ENROLLED
H. B. 2510
(By Delegates Frederick, Stalnaker, Walters, Rowan and Cann)
[Passed March 22, 2005; in effect ninety days from passage.]
AN ACT to amend and reenact §18B-3D-4 of the Code of West
Virginia, 1931, as amended, relating to the Workforce Development
Initiative generally; and providing that public sector employers
may participate in the initiative under certain circumstances.
Be it enacted by the Legislature of West Virginia:
That §18B-3D-4 of the Code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 3D. WORKFORCE DEVELOPMENT INITIATIVE.
§18B-3D-4. Grant application procedures.
(a) In order to participate in the Workforce Development
Initiative Grant Program, a community and technical college must
meet the following conditions:
(1) Participate in a community and technical college consortia
as required by article three-c of this chapter. Consortia
representatives shall participate in the development of and approve
applications for funding grants under the provisions of this
article and shall approve the Workforce Development Initiative
budget;
(2) Develop a plan to achieve measurable improvements in the
quality of the workforce within its service area over a five-year
period. The plan must be developed in partnership with employers,
local vocational schools and other workforce education providers; and
(3) Establish a special revolving fund under the
jurisdiction of the community and technical college consortia
dedicated solely to workforce development initiatives for the
purposes provided in this article. Any fees or revenues
generated from Workforce Development Initiatives funded by a
competitive grant shall be deposited into this fund.
(b) To be eligible to receive a Workforce Development
Initiative Grant, a community and technical college must provide
at least the following information in its application:
(1) Identification of the specific business or business
sector training needs that will be met if a Workforce Development
Initiative Grant is received;
(2) A commitment from the private or public sector partner
or partners to provide a match of one dollar, cash and in-kind,
for each dollar of state grant money received except in cases
where the community and technical college can demonstrate in the
grant application that it would be a hardship for the private
sector partner or partners being served to provide the match. In
those cases only, the commitment to provide a match may be
reduced to one dollar provided by the private sector partner or
partners, cash and in-kind, for every three dollars of state
grant money provided. In the case of awards for the
modernization of procurement of equipment, the development office
may establish a separate match requirement of up to one dollar,
cash and in-kind, for each dollar of state grant money received.
Beginning in fiscal year 2006, the commitment required by this
subdivision may be provided by a public sector partner using
state or federal dollars to provide the required match:
Provided, That no public sector partner using state or federal
dollars to provide the required match is eligible for a grant under the provisions of this section unless the amount of funding
provided by the Legislature for the workforce development
initiative in that fiscal year exceeds six hundred fifty thousand
dollars: Provided, however, That if the amount of funding
provided by the Legislature for the workforce investment
initiative in a fiscal year exceeds six hundred fifty thousand
dollars, only one half of that amount exceeding six hundred fifty
thousand dollars may be granted to a qualified applicant whose
commitment of the required match is from a public sector partner
using state or federal dollars to provide the match
;
(3) An agreement to share with other community and technical
colleges any curricula developed using funds from a workforce
development initiative grant;
(4) A specific plan showing how the community and technical
college will collaborate with local post-secondary vocational
institutions to maximize the use of existing facilities,
personnel and equipment; and
(5) An acknowledgment that acceptance of a grant under the
provisions of this article commits the community and technical
college and its consortia committee to such terms, conditions and
deliverables as is specified by the development office in the
request for applications, including, but not limited to, the
measures by which the performance of the workforce development
initiative will be evaluated.
(c) Applications submitted by community and technical
colleges may be awarded funds for programs which meet the
requirements of this article that are operated on a collaborative
basis at facilities under the jurisdiction of the public schools
and utilized by both secondary and post-secondary students.