Printed on recycled paper 132nd MAINE LEGISLATURE FIRST SPECIAL SESSION-2025 Legislative Document No. 1956S.P. 764 In Senate, May 7, 2025 An Act to Amend the Law Governing the Competitive Skills Scholarship Program and Establish the Community Workforce Connections Program Reference to the Committee on Labor suggested and ordered printed. DAREK M. GRANT Secretary of the Senate Presented by Senator ROTUNDO of Androscoggin. Cosponsored by Speaker FECTEAU of Biddeford and Senators: DUSON of Cumberland, RENY of Lincoln, TIPPING of Penobscot, Representatives: BECK of South Portland, BRENNAN of Portland, DHALAC of South Portland, ROEDER of Bangor, STOVER of Boothbay. Page 1 - 132LR2349(01) 1 2 as enacted by PL 2007, c. 352, Pt. A, §1, is 3 amended by amending the first blocked paragraph to read: 4 The money in the fund must be administered by the commissioner exclusively for the 5 purposes of chapter 25, subchapter 5 and section 2066 and for the costs of administering 6 the fund. 7 is enacted to read: 8 A-2. "Cohort" means a group of students or participants who work through a 9 curriculum or prescribed program together to achieve the same academic degree, 10 certificate or similar credential together. 11 is enacted to read: 12 B-1. "Marketable postsecondary degree" means an industry-recognized credential, 13 vocational certificate or license, associate degree, bachelor's degree or a graduate 14 certificate or degree. A degree is not considered a marketable postsecondary degree if: 15 (1) The applicant can show that the postsecondary degree prepared the applicant 16 for a specific occupation that the applicant is no longer able to perform due to 17 physical or mental health limitations; 18 (2) The postsecondary degree is not recognized by or equivalent to that which is 19 required by the appropriate professional licensing body in this State; or 20 (3) The applicant can show that the postsecondary degree does not enable the 21 applicant to obtain employment in a labor market that meets the requirements of 22 subsection 4, paragraph A. 23 as enacted by PL 2007, c. 352, Pt. A, §3, is 24 amended to read: 25 B. Does not have a marketable postsecondary degree that the individual can use to 26 obtain employment in an industry that meets the requirements established in subsection 27 4; 28 as enacted by PL 2007, c. 352, Pt. A, §3, is 29 repealed and the following enacted in its place: 30 C. Has income of less than 275% of the federal poverty level for the family size 31 involved or, at the time of application, the individual or a dependent living in the 32 individual's household is receiving assistance from the Supplemental Nutrition 33 Assistance Program; the MaineCare program; the Temporary Assistance for Needy 34 Families program; the Reception and Placement or Refugee Cash Assistance programs 35 under 8 United States Code, Section 1522; the federal supplemental security income 36 program; or the fuel assistance program under Title 30-A, section 4991; 37 is enacted to read: 38 39 rules in accordance with this section to provide for the approval of cohort-based education 40 or training programs and eligibility for individuals participating in those programs. Such 41 programs must be targeted to serve low-income individuals and individuals who may face Page 2 - 132LR2349(01) 42 barriers to education or successful workforce participation, including, but not limited to, 43 first-generation college students, formerly incarcerated individuals, individuals enrolled in 44 needs-based government assistance programs, unemployed and underemployed 45 individuals, persons with disabilities, immigrants and individuals with underrepresented 46 genders and racial identities, for the purposes of increasing these individuals' economic 47 security. 7 Notwithstanding subsection 5, an individual in a cohort approved by the commissioner 8 pursuant to this subsection is eligible for all program services under this section for which 9 all other eligible individuals would be qualified to receive in accordance with rules adopted 10 pursuant to subsection 9. 11 as amended by PL 2023, c. 184, §5, is further 12 amended by amending the 2nd blocked paragraph to read: 13 Registered apprentices and individuals participating in a plan that includes a certified 14 preapprenticeship training program approved pursuant to subsection 4 are eligible for 15 services under this subsection, including those necessary to participate in any on-the- 16 job learning component of the program, as long as the registered apprentices and 17 individuals meet the requirement of subsection 5, paragraph C or are enrolled in a 18 cohort approved by the commissioner pursuant to subsection 5-B. 19 as amended by PL 2023, c. 184, §6, is repealed 20 and the following enacted in its place: 21 22 written application for education, training and support available from the program and be 23 given a prompt written decision from the department, within 30 days from the date that the 24 individual's application is received by the department, specifically indicating the type and 25 amount of services approved or denied, except that, at the request of the individual, the 26 department shall extend the deadline by an additional 15 days for the purpose of providing 27 additional information necessary to establish eligibility. If information needed from a 3rd 28 party necessary to determine eligibility is not available at the time of the deadline, this 29 deadline may be extended until that information is available. The department shall provide 30 guidance and assist the individual to the extent possible in promptly securing any 3rd-party 31 information necessary to determine eligibility. 32 Services, including tuition, books, fees, stipends, child care and transportation, for which 33 the applicant is determined eligible must be provided retroactively to the date of application 34 or the date there is demonstrated need for services covered by the program and required for 35 successful participation, whichever is later. Other services may be provided retroactively 36 as determined by the department when necessary for the successful participation of an 37 eligible individual. 38 The department may not deny eligibility to any applicant for lack of information necessary 39 to verify eligibility unless it has first sought to access that information from any electronic 40 or other resource reasonably available to the department. If needed information to complete 41 the application is not available, the department shall contact the applicant at least 20 days 42 following the applicant's date of application by the applicant's preferred method of 43 communication to notify the applicant of any additional or missing information needed by 44 the department and to provide additional guidance that the applicant can use to obtain 45 information necessary to establish eligibility to the extent possible. 1 2 3 4 5 6 Page 3 - 132LR2349(01) 1 The costs for an educational transcript, credential evaluation or similar requirement needed 2 to determine eligibility for the program must be paid for by the program for any applicant 3 who is otherwise eligible for participation, as determined by the department, if funds are 4 not reasonably available from another source for this purpose. 5 is enacted to read: 6 7 under this section must provide notice that the decision may be appealed by an individual 8 through a request for a hearing within 30 days of receipt of the decision in accordance with 9 rules adopted by the department and consistent with Title 5, chapter 375, subchapter 4. The 10 30-day appeal period may be extended up to 15 additional days if the individual can show 11 good cause for failing to appeal within the initial 30-day period. If the individual files a 12 written appeal within 10 days of a decision to terminate the participant from the program 13 or terminate or reduce assistance being provided, the decision may not be implemented 14 pending the outcome of the appeal process. If no appeal is filed, the decision becomes final. 15 The first step in the appeal process is reconsideration of the decision by a program manager. 16 The program manager shall issue a written decision within 15 days of the filing of the 17 appeal and may consider new evidence presented during the appeal process. The decision 18 may reflect a resolution to the appeal or, if a resolution was not reached, it must reflect the 19 program manager's decision. 20 If the program manager issues a written decision that is adverse to the individual, the 21 department shall advise in that notice that the individual has a right to appeal the decision 22 within 30 days of receiving the notice to an impartial hearing officer, who will make a new 23 decision in accordance with Title 5, chapter 375, subchapter 4. The appeal period may be 24 extended up to an additional 15 days for good cause. 25 A hearing officer shall render a decision within 30 days of the hearing request and may 26 affirm, set aside, modify or remand the program manager's decision. A hearing decision 27 affirming, setting aside or modifying the program manager's decision pursuant to this 28 subsection is final agency action and may be appealed to the Superior Court. 29 is amended to read: 30 31 COMMUNITY WORKFORCE 32 33 as enacted by PL 2021, c. 456, §37, is repealed. 34 is enacted to read: 35 36 The Community 37 Workforce Connections Program, referred to in this subchapter as "the program," is 38 established. No later than October 1, 2025, the Commissioner of Labor, referred to in this 39 subchapter as "the commissioner," shall implement the program statewide to offer 40 meaningful peer support and workforce navigation to unemployed and underemployed Page 4 - 132LR2349(01) 41 workers via peer navigators employed by community-based organizations. The program 42 must prioritize individuals from populations that may face significant barriers to 43 employment as described in subsection 2, paragraph A and support successful access to 44 Department of Labor resources and maintenance of sustainable employment to increase 45 their economic security. The Department of Labor, referred to in this subchapter as "the 46 department," shall issue a request for proposals in accordance with state procurement law 47 to contract with qualified entities to operate the program under subsection 2. The program 48 shall: 9 A. Provide culturally appropriate, person-centered and relationship-focused peer 10 workforce navigation services that are based on a strengths-based case management 11 model and performed by individuals with shared lived experience. The program shall 12 advocate for, and provide sustained and reliable support to, individuals in their 13 transitions to improved economic security through employment, including by 14 providing education about program rules and community resources to facilitate 15 informed self-advocacy and life planning; 16 B. Work with community organizations, known and trusted by individuals described 17 in subsection 2, paragraph A, and through trusted peer navigators to proactively 18 identify and engage with unemployed and underemployed individuals and provide 19 them with the workforce navigation services under paragraph A and opportunities for 20 education, training, employment and reemployment assistance; 21 C. Introduce and connect individuals to career centers operated by the department, its 22 workforce partners and educational institutions and help the individuals, as needed, 23 navigate employment services and education and training programs operated by these 24 entities. The program shall help facilitate communication and trust building between 25 the individuals and these entities, including providing help completing applications; 26 assistance with complying with eligibility verification processes; and support for 27 participant progress and persistence; 28 D. Provide timely, responsive, flexible and individualized support when necessary to 29 help individuals meet basic needs so the individuals are more able to successfully 30 engage with work-related support services and find and retain employment, which 31 includes accessing support from both public and private sources, including support for 32 transportation, utilities and child care; 33 E. Promote trusted and successful relationships between individuals and government 34 agencies by furthering understanding of employment, education and training programs, 35 public assistance programs and associated rules, regulations, responsibilities and rights, 36 and any socioeconomic barriers to accessing these programs; 37 F. Conduct outreach to communities with disproportionately low enrollment in 38 unemployment insurance and reemployment assistance. The program shall provide 39 individual assistance, education and referrals for individuals applying for and making 40 ongoing claims for unemployment compensation, including offering assistance 41 connecting with department staff and coaching on self-advocacy for claimants 42 experiencing barriers to services. The program shall inform individuals about 43 provisions of law that may assist low-income and frequently unemployed individuals 44 disproportionately, including the dislocated worker benefits program under section 1 2 3 4 5 6 7 8 Page 5 - 132LR2349(01) 45 1043, subsection 5, paragraph B and section 1191, subsection 4, paragraph A, partial 46 unemployment benefits and reemployment services; and 3 G. Identify systemic issues creating barriers to successful employment or 4 reemployment for individuals seeking jobs, including improvements to employment 5 and training programs under chapter 25 and the unemployment compensation system 6 under chapter 13, and work to reduce those barriers. 7 To be eligible to receive a workforce navigation contract under 8 this section, an entity must: 9 A. Demonstrate that it has existing, trusted relationships with individuals, groups and 10 organizations from populations that may face significant barriers to employment, 11 including immigrants; individuals with limited English proficiency; individuals 12 without postsecondary training or college degrees; low-income and homeless 13 individuals; individuals who have been out of the workforce for an extended period; 14 individuals with low literacy, including digital literacy; individuals with substance use 15 disorder; individuals facing gender-based discrimination; individuals with disabilities; 16 indigenous and tribal populations; single-parent households; and low-income working 17 families; 18 B. Have the capability to carry out the duties of this section, including knowledge of 19 eligibility requirements and application processes related to education and training 20 services, including apprenticeship and preapprenticeship programs, reemployment 21 services, the unemployment compensation system under chapter 13 and other resources 22 necessary to help populations that may face significant barriers to employment as 23 described in paragraph A successfully participate in employment and increase their 24 economic security; 25 C. Comply with existing confidentiality standards to ensure the privacy of all 26 information collected from individuals receiving workforce navigation services; and 27 D. Provide services under this section without charge to the individuals receiving those 28 services. 29 The 30 commissioner shall establish standards for the awarding of contracts to qualified entities in 31 accordance with this subsection. 32 A. The commissioner may award multiple contracts to perform one or more of the 33 services described in this section. 34 B. To support the maintenance of relationships between qualified entities and 35 populations that may face significant barriers to employment as described in subsection 36 2, paragraph A and to ensure a high quality of service, the commissioner shall award 37 multi-year contracts to qualified entities as long as the qualified entities satisfy 38 performance requirements set forth in the contracts. 39 C. The commissioner shall give priority for contracts to qualified entities that are a 40 recognized source of support, expertise and community leadership for populations that 41 may face significant barriers to employment as described in subsection 2, paragraph A, 42 including racial and ethnic minorities, individuals with low literacy, individuals with 43 disabilities and other low-income individuals with socioeconomic barriers to 44 employment and education. 1 2 Page 6 - 132LR2349(01) 1 D. Workforce navigation services provided by qualified entities that receive workforce 2 navigation contracts must be coordinated with and supplement, not supplant, services 3 provided by the department. 4 E. All workforce navigation services provided under this subsection must be 5 performed in a manner that is culturally and linguistically appropriate to the population 6 served, including individuals with limited English proficiency, individuals with low 7 literacy and individuals with disabilities, recognizing the varying levels of digital 8 literacy and access to technology among individuals in need of services. 9 Of the Competitive Skills Scholarship Fund planned yield described in 10 section 1166, at least 12% of the annual planned yield must be used for the program. Any 11 funds not expended in the contract year by the contracted entity must be returned to the 12 Competitive Skills Scholarship Fund, except that any funds for expenses that occurred in 13 that contract year but were not yet paid in that year must remain available to the contracted 14 entity. The department may also seek any available opportunities for funding as needed to 15 support and enhance the workforce navigation services provided under this section. 16 17 This bill eliminates the peer workforce navigator pilot program and establishes the 18 Community Workforce Connections Program beginning October 1, 2025 to provide peer 19 support and community-based workforce navigation services to unemployed and 20 underemployed individuals facing barriers to employment to help them increase their 21 economic security. The bill provides that the program be funded by the Competitive Skills 22 Scholarship Fund. 23 The bill amends the law governing the Competitive Skills Scholarship Program to 24 authorize an added method of service delivery through an educational cohort model 25 targeted to assist low-income individuals and individuals who may face barriers to 26 education or successful workforce participation participating in a shared curriculum or 27 program; increases the ways in which individuals can qualify for the program; and changes 28 the application, decision and appeal process. 17 18 19 20 21 22