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The 191st General Court of the Commonwealth of Massachusetts

AN ACT ESTABLISHING A STATE WORKFORCE DEVELOPMENT BOARD.

      Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith the commonwealth’s workforce development board, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
      Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
      SECTION 1. Section 45 of chapter 23G of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 60, the word “investment” and inserting in place thereof the following word:-  development.
      SECTION 2.  Section 1 of chapter 23H of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the word “investment” and inserting in place thereof the following word:-  development.
      SECTION 3.  Said chapter 23H is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-
      Section 7.  (a) There shall be in the department but not subject to the department’s jurisdiction, a state workforce development board.
      (b)  The board shall consist of: the governor or a designee; the secretary of labor and workforce development or a designee; the secretary of housing and economic development or a designee; the secretary of health and human services or a designee; the secretary of education or a designee; 2 chief elected officials, as defined in 29 U.S.C. section 3102, who shall be appointed by the governor from designated local workforce development areas as defined by the federal Workforce Innovation and Opportunity Act of 2014, Public Law 113-128; 17 persons to be appointed by the governor who shall represent business and industry and who: (i) shall be owners of businesses, chief executives or operating officers of businesses or other business executives or employers with optimum policymaking or hiring authority; (ii) shall represent businesses, including small businesses, or organizations representing businesses that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development for in-demand industry sectors or occupations in the commonwealth; and (iii) shall be nominated for appointment by commonwealth business organizations and business trade associations in the commonwealth; 7 persons to be appointed by the governor who shall represent the workforce within the commonwealth, including 2 representatives of labor organizations of whom 1 shall be nominated by labor federations in the commonwealth and 1 shall be a representative of the National Association of Government Employees; 1 representative of a labor organization or a training director, from a joint labor-management apprenticeship program; and 4 representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training or education needs of individuals facing barriers to employment or experience and expertise in addressing the employment, training or education needs of youth, including representatives of organizations that serve out-of-school youth.
      (c)  In addition to the members appointed under subsection (b), the board shall also include: 1 member of the senate; and 1 member of the house of representatives.
      (d)  The appointments made under subsection (b) shall include women, people of color, veterans and persons with disabilities or representatives of industry or workforce associations representative of their perspectives, in such proportion as these groups exist in the commonwealth's population as periodically determined by the state secretary as the commonwealth's chief census officer.
      (e)  No person shall serve as a member for more than 1 category on the board.
      (f)  The members of the board shall represent diverse geographic areas of the commonwealth, including urban, rural and suburban areas.
      (g)  The members of the board shall serve 2-year terms at the pleasure of the governor and shall serve without compensation.
      (h)  The governor shall select a member to chair the board from among the members representing business and industry. The chair shall serve at the pleasure of the governor.
      (i)  The board shall adopt by-laws to govern its proceedings and shall carry out the responsibilities required of it under the federal Workforce Innovation and Opportunity Act of 2014. The board shall provide assessments and recommendations to the governor, the workforce skills cabinet, local workforce boards and other entities as needed regarding the effectiveness of the public workforce development system in the commonwealth, shall assist in measuring the effectiveness of this system and in pursuing its continuous improvement, shall develop recommended strategies to promote the proportionate workforce participation of women, people of color, veterans, and persons with disabilities across industry sectors in the commonwealth and shall generally assist in meeting the regional workforce needs of the commonwealth. The board shall seek to promote innovative and performance driven models for workforce development and shall seek to maximize the effectiveness of the local workforce boards.
      (j)  The administrative staff of the board shall be supervised by and shall report to the director of career services. The board may contract with the department of career services for personnel services and other operating needs. The department of career services may promulgate and carry out operational policies for the benefit of the board without requiring express board approval. Notwithstanding any general or special law to the contrary, the commonwealth’s other departments, agencies, divisions, commissions, boards and bureaus may provide such information and support as the board may require.
      SECTION 4.  Section 10 of said chapter 23H, as so appearing, is hereby amended by striking out, in lines 1, 5, 6, 24, 25 and 30, the word “investment” and inserting in place thereof, in each instance, the following word:-  development.
      SECTION 5.  Section 11 of said chapter 23H, as so appearing, is hereby amended by striking out, in line 100, the word “investment” and inserting in place thereof the following word:-  development.
      SECTION 6.  Section 2SSS of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the word “investment” and inserting in place thereof the following word:-  development.
      SECTION 7.  Section 9 of chapter 419 of the acts of 2008 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
      (a)  There shall be an education and training collaborative to develop, in conjunction with the Taunton Development Corporation, the regional education, training and skills alliance center. The education collaborative shall be managed by a board of directors which shall consist of: the presidents of Bridgewater State University, the Massachusetts Maritime Academy, Massasoit Community College, Cape Cod Community College, Bristol Community College, Wheaton College, the Massachusetts Federation of Teachers, the Massachusetts Teachers Association, the Massachusetts AFL-CIO, the Taunton Area Chamber of Commerce, Inc. or their designees; the chancellor of the University of Massachusetts at Dartmouth; the commissioner of developmental services or a designee; and the executive director of the Southeastern Regional Planning & Economic Development District or a designee. The board may, by majority vote, increase its membership to include the presidents of other institutions of higher education, the superintendents of comprehensive high schools and regional vocational technical schools housing the main campus in southeastern Massachusetts or their designees. The board may, by majority vote, increase its membership to include private sector industry partners; provided, however, that the number of private sector industry board members shall not represent more than 49 per cent of the board. The board may, by majority vote, form an advisory committee. Members of the board may vote according to the terms of the education collaborative agreement; provided, however, that the land and property management of the center shall be the responsibility of the Taunton Development Corporation.
      SECTION 8.  Said section 9 of said chapter 419 is hereby further amended by striking out subsection (i) and inserting in place thereof the following subsection:-
      (i)  The education collaborative shall be considered a public entity and may sue and be sued to the same extent as a city, town or regional school district. The education collaborative, acting through its board of directors, may enter into contracts for the purchase of supplies, materials and services including, but not limited to, services of a nonprofit to assist with the powers and duties of the board as prescribed in the written agreement under subsection (b) and for the purchase or leasing of land, buildings and equipment as considered necessary by the board. For the purposes of this act, members of the nonprofit, whether created or contracted with as prescribed in the written agreement under said subsection (b), shall not be considered state employees.

Approved, December 2, 2015.