1. (a) The Commission shall determine annually the total amount of funds to be awarded from funds available through the WIA §128(a) and §133(a)(1) for local incentive awards.

2. (b) WIA local incentive awards may be awarded for one or more of the following:

   1. (1) regional cooperation among workforce areas;
   2. (2) local coordination of activities carried out under WIA; and
   3. (3) exemplary performance on performance measures.

3. (c) The application for WIA local incentive awards shall be as follows.

   1. (1) Only those Boards submitting a written application shall be eligible for WIA local incentive awards (other than awards for exemplary performance, which do not require a written application).
   2. (2) The Commission shall issue instructions annually identifying the amount of funds available for awards, the maximum number of awards, and instructions for submitting applications for WIA local incentive awards.

4. (d) Awards may be made based on consideration of various factors consistent with WIA goals such as:

   1. (1) identified changes in economic conditions, population characteristics, and the service delivery system in the workforce area;
   2. (2) reported performance for each contract performance measure relative to other Boards;
   3. (3) demonstrated performance in the elements considered most critical in accomplishing overall system goals, which includes performance related to each of the items listed in §802.168(b) of this subchapter;
   4. (4) improved performance relative to the preceding year;
   5. (5) demonstrated compliance with all expenditure requirements as required by §800.63(h) of this title; and
   6. (6) finalized monitoring reports and resolution activities.
5. (e) Boards that receive a WIA local incentive award shall use the award to carry out workforce activities as allowed by state and federal laws.
6. (f) The Commission may modify the assignment of awards based on factors that the Commission identifies as extraordinary circumstances.

Source Note:The provisions of this §802.167 adopted to be effective February 7, 2011, 36 TexReg 604.