Adult, Dislocated Worker, and Youth Activities

(B) Describe the process used for designating Local Areas, including procedures for determining whether the Local Area met the criteria for “performed successfully” and “sustained fiscal integrity” in accordance with 106(b)(2) and (3) of WIOA. Describe the process used for identifying regions and planning regions under section 106(a) of WIOA. This must include a description of how the State consulted with the local boards and chief elected officials in identifying the regions.

Process for Determining Regions

The State of Maryland convened a group of stakeholders to examine proposed methodology in delineating regions pursuant to Section 106 of WIOA. That group, consisting of the MD Labor, economists, and local workforce development directors collaboratively reviewed the list of variables that could be used to delineate regions of economic activity pursuant to Section 679.210 of the Notice of Proposed Rulemaking issued by USDOL on April 16, 2015.

The Executive Director of the GWDB contacted Maryland’s chief elected officials explaining the statutory requirements regarding regional planning in July 2015.

In October 2015, the WIOA workgroup on Labor Market Information distributed, for public review, a list of draft variables that the State proposed to use for delineating regions. The MD Labor led workgroup proposed the use of a similarity index that would include Local Areas with similar or shared labor markets, shared common economic development areas, and adequate possession of federal and non-federal resources to ensure that a proposed region would have appropriate education and training institutions. The State considered the following additional variables:

• Population centers
• Commuting patterns
• Land ownership
• Industrial composition
• Location quotients
• Labor force conditions
• Geographic boundaries

After allowing for adequate public comment, three (3) draft maps incorporating the variables were circulated for public inspection, review, and comment. After consultation with the Maryland’s 12 local workforce directors, the department issued a fourth map for review and comment. The Workforce Investment Network of Maryland (WIN) which is now MWA, comprised of the State’s 12 Local Area executive directors, ultimately agreed to the designation of areas listed above. That designation was consistent with commuting patterns, industrial composition and previous collaborations that the Local Areas engaged in in the past.

Functions of the Planning Regions

Pursuant to Section 106 of WIOA, Local Boards and chief elected officials must engage in a regional planning process. That process must result in the preparation of regional plan. The regional plan must incorporate the local plans for each of the Local Areas in the planning region and must be aligned with Maryland’s State Plan. Maryland, pursuant to Section 106 of WIOA, will provide technical assistance and Labor Market Information upon the request of a Local Area to assist with regional planning. Pursuant to Section 106 of WIOA, each regional plan shall collaboratively engage in a process that results in:

• The establishment of regional service strategies, including use of cooperative service delivery agreements
• The development and implementation of sector initiatives for in-demand industry sectors or occupations for the region
• The collection and analysis of regional labor market data, in conjunction with the State
• The establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region
• The coordination of transportation and other supportive services, as appropriate, for the region
• The coordination of services with regional economic development services and providers
• The establishment of an agreement regarding collective negotiation with the State on local levels of performance, and report on performance accountability measures for Local Areas or the planning region as set forth in Section 116(c) of WIOA.

Subsequent Designation of Regions

Upon request of the chief elected officials from the Local Areas affected, or every two years beginning July 1, 2016, the State will review the current configuration of regions. Should it be determined that the regions no longer meet the needs of the State’s workforce system, the State will undertake a reconfiguration of the regions in coordination with Maryland’s Local Boards and chief elected officials.

Designation and Re-Designation of Local Areas

Upon request of a chief elected official(s) of a Local Area, the Governor shall approve the re-designation of a Local Area that has performed successfully and sustained fiscal integrity. For the purposes of these measures, Maryland adopts the following definitions:

• Performed Successfully -- The term “performance successfully” means the Local Area met or exceeded the adjusted levels of performance for primary indicators of performance described in Section 116(b)(2)(A) (or, if applicable, core indicators of performance described in Section 136(b)(2)(A) of the Workforce Investment Act of 1998) for each of the last two consecutive years for which data are available preceding the determination of performance under this paragraph.
• Sustained Fiscal Integrity -- The term “sustained fiscal integrity” means that the Secretary has not made a formal determination, during either of the last two consecutive years preceding the determination regarding such integrity, that the administrative entity of the area misspent funds provided under Subtitle B of WIOA (or, if applicable, Title I of the Workforce Investment Act of 1998) due to willful disregard of the requirements of the provision involved, gross negligence, or failure to comply with accepted standards of administration.

Upon receipt of a request from a chief elected official for a particular Local Area to re-designate the Local Area, the Maryland MD Labor will conduct a review of the Local Area’s performance and fiscal integrity to ensure that it both performed successfully and sustained fiscal integrity. Upon conclusion of the same, the Secretary of the MD Labor will recommend to the Governor whether Local Area should be re-designated.