State of Maine Waiver Request Waiver from the Requirement to Provide Incentive Grants to Local Areas Posted for Public Comment Bookmark and Share

October 4, 2013

State of Maine Waiver Request
Waiver from the Requirement to Provide Incentive Grants to Local Areas.

The Maine Department of Labor’s Bureau of Employment Services (MDOL/BES) submits this request for a waiver for WIA Section 134(a)(2)(B)(iii) and 20 CFR 665.200(e) requiring states to provide incentive grants to local areas. This waiver is to be retroactive for PY12 and to continue through PY13.

Date: September 26, 2013

State: Maine

Agency: Maine Department of Labor/Bureau of Employment Services

Statutory and/or Regulatory Requirements to be Waived
The Maine Department of Labor, Bureau of Employment Services (MDOL/BES) submits this request for a waiver of the WIA Section 134(a)(2)(B)(iii) and 20 CFR 665.200(e) requirement to provide incentive grants to local areas.

Actions Undertaken to Remove State or Local Barriers
There are no state or local statutory or regulatory barriers to implementing the requested waiver.

Goals and Expected Programmatic Outcomes of Waiver
The reduction of the WIA Governor’s Reserve funds to 5% for Program Years 2012 and 2013 restricts the State’s ability to effectively fund and carry out all the required statewide workforce investment activities. The current funding level in the Governor’s reserve is insufficient to cover the cost of providing incentive grants to local areas based on local performance measures. Our goal in seeking this waiver is to ensure the State can prioritize the use of Governor’s Reserve funds for the required statewide activities we deem most essential to the basic functions of the workforce investment system while allowing progress on the Governor's statewide initiatives as identified in the recently approved 2012-2016 WIA Strategic Plan. There are no expected programmatic outcome changes as a result of this waiver.

The State’s reduced funds are being used to cover the following required activities: - Operating fiscal and management accountability information systems (WIA Section 134(a)(2)(B)(v) and 20 CFR 665.200(b)(1);

  • Submitting required reports (WIA) Section 136(f);

  • Disseminating the list of eligible training providers for adults and dislocated workers (WIA Section 134(a)(2)(B)(i) and CFR 665.200(b)(1) and youth activities (20 CFR 665.200(b)(4), and;

  • Providing technical assistance to poor performing areas (WIA Section 134(a)(2)(B)(iv) and 20 CFR 665.200(f)

There are no discretionary funds remaining for PY2012 and MDOL/BES cannot provide incentives without proper funding. The State will continue to collect data and monitor all workforce operations annually. Our goal is to stay abreast of the challenges confronting the system and identify ways of implementing continuous improvement measures in a cost-effective manner.

Individuals Impacted by the Waiver
No individuals will be impacted. This waiver will provide the State with more flexibility in directing Governor’s Reserve funds to those activities that best preserve basic functions of the statewide workforce investment system. It will also ease the financial burden placed on the entire workforce investment system to meet this unfunded mandate.

Process for Monitoring Progress in Implementation
MDOL/BES will monitor the implementation and impact of the waiver through the program and administrative monitoring system. MDOL/BES will ensure accountability for federal funds in connection with this waiver by reviewing expenditures, performance, and other reports, and through regular contact with the ETA Regional liaisons and through its monitoring and performance accountability system.

Notice to Affected Local Boards
Should the waiver be granted, MDOL/BES would issue an electronic notice and offer technical assistance that will be disseminated to Chairpersons and Staff of Local Workforce Investment Boards, Chief Elected Officials, WIA Service Providers, and WIA Fiscal Agents.

Public Comment
The completed waiver will be posted to the home page of the State Workforce Investment Board and the Maine Department of Labor/ Bureau of Employment Services (BES) for public comment for a 15 day comment period prior to the formal submission to USDOL-ETA. http://www.maine.gov/labor/ and http://www.maine.gov/swib/