Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 800.
GENERAL ADMINISTRATION
The Texas Workforce Commission (Commission) proposes amendments to
Chapter 800 General Administration, Subchapter A, General Provisions, §800.2,
Subchapter B, Allocations and Funding, §§800.51-800.54, §§800.57-800.58, §800.63, §§800.71-
800.75; the repeal of §§800.61- 800.62; and new §§800.65-800.67.
Purpose
The purposes of the changes proposed are to fulfill statutory requirements
embodied in Texas Labor Code §301.001, as amended, establishing the Texas
Workforce Commission to operate an integrated workforce development system
in this state, in particular through the consolidation of job training, employment,
and employment-related programs; to standardize, simplify, and make more consistent
the procedure of determining allocations on the basis of the universe of need;
to streamline and achieve administrative efficiency and effectiveness in granting
allocated funds, in order to foster the integration of workforce development
programs, minimize administrative burdens and costs, and maximize the proportion
of funding available for services; and delete various obsolete provisions,
add to various provisions to make references more accurate and complete, and
make various technical corrections.
Background
Texas Labor Code §301.001, as amended, establishes the Texas Workforce
Commission to operate an integrated workforce development system in this state,
in particular through the consolidation of job training, employment, and employment-related
programs. Texas Labor Code §302.002 directs the executive director to
consolidate the administrative and programmatic functions of the programs
under the authority of the Commission to achieve efficient and effective delivery
of services, and also to contract with local workforce development boards
for program planning and service delivery. In order to most effectively achieve
an integrated workforce development system-wherein disparate and distinct
programs are blended into a functionally unified whole-the Commission intends
to make allocations that support integrated and consolidated workforce programs,
to administer grants of allocated funds simplifying (to the maximum extent
feasible) the current incongruent and confounding array of disparate federal
and state programmatic requirements, funding periods, and other impediments,
and to advocate and enhance achievement of integrated and consolidated workforce
development by workforce development boards. By standardizing, simplifying,
and making more consistent the procedure of determining allocations on the
basis of need, the Commission is helping to promote the integration and consolidation
of workforce development programs. By streamlining and achieving administrative
efficiency and effectiveness in granting allocated funds-including administering
consolidated workforce development grants according to a unified program year,
and utilizing enhanced grant closeout procedures-the Commission will facilitate
a more effective use of the cash draw system, accelerate contracting in general,
and accomplish greater efficiency in contracting, thereby setting the stage
for decreased Agency and Board administrative costs.
The Commission invites the Boards-as well as others-to comment on the proposed
rules.
Section 800.2 adds definitions for Employment Services, Project Reintegration
of Offenders (RIO), Trade Act Services, and Veterans' Employment and Training;
adds Employment Services, Project RIO, Trade Act Services, Veterans' Employment
and Training, WIA Alternative Funding for Statewide Activities, and WIA Alternative
Funding for One-Stop Enhancements, and strikes now-obsolete Welfare-to-Work
for Program Year definitions; changes Program Year definitions to October
1- September 30 in order to facilitate the consolidation of allocations and
to help achieve administrative efficiencies. The definition of Allocation
and Food Stamp Employment and Training is simplified and clarified. "Core
Outcome" Measures is replaced with "Formal" Measures (although the definition
remains unchanged), and within the definition of "Performance Standard," reference
to "Core Outcome" Measures is replaced with "Formal" Measures, in order to
update the rules with current terminology. The definition of Local Workforce
Development Area is unchanged but moved, in order to be listed in alphabetical
order.
Section 800.51 broadens the scope and purpose of Subchapter B. Allocations,
in concert with Texas Labor Code §301.001 and §302.002, emphasizing
that the Texas Workforce Commission was established to operate an integrated
workforce development system in this state, in particular through the consolidation
of job training, employment, and employment-related programs. This section
also clarifies that the scope and purpose of Subchapter B are enhanced by
Agency procedures of contracting with Boards for allocations to promote the
greatest practicable degree of administrative economy, streamlining, and effectiveness.
Section 800.52 adds definitions of accrued expenditures, contract closeout
settlement package, contract period, deobligation, equal base amount, hold
harmless/stop gain, and WIA formula allocated funds. This section also modifies
current definitions of monthly expenditure report and obligation, and strikes
the now-obsolete definition of two-parent family participation rate. Definitions
are being added or modified in order to provide increased clarity in the rules.
The rationale for the modification of the definition of obligation (together
with a new provision proposed for inclusion in Section 800.72 dealing with
contract closeout settlement package) is to provide the maximum time in which
funds may be expended and obligations liquidated, consistent with contract
closeout requirements. An equal base amount in allocations is included to
acknowledge that despite the wide variance in the characteristics of Texas
workforce areas, each Board is similarly required to utilize infrastructure
and other resources in order to provide one-stop services.
Sections 800.53 and 800.54 standardize, simplify, and make more consistent
the procedure of determining allocations on the basis of need for Choices
and Food Stamp Employment and Training. These sections also include technical
edits not intended to effect substantive changes.
Section 800.57 adds provisions articulating that the hold harmless/stop
gain procedure will be applied in the allocations for Employment Service (the
hold harmless/stop gain procedure has been utilized for such allocations each
year, but formerly not articulated in the rules). A provision is added that
no more than ten percent of the funds expended as part of the workforce area's
allocation shall be used for administrative costs, to provide consistency
among the various allocations.
Section 800.58 strikes the listing of Welfare-to-Work funds reserved by
the Governor, to be included in child care allocated funds, because the program
has expired. A provision is added, articulating that the hold harmless/stop
gain procedure will be applied in the allocations for Child Care (the hold
harmless/stop gain procedure has been utilized for such allocations each year,
but formerly not articulated in the rules). This section also includes minor
editing not intended to effect substantive changes.
Sections 800.61 and 800.62 strike provisions covering now obsolete programs,
Welfare-to-Work and School-to-Careers.
Section 800.63 clarifies one of the factors for dislocated worker allocations
to make it consistent with WIA statute, and also provides details regarding
the allocation of WIA Alternative Funding for Statewide Activities and WIA
Alternative Funding for One-Stop Enhancements. A provision is added that no
more than ten percent of the funds expended as part of the workforce area's
allocation shall be used for administrative costs; this is a consistent provision
for allocations and represents no change for the WIA program. A provision
covering the availability of funds is stricken because it is unnecessary,
as it is already adequately addressed in federal statute, and a provision
is added, stating that the hold harmless/stop gain procedure will be applied
in the WIA formula allocations for Adult and Youth employment and training
activities (the hold harmless/stop gain procedure has been utilized for such
allocations each year, but formerly not articulated in the rules).
Sections 800.65, 800.66, and 800.67 add new provisions setting forth the
details regarding allocations for Project RIO, Trade Act Services, and Veterans'
Employment and Training, following the same standardizing and simplifying
characteristics of the Choices and Food Stamp Employment and Training allocation
amendments noted above. Project RIO, Trade Act Services, and Veterans' Employment
and Training are allocated in order to fulfill the statutory requirement for
the Commission to operate an integrated workforce development system in this
state, in particular through the consolidation of job training, employment,
and employment-related programs.
Section 800.71 adds Employment Services, Project RIO, Trade Act Services,
Veterans' Employment and Training, and WIA Alternative Funding for Statewide
Activities and WIA Alternative Funding for One Stop Enhancements as subject
to general deobligation and reallocation provisions.
Section 800.72 clarifies that Board reporting requirements include accrued
expenditures and obligations, and also provides that Board contract closeout
settlement packages shall be submitted on or before 60 days following the
end of the contract period, and the Commission may suspend payments, advances,
or reimbursements to Boards in the cash draw system if financial reports are
not submitted in a timely fashion. While these requirements have been in effect,
they have not been formerly articulated in the rules. This section provides
additionally that the executive director may approve a Board's request to
extend the deadline for submitting a financial report or a contract closeout
settlement package, if the request is received on a timely basis with sufficient
justification.
Section 800.73 adds Employment Services and new allocations (Project RIO,
Trade Act Services, Veterans' Employment and Training, and WIA Alternative
Funding for Statewide Activities and WIA Alternative Funding for One-Stop
Enhancements) and revises allocation expenditure targets, in order to simplify
and streamline this procedure. Expenditure targets as of the end of the third
month and ninth month of the program year are established for each allocation;
however, for Trade Act Services, expenditure targets are established as of
the end of the third month, sixth month, and ninth month.
Section 800.74 provides that Employment Services, Project RIO, Trade Act
Services, Veterans' Employment and Training, and WIA Alternative Funding for
Statewide Activities and WIA Alternative Funding for One-Stop Enhancements
are subject to deobligation of all or part of the difference between a Board's
actual accrued expenditure level and the target expenditure level.
Section 800.75 provides that the Commission may reallocate selected funds
from Employment Services, Project RIO, Trade Act Services, Veterans' Employment
and Training, and WIA Alternative Funding for Statewide Activities and WIA
Alternative Funding for One-Stop Enhancements.
Coordination Activities: In the development of these rules for publication
and public comment the Commission sought the involvement of each of Texas'
twenty-eight Boards. The Commission provided policy concepts to the Boards
for consideration and review pursuant to Texas Labor Code §302.064 and
the Commission's Resolution Regarding Board Coordination in Policy Development,
adopted September 24, 2002. Prior to and during this rulemaking process, the
Commission considered the Boards' contributions.
During preliminary discussions regarding policy concepts covering these
proposed amendments with the Texas Association of Workforce Boards in Austin
on April 16, 2004 and in a telephone conference call on April 23, 2004, some
concerns were expressed about the notion of proposed "equal base amounts"
to be included in allocations, while others expressed support. And, while
options discussed included the possibility of equal base amounts equivalent
to 1/4th of 1 percent or 18% of 1 percent of selected allocations (i.e., Choices,
Food Stamp Employment and Training, Project RIO, Trade Act Services, Veterans'
Employment and Training, and WIA Alternative Funding for Statewide Activities
and WIA Alternative Funding for One-Stop Enhancements) for each of the 28
workforce areas, the equal base amount proposed in these rule amendments is
1/10th of 1 percent for each of the 28 workforce areas, to be included in
those allocations. This modest equal base amount is proposed in recognition
of the infrastructure costs and other needs of every workforce board to provide
one-stop services, whether the workforce area is urban and intensely populated
or rural and sparsely populated.
Similarly, concerns were raised by one Board that allocations, while predominantly
need-based, do not make provisions for differences in the cost of living.
While it is true that allocations do not include allowances for costs of living,
there is neither statutory guidance to do so, nor any clear methodological
approach for doing so effectively or fairly.
Clearly, Texas workforce areas have what one might conclude are vast differences.
Geographically, the largest Texas workforce area is 30 times the size of the
smallest. The most populated Texas workforce area has 33 times the population
of the least populated workforce area. No formula adjustment is capable of
fairly or accurately equalizing or mitigating cost-of-living or cost-to-serve
differences that may exist. Indeed, a nominal 1/10th of one percent equal
base amount formally recognizes the challenges of vastly differing workforce
boards in operating an integrated and effective workforce development system,
but the rest must be left to local decision-making and control, and the effective
partnerships created by the Commission and workforce boards across the state.
Randy Townsend, Director of Finance, has determined that for each year
of the first five years the rules will be in effect, the following statements
will apply:
There are no additional estimated costs to the state and to local governments
expected as a result of enforcing or administering the rules;
There are no estimated reductions in costs to the state and to local governments
as a result of enforcing or administering the rules;
There are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the rules;
There are no foreseeable implications relating to costs or revenue of the
state or local governments as a result of enforcing or administering the rules;
and
There are no anticipated economic costs to persons required to comply with
the rules.
Mr. Townsend has also determined that there is no anticipated adverse impact
on small businesses as a result of enforcing or administering the rules because
small businesses are not regulated or required to do anything by the rules.
Mark Hughes, Director of Labor Market Information, has determined that
there is no affect on employment conditions in this state as a result of the
proposed rules.
Luis Macias, Director of Workforce and Development, has determined that
for each year of the first five years the rules are in effect, the public
benefit anticipated as a result of enforcing the rules will be to streamline
the definitions, allocation, deobligation and reallocation provisions to assist
the Boards in the management and oversight of workforce services and activities.
Comments on the proposal may be submitted to John Moore, Texas Workforce
Commission Building, 101 East 15th Street, Room 608, Austin, Texas 78778,
(512) 463-3041. Comments may also be submitted via fax to (512) 463-1426 or
e-mailed to: John.Moore@twc.state.tx.us. Comments must be received by the
Agency within 30 days from the date of the publication in the
Texas Register
.
For information about the Commission please visit our web page at www.texasworkforce.org.
A public hearing on these proposed rules has been tentatively scheduled
for June 8, 2004 at 2:00 p.m. in the Commission Meeting Room, Room 244, Texas
Workforce Commission, 101 E. 15th Street, Austin, Texas 78701.
Subchapter A. GENERAL PROVISIONS
40 TAC §800.2
These amendments are proposed under Texas Labor Code, Title
4, §301.0015 and §302.002(d), which provide the Texas Workforce
Commission with the authority to adopt, amend, or repeal such rules as it
deems necessary for the effective administration of the Commission.
The rules affect Title 4, Texas Labor Code and Chapters 31, 33, and 44
of the Texas Human Resources Code.
§800.2.Definitions
The following words and terms, when used in this part, relating to
the Texas Workforce Commission, shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Agency--The unit of state government established under
Texas Labor Code Chapter 301 that is presided over by the Commission and administered
by the Executive Director to operate the integrated workforce development
system and administer the unemployment compensation insurance program in this
state as established under the Texas Unemployment Compensation Act, Texas
Labor Code Annotated, Title 4, Subtitle A, as amended. The definition of "Agency"
shall apply to all uses of the term in rules contained in this part, or unless
otherwise defined, relating to the Texas Workforce Commission that are adopted
after February 1, 2001.
(2)
Allocation--The amount approved by the Commission for expenditures
during a specified
program year
[
(3)
Board--A Local Workforce Development Board created pursuant
to Texas Government Code §2308.253 and certified by the Governor pursuant
to Texas Government Code §2308.261. This includes such a Board when functioning
as the Local Workforce Investment Board as described in the Workforce Investment
Act §117 (29 U.S.C.A. §2832), including those functions required
of a Youth Council, as provided for under the Workforce Investment Act §117(i).
The definition of "Board" shall apply to all uses of the term in the rules
contained in this part, or unless otherwise defined, relating to the Texas
Workforce Commission that are adopted after February 1, 2001.
(4)
Child Care--Child care services funded through the Commission,
which may include services funded under the Child Care and Development Fund,
[
(5)
Choices--The employment and training activities created
under §31.0126 of the Texas Human Resources Code and funded under TANF
(42 U.S.C.A. 601
et seq.
) to assist persons
who are receiving temporary cash assistance, transitioning off, or at risk
of becoming dependent on temporary cash assistance or other public assistance
in obtaining and retaining employment.
(6)
Commission--The body of governance of the Texas Workforce
Commission composed of three members appointed by the Governor as established
under Texas Labor Code §301.002 that includes one representative of labor,
one representative of employers and one representative of the public. The
definition of "Commission" shall apply to all uses of the term in rules contained
in this part, or unless otherwise defined, relating to the Texas Workforce
Commission that are adopted after February 1, 2001.
(7)
Formal
[
(8)
Employment Services--A program
to match qualified job seekers with employers through a statewide network
of one-stop career centers. (The Wagner-Peyser Act of 1933 (Title 29 USC,
Chapter 4B) as amended by the Workforce Investment Act of 1998 (P.L. 105-220.)
(9)
[
(10)
[
(11)
Local Workforce Development
Area (workforce area)--Workforce areas designated by the Governor pursuant
to Texas Government Code §2308.252 and functioning as a Local Workforce
Investment Area, as provided for under the Workforce Investment Act §116
and §189(i)(2) (29 USCA, §2831 and §2939).
(12)
[
(13)
[
(14)
[
(15)
[
(A)
Child Care:
October 1- September 30
[
(B)
Choices:
October 1- September 30
[
(C)
Employment Services: October 1- September 30
[
(D)
Food Stamp Employment and Training:
October 1- September
30;
[
(E)
Project RIO: October 1- September 30;
(F)
Trade Act Services; October
1- September 30;
(G)
Veterans' Employment and Training:
October 1- September 30;
(H)
Workforce Investment Act (WIA)
[
(I)
WIA Alternative Funding for
Statewide Activities: October 1- September 30; and
(J)
WIA Alternative Funding for
One-Stop Enhancements: October 1- September 30.
(16)
Project Reintegration of Offenders
(RIO)--A program that prepares and transitions ex-offenders released from
Texas Department of Criminal Justice or Texas Youth Commission incarceration
into gainful employment as soon as possible after release, consistent with
provisions of the Texas Labor Code, Chapter 306, Texas Government Code §2308.312,
and the Memorandum of Understanding with the Texas Department of Criminal
Justice and the Texas Youth Commission.
(17)
[
(18)
Trade Act Services--Programs
authorized by the Trade Act of 1974, as amended (and 20 CFR Part 617) providing
services to dislocated workers eligible for Trade benefits through Texas workforce
centers.
(19)
[
(20)
[
(21)
Veterans' Employment and Training--Services
established under the Jobs for Veterans Act of 2002 (Public Law 107-288, 38
U.S.C.A. §4100, 4201, and 4301) the Disabled Veterans Outreach Program
(DVOP) and the Local Veterans Employment Representative (LVER) program to
provide employment services to disabled veterans, veterans of the Vietnam
era, and other eligible veterans and family members.
(22)
[
(23)
[
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 20, 2004.
TRD-200403408
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: July 4, 2004
For further information, please call: (512) 463-2573
40 TAC §§800.51 - 800.54, 800.57, 800.58, 800.63, 800.71 - 800.75
These amendments are proposed under Texas Labor Code, Title
4, §301.0015 and §302.002(d), which provide the Texas Workforce
Commission with the authority to adopt, amend, or repeal such rules as it
deems necessary for the effective administration of the Commission.
The rules affect Title 4, Texas Labor Code and Chapters 31, 33, and 44
of the Texas Human Resources Code.
§800.51.Scope and Purpose.
(a)
The purpose of this rule is to interpret Texas Labor Code, §302.062,
[
(b)
Funds allocated or reallocated under this subchapter will
only be made available [
(c)
The allocation formulas described in this subchapter will
only be applicable for allocations and executed contracts for a complete
program
[
(d)
Subsections (a)-(c) of this section shall apply to all
sections contained in this subchapter unless a section specifically states
otherwise.
(e)
Funds available to the Commission that are not otherwise
allocated or reallocated under this subchapter, may be used by the Commission
for purposes authorized by state and federal laws and regulations.
(f)
Notwithstanding any other provision of the rules contained
in this part, the level of funding allocated to a workforce area may be
determined,
modified or reallocated by the Commission for one or more
of the following reasons:
(1)
to ensure full utilization of the funding;
(2)
to ensure compliance with State and federal requirements
applicable to the State;
(3)
to meet the State's federal participation rates;
(4)
to respond to caseload changes; or
(5)
to respond to unforeseen demographic or economic changes.
§800.52.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Accrued Expenditures--Charges
incurred during a given period for goods and tangible property received and
services performed that cause decreases in net financial resources.
(2)
[
[
(3)
Contract Closeout Settlement
Package--Financial, performance and other reports required as a condition
of the contract, which must be submitted when one of the following conditions
is met:
(A)
the contract has expired;
(B)
all available funds for the contract period
have been paid out;
(C)
all accrued expenditures chargeable to the specific
contract have been incurred; or
(D)
the period of available funds has expired or
been terminated.
(4)
Contract Period--The length
of time in which a contract for allocated funds between the Commission and
a Board is in effect and during which funds may be expended for a specified
purpose, unless prohibited by a federal grantor agency. A contract period
longer than a program year shall be specified under the terms of a properly
executed contract.
(5)
Deobligation--An action adopted
by the Commission to decrease an amount for a specific program and contract
period in a contract with a Board for allocated funds, on the basis of provisions
as set forth in §800.73 and §800.74 of the Commission rules.
(6)
Equal Base Amount--An amount
equivalent to .10% (one-tenth of one percent) of a total allocation which
shall be provided equally to each workforce area.
(7)
Hold Harmless/Stop Gain--A
procedure that assures that a relative proportion of an allocation to a workforce
area is not below 90% of the corresponding proportion for the past two years,
or that the current year proportion is not above 125% of the prior two-year
relative proportion.
(8)
[
(9)
[
[
(10)
WIA formula allocated funds
- Funds allocated by formula to workforce areas for each of the following
separate categories of funding: WIA Adult, Dislocated Worker, and Youth.
§800.53.Choices.
(a)
Funds available to the Commission to provide Choices services
will be allocated to [
(b)
At least 80% of the Choices funds [
(1)
the relative proportion of the total number of
all
[
(2)
an equal base amount; and
[
(3)
the application of a hold harmless/stop gain procedure.
[
(c)
No more than 10% of Choices funds expended as part of a
workforce area's allocation shall be used for administrative costs, as defined
by [
§800.54.Food Stamp Employment and Training
(a)
Funds available to the Commission to provide
Food
Stamp Employment and Training (FSE&T)
[
(b)
At least 80% of the FS E & T funds will be allocated
to the workforce areas on the basis of
:
(1)
the relative proportion of the total unduplicated
number of mandatory work registrants receiving food stamps residing within
the workforce area
during the most recent calendar year
to the
statewide total unduplicated number of mandatory work registrants receiving
food stamps
;
(2)
an equal base amount; and
(3)
the application of a hold harmless/stop
gain procedure.
(c)
No more than 10% of the funds expended as part of a workforce
area's allocation shall be used for administrative costs, as defined by [
§800.57.Employment Services.
(a)
Employment Services funds available to the Commission to
provide Employment Services under §7(a) of the Wagner-Peyser Act (29
U.S.C.A. Chapter 4B) will be utilized by the Commission as set forth in subsection
(b) of this section.
(b)
At least 80% of the Employment Services funds under §7(a)
of the Wagner-Peyser Act (29 U.S.C.A. Chapter 4B, including §49(c)) will
be utilized by the Commission within the workforce areas according to the
established federal formula, as follows:
(1)
Two-thirds will be based on the relative proportion of
the total civilian labor force residing within the workforce area to the statewide
total civilian labor force
;
[
(2)
one-third
[
(3)
the application of a hold harmless/stop
gain procedure.
(c)
No more than 10% of the funds
expended as part of a workforce area's allocation shall be used for administrative
costs, as defined by appropriate federal regulations and Commission policy.
§800.58.Child Care.
(a)
Funds available to the Commission for child care services
will be allocated to the workforce areas using need-based formulas, as set
forth in this section.
(b)
Child Care and Development Fund (CCDF) Mandatory Funds
authorized under the Social Security Act §418(a)(1), as amended, together
with state general revenue Maintenance of Effort (MOE) Funds, Social Services
Block Grant funds, [
(1)
50% will be based on the relative proportion of the total
number of children under the age of five years old residing within the workforce
area to the statewide total number of children under the age of five years
old, and
(2)
50% will be based on the relative proportion of the total
number of people residing within the workforce area whose income does not
exceed 100% of the poverty level to the statewide total number of people whose
income does not exceed 100% of the poverty level.
(c)
Child Care and Development Fund (CCDF) Matching Funds authorized
under the Social Security Act §418(a)(2), as amended, together with state
general revenue matching funds and estimated appropriated receipts of donated
funds, will be allocated according to the relative proportion of children
under the age of 13 years old residing within the workforce area to the statewide
total number of children under the age of 13 years old.
(d)
Child Care and Development Fund (CCDF) Discretionary Funds
authorized under the Child Care and Development Block Grant Act of 1990 §658B,
as amended, will be allocated according to the relative proportion of the
total number of children under the age of 13 years old in families whose income
does not exceed 150% of the poverty level residing within the workforce area
to the statewide total number of children under the age of 13 years old in
families whose income does not exceed 150% of the poverty level.
(e)
If
[
(f)
The following provisions apply to the funds allocated in
subsections (b) - (e) of this section:
(1)
Sufficient funds must be used for direct child care services
to ensure Commission-approved performance targets are met.
(2)
Children eligible for Transitional and Choices child
care
[
(3)
No more than 5% of the total expenditure of funds may be
used for administrative expenditures as defined in federal regulations contained
in 45 Code of Federal Regulations §98.52, as may be amended unless the
total expenditures for a workforce area are less than $5,000,000. If a workforce
area has total expenditures of less than $5,000,000, then no more than $250,000
may be used for administrative expenditures.
(4)
Each Board shall set the amount of the total expenditure
of funds to be used for quality activities consistent with federal and state
statutes and regulations.
(5)
The Board shall comply with any additional requirements
adopted by the Commission or contained in the Board contract.
(6)
Allocations of child care funds
will include applications of hold harmless/stop gain procedures.
§800.63.Workforce Investment Act (WIA).
(a)
Definitions. The following words and terms when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Area of substantial unemployment--As defined in WIA §127(b)(2)(B)
(29 U.S.C.A. §2852(b)(2)(B)) and WIA §132(b)(1)(B)(v)(III) (29 U.S.C.A. §2862(b)(1)(B)(v)(III)).
(2)
Disadvantaged adult--As defined in WIA §132(b)(1)(B)(v)(IV)
(29 U.S.C.A. §2862(b)(1)(B)(v)(IV)).
(3)
Disadvantaged youth--As defined in WIA §127(b)(2)(C)
(29 U.S.C.A. §2852(b)(2)(C)).
(b)
Scope and Authority. Funds available to the
Commission
[
(1)
the provisions of prior consistent state law as authorized
by WIA §194(a)(1)(A) (29 U.S.C.A. §2944(a)(1)(A)), including but
not limited to Texas Labor Code §302.062, as amended, and Subchapter
B of this title (relating to Allocations and Funding);
(2)
the WIA and related federal regulations as amended; and
(3)
the WIA State Plan.
(c)
Reserves and Allocations for Youth and Adult Employment
and Training Activities. The Commission shall reserve no more than 15% and
shall allocate to workforce areas at least 85% of the youth activities and
adult employment and training activities allotments from the United States
Department of Labor.
(d)
Reserves and Allocations for Dislocated Worker Employment
and Training Activities. The Commission shall allocate the dislocated worker
employment and training allotment in the following manner:
(1)
reserve no more than 15% for statewide workforce investment
activities;
(2)
reserve no more than 25% for state level rapid response
and additional local assistance activities and determine the proportion allocated
to each activity; and
(3)
allocate at least 60% to workforce areas.
(e)
State Adopted Elements, Formulas, and Weights. The Commission
shall implement the following elements, formulas, and weights adopted for
Texas in the WIA State Plan in allocating WIA funds to workforce areas.
(1)
WIA adult employment and training activities funds not
reserved by the Commission under §800.63(c) of this section shall be
allocated to the workforce areas as provided in WIA
§132(b)(1)(B)
and
§133(b)(2) (29 U.S.C.A. §2863(b)(2)) based on the following:
(A)
33 1/3 percent on the basis of the relative number of unemployed
individuals in areas of substantial unemployment in each workforce area, compared
to the total number of unemployed individuals in areas of substantial unemployment
in the State;
(B)
33 1/3 percent on the basis of the relative excess number
of unemployed individuals in each workforce area, compared to the total excess
number of unemployed individuals in the State; and
(C)
33 1/3 percent on the basis of the relative number of disadvantaged
adults in each workforce area, compared to the total number of disadvantaged
adults in the State.
(2)
WIA dislocated worker employment and training activities
funds not reserved by the State under §800.63(d) of this section shall
be allocated to the workforce areas as provided in WIA §133(b)(2) (29
U.S.C.A. §2863(b)(2)) based on the following
factors
[
(A)
insured unemployment;
(B)
average unemployment;
(C)
Worker Adjustment and Retaining Notification Act (29 U.S.C.A. §2101
(D)
declining industries;
(E)
farmer-rancher
economic hardship
[
(F)
long-term unemployment.
(3)
WIA youth activities funds not reserved by the Commission
under §800.63(c) of this section shall be allocated to the workforce
areas as provided in WIA §128(b)(2) (29 U.S.C.A. §2853(b)(2)) based
on the following:
(A)
33 1/3 percent on the basis of the relative number of unemployed
individuals in areas of substantial unemployment in each workforce area, compared
to the total number of unemployed individuals in all areas of substantial
unemployment in the State;
(B)
33 1/3 percent on the basis of the relative excess number
of unemployed individuals in each workforce area, compared to the total excess
number of unemployed individuals in the State; and
(C)
33 1/3 percent on the basis of the relative number of disadvantaged
youth in each workforce area, compared to the total number of disadvantaged
youth in the State.
(f)
In making allocations of WIA formula funds, the Commission
will apply hold harmless procedures, as set forth in federal regulations (20
CFR 667.135).
[
(g)
No more than 10% of the funds
expended as part of a workforce area's allocation shall be used for administrative
costs, as defined by federal regulations and Commission policy.
(h)
[
(i)
The Commission may allocate
such proportion of available WIA Alternative Funding for Statewide Activities
as it determines appropriate, utilizing a distribution methodology that is
based on the proportionality of all amounts of WIA formula funds allocated
during the same program year, as well as an equal base amount.
(j)
The Commission may allocate
such amounts of available WIA Alternative Funding for Statewide Activities
as funding for One-Stop Enhancements, as it determines appropriate.
(k)
[
§800.71.General Deobligation and Reallocation Provisions.
(a)
Purpose. The purpose of this rule is to promote effective
service delivery and financial planning and management, to ensure full utilization
of funding, and to reallocate funds to populations in need.
(b)
Scope.
[
(1)
[
(2)
[
[
(3)
Employment Services;
(4)
[
(5)
Project RIO;
(6)
Trade Act Services;
(7)
Veterans' Employment and Training;
(8)
[
(9)
WIA Alternative Funding for
Statewide Activities; and
(10)
WIA Alternative Funding for
One-Stop Enhancements.
[
[
§800.72.Reporting Requirements.
(a)
A Board shall submit a monthly
financial
[
(b)
The Commission may require that a Board amend expenditure
reports as the result of Commission reviews, audits, or other evaluations.
(c)
A Board shall submit a contract
closeout settlement package on or before 60 days following the end of the
contract period.
(d)
The Commission may suspend
payments, advances, or reimbursements to Boards in the cash draw system if
required financial reports or contract closeout settlement packages are not
submitted by the deadline.
(e)
The Executive Director may
approve a Board's request of extension for the submission of a required financial
report or contract closeout settlement package, if such extension request
is received on a timely basis with sufficient justification.
§800.73.Expenditure, Local Match, and Obligation Levels.
(a)
For Child Care (excluding unmatched federal Child Care
funds that are contingent upon a Board securing local funds), Choices,
Employment Services,
[
(1)
by the end of the
third
[
(2)
for Trade Act Services, by
the end of the sixth month following the beginning of the program year, reported
expenditure level of at least 45%; and
(3)
[
[
[
[
[
[
(b)
The Commission may deobligate and reallocate, as provided
in §§800.74 and 800.75 of this subchapter, relating to Deobligation
of Funds and Reallocation of Funds, any
differences between the reported
accrued expenditures and percentage targets included in subsection (a) of
this section, according to the appropriate portions of the
[
(c)
For unmatched federal Child Care funds that are contingent
upon a Board securing local match funds, a Board shall meet the following
performance requirements.
(1)
By the end of the fourth month following the beginning
of the program year, Boards shall secure donations, transfers and certifications
totaling at least 100% of the amount a Board needs to secure in order to access
the unmatched federal Child Care funds available to the workforce area at
the beginning of the program year.
(2)
Throughout the program year and by the end of the twelfth
month, Boards shall ensure completion of all donations, transfers and certifications
consistent with the contribution schedules and payment plans specified in
the local agreements.
(d)
For WIA formula allocated funds for each category of funding,
a Board shall meet the following reported levels for each of the categories
of funding:
(1)
By the end of the twelfth month following the beginning
of a program year, Boards shall obligate at least 80% of the allocation for
each category of funding less any amount reserved up to 10% for costs of administration.
(2)
By the end of the 24th month following the beginning of
a program year, Boards shall expend 100% of the allocation for each category
of funding.
§800.74.Deobligation of Funds.
(a)
For deobligation of Child Care (excluding unmatched federal
Child Care funds that are contingent upon a Board securing local funds), Choices,
Employment Services,
[
(1)
deobligate all or part of the difference between a Board's
accrued
[
(2)
consider a Board's justification of current and projected
service levels and related performance data in determining to deobligate.
(b)
For deobligation of unmatched federal Child Care funds
that are contingent upon a Board securing local funds, the Commission may
deobligate, at any time following the fourth month of the program year, all
or part of the difference between a Board's actual level of secured and completed
match and the level of performance that is required as described in §800.73(c)
of this subchapter, relating to Expenditure, Local Match, and Obligation Levels.
(c)
For deobligation of WIA formula allocated funds for each
separate category of funds related to WIA Adult, Dislocated Worker and Youth,
the Commission shall deobligate funds from each of these categories of funding
as follows:
(1)
after the end of the twelfth month following the beginning
of a program year, any unobligated funds which exceed 20% of the allocation
for each category of WIA formula allocated funds for that program year, less
any amount reserved up to 10% for costs of administration; and
(2)
after the end of the 24th month following the beginning
of a program year, any unexpended funds of the program year allocation for
each category of WIA formula allocated funds.
(d)
For voluntary deobligation, a Board may submit a written
request that the Commission deobligate a portion of the workforce area's allocation
for one or more categories of funding. The Board chair must sign the written
request and concurrently notify the designated chief elected official of the
workforce area of the written request for the deobligation of funding.
§800.75.Reallocation of Funds.
(a)
Reallocation.
(1)
For reallocation of Child Care, including unmatched federal
funds that are contingent upon a Board securing local funds, Choices,
Employment Services,
[
(A)
the amount specified in
a
[
(B)
the
demonstrated
ability of
a
[
(C)
Board performance during the
current and
prior
program year; and
(D)
related factors as necessary to ensure that funds are fully
utilized.
(2)
For WIA formula fund allocations, the Commission shall
reallocate funds as provided in WIA §§128 and 133.
(b)
Eligibility.
(1)
For a workforce area to be eligible for a reallocation
of Child Care (excluding unmatched federal funds that are contingent upon
a Board securing local funds), Choices,
Employment Services,
[
(A)
has met targeted expenditure levels as required by §800.73(a)
and (b) of this subchapter, as applicable, for that period;
(B)
has not expended more than 100% of the workforce area's
allocation for the category of funding;
(C)
has demonstrated that expenditures conform to cost category
limits for funding;
(D)
has demonstrated the need for and ability to use additional
funds;
(E)
is current on expenditure reporting;
(F)
is current with all single audit requirements; and
(G)
is not under sanction.
(2)
For a workforce area to be eligible for a reallocation
of unmatched federal Child Care funds that are contingent upon a Board securing
local funds, the Commission may consider whether a Board has met the level
for securing and completing local match requirements set out in §800.73(c)
of this subchapter, relating to Expenditure, Local Match, and Obligation Levels.
The Commission may also consider the factors listed in paragraph (1) of this
section that apply, including factors referenced in subparagraphs (B) -(G).
(3)
For a workforce area to be eligible for a reallocation
of WIA formula allocated funds, the Commission may consider whether a Board
has met the obligation or expenditure requirement for the applicable category
of WIA formula allocated funds applicable to the program year. The Commission
may also consider the factors listed in paragraph (1) of this section that
apply, including factors referenced in subparagraphs (B) - (G).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 20, 2004.
TRD-200403407
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: July 4, 2004
For further information, please call: (512) 463-2573
40 TAC §800.61, §800.62
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Labor Code,
Title 4, §301.0015 and §302.002(d), which provide the Texas Workforce
Commission with the authority to adopt, amend, or repeal such rules as it
deems necessary for the effective administration of the Commission.
The repeals affect Title 4, Texas Labor Code and Chapters 31, 33, and 44
of the Texas Human Resources Code.
§800.61.Welfare to Work.
§800.62.School-to-Careers.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on May 20, 2004.
TRD-200403405
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: July 4, 2004
For further information, please call: (512) 463-2573
40 TAC §§800.65 - 800.67
The new rules are proposed under Texas Labor Code, Title 4, §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of the Commission.
The rules affect Title 4, Texas Labor Code and Chapters 31, 33, and 44
of the Texas Human Resources Code.
§800.65.Project Reintegration of Offenders (RIO).
(a)
Funds available to the Commission to provide Project RIO
services shall be allocated to workforce areas using a need-based formula,
as set forth in subsection (b) of this section.
(b)
At least 80% of the Project RIO funds will be allocated
to workforce areas on the basis of:
(1)
the relative proportion of the total number of parolees
residing within the workforce area during the most recent calendar year to
the statewide total number of parolees;
(2)
an equal base amount; and
(3)
the application of a hold harmless/stop gain procedure.
(c)
No more than 10% of the funds expended as part of a workforce
area's allocation shall be used for administrative costs, as defined by federal
regulations and Commission policy.
§800.66.Trade Act Services.
(a)
Funds available to the Commission to provide Trade Act
Services shall be allocated to workforce areas using a need-based formula,
as set forth in subsection (b) below.
(b)
At least 80% of available Trade Act Services funds will
be allocated to workforce areas on the basis of:
(1)
the relative proportion of equally weighted proportions
of the average number of workers residing in those workforce areas included
on trade petitions for the two most recent calendar years to the statewide
total number of workers included on trade petitions, and the average number
of trade-affected workers residing in those workforce areas who are approved
for training for the two most recent calendar years to the statewide total
number of trade-affected workers approved for training;
(2)
an equal base amount; and
(3)
the application of a hold harmless/stop gain procedure.
(c)
No more than 10% of the funds expended as part of a workforce
area's allocation shall be used for administrative costs, as defined by federal
regulations and Commission policy.
§800.67.Veterans' Employment and Training.
(a)
Funds available to the Commission to provide Veterans'
Employment and Training services shall be allocated to workforce areas using
a need-based formula, as set forth in subsection (b) of this section.
(b)
At least 80% of the Veterans' Employment and Training funds
will be allocated to workforce areas on the basis of:
(1)
the relative proportion of the total number of veterans
residing within the workforce area who registered in the Texas Workforce Commission
job matching system during the most recent calendar year to the statewide
total number of veterans registered in the Texas Workforce Commission job
matching system;
(2)
an equal base amount; and
(3)
the application of a hold harmless/stop gain procedure.
(c)
No more than 10% of the funds expended as part of a workforce
area's allocation shall be used for administrative costs, as defined by federal
regulations and Commission policy.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 20, 2004.
TRD-200403406
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: July 4, 2004
For further information, please call: (512) 463-2573
Subchapter A. GENERAL PROVISIONS
period
], according to
specific state and federal requirements.
Welfare-to-Work,
] WIA, and other funds available to the Commission
or a Board to provide quality child care to assist families seeking to become
independent from, or who are at risk of becoming dependent on, public assistance
while parents are either working or participating in educational or training
activities in accordance with state and federal statutes and regulations.
Core Outcome
] Measures--Workforce
development services performance measures adopted by the Governor and developed
and recommended through the Texas Workforce Investment Council (TWIC).
(8)
] Executive Director--The individual
appointed by the Commission to administer the daily operations of the Agency,
which may include a person delegated by the Executive Director to perform
a specific function on behalf of the Executive Director.
(9)
] Food Stamp Employment and
Training (FSE&T) [
Activities
]--
A program to assist food
stamp recipients to become self-supporting through participation in activities
which include employment, job readiness, education, and training,
[
The activities authorized and engaged in
] as specified by federal Food
Stamp Employment and Training statutes and regulations (7 U.S.C.A. 2011),
and Chapter 813 of this title relating to Food Stamp Employment and Training.
(10)
] One-Stop Service Delivery
Network--A one-stop-based network under which entities responsible for administering
separate workforce investment, educational and other human resources programs
and funding streams collaborate to create a seamless network of service delivery
that shall enhance the availability of services through the use of all available
access and coordination methods, including telephonic and electronic methods.
Also referred to as the Texas Workforce Network.
(11)
] Performance Measure--An expected
performance outcome or result.
(12)
] Performance Standard--A contracted
numerical value setting the acceptable and expected performance outcome or
result to be achieved for a performance measure, including
Formal
[
Core Outcome
] Measures.
(13)
] Program Year--The twelve-month
period applicable to the following as specified:
September
1 - August 31
];
September
1 - August 31
];
Welfare-to-Work: September 1 - August 31
];
September 1 - August 31; and
]
WIA
] Adult, Dislocated Worker, and Youth
formula funds
: July
1 - June 30[
.
]
;
(14)
] TANF--Temporary Assistance
for Needy Families, which may include temporary cash assistance and other
temporary assistance for eligible individuals, as defined in the Personal
Responsibility and Work Opportunities Reconciliation Act of 1996, as amended
(7 U.S.C.A. §201.1
et seq.
) and the Temporary
Assistance for Needy Families statutes and regulations (42 U.S.C.A. §601
(15)
] TWIC--Texas Workforce Investment
Council appointed by the Governor pursuant to Texas Government Code §2308.052
and functioning as the State Workforce Investment Board (SWIB), as provided
for under the Workforce Investment Act §111(e) (29 U.S.C.A. §2821(e)).
In addition, pursuant to the Workforce Investment Act §194(a)(5) (29
U.S.C.A. §2944(a)(5)), TWIC maintains the duties, responsibilities, powers
and limitations as provided in Texas Government Code §§2308.101-2308.105.
Formerly known as the Texas Council on Workforce and Economic Competitiveness
(TCWEC), any references to TCWEC when used in this part are now considered
references to TWIC.
(16)
] Texas Workforce Center Partner--an
entity which carries out a workforce investment, educational or other human
resources program or activity, and which participates in the operation of
the One-Stop Service Delivery Network in a [
local
] workforce [
development
] area consistent with the terms of a memorandum of understanding
entered into between the entity and the Board.
(17)
] WIA--Workforce Investment
Act, Public Law 105-220, 29 U.S.C.A. §2801
et seq.
References to WIA include references to WIA formula allocated
funds unless specifically stated otherwise.
(18)
] WIA formula allocated funds--funds
allocated by formula to [
local
] workforce [
development
]
areas for each of the following separate categories of services: WIA Adult,
Dislocated Worker and Youth (excluding the Secretary's and Governor's reserve
funds and rapid response funds).
(19)
Local Workforce Development
Area--Workforce development area designated by the Governor pursuant to Texas
Government Code §2308.252 and functioning as a Local Workforce Investment
Area, as provided for under the Workforce Investment Act §116 and §189(i)(2)
(29 U.S.C.A. §§2831 and 2939). Also referred to as workforce area.]
Subchapter B. ALLOCATIONS
as enacted in House Bill 1863, 74th Legislature (1995),
] relating
to the allocation of available funds for workforce training and services from
the Texas Workforce Commission to workforce areas
, as well as Texas
Labor Code, §301.001 and §302.002, which establish the Texas Workforce
Commission to operate an integrated workforce development system in this state,
in particular through the consolidation of job training, employment, and employment-related
programs, and direct the Executive Director to consolidate the administrative
and programmatic functions under the authority of the Commission, to achieve
efficient and effective delivery of services
. It is the intent of the
Commission to allocate funds to workforce areas for the purpose of meeting
or exceeding statewide performance measures as set forth in the state General
Appropriations Act and consistent with the authority reflected in Texas Labor
Code Section 302.004
, satisfying federal program requirements, and operating
an integrated workforce development system
. This subchapter sets forth
the funding
[
the level required by law
] to be allocated to
workforce areas
and the methods and procedures to be followed, in order
to accomplish the consolidation and integration of workforce development programs
. The Commission is committed, whenever possible, to allocating an amount
of funds available for workforce training and services greater than the minimum
level set by law.
to the local boards
] under the terms of
a properly executed contract between
the Commission and
a certified
workforce
[
local
] board with an approved plan [
and the
Commission
].
state fiscal
] year. For contract periods of less
than a complete
program
[
state fiscal
] year, the allocated
amounts will be negotiated between the Commission and the Board, based upon
the remaining months of the
program
[
state fiscal
] year.
(1)
] All-family participation rate--The
percentage of all families receiving TANF benefits that a state must engage
in an approved work activity for a specified number of hours per week as provided
by the Personal Responsibility and Work Opportunities Reconciliation Act of
1996, §407, as amended.
(2)
Expenditures--Costs incurred
for goods and services that cause decreases in net financial resources.]
(3)
] Monthly expenditure report--A
written or electronically submitted
report [
submitted
] by
a Board that contains information regarding services for each category of
funding allocated by the Commission, and in which the Board lists expenditures
and obligations by category of funding.
(4)
] Obligation--A debt established
by a legally binding contract, letter of agreement, sub-grant award, or purchase
order, which has been executed prior to the end of a
contract period,
for goods and services provided by the end of the contract period, and which
will be liquidated within 60
[
program year, and which will be performed
within the program year or within 90
] calendar days after the end of
a
contract period, unless such definition is superceded by federal requirements
[
program year
]. [
Any obligation periods extending beyond
90 days after the program year shall be prorated using the straight-line method
or other acceptable proration method that accurately matches benefits received
with dollars included as obligations. Obligations include Individual Training
Accounts as described in the Workforce Investment Act.
]
(5)
Two-parent family participation
rate--The percentage of two-parent families receiving cash assistance that
a state must engage in an approved work activity for a specified number of
hours per week as determined by the state and permitted by the by the Personal
Responsibility and Work Opportunities Reconciliation Act of 1996, §407,
as amended.]
the
] workforce areas using a need-based formula,
in order to meet state and federal requirements, as set forth in subsection
(b) of this section.
, excluding Investment
in Long-Term Success for TANF recipients components,
] will be allocated
to the workforce areas on the basis of:
two-parent
] families with Choices work requirements residing
within the workforce area
during the most recent calendar year
to
the statewide total number of
all
[
two-parent
] families
with Choices work requirements
;
[
, and
]
the relative
proportion of the total number of single-parent families with Choices work
requirements residing within the workforce area to the statewide total of
single-parent families with Choices work requirements.
]
Funding will be divided between paragraphs (1) and (2) of this
subsection based on the need to meet federal participation rates for both
the two-parent families and all families, as required by federal law.
]
the appropriate
] federal regulations and Commission policy.
(FS E & T)
]
services under 7 U.S.C.A §2015(d) will be allocated to [
the
]
workforce areas using a need-based formula, as set forth in subsection (b)
of this section.
the appropriate
] federal regulations and Commission policy.
, and
]
One-third
] will be based
on the relative proportion of the total number of unemployed individuals residing
within the workforce area to the statewide total number of unemployed individuals
; and
Welfare-to-Work funds reserved by the Governor,
]
TANF funds, and other funds designated by the Commission for child care (excluding
any amounts withheld for state-level responsibilities) will be allocated on
the following basis:
For
] Food Stamp Employment and
Training child care [
,
]
funding is determined to be available,
then
funds will be allocated among workforce areas on the basis of the
relative proportion of the total number of children aged 6-12 years in households
of mandatory food stamp work registrants residing within the workforce area
to the statewide total number of children aged 6-12 years in households of
mandatory food stamp work registrants.
Transitional clients who are eligible for child care for their
children and Choices child care clients who are eligible for child care for
their children
] shall be served on a priority basis to enable parents
to participate in work, education, or training activities.
Agency
] under Title I of WIA for youth activities, adult
employment and training activities, and dislocated worker employment and training
activities shall be allocated to workforce areas or reserved for statewide
activities in accordance with:
workforce area measures
]:
employment
]; and
Availability of Funds. The Commission shall allocate
funds not reserved under §800.62(c) and (d) of this section and the Agency
shall award the funds through master board contract amendments within 30 days
after the date the funds are made available to the State or within seven days
after the Governor's approval of the local plan, whichever is later.
]
(g)
] Reserved Funds. The Commission
shall
make available
[
allocate
] the funds reserved under §§800.63(c)
and 800.63(d)(1) of this section to provide required and, if funds are available,
allowable statewide activities as outlined in WIA §§129 and 134
(29 U.S.C.A. §§2854 and 2864). [
The Agency shall utilize and
expend the funds reserved under §800.63(d)(2) of this section for statewide
rapid response activities as described in WIA §134(a)(2)(A).
]
(h)
] Expenditure Level for Statewide
Activity Funding. [
Effective in WIA program year 2001,
]
A
[
a
] Board shall demonstrate an 80 percent expenditure level
of prior year WIA allocated funds in order to be eligible to receive
WIA Alternative Funding for Statewide Activities and WIA Alternative Funding
for One-Stop Enhancements. The Commission may reduce the amount of WIA Alternative
Funding for Statewide Activities and WIA Alternative Funding for One-Stop
Enhancements if a Board fails to achieve an 80 percent expenditure level of
prior year WIA formula allocated funds
[
statewide activity funding
]. [
In WIA program year 2000, a Board shall demonstrate a 60 percent
expenditure level of prior year WIA allocated funds in order to be eligible
to receive statewide activity funding.
]
(1)
]
Sections 800.71-800.75 of this chapter shall
apply to funds provided to workforce areas under a contract between the Board
and the Commission for the following categories of funding:
(A)
] Child Care;
(B)
] Choices;
(C)
Welfare-to-Work general revenue
funds;]
(D)
] Food Stamp Employment and Training;
[
and
]
(E)
] WIA formula allocated funds[
.
]
;
(2)
Sections 800.71, 800.72, and
800.73 of this chapter shall apply to funds provided to workforce areas under
a contract between the Board and the Commission for Welfare-to-Work, 42 U.S.C.A. §603
et seq.]
(c)
Effective Date. Sections 800.71-800.75
of this chapter shall be effective on September 1, 2001, and applicable to
any funds made available to workforce areas or not yet expended by the Boards
on or after September 1, 2001.]
expenditure
] report
, including accrued expenditures and obligations,
on or before the 20th calendar day of the following month that list
information as required by the Commission for the reporting period.
Welfare-to-Work general revenue funds, and
] Food Stamp Employment and Training
, Project RIO, Trade Act Services,
Veterans' Employment and Training, Workforce Investment Act (WIA) Alternative
Funding for Statewide Activities, and WIA Alternative Funding for One-Stop
Enhancements
funds provided by the Commission, the Commission may deobligate
funds allocated to
workforce areas,
[
Boards
] if a Board
fails to meet the following target expenditure levels applicable to the beginning
of the
program
year allocations less any deobligated amounts:
fourth
] month
following the beginning of the program year, reported expenditure level of
at least
20%
[
25%
];
(2)
] by the end of the
ninth
[
eighth
] month following the beginning of the program year,
reported expenditure level of at least
70%.
[
55% ; and
]
(3)
by the end of the twelfth
month following the beginning of the program year, reported expenditure levels
of:]
(A)
at least 97% for Child Care, unless the workforce
area has an allocation of less than $5,000,000, in which case the Board shall
expend at least 95% for Child Care;]
(B)
at least 95% for Choices;]
(C)
at least 95% for Welfare-to-Work general revenue
funds; and]
(D)
100% for Food Stamp Employment and Training,
unless federal requirements permit a lower amount, in which case the level
shall be at least 95%.]
balances
not expended by the end of the fourth month of the next
] program year.
The Commission may consider obligated funds in reviewing the Board's compliance
with subsection (a) of this section, as well as other factors necessary to
evaluate a Board's performance in determining the amount of funds to deobligate
and reallocate.
Welfare-to-Work general revenue funds, and
] Food Stamp Employment and Training [
funds
],
Project
RIO, Trade Act Services, Veterans' Employment and Training, Workforce Investment
Act (WIA) Alternative Funding for Statewide Activities, and WIA Alternative
Funding for One-Stop Enhancements funds provided by
the Commission
, the Commission
may, for the category of funding:
actual
] expenditure level and the target expenditure
level described in §800.73(a) and (b) of this subchapter, relating to
Expenditure, Local Match and Obligation Levels, as applicable for each category
of funding for that period; and
Welfare-to-Work general revenue funds, and
] Food Stamp Employment and Training [
funds
],
Project
RIO, Trade Act Services, Veterans' Employment and Training, Workforce Investment
Act (WIA) Alternative Funding for Statewide Activities, and WIA Alternative
Funding for One-Stop Enhancements funds provided by
the Commission
, the Commission
may reallocate funds to an eligible workforce area
based on the applicable [
allocation
] method
of allocation,
as
set forth in this subchapter and may modify the amount to be reallocated
by considering the following:
the
] Board's
written request for additional funds;
the
] Board to
effectively
expend funds to address the need
for services in the workforce area;
Welfare-to-Work general revenue funds, and
] Food Stamp Employment and
Training [
funds
]
, Project RIO, Trade Act Services, Veterans'
Employment and Training, Workforce Investment Act (WIA) Alternative Funding
for Statewide Activities, and WIA Alternative Funding for One-Stop Enhancements
funds
, the Commission may consider whether a Board:
Chapter 847.
PROJECT RIO EMPLOYMENT ACTIVITIES AND SUPPORT SERVICES