(a) A power or duty granted a board under this chapter may not be exercised in a workforce development area until:
(1) the chief elected officials in that area agree on the establishment of a board as provided by Section 2308.253(c); and
(2) the board is certified by the governor.
(b) A private industry council in an area in which a board is not created or in which the chief elective officers are unable to agree on the establishment of a board may not exercise any of the powers granted a board by this chapter, except for a power granted under the federal Job Training Partnership Act (29 U.S.C. Section 1501 et seq.).