83-206 as follows: 8-83-206. Local elected officials - function - authority. The local elected officials shall maintain a strong role in all phases and levels of implementation of the federal act. The local elected officials of a work force investment development area, in agreement with upon favorable recommendation of the work force board, are authorized to award contracts for the administration, implementation, or operation of any aspect of the work force investment development program to any appropriate public, private, or nonprofit entity in accordance with applicable county regulations and federal law; except that Wagner-Peyser funds shall not be used to award contracts to private or nonprofit entities. SECTION 9. In Colorado Revised Statutes, amend 8-83-207 as follows: 8-83-207. Local work force development boards - consortium work force development boards - work force development boards - authority - functions. (1) Designated Local work force investment development boards are subject to this part 2 and the federal act. Designated Local work force investment development boards operate for a federally designated work force investment development area. (2) (a) The consortium work force investment board shall delegate to the local work force investment boards the functions and requirements specified in this part 2 and in the federal act for work force boards. Subject to the limits specified in this part 2, the consortium board operates as the local work force investment board for the federally designated consortium work force investment area. (b) The consortium local elected officials board functions only as the local elected official for the consortium work force investment board. The consortium local elected officials board performs only those specified functions authorized in section 8-83-214. (3) Local work force investment boards operate as the work force boards for the local work force investment areas operating within the consortium work force investment area and as further specified in section 8-83-213. To the extent possible, local work force investment boards are subject to the requirements contained in this part 2 and the federal act. If a local work force investment board finds that compliance with any such requirement is not practicable, the work force board shall include in its local plan a description of the requirement and an explanation of why compliance is impracticable. Requirements that may be so described and explained include work force board membership requirements as specified in section 8-83-210 youth council membership requirements listed in section 8-83-212, and requirements for partners described in section 8-83-216. Although each local work force investment board has such discretion, it is subject to the outcome and performance measures required by the federal act and as negotiated with the consortium work force investment board in approving the local plan. Each local work force investment board shall meet the intent and purposes of this part 2 and the federal act. SECTION 10. In Colorado Revised Statutes, 8-83-208, amend (1); and repeal (2), (3), and (4) as follows: 8-83-208. Implementation - local plans. (1) (a) The Colorado work force investment development program shall be administered according to the state five-year four-year plan prepared in accordance with the local plans created pursuant to this section. Each designated local work force investment development area shall submit a plan that meets the requirements of subsection (2) of this section to the governor for approval. (b) The rural consortium work force investment development board shall develop a local plan that consists of a compilation of local plans submitted by each local work force investment sub-area board. The rural consortium work force investment development board shall ensure that the local plan for the consortium area, in total, meets the requirements specified in subsection (2) of this section and shall submit such plan to the governor for approval. Local work force investment Sub-area boards within the rural consortium work force investment development area shall submit local plans to the rural consortium work force investment development board for approval. (c) The details of the local plans must be in accordance with federal law. (2) Local plans for work force investment areas. Subject to the approval of, and in partnership with, the local elected officials, each work force board shall develop a comprehensive five-year local plan. The plan shall include: (a) A description of: (I) The work force development needs of businesses, job seekers, and workers in the area; (II) The current and projected employment opportunities in the area; and (III) The job skills necessary to obtain such employment opportunities; (b) A description of the work force investment program to be established in the work force investment area, including: (I) How the work force board will ensure the continuous improvement of eligible providers of services through the system and ensure that such providers meet the employment needs of local employers and participants; (II) A copy of each memorandum of understanding between the work force board and each of the federally required one-stop partners concerning the operation of the work force investment program in the local area; and (III) A description of the local levels of performance negotiated with the governor and local elected officials, for the purpose of measuring the performance of the local area and to be used by the work force board for measuring the performance of the local fiscal agent, if designated, eligible providers, and the work force investment program in the local area; (c) A description and assessment of the type and availability of adult and dislocated worker employment and training activities in the local area; (d) A description of how the work force board will coordinate work force investment activities carried out in the area with statewide rapid response activities, as appropriate; (e) A description and assessment of the type and availability of youth activities in the area, including an identification of successful providers of such activities; (f) A description of the process used by the work force board to provide an opportunity for public comment, including comment by representatives of businesses and labor organizations, where applicable, and input into the development of the local plan before submission of the plan; (g) Identification of the entity responsible for the disbursal of Title I moneys described in section 8-83-221 as determined by the local elected officials or the governor pursuant to said section; (h) A description of the competitive process to be used to award the grants and contracts in the work force investment area for activities implemented pursuant to this part 2; and (i) Such other information as the governor may require. (3) Process. Prior to the date the work force board submits a local plan under this section, the work force board shall: (a) Make available copies of the local plan to the public through such means as public hearings and local news media including, where feasible, the internet; (b) Allow members of the work force board and members of the public, including representatives of business and labor organizations, to submit comments on the proposed plan to the work force board beginning on the date on which the proposed local plan is made available and continuing for a period of thirty days; and (c) Include with the local plan submitted to the governor under this section any such comments that represent disagreement with the plan. (4) Plan submission and approval. A local plan submitted to the governor under this section is considered approved by the governor at the end of the ninety-day period that begins on the day the governor receives the plan, unless the governor makes a written determination during the ninety-day period that: (a) Deficiencies in activities carried out under this part 2 have been identified, and the area has not made acceptable progress in implementing corrective measures to address the deficiencies; or (b) The plan does not comply with requirements under the federal act. SECTION 11. In Colorado Revised Statutes, 8-83-209, amend (1); and repeal (2) and (3) as follows: 8-83-209. State work force development plan. (1) In accordance with the federal act, the governor shall submit to the federal government a state plan that outlines a five-year four-year strategy for the Colorado work force investment development program that meets the requirements of the federal act. In addition to the plan requirements specified in subsection (2) of this section the federal act, the state plan must be based upon and consistent with the local plans submitted to the governor pursuant to section 8-83-208. The details of the state plan must be in accordance with federal law. (2) Content. The state plan must include: (a) A description of the state council, including how the state council collaborated in the development of the state plan and a description of how the state council will continue to collaborate in carrying out the functions of the state council specified in section 8-83-224; (b) A description of state-imposed requirements for the Colorado work force investment program; (c) A description of the performance accountability standards that apply to work force activities; (d) Information describing: (I) The needs of the state with regard to current and projected employment opportunities, by occupation; (II) The job skills necessary to obtain such employment opportunities; (III) The skills and economic needs of the state's existing work force; and (IV) The type and availability of work force activities in the state; (e) An identification of the work force investment areas in the state, designated work force investment areas, the consortium work force investment area, and the local work force investment areas in the consortium area, including a description of the process used for the designation of such areas; (f) Identification of the criteria to be used by local elected officials for the appointment of members of work force boards; (g) The detailed plans required under the "Wagner-Peyser Act"; (h) A description of the procedures that will be taken by the state to assure coordination of and avoid duplication among: (I) Work force investment activities authorized pursuant to the federal act and this part 2; (II) Additional federal programs authorized to be included in work force systems; (i) A description of the common data collection and reporting processes used for the programs and activities described in paragraph (h) of this subsection (2); (j) A description of the process used by the state, consistent with the process for local plans specified in section 8-83-208 (3), to provide an opportunity for public comment, including comment by representatives of businesses and representatives of labor organizations, and input into development of the plan before submission of the plan; (k) Information identifying how the state will use Title I moneys the state receives under the federal act to leverage other federal, state, local, and private resources in order to maximize the effectiveness of such resources and to expand the participation of business, employees, and individuals in the Colorado work force investment program; (l) Assurances that the state will continue to provide, in accordance with federal requirements for fiscal control, accounting procedures that may be necessary to ensure the proper disbursement of, and accounting for, Title I moneys paid by the federal government to the state and allocated to the work force investment areas; (m) A description of the methods and factors the state will use in distributing Title I moneys to local areas for youth activities and adult employment and training activities, in accordance with section 8-83-223; (n) A description of how the state consulted with the local elected officials in work force investment areas throughout the state in determining such money distribution, in accordance with section 8-83-223; (o) A description of the formula for the allocation of Title I moneys to work force investment areas for dislocated worker employment and training activities, in accordance with section 8-83-223; (p) Information specifying the actions that constitute a conflict of interest prohibited in the state as set forth for members of the state council described in section 24-46.3-101, C.R.S., or members of work force boards; (q) A description of the strategy of the state for assisting local governments in the development and implementation of a fully operational work force investment program in the state; (r) A description of the appeals process allowing a county or group of counties that requests but is not granted authority to form a work force investment area to submit an appeal of such decision to the state council; (s) A description of the competitive process to be used by the state to award grants and contracts in the state for activities carried out by the state under this part 2; and (t) A description of the employment and training activities and youth activities provided by work force investment areas. (3) The state plan must also include, to the extent practicable, how the state will pursue coordination and integration with other applicable federal and state programs in work force investment areas. SECTION 12. In Colorado Revised Statutes, 8-83-210, amend (1); and repeal (2) (a), (2) (c), and (2) (f) as follows: 8-83-210. Work force boards - membership. (1) There shall be established, in each local work force investment development area of the state, a work force board, which the local elected officials of the local work force investment development area shall appoint to oversee the one-stop operator, one-stop career center, or local work force investment program development programs in that county or area. Work force boards operate in partnership with and subject to the approval of the local elected officials for the work force investment development area. Such boards are authorized to operate only with the approval of the local elected officials. Subject to requirements under the federal act, the local elected officials shall determine the membership and functions of the boards. (2) Membership of each such board must include, at a minimum: (a) Representatives of business in the work force investment area who are owners of businesses, who represent businesses with employment opportunities that reflect the employment opportunities of the local area, and who are appointed from among individuals nominated by local business organizations and business trade associations; (c) Representatives of organized labor for those work force investment areas that have organized labor organizations; (f) Representatives of each of the work force partners for the work force investment area. SECTION 13. In Colorado Revised Statutes, 8-83-211, amend (1) introductory portion, (1) (b), (1) (j), and (1) (k); and add (1) (l) as follows: 8-83-211. Functions of work force boards. (1) Each work force board shall, in partnership with and subject to the approval of the local elected officials for the work force investment development area, conduct the following functions: (b) Designate and certify one-stop operators and certify and oversee work force investment development programs; (j) Coordinate and develop employer linkages with work force investment development activities carried out in the local area, including coordination of economic development strategies; and (k) Promote participation of private employers with the work force investment development program while ensuring the effective provision, through the work force system, of connecting, brokering, and coaching activities through intermediaries such as the one-stop operator in the local area or through other organizations to assist such employers in meeting their hiring needs; and (l) Fulfill other functions outlined in the federal act. SECTION 14. In Colorado Revised Statutes, repeal 8-83-212 as follows: 8-83-212. Youth council. (1) Each work force board shall establish, as a subgroup within the work force board, a youth council. The work force board shall appoint the youth council with the cooperation and approval of the local elected officials. Members of the youth council who are not members of the work force board are voting members of the youth council but are not voting members of the work force board. (2) Membership. Membership of the youth council must be as required under the federal act and must include: (a) Members of the work force board with a special interest or expertise in youth policy; (b) Representatives of youth service agencies, including juvenile justice and local law enforcement agencies, and representatives of local public housing authorities; (c) Parents of eligible youth seeking assistance under the youth grant provisions of the federal act that may include parents representing issues affecting youth with disabilities; (d) Individuals, including former participants and representatives or organizations, that have experience relating to youth activities; (e) Representatives of the federal job corps if represented in the local area; and (f) Other individuals as the board, in cooperation with and with the approval of the local elected officials, determine to be appropriate. (3) Duties. The youth council shall perform the following duties as specified in the federal act: (a) Develop the portion of the local plan relating to eligible youth, as determined by the chairperson of the work force board; (b) Subject to the approval of the work force board and consistent with section 123 of the federal act, recommend eligible providers of youth activities to be awarded grants or contracts on a competitive basis by the board to carry out youth activities; (c) Conduct performance oversight of eligible providers of youth activities in the local area; (d) Coordinate youth activities authorized under section 129 of the federal act in the local area; and (e) Other duties determined to be appropriate by the chairperson of the work force board. SECTION 15. In Colorado Revised Statutes, add 8-83-212.5 as follows: 8-83-212.5. Work force development board standing committees. (1) A work force development board may designate standing committees that include work force development board members and members of the public with appropriate experience, as follows: (a) A standing committee that includes representatives of one-stop partners to provide information and assist with operational and other issues relating to the one-stop delivery system as established in section 121 of the federal act; (b) A standing committee that includes representatives of community-based organizations with a demonstrated record of success in serving youth to provide information and assist with planning, operational, and other issues relating to the provision of services to youth; (c) A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including issues relating to compliance with 29 U.S.C. sec. 3248, and applicable sections of the "American Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., regarding programmatic and physical access to the services, programs, and activities of the one-stop delivery system and appropriate training for staff concerning the provision of support or accommodation to, and finding employment opportunities for, individuals with disabilities; and (d) Any additional standing committees that the work force development boards deem necessary. (2) This section does not prohibit another entity from addressing the issues specified in subsection (1) of this section. SECTION 16. In Colorado Revised Statutes, 8-83-213, amend (1), (2) introductory portion, (2) (a), (2) (b), (2) (f), (2) (g), (2) (h), (2) (i), (2) (j), and (3) as follows: 8-83-213. Rural consortium work force development board. (1) The rural consortium local elected officials board in a the rural consortium work force investment development area shall establish and appoint a rural consortium work force investment development board. At a minimum, the membership of the rural consortium board must consist of representatives who are members of local work force investment sub-area boards. The rural consortium board shall meet the membership requirements under the federal act for a work force board for each local work force investment area sub-area of the rural consortium area; except that members, as appropriate, may represent more than one entity specified by the federal act for the purpose of meeting local work force investment sub-area board membership requirements. The rural consortium board shall develop its own operational procedures. (2) Functions of rural consortium board - delegation to sub-area boards. Unless otherwise specified in this section and subject to federal law, the rural consortium board shall may delegate to the local work force investment sub-area boards, where they have been established, in the rural consortium area such local work force investment sub-area board authority and functions specified under this part 2 and the federal act. Authority and functions of the rural consortium board are limited to the following: (a) Meeting the federal membership requirements for a designated local work force investment development board for the local work force investment areas sub-areas; (b) Negotiating with, and approving local plans submitted by, local work force investment sub-area boards; (f) Making recommendations to the governor concerning procedures to temporarily replace or correct a local work force investment development area that is out of compliance with its local plan, as appropriate; (g) Facilitating and coordinating local work force investment area sub-area grant applications, as appropriate; (h) Ensuring that any grant moneys money awarded to a local work force investment development area or areas are is a direct pass-through from the federal government to the eligible local work force investment development area; or areas; (i) Establishing as a subgroup within the consortium board, a youth council appointed by the consortium board in cooperation with the consortium local elected officials board. Establishment of a consortium youth council must meet the federal act requirements for youth council membership. The consortium youth council shall review and comment, as appropriate, upon that portion of the local plan relating to eligible youth and shall submit the plan to the consortium work force investment board. Subject to federal law, the consortium board shall delegate to the local work force investment boards in the consortium area duties and functions specified in the federal act and in section 8-83-212 concerning youth councils standing committees pursuant to section 8-83-212.5; (j) Subject to federal law, delegating to the local work force investment sub-area boards in the rural consortium area duties and functions specified in the federal act and in sections section 8-83-216 and 8-83-217 outlining requirements for one-stop partners. and the memorandum of understanding between work force boards and one-stop partners. (3) Work force development sub-area boards. (a) To the extent possible and as outlined in the applicable local plan, each local work force investment development sub-area board shall function as set forth in the federal act. In carrying out its duties, the local work force investment development sub-area board shall operate in partnership with, and be subject to the approval of, the local elected officials for the designated local work force investment development area. (b) Membership. Notwithstanding section 8-83-210 (3), the local elected officials shall appoint members of each local work force investment development sub-area board. Membership, to the extent possible, must meet the requirements of the federal act. (c) Functions. Notwithstanding section 8-83-211, at a minimum, functions of the local work force investment development sub-area board must be as set forth in this part 2 and the federal act. In addition, each local work force investment sub-area board shall: (I) Upon the approval of and in partnership with the local elected officials, develop a comprehensive five-year four-year local plan for its local work force investment area development sub-area and shall submit the local plan for approval to the rural consortium work force investment development board. The plan must include a description of those requirements under the federal act that the local work force investment development sub-area board determines cannot be reasonably met while still fulfilling the intent and purposes of the federal act. (II) Apply for federal grants. Each local work force investment development sub-area board may apply for national program grants on behalf of the area sub-area or in partnership with any other work force investment development area. Any national program grant moneys money awarded to a local work force investment area development sub-area are a direct pass-through from the federal government to the applicable work force investment area or areas development sub-area. (III) To the extent possible and as outlined in the local plan, with the agreement of the local elected officials and notwithstanding the provisions of sections section 8-83-216, and 8-83-217, designate or certify the one-stop partners; and develop and negotiate the memorandum of understanding as set forth in sections 8-83-216 and 8-83-217; (IV) Establish, as a subgroup within the local work force investment board, a youth council to be appointed by the work force board in cooperation with the local elected officials. To the extent possible and as outlined in the local plan, the youth council's membership and functions must be as set forth in the federal act and section 8-83-212. (V) Oversee the one-stop system in the local work force investment development area. SECTION 17. In Colorado Revised Statutes, amend 8-83-214 as follows: 8-83-214. Rural consortium local elected officials board. (1) In order to satisfy requirements under the federal act for the role of local elected officials in a work force area, there shall be a rural consortium local elected officials board for the local rural consortium work force investment development board. The rural consortium local elected officials board consists of one local elected official appointed by each local work force investment development area in the consortium. Membership is for a term of two years, which term may be renewable. (2) Functions of the rural consortium local elected officials board are to appoint members to the rural consortium work force investment development board and ensure that the rural consortium work force investment development board meets federal requirements for membership and delegate fiscal responsibility and contractual responsibility to the local elected officials of local work force investment development areas. The rural consortium local elected officials board shall develop its own operational procedures. SECTION 18. In Colorado Revised Statutes, amend 8-83-215 as follows: 8-83-215. Designation of local work force development areas. (1) Subject to section 116(a) 106 of chapter 2 of the federal act concerning designation of work force development areas, any current or previously recognized service delivery area operating before August 7, 1998, may automatically be designated as a work force investment area on an annual basis, any county, municipality, city and county, or combination may petition the governor to form a new work force development area. (2) If an area does not qualify for automatic designation, on an annual basis any county or group of counties may petition the governor to form a new work force investment area. (3) Subject to the governor's approval, counties, municipalities, or a city and county may choose, through intergovernmental agreements, to band together to form a work force investment development area for an area consisting of more than one county, municipality, or city and county or may choose to operate a work force investment development area as a single county unit. If the proposed work force investment development area meets the minimum federal requirements for an area as set forth in the federal act, the governor should not unreasonably withhold approval of the work force investment development area. (4) (a) The governor may authorize and approve as a federally designated work force investment development area any area that applies and qualifies as specified in subsection (1) of this section. (b) Automatic designation as a designated work force investment area shall be granted to any unit of local government with a population of five hundred thousand or more. (c) Automatic temporary designation as a designated work force investment area shall be granted to any unit or units of local government with a total population of two hundred thousand or more that constituted a service delivery area before August 7, 1998, and that requests such designation. Temporary designation is for a period of not more than two years; except that the period may be extended until the end of the period covered by the five-year plan if the work force investment area has substantially met the local performance measures and sustained the fiscal integrity of its Title I moneys. (5) (a) The governor shall designate an additional federally designated work force investment development area for the state, specified as the "rural consortium of local work force investment areas sub-areas", which consists of all approved local work force investment areas. Any current or previously recognized service delivery area operating after August 7, 1998, may enter into or withdraw from the consortium of local work force investment areas development sub-areas. Such decision shall be allowed on an annual basis, with notice to be given by February 1, for any designation to go into effect for the subsequent program year by July 1 of the same year. (b) Any approved local work force investment development area in the rural consortium work force investment development area shall operate with the same authority as, and function as if it were, a federally designated local work force investment development area. SECTION 19. In Colorado Revised Statutes, add 8-83-215.5 as follows: 8-83-215.5. Designation of planning regions. (1) In accordance with 29 U.S.C. sec. 3121, every two years the state council, in consultation with local elected officials, shall conduct a process to identify planning regions. A local area must not be placed in a planning region without the support and agreement of the work force development board and the chief elected official. (2) Local chief elected officials may review the regional planning area designation every two years before an updated state plan is submitted. SECTION 20. In Colorado Revised Statutes, 8-83-216, amend (1) introductory portion; and repeal (1) (a) and (2) as follows: 8-83-216. Required and optional partners of work force boards. (1) Required partners. Each work force board, with the agreement of the local elected officials, is authorized to designate or certify the following partners outlined in the federal act for purposes of participating in the delivery of services for the one-stop system or work force investment development program in the local work force investment development area: (a) Work force investment programs; (2) Optional partners. Optional partners may include: (a) Programs authorized under part A of Title IV of the federal "Social Security Act", 42 U.S.C. sec. 601; (b) Programs authorized under the federal "Food Stamp Act of 1977", 7 U.S.C. sec. 2011 et seq.; (c) Programs authorized under the federal "National and Community Service Act of 1990", 42 U.S.C. sec. 12501 et seq.; (d) Programs resulting from the federal "Ticket to Work and Work Incentives Improvement Act of 1999", Pub.L. 106-170; and (e) Other appropriate federal, state, or local programs, including programs in the private sector. SECTION 21. In Colorado Revised Statutes, 8-83-217, repeal (2) as follows: 8-83-217. Memorandum of understanding - one-stop partners. (2) One-stop operators. (a) Consistent with the requirements of the federal act for one-stop partners, the work force board, with the agreement of the local elected official, is authorized to designate or certify one-stop operators and to terminate for cause the eligibility of such operators. (b) To be eligible to receive moneys to operate a one-stop career center, an entity, which may be a consortium of entities, must be designated or certified as a one-stop operator by any of the following three methods: (I) If a one-stop system or work force investment program was established in a local area prior to August 7, 1998, the work force board and local elected official for that area may agree with each other and with the governor, on a case-by-case basis, to designate or certify as a one-stop operator an entity carrying out activities under such preexisting system or program, subject to the requirements of section 8-83-216 and this section and of the memorandum of understanding. (II) An entity may be selected for designation or certification as a one-stop operator through a competitive process. (III) An entity may be selected for designation or certification as a one-stop operator in accordance with an agreement reached between the work force board and a consortium of entities that, at a minimum, includes three or more of the required one-stop partners described in section 8-83-216 and may be a public or private entity, or consortium of entities, of demonstrated effectiveness in the local area and may include the following: (A) A postsecondary educational institution; (B) An employment service agency established under the federal "Wagner-Peyser Act"; (C) A private, nonprofit organization, which may include a community-based organization; (D) A private for-profit entity; (E) A government agency; and (F) Another interested organization or entity, which may include a local chamber of commerce or other business organization. (c) Elementary schools and secondary schools are not eligible for designation or certification as one-stop operators; except that nontraditional public secondary schools and area vocational education schools shall be eligible for such designation or certification. SECTION 22. In Colorado Revised Statutes, 8-83-218, amend (3) as follows: 8-83-218. Core services. (3) At the option of the local elected officials, other services for job seekers and employers may be offered to meet the needs of a work force investment development area. SECTION 23. In Colorado Revised Statutes, 8-83-220, amend (1) as follows: 8-83-220. Encouragement of in-demand programs - legislative declaration. (1) The consortium work force investment board shall encourage work force investment programs and work force investment areas to enroll individuals in educational programs related to practical nursing. The state work force development council shall encourage work force development programs and work force development areas to enroll individuals in educational programs related to industries that are in demand in that work force development area. The general assembly finds that Colorado is facing a shortage in several different industries and that having local areas encouraging individuals to follow a career path in a marketable industry in that area further benefits Colorado residents. SECTION 24. In Colorado Revised Statutes, amend 8-83-221 as follows: 8-83-221. Title I and Title III allocation. As specified in section 191(a) of the federal act, Title I moneys received by the state under the federal act are subject to appropriation by the general assembly, consistent with the terms and conditions required under the federal act. The local elected officials or their designee shall serve as the local grant recipient for the Title I moneys and Title III money allocated to the work force investment development area by the governor for the purposes of a work force investment development area's administration and implementation of the work force investment program pursuant to the allocation formula described in section 8-83-223. The department shall contract directly with each local work force investment area board. In order to assist in the administration of Title I moneys and Title III money, the local elected officials may designate an entity to serve as a local grant sub-recipient for such moneys the money or as a local fiscal agent. Except when the designee is the department, a designation does not relieve the local elected officials of the liability for any misuse of grant moneys money. SECTION 25. In Colorado Revised Statutes, amend 8-83-222 as follows: 8-83-222. County distribution formula - use of money. Subject to available appropriations by the general assembly, the department shall allocate Title I moneys and Title III money to each work force investment development area for the operation of the work force investment development program in that work force investment development area. SECTION 26. In Colorado Revised Statutes, amend 8-83-223 as follows: 8-83-223. Allocation process. Subject to federal law and available appropriations, within thirty days after receipt of the federal appropriation from the United States department of labor, the local elected officials from each work force investment development area in the state shall develop recommend an allocation formula for Title I and Title III money for each work force investment development area to be implemented in the following program year. Development of the allocation formula by the local elected officials shall must be facilitated through a statewide association of county commissioners. referred to in this section as the Colorado Counties, Incorporated, or CCI. CCI The statewide association of county commissioners shall ensure that the local elected officials from each work force investment development area have an opportunity to participate in the development and final approval of the recommendations for allocation formulas. The department and the state council shall provide technical assistance to CCI as requested in the development of recommended allocations the statewide association of county commissioners. The local elected officials shall recommend the allocation formula to be applied and to each allocation for adult, youth, and dislocated worker services under Title I and employment services under Title III. The statewide association of county commissioners CCI shall forward the local elected officials' recommendations to the state council pursuant to section 8-83-224 (2) (f) for review and comment. The state council shall then submit such recommendations, together with the state council's comments, to the joint budget committee of the general assembly for review and comment before forwarding such recommendations to the governor for final determination and Untied States department of labor approval. If the local elected officials cannot agree on an allocation, the local elected officials shall prepare, with comment, alternatives and CCI the statewide association of county commissioners shall submit the alternatives to the state council, for review and comment and submission to the joint budget committee, which shall select one alternative and forward it to the governor for final determination and United States department of labor approval. The local elected officials and CCI the statewide association of county commissioners shall develop their own operational procedures. Any moneys money received by the state under Title I and Title III of the federal act, together with any associated state full-time equivalent personnel positions, are subject to appropriation by the general assembly. SECTION 27. In Colorado Revised Statutes, 8-83-224, amend (1), (2) (c), (2) (d), (2) (i) and (2) (j); and add (2) (k) and (3) as follows: 8-83-224. State council - duties. (1) The state council shall function as, and is intended to meet the requirements for, the state work force investment development board referred to in the federal act. In addition to performing the functions set forth in subsection (2) of this section and the federal act, the state council shall serve in an advisory role to the governor for those areas specified by the federal act and shall serve as a conduit for information to local work force investment development areas, including facilitation of grant applications and assistance to work force investment development areas to enable work force investment development areas to successfully implement programs under the federal act. (2) The state council shall assist the governor in the following: (c) Review of local plans submitted by the designated work force investment development boards and the rural consortium work force investment development board; (d) Designation of local work force investment development areas; (i) Development of an application for an incentive grant authorized pursuant to the federal act; and (j) Any other functions as requested by the governor; and (k) Other duties outlined in the federal act. (3) The state council shall work in partnership with the business community, local work force area representatives, and other state and local partners to convene a state-level work group to address branding, marketing, and outreach to the public about the opportunities available in the work force development areas throughout the state. The work group shall convene not later than July 31, 2016. On or before January 15, 2017, the work group shall make recommendations for adoption into the biannual state plan regarding the updating of existing statutes and policies to ensure consistency and advancement in the work force program throughout the state. SECTION 28. In Colorado Revised Statutes, 8-83-225, amend (1) introductory portion, (1) (e), (1) (f), and (2) as follows: 8-83-225. Colorado department of labor and employment - functions. (1) The department shall serve as the administrative entity for Title I money received and money received pursuant to Title III of the federal act. The department also is responsible for: (e) With input from the applicable work force investment development areas, continuing the centralized computer system that links work force investment development programs and includes training and technical support. A description of the state centralized system and procedures for developing, maintaining, and training must be included in the state plan required in section 8-83-209. (f) Providing staff development and training services and technical assistance to local work force investment development areas. (2) The department shall provide ongoing consultation and technical assistance to each work force investment development area for the operation of work force investment programs. SECTION 29. In Colorado Revised Statutes, 22-10-103, amend (7) (g), (7) (h), and (11) (c) (I) as follows: 22-10-103. Definitions. As used in this article, unless the context otherwise requires: (7) "Local education provider" means one of the following entities that the department recognizes as providing appropriate and effective adult education and literacy programs: (g) A local work force board, as defined in section 8-83-203, C.R.S., that oversees a work force investment development program described in the "Colorado Workforce Investment Career Advancement Act", part 2 of article 83 of title 8, C.R.S.; (h) A one-stop partner, as described in section 8-83-216, C.R.S., under the "Colorado Workforce Investment Career Advancement Act", part 2 of article 83 of title 8, C.R.S.; or (11) (c) For purposes of this subsection (11), a work force development provider includes, but need not be limited to: (I) A work force investment development program described in the "Colorado Workforce Investment Career Advancement Act", part 2 of article 83 of title 8, C.R.S.; and SECTION 30. In Colorado Revised Statutes, 8-83-226, amend (1) (c) and (1) (e) as follows: 8-83-226. Responsibilities of governor. (1) The governor shall perform the following functions, as specified in the federal act: (c) Designate federal work force investment development areas in consultation with the local elected officials, including local work force investment areas requesting to be a part of the federal work force investment area comprising a consortium of work force areas; (e) Certify designated work force investment boards and the local consortium work force investment development board; SECTION 31. In Colorado Revised Statutes, 24-46.3-101, amend (1), (2) (b), and (8) as follows: 24-46.3-101. State work force development council - creation - membership - funding through gifts, grants, and donations - talent pipeline cash fund. (1) There is hereby created within the department of labor and employment, also referred to in this article as the "department", the state work force development council, also referred to in this article as the "state council". The state council shall be established as a state work force investment development board in accordance with the federal "Workforce Investment Act of 1998", 29 U.S.C. sec. 2801 et seq., "Workforce Innovation and Opportunity Act", 29 U.S.C. sec. 3101 et seq., as amended, also referred to in this article as the "federal act". (2) Membership of the state council must include: (b) Two members of the house of representatives, from different political parties, one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house of representatives; and two members of the senate from different political parties, one appointed by the president of the senate and one appointed by the minority leader of the senate; (8) The staff of the department, in consultation with the state council and governor, shall establish an annual budget for basic state council functions, activities, meetings, travel, per diem, reports, and staff. Funding for the state council's budget shall come from a portion of the administrative moneys money available to the mandatory and additional federal partner programs specified in 29 U.S.C. sec. 2841 (b) (1) and (b) (2) 29 U.S.C. sec. 3151 (b) (1) and (b) (2). The amount of the administrative moneys money from each mandatory and additional federal partner program to be transferred to the state council shall be determined by the office of state planning and budgeting, proportionate to the annual federal partner program or activity grant amounts to the state and appropriated by the general assembly. In addition to the federal partner programs grant funding, the state council shall seek other federal, state, and private grants, gifts, and contributions to fund state council special duties, demonstration projects, and initiatives. SECTION 32. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ________________________________________________________ Dickey Lee Hullinghorst Bill L. Cadman SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Effie Ameen CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO