§34. Grants to local workforce development areas

            A. The commission shall provide to the local workforce development areas in which local workforce development boards have been certified and local plans approved by the governor, through a formula allocation process, funds available to the commission for workforce training and employment services, unless superseded by federal law. Administrative costs pursuant to this Subsection may not exceed ten percent of the total amount of funds available to the commission for federal grants to carry out local workforce development activities unless authorized by any other law, regulation, or waiver.

            B. Federal grant funding pursuant to this Section shall not apply to programs for which governing laws or regulations do not permit the use of such funding, or to programs for which the use of such funding is not feasible, as determined by the secretary.

            C. In the case of funds that are allocated to this state or regions of this state through the application of established formulas, the commission shall allocate amounts across the state using the same formula that was used to provide the funds to the state or that region unless an alternate formula is authorized pursuant to the Workforce Innovation and Opportunity Act of 2014, 29 U.S.C. 3101 et seq., related regulations, or the laws or regulations governing the particular funding source.

            D. In the case of funds that are not allocated by formula to this state or regions of this state, the commission shall develop a demand-driven approach that will equitably allocate funds among local workforce development areas throughout this state.

            E. In each area of the state not designated as a local workforce development area or that has been so designated but in which a local workforce development board has not been certified and a regional and local plan approved by the governor, the secretary shall do each of the following:

            (1) Provide workforce training and services in that area to the extent allowed by federal law.

            (2) Specify an entity, which may be the commission, for the performance of employment services in that area.

            F. Unless required pursuant to Section 134(a)(2) of the Workforce Innovation and Opportunity Act of 2014, 29 U.S.C. 3101 et seq., or unless superseded by other state or federal law, at least eighty-five percent of the funds available to the commission for adult and youth workforce training and services and at least sixty percent for dislocated worker training and services in an area shall be provided to the local workforce development board pursuant to Subsection A of this Section, or in an area in which a local workforce development board has not been certified and a local plan approved by the governor, to the entity specified by the secretary pursuant to Subsection E of this Section.

            G. If a local workforce development board has been certified and a local plan approved by the governor, the funds shall be provided through the formula allocation process described by this Section. Unless superseded by federal law, regulation, or waiver, total administrative costs for local workforce training and services may not exceed ten percent of the funds allocated under this Subsection, whether the training and services are provided through a local workforce development board or through the commission or other entity specified pursuant to Subsection E of this Section.

            Acts 2008, No. 743, §2, eff. July 1, 2008; Acts 2015, No. 426, §2.