(a) State plan (1) Governor For a State to be eligible to receive an allotment under section 3056d of this title , the Governor of the State shall submit to the Secretary for consideration and approval, a single State plan (referred to in this subchapter as the “State plan”) that outlines a 4-year strategy for the statewide provision of community service employment and other authorized activities for eligible individuals under this subchapter. The plan shall contain such provisions as the Secretary may require, consistent with this subchapter, including a description of the process used to ensure the participation of individuals described in paragraph (2). Not less often than every 2 years, the Governor shall review the State plan and submit an update to the State plan to the Secretary for consideration and approval. (2) Recommendations In developing the State plan prior to its submission to the Secretary, the Governor shall seek the advice and recommendations of— (A) individuals representing the State agency and the area agencies on aging in the State, and the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.]; (B) individuals representing public and nonprofit private agencies and organizations providing employment services, including each grantee operating a project under this subchapter in the State; and (C) individuals representing social service organizations providing services to older individuals, grantees under subchapter III of this chapter, affected communities, unemployed older individuals, community-based organizations serving the needs of older individuals, business organizations, and labor organizations. (3) Comments Any State plan submitted by the Governor in accordance with paragraph (1) shall be accompanied by copies of public comments relating to the plan received pursuant to paragraph (7), and a summary of the comments. (4) Plan provisions The State plan shall identify and address— (A) the relationship that the number of eligible individuals in each area bears to the total number of eligible individuals, respectively, in the State; (B) the relative distribution of eligible individuals residing in rural and urban areas in the State; and (C) the relative distribution of— (i) eligible individuals who are individuals with greatest economic need; (ii) eligible individuals who are minority individuals; (iii) eligible individuals who are limited English proficient; and (iv) eligible individuals who are individuals with greatest social need; (D) the current and projected employment opportunities in the State (such as by providing information available under section 49 l –2 of title 29 by occupation), and the type of skills possessed by local eligible individuals; (E) the localities and populations for which projects of the type authorized by this subchapter are most needed; and (F) plans for facilitating the coordination of activities of grantees in the State under this subchapter with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.]. (5) Governor’s recommendations Before a proposal for a grant under this subchapter for any fiscal year is submitted to the Secretary, the Governor of the State in which projects are proposed to be conducted under such grant shall be afforded a reasonable opportunity to submit to the Secretary— (A) recommendations regarding the anticipated effect of each such proposal upon the overall distribution of enrollment positions under this subchapter in the State (including such distribution among urban and rural areas), taking into account the total number of positions to be provided by all grantees in the State; (B) any recommendations for redistribution of positions to underserved areas as vacancies occur in previously encumbered positions in other areas; and (C) in the case of any increase in funding that may be available for use in the State under this subchapter for the fiscal year, any recommendations for distribution of newly available positions in excess of those available during the preceding year to underserved areas. (6) Disruptions In developing a plan or considering a recommendation under this subsection, the Governor shall avoid disruptions in the provision of services for participants to the greatest possible extent. (7) Determination; review (A) Determination In order to effectively carry out this subchapter, each State shall make the State plan available for public comment. The Secretary, in consultation with the Assistant Secretary, shall review the plan and make a written determination with findings and a decision regarding the plan. (B) Review The Secretary may review, on the Secretary’s own initiative or at the request of any public or private agency or organization or of any agency of the State, the distribution of projects and services under this subchapter in the State, including the distribution between urban and rural areas in the State. For each proposed reallocation of projects or services in a State, the Secretary shall give notice and opportunity for public comment. (8) Exemption The grantees that serve eligible individuals who are older Indians or Pacific Island and Asian Americans with funds reserved under section 3056d(a)(3) of this title may not be required to participate in the State planning processes described in this section but shall collaborate with the Secretary to develop a plan for projects and services to eligible individuals who are Indians or Pacific Island and Asian Americans, respectively.
(a) State plan (1) Governor For a State to be eligible to receive an allotment under section 3056d of this title , the Governor of the State shall submit to the Secretary for consideration and approval, a single State plan (referred to in this subchapter as the “State plan”) that outlines a 4-year strategy for the statewide provision of community service employment and other authorized activities for eligible individuals under this subchapter. The plan shall contain such provisions as the Secretary may require, consistent with this subchapter, including a description of the process used to ensure the participation of individuals described in paragraph (2). Not less often than every 2 years, the Governor shall review the State plan and submit an update to the State plan to the Secretary for consideration and approval. (2) Recommendations In developing the State plan prior to its submission to the Secretary, the Governor shall seek the advice and recommendations of— (A) individuals representing the State agency and the area agencies on aging in the State, and the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.]; (B) individuals representing public and nonprofit private agencies and organizations providing employment services, including each grantee operating a project under this subchapter in the State; and (C) individuals representing social service organizations providing services to older individuals, grantees under subchapter III of this chapter, affected communities, unemployed older individuals, community-based organizations serving the needs of older individuals, business organizations, and labor organizations. (3) Comments Any State plan submitted by the Governor in accordance with paragraph (1) shall be accompanied by copies of public comments relating to the plan received pursuant to paragraph (8), and a summary of the comments. (4) Plan provisions The State plan shall identify and address— (A) the relationship that the number of eligible individuals in each area bears to the total number of eligible individuals, respectively, in the State; (B) the relative distribution of eligible individuals residing in rural and urban areas in the State; and (C) the relative distribution of— (i) eligible individuals who are individuals with greatest economic need; (ii) eligible individuals who are minority individuals; (iii) eligible individuals who are limited English proficient; (iv) eligible individuals who are individuals with greatest social need; and (v) eligible individuals who have been incarcerated within the last 5 years or are under supervision following release from prison or jail within the last 5 years; (D) the current and projected employment opportunities in the State (such as by providing information available under section 49 l –2 of title 29 by occupation), and the type of skills possessed by local eligible individuals; (E) the localities and populations for which projects of the type authorized by this subchapter are most needed; and (F) how the activities of grantees in the State under this subchapter will be coordinated with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) and other related programs (referred to in this subparagraph as “WIOA and related activities”), and how the State will reduce unnecessary duplication between the activities carried out under this subchapter and the WIOA and related activities. (5) Governor’s recommendations Before a proposal for a grant under this subchapter for any fiscal year is submitted to the Secretary, the Governor of the State in which projects are proposed to be conducted under such grant shall be afforded a reasonable opportunity to submit to the Secretary— (A) recommendations regarding the anticipated effect of each such proposal upon the overall distribution of enrollment positions under this subchapter in the State (including such distribution among urban and rural areas), taking into account the total number of positions to be provided by all grantees in the State; (B) any recommendations for redistribution of positions to underserved areas as vacancies occur in previously encumbered positions in other areas; and (C) in the case of any increase in funding that may be available for use in the State under this subchapter for the fiscal year, any recommendations for distribution of newly available positions in excess of those available during the preceding year to underserved areas. (6) Combined State plan In lieu of the plan described in paragraph (1), a State may develop and submit a combined State plan in accordance with section 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3113). For a State that obtains approval of such a combined State plan, that section 103 shall apply in lieu of this subsection and a reference in any other provision of this subchapter (other than this subsection) to a State plan shall be considered to be a reference to that combined State plan. (7) Disruptions In developing a plan or considering a recommendation under this subsection, the Governor shall avoid disruptions in the provision of services for participants to the greatest possible extent. (8) Determination; review (A) Determination In order to effectively carry out this subchapter, each State shall make the State plan available for public comment. The Secretary, in consultation with the Assistant Secretary, shall review the plan and make a written determination with findings and a decision regarding the plan. (B) Review The Secretary may review, on the Secretary’s own initiative or at the request of any public or private agency or organization or of any agency of the State, the distribution of projects and services under this subchapter in the State, including the distribution between urban and rural areas in the State. For each proposed reallocation of projects or services in a State, the Secretary shall give notice and opportunity for public comment. (9) Exemption The grantees that serve eligible individuals who are older Indians or Pacific Island and Asian Americans with funds reserved under section 3056d(a)(3) of this title may not be required to participate in the State planning processes described in this section but shall collaborate with the Secretary to develop a plan for projects and services to eligible individuals who are Indians or Pacific Island and Asian Americans, respectively.
